i-ii woo ]& m Class £__'bJ)_.^_ Book I ( o . 'copyright iN^i^^ -f- 1 /5'^ CDRflBIGHT UEPOSm JOHN MARSHALL CONSTITUTIONALIST A DRAMA IN FIVE ACTS BY ^x-'^^' EDWARD jr WHITE Copyright, 1921, by Edward J. White. All Rights Reserved. 'CI,D 5fifi!)l> ,{.' Oi i TO . HON. ALBERT J. BEVERIDGB, whose excellent biography of John Marshall inspired this drama, it is respectfully in- scribed, with grateful acknowledgment. PROLOGUE; Spirit of America. In Ancient Rome, two thousand years ago, A race of men existed who would not brool< a tyrant in their midst; Of noble mold, their lives were consecrate to Liberty and Law; Their love for Justice was a dominating force. And their Republic was the admiration of the world. Such men were Brutus, Cato, the elder Antony, Scaevola, Fabius, And a host of others who, with the unnoticed thousands of con- temporaries, unknown to history. Built up the grandeur that was Rome. The world saw not their like again Until the stirring period of our Revolution, When the Great Arbiter of the destinies of men. For the common good of man. In the Spirit of America, again brought forth a noble race. Like unto the sturdy Romans of the past. They were born, like giants, 'mid the vortex of our Revolution, These authors of our immortal Constitution. The trumpet sound of "Liberty or death" was then the vibrant impetus of manhood. From the rough resources of a wilderness, These patriots built and hedged around by law The mighty edifice to Liberty, The Nation formed by union of the States. A lasting monument to Freedom, Our own United States! The grateful Soul of America Should ever then respond, with reverence, For these patriots, whose nerve And wisdom serve us still; And the names of Washington and his illustrious generals. And of Marshall. Otis, Adams. Franklin, Henry, Jefferson, and The long list of other patriots, who founded our Republic, Should never be forgotten So long as Freedom and Justice are cherished on the earth! John Marshall followed Washington as a soldier of the Revolution; His dramatic struggle, in the formative period of our Government, For our Constitution, With his later, Titantic labor, Against the stupendous opposition of the States, To establish, upon a granitelike foundation, our fundamental law, Is a heritage, along with the blessings of a Beneficent Government by Law, emanating from the people, That posterity should revere So long as our free institutions shall endure And Liberty and Union are preserved in this fair land! ACT I. The Revolution. Scene I. THE CULPEPPER MINUTE MEN. (A body of 100 young frontiersmen, in Culpepper County, Va., gathered on a common, in May, 1775, to organize a military com- pany. The man who had called the meeting and who was to or- ganize them failed to appear, so it became necessary to select a leader.) Young Farmer : Boys, our captain has not arrived ; anyway, we must have a lieutenant. Who shall it bef (Enter John Marshall.) A VOICE : I say John Marshall. Another: I say so, too. Young Farmer: So say you all! Chorus of voices: Yes, we want John Marshall. Young Farmer: Marshall, will you be our lieuten- ant? John Marshall : I will act until you can find a bet- ter man. All: Hurrah, hurrah! Speech! John Marshall: My friends, all Virginians have read or been told of Patrick Henry's appeals to his countrymen, in the name of Freedom. As temperate and law-abiding a citizen as Col. Washington has as- sured us that "No man should scruple or hesitate a moment to use arms". These words have been car- ried over the countryside; your presence from the iiioiiiitaiii cabins and I'orost clearings, and the <;rim determination on your faces, show that you will make Henry's flaming words good with \'our lives if need be! I am glad tliat the news of C'oncord and Lexington has found us ready to meet the issue. My father has already enlisted and, for two years, has given me military instruction and practice. I come, my comrades, to meet you as fellow-soldiers who are likely to l)e called on to defend their country. Your own rights and liberties are at stake. Your brothers in New I']ngland have fought and beaten the British. We can do it, too! Now is the time to brighten our fire-arms and learn to use them in the field. Let our motto be "Liberty or death", and each one of our wilderness company should have his sweetheart, wife or mother work these words in white letters on the breast of his hunting shirt. Are you ready? (Applause.) Medley of voices: Yes, we are! Give us T^i])ei'ty or give us death! Marshall : Now, fall into line and I will give you some practice. (Shows them how to form line, and, taking position in front, and, bringing his own gun to his shoulder, instructs them in the manual of arms.) Marshall: Now watch me while I give the com- mands and go through the movements. (He then gives the commands slowly and distinctly, and illustrates the movements with his own rifle, so each man understood the orders and how to execute thoni. He then puts the company through the drill ) ACT I. . Scene II. NEAR IRON HILL, PA„ SEPTEMBER 9, 1777. (Washington's camp near Iron Hill, Pa. Seated around a small table, on casks, boxes and benches are Gen. Washington, Gen. Wayne, Gen. Maxwell, Gen. Lafayette, Gen. Green, Gen. Sul- livan, Col. Thomas Marshall. Capt. John Maishall standing.) Gen. Wayne: How can our liberty be achieved ex- cept by an army equipped, supplied and directed by a competent central government? We have seen our officers and men driven to madness and despair by the pusillanimous weakness of Congress. Our soldiers see their wounds and sufferings come to naught under the cursed sham, mockery and shallowness of State provincialism, which, under the doctrine of so-called "State sovereignty'', has been set up in the place of our National Government. I wish these Congressmen and Governors could be mustered into service. Gen. Washington : I have informed the committee of Congress that no army was ever worse supplied than ours; that our soldiers, the greater part of last campaign and the vrliole of this, have scarcely tasted any kind of vegetables and that we have been without salt and vinegar. I told them that soap was in great demand, and that a soldier's pay was so meager he could not purchase it, by reason of which his conse- quent dirtiness, added to the many putrid diseases incident to the army, and the lamentable mortality. It looks as if we could only depend upon the iiidom- inatable ''Spirit of America". Gen, Wayne: I have ordered olicers, as well as privates, to be instantly shot if thev are so far lost to all sliamt' as basely to (iiiit their posts without ordors, or shall skulk from danger or offer to retreat, before orders. Gen. Washington : Our men are bein«: most soivly tried and we must proceed with moderation, but of course, discipline must be maintained. Gen. Maxwell: One reason for the chaotic state of the army is the lack of trained officers and the ignor- ance of the soldiers in the simplest elements of drill oi- discipline. ]\lan>- oT the connnissioned officers know little more than the men, and we have no central authority. But what could you expect under the dis- organizing effect oi" local control and the inability to secure compulsory sendee, which the pompous author- ities of the new bom "sovereign and independent States" deny to the National Government. Gen. Lafayette : But the spirit of the men, for the most part, is wonderful and makes up for their lack of training. Baron von Steuben and my o'hcers are rapidly remedying the lack of training by instructing both privates and officers in the manual. Col. Marshall: I will wager my Virginia regiment of minute men are equal to four times their number of British, illfed and badly neglected as they are. Gen. Washington: (Looking at map) Howe is rapidly advancing and is among his friends in Penn- sylvania. T think it is essential to make an impres- sion on disaifected Philadel])hia, and we must march through this city on our way to confront the enemy. They think we are but small in numbers and wretched in equipment. A parade of eleven thousand men through this Tory-infested metropolis ought to give some heart to patriotic sympathizers and encourage Congress. Our troops should make the best appear- ance possible. Have the men all scour up their arms and wear sprigs of green in their headgear. In your orders for the march through the seat of Government, provide that, if any soldier shall dare to quit the ranks, he shall receive punishment at the first halting place. And not a woman is to be seen with the troops on their march through the city. In the meatime, we must harass the enemy as much as possible. (Studies map). Cornwallis' men should reach the vicinity of Iron Hill tomorrow. What are your suggestions, Gen- eral Wayne? Gen. Wayne: I would let General Maxwell select eight or nine picked officers and sergeants and a hun- dred rank and file from each brigade and throw them forward to Iron Hill. Gen. Washington : General Maxwell, select your officers for this adventure from this list (hands roll of officers to Gen. Maxwell). Gen. Maxwell: Colonel Marshall, I would like to have your son, Captain John Marshall, among this picked list of officers. (JoL. Marshall : I am sure he will be proud to serve under your command. Capt. Marshall: I am honored in the opportimity to do so. Gen. Washington : Let this body of select, light infantry be posted, during the night, on the road along which the British column will advance, and annoy the enemy and retard his progress as much as possible. (Looks at map.) It