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JOHN MARSHALL
AND HIS HOME
BY
MARY NEWTON STANARD
r\m r^B w m •»■
PUBLISHED BY THE
Association for the Preservation of
Virginia Antiquities.
FOR SALE AT THE
JOHN MARSHALL HOUSE,
RICHMOND, VIRGINIA.
Price Fifty Cents
JOHN MARSHALL
From the Inman portrait
JOHN MARSHALL
AN ADDRESS
BY
MARY NEWTON STANARD
READ BEFORE THE
ASSOCIATION FOR THE PRESERVATION
OF VIRGINIA ANTIQUITIES
AT THE
Opening- of the John Marshall House, March 27, 1913
TOGETHER WITH A DESCRIPTION OF THE
HOUSE AND ITS CONTENTS
RICHMOND
WM. ELLIS JONES' SONS, INC., PRINTERS
I913
.&
AfisociatioB
MAH 1 1315
OFFICERS.
Mrs.
Mrs.
Mrs.
Mrs.
Miss
Mrs.
Mrs.
Mrs.
J. TAYLOR ELLYSON,
EDWARD V. VALENTINE,
WILLIAM RUFFIN COX,
CHARLES B. BALL, -
President.
First Vice-President.
Second Vice-President.
Third Vice-President.
SALLY ARCHER ANDERSON, Recording Secretary.
J. ENDERS ROBINSON, - Corresponding Secretary.
WILLIAM C. BENTLEY, - Treasurer,
WILLIAM G. STANARD, - Historian.
JOHN MARSHALL HOUSE COMMITTEE.
Mrs. Walter Christian, Chairman.
Mrs. Edward V. Valentine, Mrs. Christopher Tompkins,
Mrs. William Ruffin Cox, Miss Emily Harvie,
Mrs. William G. Stanard, Miss Ellen Wade,
Mrs. J. Caskie Cabell, Miss Betty Ellyson.
OPENING-DAY RECEPTION COMMITTEE.
Mrs. Granville G. Valentine, Mrs. Charles E. Bolling,
Mrs. Junius B. Mosby.
JOHN MARSHALL
Upon Thursday afternoon, March the twenty-seventh,
nineteen hundred and thirteen, the home of Chief Justice John
Marshall, in Richmond, Va., which had been given by the city
of Richmond to the Association for the Preservation of Vir-
ginia Antiquities, to be perserved as a perpetual memorial, was
formally opened to the public. The guests were received by the
President of the Association assisted by the officers and Board
and the John Marshall House and Reception Committees.
Judge James Keith, President of the Court of Appeals of
Virginia, and a kinsman of Chief Justice Marshall, presided
over the exercises. In few but choice words he paid fitting
tribute to the life and character of the great Chief Justice and
then introduced Mrs. William G. Stanard, the Historian of the
Association, who read the following
Address
Mr. Chairman, Ladies and Gentlemen:
It seems hard upon Westmoreland, the county of the Wash-
ingtons and Lees, that John Marshall was not born in it. His
father, Thomas Marshall, was born there, at "The Forest,"
and went to school with George Washington at the "Classical
Academy," in the neighborhood, taught by Mr. Campbell, who,
by the way, was an uncle of the English poet, Thomas Camp-
bell.
Later on, Thomas Marshall, like Washington, was employed
as a surveyor of the great estates of Lord Fairfax. In the
upper country he met, loved and married beautiful Mary
Isham Keith, daughter of a Scotch parson of what is now
6 JOHN MARSHALL
Fauquier county, and on her mother's side a descendant of
WiUiam Randolph, of "Turkey Island," and cousin of Thomas
Jefferson. And so, as he made her country his country,
Thomas Marshall and his famous son were lost to the county
of the Washingtons and the Lees.
He and his bride planted their first roof-tree at German-
town, in Fauquier, but later moved higher up the county near
the Blue Ridge, and set up a second on a farm which they
named "Oakhill." They served their country loyally in the
good old Virginia fashion by adding to its sparse population
fifteen little Marshalls. Sturdy little Marshalls they must have
been, for in spite of blissful unconsciousness of the existence
of germs, in spite of the hardships of frontier life, all fifteen
grew up.
The eldest of them and the most liberally endowed by
nature, was a son, John. He was born, on September 24,
1755, in the earlier nest, which has long since disappeared;
"Oakhill," enlarged and improved, still stands, and claims our
interest as the home in which he was bred. It was no stately
mansion, but a typical Colonial Virginia frontier home. Colon-
ial Virginia had her mansions, of course, and some of her
illustrious sons were bred in them ; but they were the ex-
ceptions. More numerous, more typical, were the simple farm
houses where a larger number grew great in soul and mind
as they grew in stature.
John Marshall was exceptional, but "Oakhill" was the aver-
age home of the time and place. It is worth while to call
to mind a picture of this house and its surroundings, for here
the structure of that strong, simple, brilliant personality we
classify as John Marshall quietly had its building.
A modest frame cottage was "Oakhill," scantily supplied
with every luxury, save children. There were only the neces-
sary pieces of furniture, we may be sure, and if some of
them were mahogany, others were home-made of home-grown
timbers. The walls were innocent of decoration save white-
wash, the floors for the most part bajre. If there were bed
and window curtains some of them may have been white, others
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JOHNMARSHALL /
were certainly calico, gay with shawl figures or other old-
fashioned designs, for satisfaction in homely comfort had not
then given way to competitive exhibitions of house decoration.
Calico, linsey-woolsey and homespun played a large and
proud part in the family clothing; though there were best
suits for Sundays and State occasions of finer stuffs. Mary
Keith Marshall, mother of the fifteen, even had a gown of
skyblue brocade. Whether it was the one in which she cap-
tivated Thomas Marshall, of Westmoreland, or a part of her
trousseau as a bride, or whether she acquired it later on, to
wear in Richmond while on a visit to son John, we do not
know. But she owned such a gown, for the Association for
the Preservation of Virginia Antiquities has a piece of it.
Scare as luxuries were there were books — English classics
whose presence would place the hall-mark of culture upon
more ambitious homes today. And bare as it seems, "Oak-
hill" was not a home of want. It was surrounded by rich
fields, tilled by slave labor, and it was situated on high ground
overlooking charming scenery. Field and stream and moun-
tain afforded physical exercise and communion with nature to
the growing youth surfeited with reading or wearied of the
chatter in the crowded cottage. For John Marshall, boy and
man, was exceptional, among other ways in this, that he had
a passion for both mental and physical exercises — for books
and country tramps, meditation and athletics. He was like
Richmond's other world famous citizen, Edgar Poe, in this,
if in naught else. No doubt these diverse tastes acted happily
upon each other in the development of his character.
At "Oakhill" he had a bracing climate, as well as all out-
doors in which to run and tramp and fish and hunt and play
the games of boys of his time. He had the companionship
and guidance of educated parents and of a capable tutor. Rev.
James Thompson, rector of the parish, who lived at "Oak-
hill" and taught the Marshall boys. Under such influences
John early developed his love of books. At twelve he knew
much Pope by heart, and was familiar with Dryden, Shakes-
peare and Milton. At fourteen he was sent for one year to
O JOHN MARSHALL
Westmoreland to the "Classical Academy" where his father
and Washington had gone (and where he himself had Monroe
for a schoolmate) and afterward resumed the study of Latin
with his old tutor with whom he had read Horace and Livy.
When he was eighteen the first American edition of Black-
stone made its appearance, and among the subscribers was
Captain Thomas Marshall. With the addition of this book
to the bit of library at "Oakhill," began John's interest in the
study of law.
But Blackstone soon had a too formidable rival for even so
legal a mind as that of John Marshall. There were rumors
of war for independence, and patriotism and dreams of mili-
tary glory fired the soul of the boy. At the sound of the
first alarum father and son entered the army — Thomas as ma-
jor, John as lieutenant in a company of volunteers.
