The Life of John Marshall Volume I Part 6

[Ill.u.s.tration: OAK HILL

From a water-color. The original house, built by Thomas Marshall in 1773, is shown at the right, in the rear of the main building.]

A book was placed in the hands of John Marshall, at this time, that influenced his mind even more than his reading of Pope's poetry when a small boy. Blackstone's "Commentaries" was published in America in 1772 and one of the original subscribers was "Captain Thomas Marshall, Clerk of Dunmore County, Virginia."[175] The youthful backwoodsman read Blackstone with delight; for this legal cla.s.sic is the poetry of law, just as Pope is logic in poetry. Also, Thomas Marshall saw to it that his son read Blackstone as carefully as circ.u.mstances permitted. He had bought the book for John's use as much as or more than for his own information. Marshall's parents, with a sharp eye on the calling that then brought greatest honor and profit, had determined that their eldest son should be a lawyer. "From my infancy," says Marshall, "I was destined for the bar."[176] He did not, we believe, give his attention exclusively to Blackstone. Indeed, it appears certain that his legal reading at this period was fragmentary and interrupted, for his time was taken up and his mind largely absorbed by military exercises and study.

He was intent on mastering the art of war against the day when the call of patriotism should come to him to be a soldier.[177] So the law book was pushed aside by the manual of arms.

About this time John Marshall was given his second fragment of formal teaching. He was sent to the school of the Reverend Archibald Campbell in Westmoreland County.[178] This embryo "academy" was a primitive affair, but its solitary instructor was a sound cla.s.sical scholar equipped with all the learning which the Scottish universities could give. He was a man of unusual ability, which, it appears, was the common possession of his family. He was the uncle of the British poet Campbell.[179]

The sons of this colonial parson school-teacher from Scotland became men of note and influence, one of them among the most distinguished lawyers of Virginia.[180] Indeed, it was chiefly in order to teach his two boys that Mr. Campbell opened his little school in Westmoreland.[181] So, while John Marshall attended the "academy" for only a few months, that brief period under such a teacher was worth much in methods of thought and study.

The third scanty fragment of John Marshall's education by professional instructors comes seven years later, at a time and under circ.u.mstances which make it necessary to defer a description of it.

During all these years, however, young Marshall was getting another kind of education more real and more influential on his later life than any regular schooling could have given him. Thomas Marshall served in the House of Burgesses at Williamsburg[182] from 1761 until October, 1767, when he became Sheriff of Fauquier County.[183] In 1769 he was again chosen Burgess,[184] and reelected until 1773, when he was appointed Clerk of Dunmore County.[185] In 1775 he once more appears as Burgess for Fauquier County.[186] Throughout this period, George Was.h.i.+ngton also served as Burgess from Westmoreland County. Thomas Marshall was a member of the standing committees on Trade, Religion, Propositions and Grievances, and on several special committees and commissions.[187]

The situations, needs, and interests of the upland counties above the line of the falls of the rivers, so different from those on the tidewater, had made the political oligarchy of the lower counties more distinct and conspicuous than ever. This dominant political force was aristocratic and selfish. It was generally hostile to the opinions of the smaller pioneer landowners of the back country and it did not provide adequately for their necessities. Their pet.i.tions for roads, bridges, and other indispensable requisites of social and industrial life usually were denied; and their rapidly growing democratic spirit was scorned with haughty disfavor and contempt.[188]

In the House of Burgesses, one could tell by his apparel and deportment, no less than by his sentiments, a member from the mountains, and indeed from anywhere above the fall line of the rivers; and, by the same tokens, one from the great plantations below. The latter came fas.h.i.+onably attired, according to the latest English mode, with the silk knee breeches and stockings, colored coat, ornamented waistcoat, linen and lace, buckled shoes, garters, and all details of polite adornment that the London fas.h.i.+on of the time dictated. The upland men were plainly clad; and those from the border appeared in their native homespun, with buckskin s.h.i.+rts, c.o.o.nskin caps, and the queue of their unpowdered hair tied in a bag or sack of some thin material. To this upland cla.s.s of Burgesses, Thomas Marshall belonged.