is iiiipossihlc to loiii^ci i)i(»t('('t l'lilla(U'li)liia williout a \ictoiy. (loiieial Howe is approaching in two cohinms. His left is now encamped at New Gar- den, while Lord Cornwallis, with the right, occupies the ground at ^lockessen meeting house. When these armies unite tomorrow, they will be but seven miles away. We must take our stand upon the Brandywine. Being easily forded, it is not an etfective barrier in a general engagement, but we must now hazard the issue or lose the capital to the enemy. (Enter an officer, who salutes and delivers a message to Geu. Washington, who reads it.) Gen. Washington : Colonel Bland of the cavalry gives information that, at two o'clock, the eolunui which is led by Lord Cornwallis, accompanied by Sir William Howe, in person, after a circuit of about sev- enteen miles, to mislead us, effected a juncture with the other forces and are now advancing in great force to make a formidable attack. A\'e must receive them, inferior in numbers and ill-equipped as we are. Gen- eral Sullivan, you and Gen. Stirling will advance this evening, up the Brand\^vine and front the column of the enemy now marching down the rivci'. The division commanded by General Wayne will remain at (^hadd's Ford, to keep Knyphausen in check. Gen- eral Maxwell's light infantry will cross Chadd's Ford and delay as long as possible the approach by occu- pation of the hills to the right of the stream along the road to Chadd's F'ord. General Green's division, with which T will remain, will take the central posi- tion in reserve between the right and left wings. T know thai you will all exhibit such a degree of order, Hrnmess and resolution as will preserve the discipline and bravery of your men. May success crown your efforts is my prayer. They have eighteen thousand men, and we have eleven thousand, but we will meet them all at the Brandywine on September 11th, and I have no doubt you and your men will give a good account of yourselves. ACT I. Scene III. BRANDYWINE, SEPTEMBER 11TH, 1777. (Gen. Wayne, Gen. Maxwell, Capt. John Marshall, and several minor officers and men before Chadd's Ford. Fighting in the distance.) Gen. Wayne: Captain Marshall, I am told you gave a good account of yourself at Iron Hill and in the skirmish with the enemy this morning. Capt. Marshall : We held them as long as wo could without needless sacrifice of men. Gen. Maxwell: Captain Marshall always gives a good account of himself. At Iron Hill, we were forced to retreat after losing forty killed and wounded, but we left many of the enemy on the Hill. Captain Mar- shall's men this morning killed a British captain, with thirty privates, and drove them out of the wood and took a field piece. (Exit Gen. Maxwell.) Capt. Maeshall: But large numbers of the enemy forced us to cross the river. General Wayne, my father's regiment is holding the advanced position, with General Sullivan at the right. With your per- mission, I would like to join him. Our Virginians will not be stampeded. Gf.x. AVayne: You may join your father. (Salutes. Exit Capt. Marshall.) (Enter Gen. Washington, in haste.) Gen. Washington: Cornwallis' men are battering the right wing. Many of Sullivan's men were stam- peded, but we turned them back. Colonel Marshall and his Virginia minute men held their ground. (Enter Col. Marshall, in haste.) (Salutes.) CoL. Marshall: My son is temporarily holding my command. My regiment retained its position with- out losing an inch of ground until both its flanks were turned. Its ammunition is now nearly expended, and one-half our officers and a third of our soldiers have been killed or wounded. I have lost two mounts. There is no panic in my command, but General Sul- livan agrees with me that we should now retreat. My men will do so orderly. Gen. Washington : By all means, do so. I congrat- ulate you and j^our superb Virginia command on your splendid day's work. (Salutes. Exit Col. Marshall.) (Enter an orderly, who confers with Gen. W^ayne.) Gen. Wayne: General Knjrphausen is now prepar- ing for an assault in dense masses to force a crossing at Chadd's Ford, and 1 will go to my command. Gen. Washington : Do not sacrifice your men. When General Sullivan's right wing retires, fall back as orderly as possible and inflict all the punishment you can. (Salutes. Exit Gen. Wayne.) (Enter Capt. Marshall. Salutes Gen. Washington.) Capt. Marshall: General, the right wing has retired in good order. We were out of ammunition. 11 (Ien. WASHiN(iT()N : You aiul yoiii- valliaiit father are entitled to my own and the histing gratitude of your countrymen. If all our officers and men were so well trained and possessed of your undaunted spirit, we would drive the British from our shores in a short time. Capt. Marshall: I suppose it is but natural in newly raised armies, from which undeserving officers have not been expelled, and where they are unused to danger, to find conduct that is not altogether uniform. Our regiments that have served in the preceeding campaigns maintained their ground with the firmness and intrepidity of veterans. With 3'our permission, I will now assume my command with Creneral Wayne. Gen. Washington : Do so, and tell him to protect his men, and fall back as soon as he sees the crossing of Chadd's Ford is inevitable. (Exit Capt. Marshall.) (Enter two officers bearing Gen. Lafayette.) Gen. WASHiN(iToN : My dear Marcjuis, I hope you are not sei'iously wounded. Gen. Lafayette : It was what a soldier may expect. It is a bagatelle. My men fought bravely. I hate to leave my command with only a broken leg, when so many brave comrades have given their lives. Gen. Washington : There will be another day, my dear General, and neither America nor France can afford to lose Lafayette (addressing officers). See that he gets surgical attention at once. I will be with you, to learn the extent of your injuries, as soon as possible. (Exit officers with Lafayette.) (Enter Gen. Wayne.) ^ 12 Gex. Wavni;: Well, my mcMi held the ford as long as they could, th"u retired. As provisioned by the State, many of theii- muskets were scarcely fit for service; they were of unequal caliber, and the cart- ridges of one would not fit another gun, and their fire could not do the execution that the enemy did. Think of an army, so })rovisioned, put in the field against a well-fed, well-paid and elliciently armed enemy! It is madness ! Gen. Washincton : It is a very dear lesson Con- gress is learning, and was to have been expected. Per- haps they will pay more attention to my pleading in the future. (Orderly hands Oen. Wayne a list.) (iKN. W'anxk: It is estimated the Britisli liaxc lost six hundred in killed and wounded, and if we had bei n properly pro^^sioned and armed, we could have driven them back. As it is, we liave ])robably lost a thousand men in killed and wounded and eleven i)ieces of ar- tillery. 1 would like to tell our Congress that they can never attain liberty by talk alone. Gen. Washington : We must wait and hope for a change in their policy and now fall back to Chester. An all-wise Providence mav stop the British if Con- gress, dominated by the weakness of the States, will not let us. They cannot advance through the mud and rain. General Wayne, we must save Philadelphia. Your men, with General Maxwell, will be detailed to retard their progress. General Smallwood will rein- force you. I know your men are tired and need rest. Beware of surprises Gen. Wayne: If all mv men were lilce General Max- well and Captain Marshall. T could hold them. 13 Gen. WA.sHiN(iToN : AA'e will try to seciiiT arms and ammunition, and engage them with a rested army at Gemiantown, and God grant that with this exi^crience the next engagenunt may jirove more successful than this has. (Exit Gen. Wayne.) Gi:n. Washington: (Praying) "God, grant to us strength and wisdom to meet the trials of this hour. Help us to save our Nation's Capital from the enemy and revive the drooping Spirit of America, and gi\'e its representatives vision to see that a nation cannot be defended against a permanent, well-supplied army by a voluntary, temporary force that is not properly fed or armed. Give to my brave, famished patriots strength and fortitude to protect their country from its foes, and grant us that the independence of Amer- ica shall not perish in its cradle." ACT I. Scene IV. VALLEY FORGE, DECEMBER 23, 1777. (A party of ten or twelve half-clad, cold and shivering soldiers before a hut. A camp fire burning near them.) FiEST SoLDiEK : I wish the well-fed American guests of Philadelphia, w^ho are banqueting and fawning over Howe's men, had to spend a few nights in our huts, without food, clothes or blankets. Second Soldier: Our last rations were consumed December second, and the *' fire-cake" is becoming very scarce. Our men are freezing and starving to death. With Americans here in this pitiful condition, Avhilc fight iiig- for t.luir country, think of the treachery tlirough which the cattle, sent to ns, were driven to over-supplied Phihidelphia, while our famishing patri- ots are left to die. (Enter Capt. John Marshall.) I say a people represented by such a Congress don 't deserve an arnn- to light for their liberties. If it were not for my love for (jeiicral Washington, 1 would say we ought to all go home and let these States' rights statesmen be made slaves and vassals of old King George. Capt. Matjshaij. : My comrades, we have not been given the proper backing by Congress, but all our rep- resentatives are not to blame. Our Government now is in but an experimental stage. Of course, we s.c that, to