A contemporary has left us a pleasant picture of young
John setting forth from "Oakhill" for a tramp of ten miles
over hill and dale to the musterfield on which his company was
to assemble. See him, as he swings along, with brisk, eager
step and expectant eye. He is six feet tall, as yet slender as
youths that have shot up rapidly are apt to be, and straight,
but a bit gawky. His complexion is a healthy brown. His
hair is thick and black, his brow straight and rather low, but
well developed about the temples ; his eyes not large, but
dark, strong, penetrating and beaming with intelligence and
humor. His face is round and features strong and at the
same time amiable. He wears a hunting shirt of purplish blue
homespun and baggy knee-trousers of the same material, brave
with white fringe. His stockings are of blue homespun yarn,
knitted by his mother, and his shoes, made doubtless by a
black shoemaker, are stout and serviceable, we may depend.
He has stuck a buck's tail — trophy of his last day's hunting —
in his round, black hat for a cockade.
Thus John Marshall, aged nineteen, went a-soldiering across
the greening Fauquier hills on a spring morning of 1775. Just
an overgrown country boy, keen for trying his strength in the
world, but having about him something — call it charm, call
JOHN MARSHALL W
it force, call it individuality, call it genius, call it what you
will, but something that marks him as different — that com-
pels attention. He found a little band of country boys eager,
like himself, for the adventures of war, and anxious for in-
struction ; for they had seen no newspapers and knew little
of the war-cloud beyond vague and conflicting rumors. Im-
agine their disappointment when no captain put in appearance !
Young John came to the rescue. Mounting a stump, he
made his maiden speech. He told the boys he had been ap-
pointed lieutenant instead of a better. He had come to meet
them as fellow soldiers likely to be called on to defend their
country's and their own rights and liberties, invaded by the
British. He told them of a battle in Lexington, in Massa-
chusetts, in which the /Americans had been victorious, but
more fighting was expected. Soldiers were called for and
it was time to brighten up their firearms and learn to use
them in the field. He said he would show them the new
manual exercise, for which purpose he had brought his gun.
He illustrated by bringing the gun to his shoulder. The ser-
geants then put the men in line and the young lieutenant pre-
sented himself in front, to the right. He had been studying
and practicing rifle-drill at home ever since the war-talk began.
He now went through it by word and motion before requiring
the men to imitate him and then drilled them "with the most
perfect temper" for as long as he thought proper for a first
lesson. This over, he told them that if they wished to hear
more of the war, and would form a circle around him, he
would tell them all he knew.
The circle formed, he addressed them for an hour, closing
with the announcement that a minute battalion was about to
be raised and that he was going in it and expected to be joined
by many of his hearers. He then challenged an acquaintance
to a game of quoits and closed the day with foot-races and
other athletic sports before walking the ten miles back to
"Oakhill," where he arrived a little after sunset.
This glimpse of the boy soldier-orator is more than pictur-
esque — it is important. It shows us the boy as father of the
10 JOHN MARSHALL
man. It shows his simply, naturally, without ostentation, yet
•without hesitation, taking the place for which nature formed
him — a leader among his fellows, compelling by the power that
lay in his tongue and in the force of his will, dominating with-
out irritating. It shows him making a serious business of
the drilling lesson — working while he worked — then turning
with a like degree of spirit to play. And the game was the
one he played from childhood to old age with a zest that never
flagged. John Marshall quoit-thrower is as familiar a figure to
the mind's eye as John Alarshall presiding judge.
The regiment of minute men he spoke of was made up of
some three hundred and fifty volunteers of Fauquier, Orange
and Culpeper counties. Thomas Marshall was major of in-
fantry and his son John lieutenant. They were the first minute
men raised for the Revolution in Virginia. Their uniform
was much the same as that in which we have seen young
John — hunting-shirts, "homespun, homewoven and home-
made," with Henry's words, "Liberty or Death," in white
letters on their bosoms. Their flag bore a coiled rattlesnake
with the legend, "Don't tread on me." Buck tails furnished
plumes for their hats, and they wore tomahawks and scalping
knives in their belts. Their crudely war-like equipment raises
a smile today ; it struck terror to the heart of the beholder as
they marched through the country to Williamsburg, and Lord
Dunmore told his troops that if they fell into the hands of
these "shirt-men" they would be scalped.
In the battle of "Great Bridge" — the first fighting in Vir-
ginia — the "shirt-men" showed that the awe they inspired was
justified, though there is no record of any scalping. "In this
battle," says Judge Story, "Lieutenant Marshall took an active
part and had a full share of the honors of the day." This v/as
in the autumn of 1775. In July, 1776, young John was made
first lieutenant in the Eleventh Regiment, in the Continental
Line, and in May, 1777, was promoted to the rank of captain.
He was constantly in service till 1779, and fought in the battles
of Iron Hill, Brandywine, Germantown and Monmouth.
He was often called upon to serve as judge-advocate, which
JOHN MARSHALL 11
brought him intimacy with Washington and Hamilton, both
of whom won his devoted admiration. He suffered with Wash-
ington and the exhausted troops the horrors of the winter at
Valley Forge, and some of his fellow soldiers have left testi-
mony concerning the manner in which he bore his own trials
and heartened the men to bear theirs. Lieutenant Philip
Slaughter, one of his mess-mates, describes him as the best-
tempered man he ever knew — "idolized by the soldiers and
other officers, whom he encouraged by his own exuberance of
spirits and entertained by his inexhaustible fund of anecdotes."
We see him forgetting discomforts in matches of his favorite
game — throwing a quoit further than any other man — foot-
racing, and with a running jump clearing a stick laid on the
heads of two men as tall as himself.
One day he ran a stocking-foot race, in stockings knitted of
blue yarn with white heels, and was dubbed "silver-heels."
In 1779, when part of the Virginia line was sent to the
defense of South Carolina, he was one of the officers left with
the troops with Washington. The term of enlistment of these
men soon ended and Captain Marshall was left without a
command. He was ordered to return to Virginia and take
charge of such new troops as the Legislature should raise for
him, and he set out at once for Williamsburg, where the Legis-
lature was in session.
We have now a new picture of our young hero. We have
had John Marshall the soldier; here is John Marshall the
beau. His father. Colonel Thomas Marshall, was in command
of a garrison at Yorktown, a few miles from Williamsburg.
Young John seized the opportunity to visit his family. Next
door to the house occupied by Colonel Marshall and his suite
lived Mr. Jacqueline Ambler, longtime Treasurer of Virginia,
with his bevy of charming daughters. The Ambler girls had
become intimate with the young Marshalls, who constantly
sang the praises of their war hero. Brother John. When the
girls heard that Brother John was coming and was to be at
a ball to which they were going, their interest ran high. One
of them, Elizabeth, afterward the wife of Colonel Edward
12 JOHNMARSHALL
Carrington of the Revolution, described it in a letter which
has been preserved. She says :
"Perhaps no officer that had been introduced to us excited
so much interest. We had heard him spoken of as a perfect
paragon Our expectations were raised to the
highest pitch and the little circle at York was on tip-toe on
his arrival. Our girls were particularly emulous who should
be first introduced."
While the older girls accustomed to the attentions of the
young officers chatted about the new beau their little sister
Mary, or "Polly" as they called her, who was not yet "out,"
listened and heard the first call of romance. The letter
continues :
"My sister, then only fourteen years old and diffident beyond
all others, declared that we were giving ourselves useless
trouble, for that she, for the first time, had made up her
mind to go to the ball, though she had not even been to danc-
ing school, and was resolved to set her cap for him and eclipse
us all. This in the end proved true and at the first introduc-
tion he became devoted to her. I, expecting an Adonis, lost
all desire of becoming agreeable in his eyes when I beheld
his awkward figure, unpolished manners and total neglect of
person."
The writer soon found that John Marshall was no ordinary
country bumpkin, and acknowledges the discovery, adding:
"Under the slouched hat there beamed an eye that pene-
trated at one glance the inmost recesses of human char-
acter and beneath the careless garb there dwelt a heart
replete with every virtue."