He had been a member of the House for four years when the difference between the two Virginia sections and cla.s.ses suddenly crystallized. The upper counties found a leader and fought and overcame the hitherto invincible power of the tidewater aristocracy, which, until then, had held the Government of Virginia in its lordly hand.

This explosion came in 1765, when John Marshall was ten years old. For nearly a quarter of a century the combination of the great planter interests of eastern Virginia had kept John Robinson Speaker of the House and Treasurer of the Colony.[189] He was an ideal representative of his cla.s.s--rich, generous, kindly, and ever ready to oblige his fellow members of the ruling faction.[190] To these he had lent large sums of money from the public treasury and, at last, finding himself lost unless he could find a way out of the financial quagmire in which he was sinking, Robinson, with his fellow aristocrats, devised a scheme for establis.h.i.+ng a loan office, equipping it with a million and a quarter of dollars borrowed on the faith of the colony, to be lent to individuals on personal security.[191] A bill to this effect was presented and the tidewater machine was oiled and set in motion to put it through.

As yet, Robinson's predicament was known only to himself and those upon whom he had bestowed the proceeds of the people's taxes; and no opposition was expected to the proposed resolution which would extricate the embarra.s.sed Treasurer. But Patrick Henry, a young member from Hanover County, who had just been elected to the House of Burgesses and who had displayed in the famous Parsons case a courage and eloquence which had given him a reputation throughout the colony,[192] opposed, on principle, the proposed loan-office law. In a speech of startling power he attacked the bill and carried with him every member from the up counties. The bill was lost.[193] It was the first defeat ever experienced by the combination that had governed Virginia so long that they felt that it was their inalienable right to do so. One of the votes that struck this blow was cast by Thomas Marshall.[194] Robinson died the next year; his defalcation was discovered and the real purpose of the bill was thus revealed.[195]

Quick on the heels of this victory for popular rights and honest government trod another event of vital influence on American history.

The British Parliament, the year before, had pa.s.sed resolutions declaring the right of Parliament to tax the colonies without representation, and, indeed, to enact any law it pleased for the government and administration of British dominions wherever situated.[196] The colonies protested, Virginia among them; but when finally Parliament enacted the Stamp Act, although the colonies were in sullen anger, they yet prepared to submit.[197] The more eminent men among the Virginia Burgesses were willing to remonstrate once more, but had not the heart to go further.[198] It was no part of the plan or feeling of the aristocracy to affront the Royal Government openly. At this moment, Patrick Henry suddenly offered his historic resolutions, the last one a bold denial of Parliament's right to pa.s.s the Stamp Act, and a savage defiance of the British Government.[199]

Cautious members of the tidewater organization were aghast. They did not like the Stamp Act themselves, but they thought that this was going too far. The logical end of it would be armed conflict, they said; or at the very least, a temporary suspension of profitable commerce with England.

Their material interests were involved; and while they hazarded these and life itself most n.o.bly when the test of war finally came, ten years later, they were not minded to risk either business or comfort until forced to do so.[200]

But a far stronger influence with them was their hatred of Henry and their fear of the growing power of the up country. They were smarting from the defeat[201] of the loan-office bill. They did not relish the idea of following the audacious Henry and his democratic supporters from the hills. They resented the leaders.h.i.+p which the "new men" were a.s.suming. To the aristocratic machine it was offensive to have any movement originate outside itself.[202]

The up-country members to a man rallied about Patrick Henry and fought beneath the standard of principle which he had raised. The line that marked the division between these contending forces in the Virginia House of Burgesses was practically identical with that which separated them in the loan-office struggle which had just taken place. The same men who had supported Robinson were now against any measure which might too radically a.s.sert the rights of the colonies and offend both the throne and Westminster Hall. And as in the Robinson case so in the fight over Henry's Stamp Act Resolutions, the Burgesses who represented the frontier settlers and small landowners and who stood for their democratic views, formed a compact and militant force to strike for popular government as they already had struck, and successfully, for honest administration.[203]