defend and protect the States, there must be a competent, central National Government, for, oth- erwise, there can be no uniformity of action. The trouble about the State sovereignty theory is that, when concerted action is necessary, they cannot agree, and when we need an army, all equally armed and provisioned, we find our troops armed with different kinds of guns and ammunition, or none at all, and we are forced to fight an enemy, armed, provisioned and garrisoned by one central authority, without conflict- ing methods. But we must not lose heart. We are fighting foi- ourselves and our loved ones, and thousands of loyal, liberty-loving Americans who will, in time, bring us succor. FiKST Soldier: What you say is right, ''Silver- heels", but, if we all stai've or freeze while thev are 15 debating over the rights of the States, liow can we save them! Self-preservation, to us, is a higher law than "States' rights". Third Soldier: Yes, I had rather be killed in bat- tle outright, than left to starve or freeze through the neglect of my countrymen. But why discuss it! We must be philosophers and stoics even if Congress will not help us. "Silverheels", tell us of your first en- gagement. Capt. Marshall: My first battle was that of Great Bridge, otherwise known as "Little Bunker Hill", the first fight of the Revolution in Virginia. The Cul- pepper minute men were mustered out September 1st, 1775, in Major Clayton's old field, near the County seat. Patrick Henry sent an express, tilling of tho thereatening preparations of Governor Dunmore, a hundred miles to the south. We marched immedi- ately, and, in a few days, we were in Williamsburg. Our dress was that of the backwoodsmen and we were armed only with tlie weapons of the frontier. Our hair was mostly long and fell behind and was untied and unqueued. The people at first seemed afraid of us, but we demeaned ourselves as patriots and gentle- men, and they soon treated us with respect and kind- ness. Governor Dunmore and the Loyalists awaited our coming in a fort located in the Dismal Swamps^ accessible on either side by a long causeway. We made our camp within gunshot of this post in the mud and mire, at the south end of the causeway, and thrcAv up breastworks across it b^iween us and the fort. As we had no cannon, we could not attack the fort, so had to resort to strategy to force the Loyalists to attack. Mv father. Colonel Marshall, finallv resorted ^16 to a ruse U) i^i'l llk'iu to make an assault. He got his orderly to pretend lo desert and mislead the Governor as to the numbers opposing him. He went to the enemy and tokl them there were not more than three hundred of the insurgents. The Governor ordered the Loyalists to charge and take the Virginians, "or die in tlie att('mi)t". Thoy did not take us. Between day- break and sunrise, Oajitain Fordyce, leading his gren- adiers, six abreast, swept along the causeway toward our breastworks. 'I'he shots of the sentinels aroused the camp, and the ])iavest rushed to the works, fii'ing at will. The gallant Fordyce fell dead within a few steps of our breastworks. Every grenadier was killed or wounded wliile the Virginians did not lose a single man. Among the slain were four of the King's officers. This was the battle of Great Bridge, other- wise called "The Little Bunker Hill". Se(^oni) Soldier : You were with General AVa^me at Brandywine and Germantown, weren't you? Capt. Marshatj. : Yes. Well, we must be doing something or we'll freeze. Let's have a race or a game of quoits. First Soldier: All the best runners in the regiment have seen your pace, "Silverheels", but let us try the quoits. Capt. Marshall: I'll take nouglieity, Ko])]) and Smith. First Soldikr: And I'll take Slim and Fuzz and Shortie. Capt. Marshall: Where are the horse-shoes? Second Soldier: (Getting them) Here thev are. (Sides so selected take their positions around either peg, set eighteen or twenty feet apart, and commence to throw quoits, while soldiers gather to watch the game.) 17 ACT II. Courtship and Marriage. Scene I. YORKTOWN, 1780. (Home of Jacqueline Ambler, next door to headquarters of Col. Thomas Marshall. In small, scantily furnished room, Rebecca Ambler, an invalid, with her daughters Eliza, Nancy and Mary [14], are sewing.) Nancy Amblek : Mother, tell us of Mr. Jefferson's courtship f Eliza Ambler: Yes, please do. Maey Ambler: (Looking- up from her sewing-) Just think! How nearly the author of the Declaration of Independence came to being our father! "When, in the course of human events," did he offer to pledge to you, mother, his life, his fortune and his sacred honor? Rebecca Ambler : It is now but a pleasant recol- lection of twenty years ago. He was an ardent and faithful admirer, and I liked him very much. Mr. Jefferson was the son of Jane Randolph, who had married his father, Peter Jefferson, a planter. They lived near Charlottesville, Albemarle County, Vir- ginia. He had been taught Latin, Greek, French and mathematics by a private tutor, and, at sixteen, he entered William and Mary College. As a boy, he was tall, freckled and had red hair and hazel eyes. In Williamsburg:, he soon became one of the leaders in all social functions, and frequently took me to the balls given in the Apollo Room of the Raleigh Tav- ^18 cm. During liis first year in college, he seemed car- ried away with the gay, social life, hut, after a year or so, he became a most diligent student, and entered the law office of George Wythe as a student of law. He was smart, well-educated, and had an attractive personality. He danced well, played the violin and wrote pretty verses to me. I was the "('am])ana in die," "Belinda," "Adnileb" and the " H. II" of his letters. During the years '(il, '(52 and 'G.'>, he was quite devoted to me. He frequently otTered his liaiid in marriage, hut I did not love him and preferred yonr father. That, in short, is the story. Nancy Ambler: Well, with his exclusive States* rights views, I think yon did right. Eltza Ameij^k: No one, of course, can question iiis love of country, but T ]:)refer men who will fight for their country. Mary Amrler : Yes, I want a man who is ncit afraid to fight, and, if need be, die for his country ! Rebecca Ambler: You are rather young, my dear, to be thinking of the kind of man you want. Mary Ambler: Well, I'll know him when 1 see him, anyway. Eliza Ambler: 1 understand Captain John Mar- shall, of the Eleventh Virginia Kegiment of tlie line, has joined his father's headquarters. Nanci^ Ambler: The}^ say he is a very gallant of- ficer and disting-uished himself by valiant service at Brandymne and Germantown, Valley Forge and Mon- mouth. Eltza Ambler: Everybody speaks of him as a very paragon of manly virtues. I have seen his letters to his mother and brothers, full of filial affection. The eldest of fifteen children, he was devoted to his 19 younger brothers and sisters and they idoUzed him. But they say, however, he is an ungainly dresser, is slovenly and unkempt and has no pride at all about his appearance. Of course, I am anxious to meet him, and hope he goes to the ball. Mary Amblee : "They say" has no right to criti- cise such hero over things so trivial. You are giv- ing yourselves useless trouble. I have made up my mind to go to the ball, and will set my cap for him and ecUpse you all. Rebecca Ambler: That is a strange remark for a diffident, bashful girl of fourteen, Mary. You have not even been to dancing school and won't know. how to act at this fashionable ball. Mary Ambt.er : I know how to dance, just the same, and I am going to this ball and meet Captain John Marshall of the Eleventh Virginia Regiment of the line. ACT II. Scene IT. BALL AT YORKTOWN AND MEETING WITH MARY AMBLER. (Interior of ball room, where gaily dressed women and their military escorts are dancing the minuet. Mary Ambler and her sister Nancy are standing to one side, looking toward Capt. John Marshall, thin to gauntness, his ill-fitting garments hanging about him loosely, and he is timid to the point of embarrassment.) Nancy Ambler : There is your hero, Mary, now make your threat good. (Dance closes.) Eliza Ambler: (Approaching with Major Dick) Mary, did you meet your Adonis? Isn't he a specta- cle? I have lost all desire to become agreeable in his oyos siTU'c T Ih'Iu'UI his awkward figure, unpolished iiiaimers and total neglect of person. He is the talk of the ballroom. Maey Ambt.er: He has a wonderful eye; his dress doesn't matter, and I like him very mucli. (An officer approaches with Capt. Marshall, who intro- duces him to the three young ladies; the elder two ex- press chilly grei'tings, and then depart. Marshall shakes hands with Major Dick, who also leaves.) (Vi^\ Marsh.ali. : ^'(mr sisters, like their distiu- gTiished mother, are very popular and seem at home in a ballroom. Do you dance? Mary Amhlkr: I never have been to a ball before, but I will dance with you. I came here to meet you. (Music starts.) Capt. Marshall: Shall we try this dance:' You will find me an awkward partner. Mary Ambler: I came here to dance with you. (After two or three unsuccessful efforts to dance, they stop, amid confusion, to the merriment of the elder sis- ters.) Mary Ambler: Do tell me of (lermantowii. Capt. Marshai.l: After Brandy wine, the British occupied the Capital. Congress, frightened antl crest- fallen, fled to York. Even before these States' rights statesmen were driven from their cozy quarters, they concluded that the pi'ospect was gloomy and fore- boding. They wanted (Jeneral Washington to strike, regardless of the fact that he was