The Ambler girls had been educated by their father, who
set them copies in "the fairest hand, containing a lesson of piety
or an elegant moral quotation," introduced them to arithmetic
with "figures encircled with flowers" and proved himself a
proper disciplinarian by frequent use of the rod. Little Mary's
beau added substantially to this elementary foundation for, to
quote the older sister again, "Whatever taste I may have for
JOHN MARSHALL 13
reading was entirely gained from him, who read to us from
the best authors, particularly the poets, with so much taste
and sublimity, without which I should never have had an
idea of."
So pleasant an, episode in a soldier's life could not last long.
He went on to Williamsburg to await recruits, but the Legis-
lature was slow in furnishing them, so he made use of the
time by attending the law lectures of Mr. (afterward Chan-
cellor) Wythe, and the lectures on philosophy of Dr. James
Madison, President of William and Mary College, and after-
ward first Bishop of Virginia.
There is in existence an old note-book used by John Mar-
shall while attending these classes. It shows that his thoughts
sometimes strayed beyond the class-room after the manner of
college boys in love today and always. Underscored with many
flourishes of the pen we find, at intervals, on the yellowed
pages the name "Polly Ambler." Sometimes it is just "Polly,"
while lower down on the same page appears "John Marshall."
At the close of the college for summer vacation, and the
only college term John Marshall ever enjoyed, he was given
a license to practice law ; but duty to his country drew him
back into the army. Despairing of receiving a command, he
set out alone and on foot to make his way back to headquarters,
reaching Philadelphia in such dishevelled condition that the
hotel keeper refused to admit him. He rejoined the army,
however, and remained in active service until January, 1781 —
nine months before the surrender of Cornwallis — when, seeing
no hope of obtaining a command, he resigned his commission.
As soon as the Virginia courts of law, which were suspended
until after the siege of Yorktown, were reopened, John Mar-
shall offered for practice. He was now twenty-five years
old. Little conventional training for his profession he had
had, but army life is a good school for the development of
manhood and the study of human nature, and at the bar his
powers of mind and character met instant recognition.
But life was not all plain sailing to John Marshall or any
other citizen of the new Republic. After war comes peace in
14 JOHNMARSHALL
name only, for after war comes hard times. "The tumult
and the shouting dies" leaving even the flushed victor flat in
the depths of reaction and dismayed at the chaos out of which
order must be painfully established if the benefits of victory
are to be secured. Disbanded troops clamored in vain for pay ;
there was no money with which to pay them. Agriculture
and trade were crippled ; manufacture at a standstill. The
complaining of the unemployed was heard in the land; the
distress was appalling. So long as hunger and cold are among
the ills, human flesh is heir to will the empty purse be man's
ghastliest, most unbearable woe. And when not only today's
and tomorrow's need, but yesterday's debts are crying to the
empty purse, desperate indeed is the situation.
Such was the plight of numbers of ablebodied and indus-
trious men in all of the newly freed states. The people looked
to the state legislatures for relief and demanded ruinous meas-
ures for adjustment of debts. It was a time that not only
tried men's souls, but tried the abilities of those upon whose
counsel the very life of the states depended. To make their
part more difficult, popular leaders and men of desperate fortune
went about inflaming the public mind against the wiser heads
who opposed granting license for violation of private contracts.
Each state harrassed by its own problems, distracted by the
distress of its citizens, yet each regarding all the others with
jealous eye, managed its affairs in its own way — all pulling
for self and against each other with a result that was con-
fusion worse confounded.
John Marshall was one of those who, to use his own words,
became "convinced that no safe and permanent remedy could
be found but in a more efificient and better organized general
government."
Two great and bitterly antagonistic parties sprang into being.
The Federalist, of whose principles General Washington was
the acknowledged head and supporter — bent upon perfecting
and enlarging the powers of the National government ; the
Republican (the forerunner of the present Democratic party)
— bent on preserving the sovereignty of the states.
JOHNMARSHALL 16
It was at such a, time that the young lawyer, John Marshall,
late captain in the Revolutionary Army, was called to enter
the political arena, and such was the crucible fate or fortune
had prepared for the testing of his talents ; for in the spring
after he began practicing law in his native county, Fauquier,
that county sent him to the Legislature. He found party feel-
ing running high there, as elsewhere. Madison was leader of
the Federalists in the Virginia Legislature, and Marshall
promptly became his most ardent supporter. In a letter to
a friend written later in life he says: "I had grown up at a
time when a love of the Union and the resistance to the claims
of Great Britain were the inseparable inmates of the same
bosom ; when patriotism and a strong fellow-feeling with our
suffering fellow citizens of Boston, were identical ; when the
maxim 'United we stand ; divided we fall,' was the maxim
of every orthodox American. And I had imbibed these senti-
ments so thoroughly that they constituted a part of my being.
I carried them into the army where I found myself asso-
ciated with brave men from different states, who were risking
life and everything valuable in a common cause, believed by
all to be most precious ; and where I was confirmed in the
habit of considering America as my country and Congress as
my government."
There was in Virginia at this time a Council of State, com-
posed of eight men, chosen by the Legislature to advise with
the Governor. In the autumn of 1782 following the spring
of John Marshall's election to the Legislature, Judge Edmund
Pendleton, President of the Virginia Court of Appeals, wrote
to Mr. Madison : ''Young Mr. Marshall is elected a Councilor.
He is clever, but I think, too young for that
department, which he should rather have earned as a retire-
ment and reward, by ten or twelve years of hard service."
That his confreres in the Legislature deemed him worthy of
so high an honor after only six months' service shows the
impression for wisdom and trustworthiness he had made in
that short time.
16 JOHNMARSHALL
But deep in public affairs as John Marshall already found
himself, service of his country did not absorb all his thoughts.
Perhaps he would not have been so brave a soldier, so warin
a patriot, so pure a statesman, had he been less devoted a
lover. Polly Ambler, the girl who at fourteen had captured his
heart at the Yorktown ball, still held it fast. When the war
was over fortune favored the sweethearts, for Jacqueline
Ambler, too, was elected to the Council of State, and moved,
with his family, to Richmond. Doubtless the young lawyer
and member of the Assembly found time for frequent visits
to the pleasant cottage in its large lawn on Tenth Street
between Clay and Marshall Streets, where the Amblers lived,
and for strolls, with the charming Polly on his arm, up the
river bank to "the falls" — a lover's lane of the day. His sister-
in-law, Mrs. Carrington, calls him ''an enthusiast in love," and
quotes him as saying in after years that he "looked with as-
tonishment at the present race of lovers, so totally unlike
himself."
I might show him as the jealous lover and describe his
feelings when "Major Dick" came courting Polly, but I for-
bear. He and his Polly were married in January, 1783, when
she was — after the three years' courtship — only seventeen and
he twenty-eight.
Mrs. Carrington says : "After paying the parson he had
but one solitary guinea left" upon which to begin married life.
After the wedding he settled in Richmond. The single
guinea in his podket was not lonesome long, for in the same
year he bought the block, or "square" as he would have called
it, between Clay and Marshall and Eighth and Ninth Streets.
This property was in the fashionable section of the city, but
probably did not cost more than a thirty-foot lot in an equally
fashionable quarter would today. Upon it stood, on a site now
covered by the John Marshall High School, a two-story, dormer-
windowed frame cottage, in which the young couple set up
housekeeping and lived the six years they waited to build and
make ready the substantial and commodious brick homestead
on the corner of their lot.
JOHN MARSHALL 17
The old note-book already quoted is many-leaved. When
John Marshall became a house-holder and family man he used
its blank pages for keeping accounts, and many interesting
items appear in it. I only give one:
"Polly's bonnet, fifteen dollars."