Henry's fifth resolution was the first written American a.s.sertion of independence, the virile seed out of which the declaration at Philadelphia ten years later directly grew. It was over this resolution that Thomas Jefferson said, "the debate was most b.l.o.o.d.y";[204] and it was in this particular part of the debate that Patrick Henry made his immortal speech, ending with the famous words, "Tarquin and Caesar had each his Brutus, Charles the First his Cromwell, and George the Third--"

And as the cries of "Treason! Treason! Treason!" rang from every part of the hall, Henry, stretching himself to the utmost of his stature, thundered, "--_may profit by their example_. If _this_ be treason, make the most of it."[205]

Henry and the stout-hearted men of the hills won the day, but only by a single vote. Peyton Randolph, the foremost member of the tidewater aristocracy and Royal Attorney-General, exclaimed, "By G.o.d, I would have given one[206] hundred guineas for a single vote!"[207] Thomas Marshall again fought by Henry's side and voted for his patriotic defiance of British injustice.[208]

[Ill.u.s.tration: _Oak Hill_]

This victory of the poorer section of the Old Dominion was, in Virginia, the real beginning of the active period of the Revolution. It was more--it was the ending of the hitherto unquestioned supremacy of the tidewater aristocracy.[209] It marked the effective entrance of the common man into Virginia's politics and government.

When Thomas Marshall returned to his Blue Ridge home, he described, of course, the scenes he had witnessed and taken part in. The heart of his son thrilled, we may be sure, as he listened to his father reciting Patrick Henry's words of fire and portraying the manner, appearance, and conduct of that master orator of liberty. So it was that John Marshall, even when a boy, came into direct and living touch with the outside world and learned at first hand of the dramatic movement and the mighty forces that were about to quarry the materials for a nation.

Finally the epic year of 1775 arrived,--the year of the Boston riots, Paul Revere's ride, Lexington and Concord,--above all, the year of the Virginia Resolutions for Arming and Defense. Here we find Thomas Marshall a member of the Virginia Convention,[210] when once more the radicals of the up country met and defeated the aristocratic conservatives of the older counties. The latter counseled prudence. They argued weightily that the colony was not prepared for war with the Royal Power across the sea. They urged patience and the working-out of the problem by processes of conciliation and moderate devices, as those made timid by their own interests always do.[211] Selfish love of ease made them forget, for the moment, the lesson of Braddock's defeat. They held up the overwhelming might of Great Britain and the impotence of the King's subjects in his western dominions; and they were about to prevail.

But again Patrick Henry became the voice of America. He offered the Resolutions for Arming and Defense and carried them with that amazing speech ending with, "Give me liberty or give me death,"[212] which always will remain the cla.s.sic of American liberty. Thomas Marshall, who sat beneath its spell, declared that it was "one of the most bold, animated, and vehement pieces of eloquence that had ever been delivered."[213] Once more he promptly took his stand under Henry's banner and supported the heroic resolutions with his vote and influence.[214] So did George Was.h.i.+ngton, as both had done ten years before in the battle over Henry's Stamp Act Resolutions in the House of Burgesses in 1765.[215]

Not from newspapers, then, nor from second-hand rumor did John Marshall, now nineteen years old, learn of the epochal acts of that convention.

He heard of them from his father's lips. Henry's inspired speech, which still burns across a century with undiminished power, came to John Marshall from one who had listened to it, as the family cl.u.s.tered around the fireside of their Oak Hill home. The effect on John Marshall's mind and spirit was heroic and profound, as his immediate action and his conduct for several years demonstrate.

We may be sure that the father was not deceived as to the meaning of it all; nor did he permit his family to be carried off the solid ground of reality by any emotional excitement. Thomas Marshall was no fanatic, no fancy-swayed enthusiast resolving highly in wrought-up moments and retracting humbly in more sober hours. He was a man who looked before he leaped; he counted the costs; he made up his mind with knowledge of the facts. When Thomas Marshall decided to act, no unforeseen circ.u.mstance could make him hesitate, no unexpected obstacle could swerve him from his course; for he had considered carefully and well; and his son was of like mettle.