without ammuni- tion, guns or su])plies. By some miracle, our dear Commander procured ])rovisions, and we got our munitions in serviceable condition for a surprise at- tack on GermantoMm. General Washington planned the attack admirablv. as the British liave since ad- 21 mitted. In the eveiiiii.i'' of a chill October day. (rcii- eral Washington gave the order to advance. Through- out the night we marched, and the three divisions at- tacked almost simultaneously in the early morning. I was with the left wing, under General Woodford, General Wayne being in command. All went well at first and we drove the British right from the ground, and charged, when they retreated, with loud cheers. A small detachment of the enemy, however, got pos- session of the Chew House and poured such a mur- derous hail of lead into our ranks, we had to fall back. I saw my comrades fall in heaps around me, while we vainly strove to take this well-defended stone house of the old Tory Judge. A thick fog arose and we could oidy see dim objects before us. The smoke from burning stacks of hay made the dark- ness thicker and our fir-e was directed by the flashes of' the enemy's guns. With tlie rattle of the mus- kets and roar of cannon, our boys kept up the cheer- ing, until retreat, which we had now learned so well how to do, became inevitable. The>' followed us about nine miles, but we finally stopped their pur- suit. After this, Congress madly urged General Washington to storm Philadelphia, but his good sense and aifection for his men led him to go into winter quarters, until he could procure provisions and sup- plies. Mary Ambler: Can't you have tea with me to-mor- row at six? I know mother would love to have you. Capt. Marshall: I will be delighted to meet your mother. I saw Major Dick talking to you, do you like him? Mary Ambler: Yes, very much, but he is almost as old as mv father. Mv father calls me "Pollv. " r.M'T. ]\rAK8iiA(j.: Tlie name suits you, not bocause you are a parrot, but a sweet, radiant, dimpled littlo woman. I wish I could call you "Polly." Maey Ambler: Not before people, but you may when we are alone. Here come my sisters. (Nancy and Eliza Ambler approach.) Be sure and come to tea tomorrow evening. Capt. Mabshau. : If I como, will you give nic one of your ringlets to remember you by? Mary Ambler: Well, perhaps. We'll see when you come. Will you tell me of your other battles? Capt. Marshall: Yes, and read poetry to you. Mary Amrler: Until to-mori'ow, then, (rood night. (Capt. Marshall kisses her hand and takes leave of her.) (Two officers watch them part.) First Officer: Captain Marshall makes love just like he fights. Second Officer: If he wants her, he would climb an Allegheny of skulls and SAvim an Atlantic of blood to have her. ACT II. Scene III. MARRIAGE AT JOHN AMBLER'S HOME IN VIRGINIA. JANUARY 3, 1783. (A spacious room, in which are many ladies and gentlemen, including John Ambler, Jacqueline Ambler, Rebecca Ambler, Mrs. Covington, Col. Thomas Marshall, Mrs. Thos. Marshall, several brothers and sisters of Capt. John Marshall, Mary Ambler and Capt. John Marshall, all seated around an open fire.) Col. Thos. Marshall: My son, have you secured your nest for your little bird? Capt. Marshall: Yes, father; we have a fine, little, two-room cottage in Richmond. Col. Thos. Marshall: Have you a l)aiii ? J want to give you a pair of horses if you are fixed to take care of them. Maey Amblee: We are in a receiving mood today. John Amblee : So you are to enter the legal pro- fession in Richmond, Capt. Marshall? It is a good Bar. l*APT. Maeshall: Yes, Randolph, Wickham, Wythe, Innes, Ronald, Campbell and Call have made the Bar of the Old Dominion historic, and, among such law- yers, a young man from the backwoods will, no doubt, have a struggle for a part of the legal business, Maey Amblee : Never fear but what we will make a success. Capt. Marshall: With such a partner for life, I cannot fail. (Negro servant passes wine and glasses.) John Amblee : I propose the toast : To the success of this life partnership; may God bless their union and long life, happiness and prosperity be its por- tion. (All stand and drink.) (Marriage ceremony is performed, under Episcopal rites. Capt. Marshall kisses the bride, and, after him, Col. Thos. Marshall, John Ambler and all the male guests do the same.) # ACT. III. Virginia Constitutional Convention, June 2nd 1788. Scene I. ANTI-CONSTITUTIONAL ARGUMENT OF PATRICK HENRY. (The Virginia Constitutional Convention was one of the most notable, parliamentary contests the world has ever witnessed. It consisted of 170 members; was held in the "New Academy" at Richmond. About a fourth of the members had been soldiers of the Revolution, and to these were added statesmen, jurists, law- yers, doctors, preachers, planters, merchants and Indian fighters, Edmund Pendleton was chosen President of the Convention, and, prominent among the members were Marshall, Henry, Wythe, Blair, Covington. Innes, Randolph, Macon, Madison. Lee, Fifer, Grayson, Bland, Harrison, Nicholson, Monroe. Meeting is in progress.) Patrick Henrv: Mr. President: Chairman Pendleton : The Chaii' recoo'iiizes Mr. Henry. Patrick Henry: What are the reasons for this chang-e of Government? A year ag'o, the ])iihic mind was at perfect repose. Now it is uneasy and dis- quieted. A wrono- step now, and onr Repubic may be lost. The Constitutionahsts propose a great, con- solidated Cilovernment. What right have tht' train- ers of the Constitution to say, *'"\Ve, the people," in- stead of *'We, the States?" Why tliis fnndamental change? Even from the illustrious man who saved us by his valor, I wonld have a reason for this con- duct. The Constitution makers have no anthority ex- cept to amend the old system under which all were satisfied. "We, the people," instead of ''We, the States," is an alarming transition, a revolution as radical as that which separates us from Great Brit- 25 iiiii. Sovereignty of the States, rights of conscit'iice, trial by jury, liberty of the press, all of these are pre- tensions of human rights and privileges, which are imperilled, if not lost, by the change. The new Gov- ernment may prevent licentiousness, but it ^\'ill oppress and ruin the people. It is clear when it speaks of sedition, but fatally vague when it speaks of py'ivil- eges. Who Mill defend us from such executions as we have seen in our State, by bill of attainder, in the case of Josiah Philips? TV^iere are the dangers the Constitutionalists conjure up under the Confeder- acy? It was the despised Confederacy that carried us through the war! Think well before you part with it! Dangers under the Confederacy are wholly imaginary; if any arise, I depend upon the Ameri- can spirit to defend us. The method of amendment provided in the Consti- tution is a mockery. It shuts the door on amend- ment. A contemptible minority can preveiit the good of the majority. A standing army will execute the execrable commands of tyranny. And who will pun- ish them? Will your macebearer be any match for a disciplined regiment? It will convert our country into a great and mighty empire. The Constitution's so-called checks and balances are mere rope-walking, chain-rattling, ridiculous contrivances. Who knows the dangers this new system may pro- duce? The Government will be out of sight of the common people. This proposed Government is not a Virginian, but an American,- Government. m the Chief Executive, we mil have a great and mighty President, possessing the powers of a king. to T)o snpportod in extravagant inagiii licence. What may happen to the common people with their mas- ters in Philadel])]iia or New York? The friends of the Constitution talk about its beauty, but, to me, it has an awful squinting:, and it squints toward monarchy. The President, your American Chief, cm\ make himself al)soUite. If ever he violates the law, he will come at the head of his army to carry every- thing before him, or he will give bail, or do what his Chief Justice may order him. But will he sub- mit to punishment ? Rather he will make one liold push for th(* Ameri- can throne. We shall have a king: tlie army will salute him, monarch; your militia will leave you and assist in making him king, and fight against you. It would be infinitely better to have a Government like (Ireat Britain, with Kings, Lords and Commons, than a Grovernment so replete with such insupportable evils. Pennsylvania has been tricked into a ratification. If other States that have adopted it have not been tricked, they were hurried to speedy and inconsider- ate action. At best, a Government is but a necessary evil. I can never believe that it is too late to save all that is precious. The imaginary evils of the Confeder- acy are conjured up to intimidate the people, but fear is the passion of slaves. The middle and lower classes of American people have not the illuminated ideas to see the latent dan- gers in the Confederacv. It is onh' through the illu- minated imaginations and microscopic eyes of mod- ern statesmen that such defects can be seen where none exist. Can they afford to leave Virginia out of any Union they may form! When I call this the most mighty State in the Union, do I not speak the truth? Does not Virginia surpass any State"? What danger is there that Virginia will be left out of the Union if we reject the Constitution? You may depend upon it, the other States ^\'ill be glad to have her on her own terms. "We, the people," were words used to rec(nnmend this damnable document to the masses, to those who may be likened to a herd, and, l)y the operation of this blessed system, are to l^e transformed from re- spectable, independent citizens to abject, dependent subjects or slaves. If this Constitution shall be adopted, the Northern States will control the Senate, and take from the Southern States the use of the Mississippi River, as a commercial outlet. Mr. Jefferson has counselled Virginia to reject this proposed Government. The Constitution, if adopted, will destroy the State Governments, like an ambuscade. It will swallow the liberties of the ])eople without warning. Under the Constitution, the acts of Congress may be con- cealed a century from the public. The National Government would do what it liked with Virginia, but when the deprivation of our lib- erty was attempted, what did the genius of Virginia tell us! "Sell all and purchase liberty!" Republi- can maxims and the genius of Virginia landed you safe on the shores of Freedom. T look upon that papei" as the most fatal plan that could possibly be contrived to enslave a free people ! (Applause from Anti-Constitutionalists.) ACT III. Scene. 