Richmond was but a small town when John Marshall came
to live in it ; a mere village with homes varying from smallest
cottage to dignified mansion — not many of any type, but each
having something in the way of yard and garden — straggling
over the older part of Church Hill and lower Main Street
and Broad, Marshall and Clay Streets, below Fifth. Just an
old-fashioned village it was, but it had become the capital
of Virginia and drawn to itself many of the most talented
and promising of Virginia's sons, and these had made a little
Athens of Richmond on the James. It is as foolish to ask
why Virginia past produced so many of what the world calls
great men as it is to ask why England has never had but one
Shakespeare. Some would say it is a question of atmosphere
— that the distance which clothes the mountain in its azure
blue has made these men loom unduly large as we look back
upon them across the years. But their recorded words and
deeds force us to believe that there really were giants in those
days. Maybe it was because intellectual gifts and accomplish-
ments won more respect then, because modest incomes earned
in the learned professions carried more prestige than riches
made in business, because men cared more for distinction than
for material display. It must be remembered, of course, that
there was not so much for money to buy then. Had the Amer-
ican of Revolutionary times known modern luxuries, from
bath tubs to automobiles, perhaps he would not have contented
himself with the gentle toil of compounding state papers of
thoughts that breathe and words that burn, generously spiced
with Latin quotations, nor with the gentle recreation of read-
ing poetry to the ladies. And when there were not only no bath
tubs, no automobiles, but no organizations for reforming the
world and promoting everything under the sun — with their in-
18 JOHN MARSHALL
mumerable committees and constant meetings — no servant prob-
lem, no telephone and almost no newspaper, perhaps there
was time for thought and study. The fact stands that insig-
nificant as Virginia's capital was in population or wealth, when
and long after John Marshall became one of her citizens, the
talent, character and personality of her acknowledged leaders
of thought and of manners, gave her an influence which was
felt throughout the new Republic then, and a stamp of great-
ness which every student of her history and biography must
recognize now.
Among the leaders John Marshall at once found a place,
and he and his girl-bride were admitted to the inner circles of
the elite. Of course he was no stranger in Richmond, where
his services as a member of the Legislature had given him
both reputation and social acquaintance. After his marriage
he resigned the Council to devote himself to his profession and
his home, and the law reports of the time show him in nearly
all the most important cases in the Richmond courts. But
he could not keep out of office. In spite of his removal to
Richmond, Fauquier re-elected him to the Legislature — thus
showing him the confidence of those that had known him
longest. He accepted, for he knew his country's need. Four
years later, in 1787, he was chosen to represent his adopted
county, Henrico.
Excited and bitter discussions between the advocates of
the sovereignty of the States and of the Union still absorbed
the legislatures of all the states. In Virginia, John Marshall
remained steadfast to the Federalist party and its leader,
James Madison. Finally, to settle matters, the famous Con-
vention of 1787 was called at Philadelphia and the Constitu-
tion of the United States framed and presented to the people
for consideration. The various states now called conventions
to decide upon the acceptance or rejection of the Constitution.
John Marshall was (to use his own words) "a. determined
advocate for its adoption," and in order to work for it, became
a candidate for the convention. A majority of the voters of
Henrico county were opposed to it and told him they would
Copyright by A. P. V. A.
THE DRAWING ROOM
JOHN MARSHALL
19
support him if he would promise to vote against it, otherwise
they would oppose his election. He frankly declared that
on the contrary he would vote for it. Eut (to use his own
words again) "Parties had not yet become so bitter as to ex-
tinguish private affection." He was chosen by a good majority.
The Virginia Convention met in the "Academy," which stood
on Twelfth Street, on a lot now occupied in part by "The
Retreat for the Sick." The country watched anxiously to
see what Virginia would do with the Constitution, for many
believed that her vote would influence other states. The mem-
bers of the Convention were serious-minded men come together
with a solemn sense of their responsibility. The chief debates
were led by James Madison (for the Constitution), supported
by George Nicholas, Governor Edmund Randolph, Edmund
Pendleton and John Marshall; and Patrick Henry (opposed
to the Constitution), supported by Grayson and George Mason.
The clashing of intellects and of party feeling must have shaken
not only the little Academy building, but the whole town.
Day after day, for twenty-five days the battle of words raged.
At last the Constitution won by ten votes. Nine states had
already adopted it, settling its fate without Virginia's aid.
John Marshall had contented himself for the most part with
supporting Madison, ])ut had made three notable speeches;
one on the power of taxation, one on the power over the
militia and one "on the power of the judiciary. An eyewitness
describes him as "rising after Monroe had spoken, a tall young
man, slovenly dressed in loose summer apparel."
John Marshall was an enthusiast always — in work and in
play, in reading and study, and in love, in war and in politics,
but when he rose to debate he never let his heart run away
with his head. Nor had this eldest of fifteen children, reared
in frugality on a frontier farm, any taste for the ornate in
dress, manners or speech. His debates were colored with no
flowers of rhetoric, but were spoken straight to the judgment,
for the single purpose of convincing. Says William Wirt, his
eloquence consisted in "deep self-conviction, emphatic earnest-
ness and the close and logical connection of his thoughts."
20 JOHNMARSHALL
Another witness likens him to "some great bird which flounders
on the earth for a while before it acquires impetus to sustain
its soaring flight."
The fight for the Constitution won, John Marshall — now
thirty-three years old — made a determined effort to retire from
politics He was building his house, his family was growing,
the beloved young wife had become an invalid. He needed
time for home duties and pleasures and he needed the money
strict attention to his profession would bring. But the Con-
stitution still had its enemies, who now showed their antago-
nism by opposing its measures. Strong support in the Legis-
lature was essential. John Marshall was chosen again, and
again, at sacrifice of private interest, he obeyed the call to
service and for four years, from 1788 to 1792, "the rights,
du' 'es and powers of the National Government were defended
b}' Iiis clear and convincing logic."
In 1792 he actually withdrew to private life.
In 1789 General, then President, Washington had offered
him the office of District Attorney of the United States at
Richmond, but he had declined it. In 1795 Washington of-
fered him the office of Attorney General of the United States,
and in 1796 that of Minister to France. Marshall declined
these, also, in turn, but in 1795 was persuaded to return to the
Virginia Legislature.
In the meantime the French Revolution had broken out.
The world looked on with interest and the new American
Republic, so lately itself freed from oppression, threw up its
hat in youthful enthusiasm for the success of France, its late
friend and ally. Even the wild excesses of the Revolution were
no damper on the sympathy of the American masses.
The wiser heads scented danger. To take the part of France
would mean to arouse the enmity of Great Britain and our
country already suffering from the effects of one war with
England was ill prepared to embark upon another. President
Washington made up his mind to preserve the peace he and
his soldiers had suffered to win, and issued a proclamation of
neutralit}'. The country was at once in an uproar — Republi-
JOHN MARSHALL. 21
cans denouncing Washington and the proclamation, Federalists
supporting them. John Marshall, who had been the devoted
supporter of Washington in everything, used all his powers
of argument and eloquence for the proclamation, though his
old leader, Madison, as well as Jefferson and Monroe was
against it. Marshall was bitterly attacked by newspaper writers
and by the Republican orators. Indeed it was a time of violence
of emotion and speech, in midst of which the calm, cool deter-
mination of Washington, supported by the strong, unwaver-
ing logic of John Marshall, saved the country.
At length Washington sent Chief Justice John Jay to Eng-
land to negotiate a treaty of peace. Jay succeeded in arrang-
ing a treaty, but it was a compromise and did not please any-
body, though it was the best he could do. It was loudly de-
nounced in Virginia, as throughout America, and caused harsh
criticism of Washington. John Marshall's friends advised him
against supporting it, for they feared for his own popularity.
But he believed the treaty indispensible to peace and urged its
ratification in a speech which has been pronounced "one of
the noblest efforts of his genius," and which increased his
fame throughout the country.