So when Thomas Marshall came back to his Fauquier County home from the fateful convention of 1775 at Richmond, he knew just what the whole thing meant; and, so knowing, he gravely welcomed the outcome. He knew that it meant war; and he knew also what war meant. Already he had been a Virginia ranger and officer, had seen fighting, had witnessed wounds and death.[216] The same decision that made him cast his vote for Henry's resolutions also caused Thomas Marshall to draw his sword from its scabbard. It inspired him to do more; for the father took down the rifle from its deerhorn bracket and the hunting-knife from its hook, and placed them in the hands of his first-born. And so we find father and son ready for the field and prepared to make the ultimate argument of willingness to lay down their lives for the cause they believed in.

FOOTNOTES:

[104] Story, in Dillon, iii, 334.

[105] The records of Westmoreland County do not show what disposition Thomas Marshall made of the one hundred acres given him by his mother.

(Letter of Albert Stuart, Deputy Clerk of Westmoreland County, Virginia, to the author, Aug. 26, 1913.) He probably abandoned it just as John Was.h.i.+ngton and Thomas Pope abandoned one thousand acres of the same land. (_Supra._)

[106] Westmoreland County is on the Potomac River near its entrance into Chesapeake Bay. Prince William is about thirty miles farther up the river. Marshall was born about one hundred miles by wagon road from Appomattox Creek, northwest toward the Blue Ridge and in the wilderness.

[107] Campbell, 404-05.

[108] More than forty years later the country around the Blue Ridge was still a dense forest. (La Rochefoucauld, iii, 173.) And the road even from Richmond to Petersburg, an hundred miles east and south of the Marshall cabin, as late as 1797 ran through "an almost uninterrupted succession of woods." (_Ib._, 106; and see _infra_, chap. VII.)

[109] John, 1755; Elizabeth, 1756; Mary, 1757; Thomas, 1761.

[110] Binney, in Dillon, iii, 284.

[111] The ancient trunks of one or two of these trees still stand close to the house.

[112] British map of 1755; Virginia State Library.

[113] See La Rochefoucauld, iii, 707. These "roads" were scarcely more than mere tracks through the forests. See chap. VII, infra, for description of roads at the period between the close of the Revolution and the beginning of our National Government under the Const.i.tution.

Even in the oldest and best settled colonies the roads were very bad.

Chalkley's _Augusta County (Va.) Records_ show many orders regarding roads; but, considering the general state of highways, (see _infra_, chap. VII) these probably concerned very primitive efforts. When Thomas Marshall removed his family to the Blue Ridge, the journey must have been strenuous even for that hards.h.i.+p-seasoned man.

[114] She was born in 1737. (Paxton, 19.)

[115] At this time, Thomas Marshall had at least two slaves, inherited from his father. (Will of John Marshall "of the forest," Appendix I.) As late as 1797 (nearly forty years after Thomas Marshall went to "The Hollow"), La Rochefoucauld found that even on the "poorer" plantations about the Blue Ridge the "planters, however wretched their condition, have all of them one or two negroes." (La Rochefoucauld, iii, 135.)

[116] Personal inspection.

[117] Mill-sawed weather-boarding, held by cut nails, now covers the sides of the house, the original broad whip-sawed boards, fastened by wrought nails, having long since decayed.

[118] Practically all log cabins, at that time, had only one story.

[119] See _infra_.

[120] Six more children were born while the Marshalls remained in "The Hollow": James M., 1764; Judith, 1766; William and Charles, 1767; Lucy, 1768; and Alexander, 1770.

[121] Nearly twenty years later, "Winchester was rude, wild, as nature had made it," but "it was less so than its inhabitants." (Mrs.

Carrington to her sister Nancy, describing Winchester in 1777, from personal observation; MS.)