11. CONSTITUTIONAL ARGUMENT OF JOHN MARSHALL. (Hon. (ieorge Wythe occupied the Chair.) George AVvTfiE: (Uses g'avel to restore order) What is the jjleasure of the Convention? John Marshall: Mr. Chairman. George Wythe : The Chair recognizes Mr, John Marshall, of Richmond. John Marshall: The question before the Conven- tion is a most momentous one: whether our coun- try shall decide for a democracy or a despotism! I am sure the f ramers and supporters of the Con- stitution intend the establishment and security of the former. They are firm fr-iends of the liberty and the rights of mankind we have heard so much extolled. That is why they are for the Constitution. We, sir» idolize democracy. The Constitution is the surest means of protecting liberty. The opposition has seen tit to jiraise a (pialified monarchy. Wc prefer this system to any monarchy, for it provides for a well-regulated democracy. I agree with Mr. Henry that maxims should be ob- served; they ar(^ especially essential to a democracy. But what are the inaxims of democracy? A strict observance of justice and public faith, and a steady adherence to virtue! These, sir, are the principles of a good Government. 29 No mischief, no mist'ortuiie ought to (U'ter us from a strict observance of justice and pubhc faith. Would to heaven that these principles had been observed under the present Confederation! Can Virginians, themselves, boast that our own* Government is based on Justice? Can we pretend to the enjojnnent of political freedom or security, Avhon we are told that a man has been, by an Act of Assembly, struck out of existence without a trial by jury, without examination, without being confronted with his accusers and witnesses, without the benefits of the law of the land? Where is our safety when we are told that this act was justifia1)le because the person was not a Socrates? Shall it be a maxim that a man shall be deprived of his life without the benefit of the law? How can we retain the navigation of the Missis- sippi ? Ry retaining that weak Government that has hith- erto ke])t it fi'om us? No, but by a Government with the power of retaining it, such a Government as that proposed by the Constitution. Mr. Henry's one argument that amendments could not be had after adoption proved that they could not be had before. Tn all the States, and particularly in Virginia, there are many who are decided enemies of the Union. These are inspired by local interests, their object be- ing disunion. They will not propose amendments that all can agree upon. \Yhen the Federal Government met, we had no idea then of any particular system. The formation of the most perfect plan was our object and wish. It was imagined that the States would, witli pleas- s Tire, accept that Convciitioii's woi'k. But consider the violence of opinions, the prejudices and aniniosiiies which have been since imbibed, and how greatly they operate against nuitnal concessions. Can the people, themselves, make treaties, enact- laws or administer the (iovernment? Of ccnirs-. they cannot. They must do such things through agents, and how can these agents act for the people if they are not given power to do so t That their agents may abuse power is no ar'>u- ment against giving it, for the i;owei- of doing good is inseparable fiom that of doing some i vil. If ]io ,ver cannot be given for fear it may be misused, you c:in have no Government. Happy the country which can avail itself of the misfortunes of others without fatal experience. There is no analogy between the British Goverimient and the Colonies, and the relations between Congress and the States. We were not represented in Parliament; here, under the Constitution, we are represented. What are the objects of a National Government? To protect the United States and promote the gen- eral welfare. Protection in time of war is one of its principal objects. We have seen that the States could not do this. The States cannot protect them- selves and promote the general welfare. Expei'ience has taught us that. By the National Government only can these things be done. Shall we refuse to give it power to do them? liOok at the great volume of human nature. It Mill tell you that a defenseless country cannot be secure. The powers of Europe are jealous of us. It is our interest to watch their conduct and guard against them. They must be pleased mth our disunion. If 31 wo invite them, l)y our weakness, to attack us, will they not do it f If we add debility to our present situation, a partition of America may take place. Were those who are now the friends of the Con- stitution less active in the defense of Liberty, on that trying occasion, than those who oppose it ? It is not true that the Confederation carried us tlirough the Revolution. Had not the enthusiasm of Liberty inspired us with unanimity, that system would never have carried us through it. The war would have been won much sooner had that Government been possessed of due energy. The weakness of the Confederation and the conduct of the States iiro- longed the war. I'^nited, we are strong; divided, we fall! What good would it do for Congress to merelv remonstrate with tlie States? Under the Constitu- tion, the Congress will be elected by the same voters who elect the State Legislatures. The Confederation takes away the inducements to industry by rendering property insecure and unpro- tected. The Constitution, on the contrary, will pro- mote and encourage industiy. Mr. Henry says there are no effective checks in the Constitution. What has become of his enthusi- astic eulogium of the American s])irit? There is the real check and control. When we consult the com- mon good, we consult our own. Is not liberty safe with us, where the people hold all powers in their own hands, and delegate them cautiously, for short periocls, to their servants, who are accountable for the smallest mal-administration? We are threatened mth the loss of our liberties by the possible abuse of powers, notwithstanding the maxim that those who gave may take. Tt is the peo- oo ])!(' wlio "ive power, and tliey can take it back. AVhat sliall restrain them? They are the masters \vho give it, and of whom their servants hohl it! On this Gov- ernment, thus (U-])endin,ii- on ourselves for its exis- tence, T will rest my safety. The confederacies of ancient and modern times warn us to shun their calamities and place in our Government tlie necessary powers, the want of whicli destroyed them. TTow vain and fanciful the argument that National Jud<»'es would secure officers of the National Govern- ment from merited punishment. The National Courts would not supplant the State tribunals, but they would have concurrent jurisdiction with the Federal courts in those cases wher(Mn the latter have coo-niz- ance. If CongTess were to pass a law not warranted by any of its powers, it would be considered by the Na- tional Judges as an infringement of the Constitutioii which they are to guard. What security have you for justice! The independ- ence of your judiciary, the greatest safeguard that any Government can supply! Will our most virtuous and able citiiiens wantonly attempt to destroy the liberty of tiie people ? On the contrary, the virtue and talents of the members of the general Government will tend to the security, in- stead of the destruction, of our hberty. The Constitution im])ai-ts not what system we have, unless it have the power of protecting us in time of war. The Constitution, as it stands, fills the great objects which we all desire: T'nion, saf(>ty against foreign enemies, and protection against factions and p-rtrty strife — against what has been the destrnction of all Republics. These are the reasons, sir, why I am for the Con- stitution. (Long ard continued applause, and congratulations from the Constitutionalists.) (Chairman restores order.) Chairman George Wythe: What is the further pleasure of the House? Mr. Madison: I move you, Mr. Chairman, that a vote do now be taken upon the question: Shall the Commonwealth of Virginia ratify the Cnstitution ? A VOICE : I second the motion. The Chair: Gentlemen, you have heard the motion that the convention proceed at once to a vote upcni the question whether or not this Commonwealth shall ratify the Constitution. Are yon ready for the ques- tion ? (Constitutionalists shout, "question"; Anti-Constitutional- ists, "no"! ) The Chair : The Chair rules that the convention has decided to proceed to a vote upon this all import- ant question. The Secretary w\\\ proceed to call the list of delegates and enter their votes "for" or "against" ratification. Gentlemen, please indicate your vote when your name is called. (Secretary proceeds to call list and enter vote, after which it is totaled up. He confers with Chairman.) The Chair: Gentlemen, by your vote, you have de- cided 88 for and 80 against, that the Commonwealth of Virginia ratifies the Constitution of the United States ! (Long and continued applause; and Marshall is carried out on shoulders of his friends. Constitutionalists retire.) 