In spite of the treaty, relations with France became more
strained, and, in May, 1797, the new President, John Adams,
called a special session of Congress. Hoping for an honorable
settlement. President Adams sent Marshall (Federalist) and
Gerry (Republican) as Envoys Extraordinary to France. Re-
ferring to the appointment of Marshall, Adams describes him
as "a plain man, very sensible, cautious, guarded and learned
in the law of nations." The mission of the envoys accom-
plished little but the increase of Marshall's reputation. His
dispatches to the French Government, though unavailing, were
most able state papers, and upon his return to America he
was received in Philadelphia with applause. Thomas Jeffer-
son, who was his political enemy, spoke contemptuously of
the envoys in letters written at the time, but was one of those
who called to pay his respects to Marshall when he came back
from France.
22 JOHN MARSHALL
John Marshall now tried once more to settle down at home,
practice his profession, enjoy his books, his friends and his
favorite game and live in peace. But fate willed not so. Mrs.
Burton Harrison tells how Washington summoned him to Mt.
Vernon to urge him to run for Congress. The two friends
argued till far into the night, neither yielding, and parted for
their beds in some heat. Next morning John Marshall rose
early to slip away without seeing his host ; but Washington
was up and out ahead of him, and holding out his hand,
begged forgiveness for his language of the night before. Then,
smiling, asked his guest what he intended to do. "Do?" ex-
claimed John Marshall, as he gripped the general's hand.
"Why, sir, I'm going to Congress !" He took his seat in
December, 1798 — the month in which Washington died.
A lively account of Marshall's election to Congress is given in
George Wythe Munford's quaint book, "The Two Parsons."
A Republican, John Clopton, had been in Congress two years.
Marshall was, of course, the Federalist candidate. Each party
believed that the salvation of the country depended upon the
election of its man. Says Munford : "Sick men were taken
in their beds to the polls. The halt, the lame and the blind
were hunted up and every mode of conveyance was ushered
into service." In accordance with the custom of the day, all
the voters of the county gathered at the courthouse to vote.
The candidates sat side by side on the justice's bench. As
the voters were brought in the sheriff asked each, in turn, for
whom he voted, and the candidate named would express thanks.
All day long the court green, on lower Main Street, was
thronged with those taking part in or watching the fight. The
election was close and therefore the more exciting. In the
late afternoon a count of the votes showed a tie and party
feeling rose to its highest pitch. More diligently, desperately
than ever the country was scoured for votes, but the racers
were kept neck and neck, for no sooner was a vote cast for
Marshall than it was cancelled by one for Clopton.
There were two men of mark, friends of John Marshall,
Parson Blair of the Presbyterian, and Parson Buchanan of
JOHN MARSHALL 23
the Episcopal Church, who had not voted. They believed
that the clergy should take no part in politics and were spend-
ing a quiet day at Parson Blair's. In the extremity at the
courthouse some of the Federalists remembered the parsons,
and jumping in a carriage drove post-haste to the Manse and
succeeded in getting them into the carriage and to the court-
house. As they made their way through the surging, noisy
mob to the polls, a voice called out:
"Here comes two preachers dead shot for Marshall."
Both candidates recognizing them rose from their seats in
respect, and a terrific shout went up from the crowd. The
sheriff put the question to Mr. Blair, who declared himself
for "John Marshall," who replied:
"Your vote is appreciated, Mr. Blair."
Then Mr. Buchanan's vote was asked for. To the astonish-
ment of all present he replied, "For John Clopton."
Mr. Clopton, as much surprised as anybody, said :
"Mr. Buchanan, I shall treasure that vote in my memory.
It will be regarded as a feather in my cap forever."
There were hurrahs for both Marshall and Clopton, and in
the midst of the din the parsons departed — Parson Buchanan
explaining to his companion, "Brother Blair, when I was forced
against my will to go, I simply determined to balance your
vote, and now we shall hear no more complaint of the clergy
interfering with elections."
John Marshall distinguished himself in Congress, as else-
where, and the following year President Adams appointed him
to his cabinet as Secretary of State.
On January 31, 1801, Adams appointed him Chief Justice
of the United States. Mainly, of course, upon the ability and
integrity with which for thirty-four years — until his death —
he discharged the duties of this highest office in the gift of the
President, rests the national fame of John Marshall and the
righteous pride of Virginia in claiming him as her son.
24 JOHNMARSHALL
It is hard for us, citizens of a State which once seceded from
the Union, for us whose entire loyalty to that Union is still
looked upon with suspicion in some quarters, though it is not
in the least doubtful to our own minds, it is hard to realize
that our John Marshall practically made these United States.
But he did, for he took the Constitution for which he had
striven, and during the third part of a century he was Chief
Justice, expounded and interpreted it for the people until it
became not merely an immortal state paper, but a living practi-
cal instrument for a great government to take form and live by.
During these years of gigantic responsibility and intellectual
achievement, his labors were lightened by one of those rare
friendships, or comradeships, which bless those to whom they
are given and strengthen the belief in hum.an nature of those
who witness them. I mean his intimacy with the brilliant
Supreme Court Justice from Massachusetts, Joseph Story.
Would that time permitted liberal quotation from his noble
address on the life and services of John Marshall. I will
only give one picture.
"He seemed," says Judge Story, "the very personification of
Justice itself as he ministered at its altars — in the presence of
the Nation Enter but that hall and you saw him
listening with a quiet, easy dignity to the discussions at the
bar; silent, serious, searching; with a keenness of thought
which sophistry could not mislead, or error confuse, or in-
genuity delude ; with a benignity of aspect which invited the
modest to move on with confidence, with a conscious firmness
of purpose which repressed arrogance and overawed declama-
tion. You heard him pronounce the opinion of the court in a
low, but modulated voice, unfolding in luminous order every
type of argument ; trying its strength and measuring its value,
until you felt yourself in the presence of the very oracle of the
law." Judge Story adds :
"His peculiar triumph was in the exposition of Constitutional
law. It was here that he stood confessedly without a rival.
His proudest epitaph may be written in a single
J O 11 N M A K S H A L L 25
line — 'Here lies the expounder of the Consthtition of the
United States.' "
So much for an outhne, shght and rough, of John Marshall,
public servant. We are gathered today in the house that he
built and made his home. We are here, but he and his invalid
wife, his children, his servants and the friends that came to
visit him intimately here are gone. It is well that we consider,
in this place, John Marshall, the man, and so, if we can,
induce his spirit to come back and inhabit, in some sort, these
sacred old rooms. "Whatever may be his fame in the eyes of
the world," says Judge Story, his highest glory was the purity,
affectionateness, liberality and devotedness of his domestic life.
Home, home, was the scene of his real triumphs !"
The house is characteristic of its creator — sturdy and square
and dignified; impressive in its simple outlines and ample
proportions, well-bred in its sufficient but chaste ornament.
The original entrance was through the porch on the Ninth
Street side. Judge Marshall meant to have a square reception
hall, but through a mistake the plan only provided a narrow-
entry, so the family used the room to the right of this entry
as a hall. The room to the left, with windows on both Ninth
and Marshall Streets, was the drawing-room and the room
adjoining and connecting with it the dining-room. Over the
drawing-room was the bedchamber of Judge and Mrs. Mar-
shall.
The rooms were simply furnished with good mahogany.
Between the drawing-room windows hung a mirror in a gilt
frame with a colored picture in the upper part of it, and
after a while there were family portraits in oils and a "St.
Memin" of John Marshall himself, made some seven years
after he became Chief Justice, and one of his son Thomas. In
the dining-room was a large bookcase filled with works of
general literature. The law-books were, after the custom of
the day, in the office building in the yard. Upstairs were four-
post beds covered with heavy, hand-made counterpaines — the
housewife's pride — and protected from draughts by curtain and
valance. There were a few chairs covered with chintz and a
26 JOHNMARSHALL
rug or two on the dry-rubbed floors and white dimity window
curtains drawn back at each side under a deep valance of the
same material, and beside Mrs. Marshall's bed was a stand on
which stood the light by which her husband read aloud to her.