34 Mason: p]very Anti-Constitutionalist here should urge upon his constituents to resist to the end this high-handed effort to overthrow the sovereign rights of the States. Patrick Henry: My friends, I did my best against the Constitution, but I did it in the proper place. I will never assume the role of defying a Government established by the majority of my fellow-citizens. The Constitution has been finally adopted, and I advise you all, as true and faithful Republicans, that you had better go home, and we will all support this Con- stitution, until we can amend it, consistent ^vith the legitimate powers of the States. (They all retire.) 35 ACT IV. Envoy to France, 1797. Scene I. HOUSE OF TALLEYRAND, USED AS OFFICE, FOREIGN AF- FAIRS, OF FRENCH DIRECTORY, NOVEMBER, 1797. (John Marshall, Charles Cotesworth Pinckney and Ellridge Gerry, America's Ambassadors to France, are seated in an ante- room.) Me. Gerry : Now, Mr. PinckiK\y, in this loiig-souglit interview with Monsieur Talleyrand, do be moderate. You must forget the seeming aifronts that have been offered you, and wo must meet him in a conciliatory mood, in order to accomplish anything for our coun- try. Think of the help France gave us in the Revolu- tion. We must be forgiving. John Marshall: Beaumarchais, Lafayette and other liberty-loving Frenchmen gave us such assist- ance in our war for independence, during the mon- archy, that we can never repay the debt of gratitude we owe, even if we returned to Beaumarchais the for- tune he spent for us, which we have not done, but the needed services of these liberty-loving Frenchmen, during the monarchy, that finally, to cripple Grreat Britain, also espoused our cause, gives no warrant to the present Directory to confiscate our ships and prop- erty, imprison and abuse our seamen, deny our rights upon the high seas, and finally insult our Minister! Mr. Pinckney: We have the undoubted evidence that the French Government has actually joined in the piratical warfare by the French privateers upon Amorican commerce, i-y this course, the JHrectory liopes to force the I'nited States into taking the armed side of France against (heat Britain. In the past year and a half, more than three hundred and forty Amer- ican vessels have been taken by French privateers, over fifty-five million dollars' worth of American property has been destroyed or confiscated under decrees of the French Directory, and they have beaten and imprisoned our seamen and tortured Captain Walker, of the ship "Cincinnatus", by thumbscrews for four hours. Munroe, after his recall by President Washington, circulated the report that I was an ''aristocrat", and the Directorv^ have not only refused to receive me, before your ari'ival, but the Paris police threatened to arrest me, and T was finally ordered out of the territory of the Republic. John AIarshalj. : We should be willing to correct any errors and redress any wrongs committed against the French Government, but we should insist upon an equal measure of justice from France and every other nation, and this course alone is consistent with our national honor. Mr. Gerry : T am for compliance and condescension and the French Directory deny they ever knew of any of these outrages to our commerce. Mr. Pinckney: Since the coup d'etat of September fourth, it is generally understood that Talleyrand exerts a strong influence over the Directory and es- pecially over Bonaparte, and, I am told, he thinks the United States merits no more consideration than Genoa or Geneva. An Attendant: The Minister of Foreign Affairs, Monsieur Talleyrand, told me to advise you that he is 37 detained for a few moments in a conference with the Ambassador of Portugal. He will see you in five or ten minutes. (Retires.) John Marshall: Mr. Pinckney, as you are the only one of us who speaks French, you better carry on the negotiations, and, as the subjects develop, we can express ourselves. Me. Gerry: I knew Talleyrand when he was in America. He speaks English, Attendant: The Minister of Foreign AiTairs requests that you step this way. (They follow him to the room used by Talleyrand as an office. As they enter, he arises, — tall, slender, sallow, with slumbrous eyes, advancing with a shambling limp to meet them. He eyes them keenly.) M. Talleyrand: Have just boon going over the Franco-American affairs report with the Directory. I want you to accept cards of hospitality and let me be of any service I can, whether we reach an agreement over our differences or not. Mr. Pinckney: We have already permitted much time to pass, and certainly cannot be charged with precipitation. The existing state of things may be desirable to France, but it is ruinous to the United States and cannot be allowed to continue indefinitely. Mr. Gerry: But, my dear Minister, we will await your pleasure and are detenuined to preserve the status quo and to act with imanimity. M. Talleyrand: The Directory are exceedingly irri- tated at Mr. Adams' speech before Congress and his grave reflections against the integrity of the motives of the officers of the French Government. They should be softened. IMk. MAHsiiAi.L: In what way i? M. Taixeyrand:. (Jentlcmoii, we must have a formal statement from you, in writing, that the speech of our citizen, President Barroa, was not offensive to America; you must affirm that the decree of the Direc- tory, which your President has denounced, was not contrary to the treaty of 1778, that lie had no refer- ence to France when he spoke of the depredations to American trade by privateers. If this is done, the Directory are inclined to renew their old-time relations with the United States, and 1 would use my influence to bring about a new treaty which would place France on the same footing with England, but, before this is attempted, your country must liquidate all the claims of your citizens for losses of ships and property taken on the seas, and there must be a secret article providing for a loan from the United States to France. I will not disguise from you that the essential con- dition to any treaty is that .you must pay money — you must pay a great deal of money. Please excuse me for a few moments. (He retires.) (The envois confer.) (Gerry indicating ho is opposing Marshall and Pinck- ney, as he remonstrates with them. They are obdurate.) (Re-enter Talleyrand.) John Marshall: Mr. Pinckney and I are agreed that the proposition you submit is totally inadmissible and it would be derogatory to the interests and th(i honor of the United States to permit ourselves to negotiate regarding any one of the propositions men- tioned. We could not deny the application of any of our President's utterances, which were predicated upon the facts. 39 We could not poimit any blame or censure to be, directly or indirectly, imputed to the United States, nor could we entertain any suggestions looking to the repudiation of existing treaties. Our country will not brook any restraint upon its lawful commerce, and we could not countenance any departure from the absolute recognition of the com- plete sovereignty and independency of the United States in matters of policy, commerce or Government. We could not consider paying the debts due by con- tract from France to our citizens for the violation of existing treaty. Mr. Pinckney and I are also decidedly of opinion that it is little short of an insult to our nation to talk of a loan to France, since this would be to violate onr treaty with England and would be next to an absolute surrender of the independence of the United States. In short, that you have demanded from us terms to which it is impossible for us to accede and which we hold are totally inadmissible. M. Talleyrand: The Directory are jealous of their honor and the honor of the nation; they demand the same treatment formerly accorded the Monarchy, and their honor must be maintained in the manner required unless, as envoys, you can substitute something per- haps more valuable. The Directory must look after France. John Marshall: And we must look after the United States. We came to adjust international dif- ferences, but, if your Directory prefer war, we will regret the unavoidable necessity of defending our- selves, which we have learned fairly well how to do. Af. Talleyrand: Have you no message to send to the Directory? They expect yon to offer money. What is your answer ? Mr. Pinckney: It is "No" (shouting); no not a sixpence ! John Marshall: Tell your Directory that, while we came here to conciliate, if possible, and hold the friendship of France, there is one object which is still dearer to ns than the friendship of Prance or any other country, and that is our national independence! That America has taken a neutral station — she had a right to take it; no nation has a right to force us out of it. That, to lend money to a belligerent power is to relinquish our neutrality and take part in the war. To lend this money under the lash and coercion of France w^ould be to relinquish our Government and ourselves, and