There was no straining after effect in these rooms, but they
were restful bedchambers and they illustrated the simplicity
that all of the biographers of John Marshall insist upon as his
most striking characteristic. One of the last living persons
to leave testimony concerning him was an aged grocer of his
neighborhood. He said a common saying of parents whose
children craved finery was, "What's good enough for Judge
Marshall is good enough for us."
It is through such bits of tradition that John Marshall ceases
to be a bronze figure and becomes flesh and blood like our-
selves — human. In his queue tide with black ribbon, his volum-
inous stock, his shorts and buckles and cocked hat, he would
seem to us quite a dashing figure. Not so to his familiars,
from whom we have it that though six feet tall and erect, he
was ungainly and loose-jointed and that through his own in-
difference to appearance or indifference of his tailor, his
clothes, though neat, were badly fitted and gave him a care-
less appearance.
Judge Story, writing of John Marshall the year the St.
Memin was made, mentioned his black hair, his small, twink-
ling eyes, his conversation, precise, but "occasionally em-
barrassed by a hesitancy and drawling," his laugh ("I love his
laugh — it is too hearty for an intriguer") and his good temper.
"Meet him in a stage coach as a stranger and travel with him
a whole day," says Judge Story, "and you would only be
struck with his readiness to administer to the accommodation
of others and his anxiety to appropriate least to himself. Be
with him the unknown guest at an inn, and he seemed adjusted
to the very scene ; partaking of the warm welcome of its
comforts, whenever found, and if not found, resigning him-
self without complaint to its meanest arrangement
He had great simplicity and yet with a natural dignity that
suppressed impertinence and silenced rudeness. His simplicity
JOHN MARSHALL
27
had an exquisite naivete which charmed every one, and gave
a sweetness to his famiHar conversation approaching to fasci-
nation."
Bishop Meade says : "It was my privilege more than once
to travel with him between Fauquier and Fredericksburg.
Although myself never much given to dress or
equipage, yet I was not at all ashamed to compare with him.
. . . . , Whether as to clothing, horse, saddle or bridle.
Servant he had none. Federalist he was in his politics, in his
manners and habits he was truly Republican." The good bishop
fervently adds : "Would that all Republicans were like him in
this respect !"
John Marshall's contemporaries evidently forgave him for
not being stylish ; w^e may go further, and thank him for
carrying the virtue of simplicity to an extreme that made it
a fault, and thus saving a sufficiently perfect picture from the
monotony of over-perfection.
There is one little item on record which shows that he was
not always regardless of dress. Writing to his wife a few
days after the inauguration of President John Quincy Adams,
he says : "I administered the oath to the President
in my new suit of domestic manufacture. He, too, was dressed
in the same manner, though his clothes were made at a differ-
ent establishment. The cloth is very fine and smooth."
Judge Marshall's biographers lay great stress on his bringing
his marketing home. It was the custom in Richmond and
other Virginia towns then, and long afterwards, for the master
of the house to go to market, often with basket on arm, and the
picture Judge Marshall made walking home with a turkey
in one hand and basket of vegetables in the other w^as not so
amazing to his neighbors as it seems to us.
Another familiar picture shows him taking a spring morn-
ing stroll, dressed in a plain linen roundabout and shorts, bare-
headed and eating cherries from his hat, which he carried
under his arm. He stopped in the porch of the Eagle Hotel
to chat with the landlord, who afterward recommended him
to a stranger looking for a lawyer, who happened to be present.
28 JOHN MARSHALL
The stranger preferred to employ a venerable looking gen-
tleman in powdered wig and black cloth, but in a case called
before his own his lawyer and John Marshall were on opposite
sides. When the stranger heard their arguments he saw his
mistake and asked Marshall's assistance in his case, though he
only had five dollars left of the hundred he had brought to
town for a lawyer's fee. With characteristic good nature John
Marshall accepted the explanation and the fee.
His unafifected manners were doubtless largely due to his
country breeding. He never lost his love for the country.
Bishop Meade met him riding through Richmond on horse-
back one morning at daybreak with a bag of clover seed
he was carrying to his farm near the city, lying before him.
As long as he lived he made holiday trips to "Oakhill." In
a letter to Judge Peters of Philadelphia just after the trial of
Aaron Burr for treason — the most sensational trial over which
Judge Marshall ever presided — he writes that the day after
the commitment of Burr he "galloped to the mountains."
Among John Marshall's leading traits was tenderness to
women and children. To the children of his neighborhood he
was known as "Grandpa." To his invalid wife he was lover
as long as she lived. One of his contemporaries has left a little
picture of her that slight as it is sticks in the memory — just
a glimpse of "a face, pale and sweet, looking from a quaint
calash bonnet as her big tender husband lifted her into her
carriage."
Judge Story says that John Marshall regarded women as
"the friends, the companions, the equals of men." Speaking
to them "when present as he spoke to them when absent in
language of just appeal to their understandings, their tastes
and their duties."
John Marshall's religious belief has been a subject of con-
troversy. He was a man of pious habits, and though not a
communicant, was a regular attendant of and a liberal contrib-
utor to the Episcopal Church. He was one of the earliest mem-
bers of the Monumental Qiurch, built on the site of the theatre
that was destroyed by fire, and owned a pew there, on the
JOHN MARSHALL 29
middle aisle, near the chancel. It was the custom then to
turn around and kneel in the pew, and Bishop Meade thus
describes the devout manner in which the Chief Justice con-
formed to this custom, both in the neighborhood of "Oakhill"
and in Richmond : "I can never forget how he would pros-
trate his tall form before the rude benches, without backs,
at Cool Spring Meeting House, in the midst of his children
and grandchildren and his old neighbors. * * * At the build-
ing of the Monumental Church he was much incommoded by
the narrowness of the pews, which partook too much of the
modern fashion. Not finding room enough for his whole body
within the pew, he used to take his seat nearest the door of
his pew, and, throwing it open, let his legs stretch a little into
the aisle. This I have seen with my own eyes."
Judge Marshall told his daughter, Mrs. Harvie, near the
end of his life that he had always believed in the Christian
revelation, but not in the divinity of Christ ; but that he had
lately become "convinced of the supreme divinity of the Sa-
viour and had resolved to make a public confession of his
faith." "While waiting improved health to enable him to
go to church for that purpose," said Mrs. Harvie, "he grew
worse and died." In a eulogy of his wife, written Christmas
day, 1832, one year after her death and four years before his
own, he says : "Hers was the religion taught by the Saviour
of men." He told Mrs. Harvie that he always concluded his
prayers on going to bed with those learned at his mother's
knee, the "Lord's Prayer" and "Now I lay me down to sleep."
John Marshall's greatness of heart and breadth of mind
are illustrated by his varied interests. He was president of
the first Virginia Agricultural Society. He believed slavery
to be a great evil, and was president of the Virginia Coloniza-
tion Society, whose object was to send negroes to Africa. In
1773 he was made Grand Master of the Grand Lodge of Vir-
ginia Masons, and in 183 1 was elected first president of the
Virginia Historical Society. If there had been an Association
for the Preservation of Virginia Antiquities in his time, I
have not a doubt he would have been on its advisory board.
30 JOHNMARSHALL
He never made but one adventure in the realm of authorship
— his "Life of Washington," published first in five volumes and
afterward revised and shortened to three. It was a book to
make his enemies rejoice, for though a mass of valuable data
it was put together hastily and without literary art at a time
when his powers were being tremendously taxed by his duties
as Chief Justice. Jefferson, the political enemy of both Wash-
ington and Marshall, was offended by the book's laudation
of Washington, and called it "a five volume libel." Judge Mar-
shall himself said of it: "I have written no book except the
'Life of Washington,' which was executed with so much
precipitation as to require much correction."
John Marshall was one of a delightful circle of friends and
neighbors of old Richmond. Among them were those two
benevolent and lovable figures already mentioned, Parson Blair
and Parson Buchanan. Life in any town would have been
sweeter and more wholesome for the presence of "the two
Parsons." Then there w^ere Hon. William Wirt, Judge Philip
N. Nicholas, Thomas Ritchie, Daniel Call, John Wickham,
Dr. William Foushee, Dr. John Brockenbrough, Thomas
Rutherfoord, Charles Ellis, Major James Gibbon, William
Munford, Dr. Peter Lyons, Colonel John Ambler, Colonel
John Harvie, and other gentlemen of parts, who, with their
families, composed Society with a capital S in Richmond.
These gentlemen and more, to the number of thirty, had a
charming country club, though they did not know it by that
name. They called it the "Barbecue Club." It met on Sat-
urdays, at Buchanan Spring, in a beautiful grove on Parson
Buchanan's farm, back of where the Richmond, Fredericks-
burg and Potomac freight depot now stands. There was always
a dinner, at which julep, punch and toddy were allowed,
though wine was prohibited except on special occasions. After
dinner a match at quoits was played with as much zest as golf
would be today. The human side of John Marshall is seen
to better advantage in this game than anywhere else. Most
of the gentlemen played with handsome brass quoits, kept
polished by the negro servant, Jasper Crouch. Judge Marshall
JOHN MARSHALL 31
had a set of rough iron quoits twice as large as any others,
which few of the club could throw. "Yei," said John Wick-
ham, "it flies from his arm as flew the iron ball at the Grecian
games when thrown by the robust arm of Telemonian Ajax."
Munford's book describes a certain meeting of the club,
when Judge Marshall and Mr. Wickham were appointed to
provide the feast with the aid of Robin Spurlock and Jasper
Crouch. "A better dinner of the substantial of life," says
Mr. Munford, "was never seen." The "dessert" was "a juicy
mutton chop, cooked to a turn, and deviled ham, highly seasoned
with mustard, cayenne pepper, and a slight flavoring of Wor-
cester sauce." Judge Marshall sat at the head of the table
and Mr. Wickham at the foot. "The two parsons," who were
honorary members of the club, were there, and Parson Blair
had answered his invitation with a rhymed eulogy of the club
and its favorite sport. This was read and applauded.
Judge Marshall then announced that "it was known to the
club that two of the members at the last meeting had, con-
trary to the constitution, introduced the subject of politics.
* * * They had been fined a basket of champagne for the benefit
of the club. They had submitted to the imposition like worthy
members, and the champagne was now produced as a warning
to evil-doers. It was so seldom the club indulged in such bever-
ages they had no champagne glasses, and must therefore drink
it in tumblers."
Mr. Wickham begged leave to add, "As nobody objects to
the tumblers, we will drink to the health and happiness of our
two honorary members" (the parsons).
Parson Buchanan responded that "for himself he had no
objection to a little wine for his many infirmities," but he
hoped those who indulged in tumblers at the table would not
prove to be tumblers under the table.
With these and other pleasantries "the table was set in a
roar."
After the feast the quoit-throwers left those who did not
care to play to wear the time away with "jest and story and
song." Judge Marshall challenged Parson Blair to make up
32 JOHN MARSHALL
the game, and each chose four partners. The match was
played with spirit. Judge Marshall's play is thus described:
"With his long arms hanging loosely by his side, a quoit in
each hand, leaning slightly to the right, he carried his right
hand and right foot to the rear; then, as he gave the quoit the
impetus of his full strength, brought his leg up, throwing the
force of the body upon it, struck the meg near the ground,
driving it in at the bottom, so as to incline its head forward,
his quoit being forced back two or three inches by the recoil.
Without changing his position, he shifted the remaining quoit
to his right hand, and fixing the impression of the meg on the
optic nerve by his keen look, again threw, striking his first
quoit and gliding his last directly over the head of the meg.
There arose a shout of exulting merriment."
The first clear picture of John Marshall, as the nineteen-year-
old soldier, shows him playing this game. An entry in the
diary of Thomas Green shows him still playing it — aged seven-
ty-two: "July 28, 1827. Received a note from Mr. Stanard
urging me to accept an invitation to the club. His gig was
sent down and I took John Scott with me. It was a most
agreeable party, but I was sorry to see the 'Old Chief pitch so
feebly. He who two years ago was one of the best of the old
club with the quoit is now very ordinary owing to his increasing
feebleness."
Chester Harding, the artist who painted the full length
portrait of John Marshall in the Boston Athenaeum, has left
an account of a visit to the Quoit Club in 1829, when the Chief
Justice was seventy-four. Says he :
"I watched for the coming of the old Chief. He soon ap-
proached with his coat on his arm and his hat in his hand,
which he was using as a fan. He walked directly up to a large
bowl of mint julep, which had been prepared, and drank off a
tumbler of the liquid, smacking his lips, and then turned to
the company with a cheerful 'How are you, gentlemen?' * * *
The game began with great animation. There were several
ties ; and before long I saw the great Chief Justice of the United
JOHNMARSHALL 33
States down on his knees measuring the contested distance with
a straw, with as much earnestness as if it had been a point
of law ; and if he proved to be in the right, the woods would
ring with his triumphant shout."
This great old man with the heart of youth died in Phila-
delphia July 6, 1835, and was brought home and buried in
Shockoe Hill Cemetery. He had lived eighty years, sixty of
which were spent in active service of his country. I have not
attempted anything so futile as the crowding of eighty such
years into a paper for an afternoon's reading, but only by a
few sketchy pictures to aid your imaginations a little in making,
for yourselves, a likeness of John Marshall.
The benediction was pronounced by the Right Rev. Robert A.
Gibson, and the house was then inspected by the visitors.
34 JOHNMARSHALL
THE HOUSE AND ITS CONTENTS.
In the year 1909 the City of Richmond acquired as a site
for a new High School the block at a corner of which stands
the John Marshall House. Soon afterward plans for securing
custody of this historic home and saving it from destruction
were begun by the Association for the Preservation of Virginia
Antiquities. These plans were brought to a happy conclusion
on July 20, 191 1, when the Mayor of the city approved
"AN ORDINANCE
To provide for the dedication of the John Marshall Residence
at the northivest corner of Ninth and Marshall Streets to
the memory of Chief Justice Marshall, and to provide for
its perpetual preservation by the Association for the
Preservation of Virginia Antiquities.
Be it ordained by the Council of the City of Richmond :
I. That the house owned and occupied by the Honorable
John Marshall while he presided as Chief Justice of the United
States of America, located on the lot of land at the northwest
corner of Marshall and Ninth Streets in the city of Richmond,
Virginia, be and the same is hereby dedicated to the memory
of its distinguished owner, and the same shall be so preserved
as a memorial of his unsurpassed service to his State and to the
Nation as soldier, statesman and jurist, and to that end, the
City School Board of the city of Richmond, who now have
under their care and custody the said building, be, and they
are hereby requested and directed to turn over to the Asso-
ciation for the Preservation of Virginia Antiquities, a corpora-
tion created under an Act of the General Assembly of Virginia
JOHN MARSHALL 35
approved March 3. 1892, entitled, 'An Act incorporating the
Association for the Preservation of Virginia Antiquities/ (Acts
1891-1892, pp. 103-105), the said building, together with free
and unobstructed access to and from the said building by the
said Association, its officers and agents, and other persons who
may be authorized by the said Association to have access to
and from said building, the same to be held in trust by the
said Association for the sole purpose aforesaid and not to be
liable to the debts or contracts of said Association, but the
said Association shall not be entitled to the possession or
occupancy of said building until they have, in writing, duly
authorized in the mode prescribed by law, satisfactory to the
City Attorney of the city of Richmond, executed and filed
with the City Clerk an acceptance of the dedication hereby
authorized and shall, in said writing, have agreed to assume
the sacred duty of perpetually caring for and maintaining the
said house in good repair, in which acceptance it shall also
be provided that upon the dissolution of the said Association
for any cause whatsoever, or, upon its ceasing to be a corpora-
tion under the laws of the State of Virginia, or upon its failure
properly to maintain and care for the said house, the custody
and care of the same shall ipso facto revert to the city of
Richmond.