to submit to a foreign government imposed on us by force. America is able to maintain her independence, and must deserve to lose it if she permitted it to be wrested from her. Mr. Pinckney and myself see no further reason to prolong the con- ference. Mr. Gerry: I am sorry, Monsieur 1' Talleyrand. I am most solicitous of preserving peace. M. Talleyrand: The Directory have a new decree they will issue regarding the commerce of the United States as soon as T advise them our negotiations are concluded. John Marshall: You can tell them they are at lib- erty to promulgate it, if its issuance is conditioned on the acceptance by the United States of the conditions named by the Minister of Foreign Affairs. M. Tattkyfand: You think, by returning and expos- ino' the unreasonableness of the demands of France to 41 your countrymen, you will unite them in their resist- ance to these demands, but in this you are mistaken. The diplomatic means France possesses in your coun- try are sufficient to enable her, through the French party in America, to throw the blame for our rupture on the Federalists, as you term yourselves, but on the British as France terms you, and you may assure yourselves that this will be done. You cannot rely upon England to help you. France can and will attend to England. We will invade her, break her and force her to sue for peace, and where, then, will you be? John Marshall: We will be across the sea, pre- pared to defend ourselves against all intruders; encir- cled by no dangerous powers, America neither fears nor is jealous of her enemies, and now we bid you good-day and request our passports. M. Tallfa'eand: They will be sent to your hotels. Good afternoon. (Exeunt.) ACT IV. Scene TI. BANQUET AT O'ELLER'S TAVERN, PHILADELPHIA, JUNE 18, 1798. "Millions for Defense, but Not a Cent for Tribute." (One hundred and twenty men are gathered around the banquet table, including the Speaker of the House of Representatives, the Cabinet members, Justices of Supreme Court, Speaker of Penn- sylvania Senate, field officers of the army. Bishops Carroll and White, and other distinguished citizens. John Marshall, the guest of honor, at the right of the toast- master. At the close of a hilarious banquet, the toastmaster raps for attention.) Toastmaster: My friends, we are gathered tonight to express to our distinguished guest of honor, our ^ coiiiploto satisfaction with the manly manner in which iie represented his country as Special Envoy to France, and as a token of our affection for his person and our approbation of the patriotic firmness with which he sustained the dignity of our country during his important mission. We would, indeed, he remiss in our duty toward a most deserving citizen, who has so signally served our country, did we not make proper acknowledgement of our love and esteem on his return to us, after having so signally served us under such trying and delicate circumstances. Our citizens now know how Talleyrand tried his mettle, and was ^]i\d to i-etire from the conflict after crossing swords with John Marshall. Our people know that this patriotic V^irginian was the author of the brilliantly written diplomatic correspondence, henceforth to be kiiown to history as the "X-Y-Z let- ters.*' You have seen today how our citizens turned out to honor him. Floats of carriages filled w^th mem- bers of Congress, and prominent Americans, and hun- dreds of people on horseback and on foot went forth to meet him. Three corps of cavalry, in full uniform, led the procession which followed his carriage six- miles out of Philadelphia. You heard the church bells ring and cannon thunder, and witnessed the parade amid the shouts of our exulting multitudes, speaking the gratitude of their hearts for iho splendid manner in which he spoke for America. Twenty years ago, almost to a day, he was party to the parade that marched through our city streets, l)ut then he was a patriot soldier, following his Com- mander-in-chief, the great Washington, to drive the 43 Tories from oiir nation's capital, on the way to Mon- mouth from Valley P\)rge. You did not fight in vain, our gallant soldier of the Revolution, and we honor ourselves in meeting tonight to honor you ! T now propose the toast : ' ' The United States : May she always remain free, sovereign and independent!" (They drink.) A Soldier: I propose the toast: ''General Wash- ington: May his name stand as a rampart of defense against the assaults of our enemies, and a hulwark of protection of our country's peace!" (They drink.) AxoTHER Soldier: T pro})ose a toast to "The heroes who fell in the Revolutionary War: May their mem- ory never be dishonored by a surrender of the Free- dom purchased with their blood!" (They drink.) -. Young Baxquktkr: 1 propose tlie toast: "The gai- hmt youth of America: May they disdain to hold as tenants at will, the independence inherited from their ancestors!" (They drink.) Justice of Supreme (\3urt: I propose the senti- ment expressed by our distinguished guest, while standing for his country's honor in that foreign land, which will become one of the historic maxims of our -nation: "Millions for defense, but not a cent for tribute!" (They drink.) Speaker of House of Representatives : I would like to have you drink to the toast: ''The Constitution: Esto perpetua!" (They drink again.) (Cries of "Marshall, Marshall".) Toast Master: Gtiieral Ararshall, will you not honor us with a few remarks? John Marshall: Mr. Toast Master and my friends, j^ou overcome me with your generous and unmerited praise. T was honored sufficiently in being asked to represent my country on this foreign mission. It is a sutTicient reward to return to my country, my family and my friends. Any citizen who loved his country exclusively would have acted as my associates and I did, while on this mission. Any of you would have done as we did, and many would have done much bet- ter. We were asked to repudiate claims for our Govern- ment and its citizens, based upon a violation of their rights of property, that we knew were just ; to retract the utterances of our Chief Executive, that were based upon the facts, and to negotiate a loan to a belliger- ent power, in violation of our duty as a neutral nation. These were prescribed as the preliminary conditions precedent to the negotiation of any treaty. We did not feel that it was consistent with our coun- try's honor to negotiate upon any such terms. (Applause.) T am deeply grateful for the honor you have shown me. (Retirfs omid prolonged fipplause.) Toast Master: I propose the final toast to '^ Gen- eral Marshall : The man whom his country delights to honor"! (They all drink again.) _ 45 ACT V. Chief Justice. Scene I. TRIAL OF AARON BURR FOR TREASON, MAY 22, 1807, IN HALL, HOUSE OF DELEGATES, RICHMOND, VA. {George Hay, U. S. District Attorney, and William Wirt ap- peared for the Government, and John Wickham and Luther Mar- tin, with Aaron Burr, pro se, for defendant. Theodosia Burr Alston and her little son seated by her father. Many lawyers were within the Bar of the Court, and the Hall was crowded with spectators. Reporters for the press around a table inside the Bar.) George Hay: (Opened the argument for the Gov- ernment). Your Honor, that the Government has estabUshed beyond reasonable doubt, the charge of High Treason lodged against the defendant seems too clear for argument. Burr's cipher letter to General Wilkinson certainly proved that he was on his way to attack Mexico at the time his villiany was thwarted by the patriotic measures of the true-hearted Commander of the American Army. AVho can doubt, in the light of the facts presented, that Burr had intended to take New Orleans and make it the capital of his empire? Let us briefly examine the evidence, Wilkinson's affidavit demonstrated the defendant's intention The Chief Justice: That goes for nothing unless you have produced other evidence to prove the overt act. GEOE(iE Hay: (Continuing) We proved by Peter Taylor, Bloni]erl]as,sett's former gardenei-, and Jacob ^ Allhrinlit, a laborer on liis island, that Mrs. Blenner- liassett had sent a letter to Colonel Burr in Kentucky, warning him not to return to the island, that Blenner- hassett, ^\■ho was also in Kentucky, confided to them that the}' were going to take Mexico and make Burr, King; that Burr, Blennerhassett and associates had bought eight hundred thousand acres of land and wanted young men to settle it. Allbright told how Mrs. Bleniierhassett conli ' liarlK)i'((l oidy in the heart and mind of the vilest criminal. Does it stand to reason that a patriotic soldier of the Revolution, in his youth, — a man who enlisted to defend his country as a private and, through his meritorious service, liecame aide-de-camp to Gen- eral Putnam; who endured the hardships and priva- tions of Valley Forg-e, for love of his country, and distinguished himself by his bravery at Monmouth; a man who had later been selected by the State of New York to represent that commonwealth in the Senate of the United States, — is it logical to con- clude that such a man, in the evening of his life, would conspire to overthrow the Government of that country that, in his youth, he had risked his life to save? It is certainly not asking too nnich that such a cit- izen, when accused of a crime so foul, should receive the benefit of the doubt and should be tried accord- ing to the law of treason, established by the organic law he helped to frame, instead of the English law of constructive treason. Judged by that standard, the Government has wholly failed to establish