2. This ordinance shall be in force from its passage."
The John Marshall House with or without a "collection"
makes a strong appeal to the eye and interest.
It is the expression of a great man's idea of a home and
was his home for forty-six years, from its completion to his
death, when it passed to his descendants, who owned it until
it was bought by the city of Richmond. The quiet dignity of
its exterior and the beauty of its interior ; its charming mantels,
cornices, stairway and doors (with their fluted frames, arches
and fan-lights and great brass locks) do credit to the taste of
the time and place, as well as to the builder himself.
The house is, indeed, its own chief attraction, but in the
few months during which the Committee, with the untiring
36 JOHNMARSHALL
aid of the President of the Association has been at work, a
good beginning of what promises to be a valuable collection
has been made.
Reception Hall.
In Case Number i :
Silver knee-buckles worn by Judge Marshall, Loaned by
his great-granddaughter, Miss Nannie Norton.
Mrs. Marshall's hair-bracelet and charm containing her
husband's hair. Loaned by their great-granddaughter, Miss
Agnes Marshall Taliaferro Maupin.
Piece of blue brocade dress of Mrs. Mary Keith Marshall,
the mother of the Chief Justice. Presented by Miss Bessie P.
Johnson, a descendant.
Autograph letter of Judge Marshall to his son Thomas.
Presented by his great-granddaughter. Miss Lizzie Archer.
Autograph letter of Judge Alarshall to his nephew, Thomas
G. Marshall. Loaned by Mrs. E. A. Robinson.
Judge Marshall's cribbage-board. Loaned by S. F. Chenery.
Judge Marshall's tortoise-shell spectacles. Loaned by his
great-granddaughter, Mrs. Harry Lee.
Manuscript book containing notes made by Judge Marshall
when a law student at William and Mary College and accounts
when he was practicing law in Richmond. Loaned by his
great-granddaughter, Mrs. John K. Mason.
Bed-curtain and valance used in one of rooms in John
Marshall House during Judge Marshall's lifetime. Presented
by his granddaughter. Miss Lizzie Marshall.
Judge Marshall's carpet-bag. Loaned by his granddaughter,.
Mrs. Elliot M. Braxton.
Damask table cloth bought by Judge Marshall in Paris.
Loaned by his grandcaughter, Mrs. Elliot M. Braxton.
In Case Number 2 :
Judge Marshall's black satin robe of office as Chief Justice
of the United States. Loaned by his granddaughter. Miss
Anne L. Harvie.
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JOHNMARSHALL 37
In Case Number 3 (mahogany secretary of the period) :
"Dodsley Poems. A collection of poems in six volumes by
several hands." London, 1775.
One volume, with autograph, presented by Judge Marshall's
great-granddaughter, Mrs. Alexander Sands.
Wood's Bible Dictionary. New York, 1813. Presented by
a great-granddaughter. Miss A. M. Braxton.
"Danver's Abridgement." London, 1725. Loaned by a
great-great-grandson, Richard Henry Lee IV.
"British Poets." Fifty volumes. Philadelphia, 1819. Two
volumes presented by a great-granddaughter. Miss Mary
Morris Ambler.
"Graeca Majora." Boston, 183 1. Presented by a great-
granddaughter. Miss Maria Newton Marshall.
"Juvenal's Satires." Philadelphia, 1814 (with autograph).
Presented by same.
"The Evidences of Christianity." Daniel Wilson, A. M.
Boston, 1830. With autograph. Presented by same.
Bonnycastle's Geometry. Philadelphia, 1827. Presented by
same.
All of the above mentioned books were in Judge Marshall's
library. The case also contains volumes I and II of "Marshall's
Life of Washington," presented by Mr. Fielding Lewis Mar-
shall, and the collected and bound addresses delivered in various
cities of the United States on "Marshall Day," 190T, presented
by Mr. Howard R. Bayne. Also a photograph of Leeds
Church, Fauquier county, which many of the Marshalls and
Amblers attended. Presented by Miss Anna M. Braxton,
great-granddaughter of Judge Marshall.
On small stand:
Mahogany writing desk of John Brown, used while Secretary
of Legation under Judge Marshall when he was Minister to
France. Loaned by Mr, L. T. Christian.
On mantel-piece :
Hand-painted glass candle-shade. Loaned by Judge Mar-
shall's great-granddaughter, Mrs. John K. Mason.
38 JOHN MARSHALL
On wall :
Photograph of "Liberty Bell" which cracked while being
tolled for Judge Marshall's funeral. Presented by Mr. Joseph
Leidy.
Photograph from portrait of Judge Marshall. Presented by
Mrs. Sally Nelson Robins.
"Indian Crown," a silver ornament given by the English
Government to the Queen of Pamunkey, in 1677, as an acknow-
ledgment of the superiority of her tribe over other Indians in
Virginia. It remained in possession of the Pamunkey Indians
until a short time before the Civil War, when it was given by
them to a gentleman who had befriended them, from whose
estate it was purchased by the Association for the Preservation
of Virginia Antiquities. An exceedingly valuable and unique
relic.
In ante-room :
Invalid chair of Benjamin Harrison, signer of the Declara-
tion. Bequeathed to the Association for the Preservation of
Virginia Antiquities by Dr. James B. McCaw.
In the rear hall :
Engraving of Judge Marshall. Presented by Mrs. John A.
Coke.
Photograph of Marshall statue in Washington. Presented
by Clinedinst.
In drawing-room :
Eighteenth century furniture, purchased by the Association
for the Preservation of Virginia Antiquities, including two
original "John Marshall" chairs.
One eighteenth century chair. Presented by Miss Frances
B. Scott.
Facsimile of portrait of Judge Marshall by St. Memin. Pur-
chased by Association for the Preservation of Virginia An-
tiquities. (Very beautiful.)
Photograph of "St. Memin" of Thomas Marshall, eldest son
of Judge Marshall. Presented by Mrs. Nelly Marshall Talia-
ferro.
JOHNMARSHALL 39
Silhouette from "St. Memin" of Thomas Marshall. Pre-
sented by Miss Maria Marshall.
Oil portrait of Washington, by John Elder, after minature
by Peale. Presented by Mrs. Charles B. Ball.
Photograph of portrait of Judge Marshall's sister, Mrs.
Colston. Presented by Mrs. Sally Nelson Robins.
In dining-room :
Eighteenth century furniture purchased by the Association
for the Preservation of \'iirginia Antiquities, with a gift in
memory of Mrs. Joseph Bryan.
Engraving from Inman portrait of Judge Marshall. Pre-
sented by Mrs. James Lyons.
Photograph of "Oakhill" — Marshall home in Fauquier
county. Presented by Homier and Clark.
In china-press :
China owned by Judge Marshall and used in this house.
Presented by his granddaughters. Misses Anne and Emily
Harvie, as follows : One large, blue Canton platter. One tureen,
four cups and saucers, one chocolate pot, one pitcher, one egg-
cup, one gravy stand, two dishes of quaint design — all from
same set, with decoration of small flowers. One cake-stand,
one fruit-basket of white and gold.
One plate from set owned by Washington. Presented by
Miss Nannie Randolph Heth.
One Chinese punch bowl owned by Patrick Henry. Loaned
by the Virginia Historical Society.
In bed-chamber of Judge and Mrs. Marshall :
Eighteenth century furniture, purchased by Association for
the Preservation of Virginia Antiquities.
Candle-stand which held the light by which Judge Marshall
read to his invalid wife. Presented by his granddaughters,
Misses Anne and Emily Harvie.
One chair owned by Judge Marshall. Presented by his
great-grandson, Mr. John N. Marshall.
p D - 1 1.5.
THE ASSOCIATION FOR THE PRESERVATION
OF VIRGINIA ANTIQUITIES was organized in
1888 to "acquire, restore and preserve the ancient his-
torical buildings and tombs in Virginia."
It is supported mainly by the dues of its annual
members, who come not only from Virginia, but from
all parts of the country.
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