the guilt of the defendant, and he should be discharged and allowed to return to the arms of his daughter, his beloved Theodosia. Cot.. Burr: May it please the Court: T arise not to remedy any omissions of my counsel, who have done great justice to the subject, but rather to make some observations of a personal nature. Treason, under our Constitution, has been judi- ciallv defined to mean "deeds"; yet T have been prose- 49 ciited on mere conjecture. In the language of the good Queen Hermione: ■'My life, 1 prize it not a straw; But for mine honor (which I would free). If I shall be condemned upon surmise, All proofs sleeping else, but what mad jealousies awake, I tell you 'tis rigour, and not law." The whole countrv has been unjustly aroused against me. Wiikhison frightened the President, and Jefferson, in turn, alarmed the people. Have I acted like a guilty man? T voluntarily submitted myself to the jurisdiction of the criminal courts of Kentucky and Mississippi, and, after the fullest investigation of the facts, I was discharged. The people among whom I journeyed saw nothing hostile or treasonable in my expedition. And what about my alleged " flight ?" Only after I had been denied the protection of the law and vdien armed men, under illegal orders of an autocratic military author- ity, were seeking to seize me violently, acting upon the advice of my friends, did I abandon a country Avhere the law ceased to bo the sovereign power. Why did the guards, who brought me from Ala- bama to Richmond avoid every magistrate on the way? Why have I been refused the privilege of peii, ink and paper, and denied the right even to write to my daughter? I submit that this is persecution, not prosecution. It is true that, while being conducted by my mil- itary escort through South Carolina, I asked three civilians to see to it that I was delivered from this military despotism and demnnd'xl the interposition of the civil authorities. I asked to be subjected only to the laws of my country. Was that a criminal act? Under tho EiiQ-liRli ]nw of treason, the rule ob- 50 tain 0(1 that onougii lioads must be cut off to glut the v*iig-eaiico of tlio ('i-own. Shall this rule be estab- lished in this count I y, in the face of oui- Constitu- tion at the instance of a champion of the people's rights ? In Philatlclpiiia alone, after the British evacuation of that place, during the Revolution, hundreds were tried for treason, and, Ik iice, it is that the (quarrel- ing members of the Convention that framed our Con- stitution were in accoi'd upon this subject. I now crave the benefit of the benefic(»nt proxis- ion of onr (\)iistitution, not so much for the ])rot('C- tion or presei'vation of my own poor life, but thai my case may stand as a precedent to protect the in- nocent of futui-e ages from this vile charge, and to the end that the pages of American history will never be stained with prosecutions for tr(^ason, beoim witli- out cause, conducted without decency, and ending in iniquitous convictions, without the slightest feelin<>- of remorse. The Chief Jpsttce: The question to be decided is, whether or not the (lovernment lias produced evi- dence sufficient to justify holding the defendant upon the charge of treason. Proof, strong enough to con- vict, on a trial in chief, or even to convince the Judge, himself, hearing th(^ evidence, of the defendant's gTiilt, is not necessary to justify the Court in holding him for action by the Grand Jury, but there must be enough testimony to furnish good reason to be- lieve that Colonel Burr actually connnitted the crime with which he stands charged, l)efore he can be held. The common law text books lay do^Mi the rule that a prisoner can be discharged, on preliminary examination, only when it appears that the suspic- 51 ion against him was wholly groundless ; l)ut, of course, this does not mean that the hand of malignity may grasp any individual against whom hate may be directed, or whom it may capriciously seize, charge him with some secret crime, and put him on the proof of his innocence. Probable cause to suspect Colonel Burr guilty of an attempt to attack the Spanish possessions was perhaps shown by General Wilkinson's evidence, but that is all it does show, and the charge of treason is quite a different thing. As this is the most atrocious offense which can he committed against the political body, so it is the charge wdiich is most capable of being employed as the instrument of those malignant and vindictive pas- sions which may rage in the bosoms of contending parties struggling for ]Dower. Treason is the only crime specifically mentioned in the Constitution ; the definition of all others is left to Congress; but the Constitution, itself, carefully and plainly describes treason, and prescribes how it must be proved. Does the testimony show |)robable grounds for believing that the defen- that the members of the State Legis- latures and the ollicers of the Executive and Judicial departments of the states shall take the oath of fidel- ity to it. The Government of the United States then, though limited in its powers, is SUPREME; and its laws, when made in pursuance of the Constitution, form the supi-eme law of th? land, 'Anything in the Constitution or laws of any stat^■ to the contrary notwithstanding \ ******** It must have been the intention of those who gave these powers to insure as far as human prudence could insure their beneficial execution. Congress is authorized 'to make all laws which shall be necessary and proper for carrying into execution' the powers of the general Government. This provision is made in a Constitution intended to endure for ages to come, and, conse(iuently, to be adapted to the various crises of human affairs. The power of Congress to create and, of course, to continue the bank can no longer be considered as ques- tionable ; that the power of taxing it by the states may be exercised, so as to destroy it, is too obvious to be denied. But taxation is said to be an absolute power, and, like sovereign powers of otlier descriptions, is trusted to the discretion of those who use it; but the 63 very terms of this argument admit that the sover- eig-nty of the state, in the article of taxation, itself, is subordinate to, and may be controlled by, the Con- stitution of the United States. The people of a state give to their government a right of taxing themselves and their property, but the means employed by the Government of the Union have no such security, nor is the right of the state to tax them sustained by the same theory. They are given by all for the benefit of all, and, upon theory, should be subjected to that Government, only, which belongs to all. We find, then, on just theory, a total failure of this original right to tax the means employed by the Government of the Union for the execution of its powers. The right never existed, and the question whether it has been surrendered cannot arise. ******** That the power to tax involves the power to de- stroy, that the power to destroy may defeat and render useless the power to create, that there is a plain repugnance in conferring on one government a power to control the constitutional measures of an- other, which other, with respect to those very meas- ures is declared to be supreme over that which exerts the control, are propositions not to be denied. ******** The American people did not design to make their government dependent on the states. ******** The Court has bestowed on this subject its most deliberate consideration. The result is a conviction that the states hav^ no power, by taxation or other- wise, to retard, impede, l)uideii, or in any mauTier coutrol the oi)erations of the constitutional laws en- acted by Congress to carry into execution the powers vested in the general Government. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared. We are unanimously of opinion that tho law passed by the Legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional and void," 65 EPILOGUE. In days of old, a man of God, with power He gave, made sun and moon stand still! We've seen a man, in our own land, with wisdom from on high. Prevent a group of sovereign States From wrecking a Republic That God decreed should live! This was God's work and John Marshall was His instrument! Just as was Joshua, when he obeyed His will, And, with the Lord, fought for his chosen ones of Israel! With the same Courage from on high that enabled Daniel to calm the angry lions in their den. The great Chief Justice, all undaunted, faced the anger of the "Sovereign States", That were determined to dissolve the Union as soon as it was formed. With the calm, majestic power of the Law, which all the people had established, He stilled the wild dissension of the States, And, by God's Grace, upheld the power the people had decreed, Ard their full right to liberty and union in this land. We thank Thee, God of Nations, for this man, Whom Thou didat send to bear the light that cast no shadow, To show the way to found a Government to those who longed for liberty. But struggled in the dark, And did not know that it must come through Law! With the example of the few heroic deeds of this great man Though so imperfectly presented in this play, Grant us to return to the routine of our daily tasks in life, With an abiding faith in the institutions of the Fathers And a new determination to defend, against all men, the Constitution of our Country, Which was vitalized by the interpretations of our great Chief " Justice, John Marshall ! ! LIBRARY OF CONGRESS 011 836 846