The Life of John Marshall
Chapter 10 : Nor was this the worst. Was.h.i.+ngton thus pours out his soul to his nephew: "Gre

Nor was this the worst. Was.h.i.+ngton thus pours out his soul to his nephew: "Great bodies of militia in pay that never were in camp; ...

immense quant.i.ties of provisions drawn by men that never rendered ...

one hour's service ... every kind of military [discipline] destroyed by them.... They [the militia] come without any conveniences and soon return. I discharged a regiment the other day that had in it fourteen rank and file fit for duty only.... The subject ... is not a fit one to be publicly known or discussed.... I am wearied to death all day ... at the conduct of the militia, whose behavior and want of discipline has done great injury to the other troops, who never had officers, except in a few instances, worth the bread they eat."[264]

Conditions did not improve in the following year, for we find Was.h.i.+ngton again writing to his brother of "militia, who are here today and gone tomorrow--whose way, like the ways of [Pr]ovidence, are almost inscrutable."[265] Baron von Steuben testifies thus: "The eternal ebb and flow of men ... who went and came every day, rendered it impossible to have either a regiment or company complete.... I have seen a regiment consisting of _thirty men_ and a company of _one corporal_."[266] Even Thomas Paine, the arch-enemy of anything resembling a regular or "standing" army, finally declared that militia "will not do for a long campaign."[267] Marshall thus describes the predicament in which Was.h.i.+ngton was placed by the inconstancy of this will-o'-the-wisp soldiery: "He was often abandoned by bodies of militia, before their places were filled by others.... The soldiers carried off arms and blankets."[268]

Bad as the militia were,[269] the States did not keep up even this happy-go-lucky branch of the army. "It is a matter of astonishment,"

savagely wrote Was.h.i.+ngton to the President of Pennsylvania, two months before Valley Forge, "to every part of the continent, to hear that Pennsylvania, the most opulent and populous of all the States, has but twelve hundred militia in the field, at a time when the enemy are endeavoring to make themselves completely masters of, and to fix their winter quarters in, her capital."[270] Even in the Continental line, it appears, Pennsylvania's quota had "never been above one third full; and now many of them are far below even that."[271]

Was.h.i.+ngton's wrath at Pennsylvania fairly blazed at this time, and the next day he wrote to Augustine Was.h.i.+ngton that "this State acts most infamously, the People of it, I mean, as we derive little or no a.s.sistance from them.... They are in a manner, totally disaffected or in a kind of Lethargy."[272]

The head of the American forces was not the only patriot officer to complain. "The Pennsylvania a.s.sociators [militia] ... are deserting ...

notwithstanding the most spirited exertions of their officers," reported General Livingston in the midsummer of 1776.[273] General Lincoln and the Ma.s.sachusetts Committee tried hard to keep the militia of the Bay State from going home; but, moaned Lee, "whether they will succeed, Heaven only knows."[274]

General Sullivan determined to quit the service because of abuse and ill-treatment.[275] For the same reason Schuyler proposed to resign.[276] These were not examples of pique; they denoted a general sentiment among officers who, in addition to their sufferings, beheld their future through none too darkened gla.s.ses. They "not only have the Mortification to See every thing live except themselves," wrote one minor officer in 1778, "but they see their private fortune wasting away to make fat those very Miscreants [speculators] ... they See their Country ... refuse to make any future provision for them, or even to give them the Necessary Supplies."[277]

Thousands of the Continentals were often practically naked; Chastellux found several hundred in an invalid camp, not because they were ill, but because "they were not covered even with rags."[278] "Our sick naked, and well naked, our unfortunate men in captivity naked"! wailed Was.h.i.+ngton in 1777.[279] Two days before Christmas of that year he informed Congress that, of the force then under his immediate command, nearly three thousand were "barefoot and otherwise naked."[280] Sickness was general and appalling. Smallpox raged throughout the army even from the first.[281] "The Regimental Surgeons are immediately to make returns ... of all the men in their Regiments, who have not had the small Pox,"[282] read the orders of the day just after New Year's Day, in 1778.

Six years after Concord and Lexington, three hundred American soldiers, in a body, wished to join the British.[283] Stern measures were taken to prevent desertion and dishonesty and even to enforce the most ordinary duties of soldiers. "In the afternoon three of our reg^t were flogged;--2 of them received one hundred lashes apiece for attempting to desert; the other received 80 for enlisting twice and taking two bounties,"[284] Wild coolly enters in his diary. And again: "This afternoon one of our men was hanged on the grand parade for attempting to desert to the enemy";[285] and "at 6 ock P.M. a soldier of Col.

Gimatts Battalion was hanged."

Sleeping on duty meant "Twenty Lashes on ... [the] bare back" of the careless sentry.[286] A soldier convicted of "getting drunk & losing his Arms" was "Sentenc'd to receive 100 Lashes on his bare back, & pay for his Arms lost."[287] A man who, in action, "turns his back on the Enemy"

was ordered to be "instantly put ... to Death" by the officers.[288] At Yorktown in May, 1781, Wayne ordered a platoon to fire on twelve soldiers who were persuading their comrades not to march; six were killed and one wounded, who was, by Wayne's command, enforced by a c.o.c.ked pistol, then finished with the bayonet thrust into the prostrate soldier by a comrade.[289]

Such was the rough handling practiced in the scanty and ill-treated army of individualists which Was.h.i.+ngton made s.h.i.+ft to rally to the patriot colors.[290] It was not an encouraging omen. But blacker still was the disorganizing effect of local control of the various "State Lines" which the pompous authority of the newborn "sovereign and independent"

Commonwealths a.s.serted.[291]

Into this desperate confusion came the young Virginia lieutenant. Was this the manner of liberty? Was this the way a people fighting for their freedom confronted their enemy? The dreams he had dreamed, the visions he had seen back in his Virginia mountains were clad in glories as enchanting as the splendors of their tree-clad summits at break of day--dreams and visions for which strong men should be glad of the privilege of dying if thereby they might be won as realities for all the people. And indeed at this time, and in the even deadlier days that followed, young John Marshall found strong men by his side willing to die and to go through worse than death to make their great dream come true.

But why thus decrepit, the organization called the American army? Why this want of food even for such of the soldiers as were willing and eager to fight for their country? Why this scanty supply of arms? Why this avoidable sickness, this needless suffering, this frightful waste?

What was the matter? Something surely was at fault. It must be in the power that a.s.sumed to direct the patriot army. But whence came that power? From Congress? No. Congress had no power; after a while, it did not even have influence. From the States? Yes; that was its source--there was plenty of power in the States.

But what kind of power, and how displayed? One State did one thing; another State did another thing.[292] One State clothed its troops well; another sent no supplies at all.[293] One regiment of Maryland militia had no s.h.i.+rts and the men wrapped blankets about their bare bodies.[294]

One day State troops would come into camp, and the next day leave. How could war be conducted, how could battles be fought and won, through such freakish, uncertain power as that?

But how could this vaunted liberty, which orators had proclaimed and which Lieutenant Marshall himself had lauded to his frontier companions in arms, be achieved except by a well-organized army, equipped, supplied, and directed by a competent central Government? This was the talk common among the soldiers of the Continental establishment in which John Marshall was a lieutenant. In less than two years after he entered the regular service, even officers, driven to madness and despair by the pusillanimous weakness of Congress, openly denounced that body; and the soldiers themselves, who saw their wounds and sufferings coming to naught, cursed that sham and mockery which the jealousy and shallowness of State provincialism had set up in place of a National Government.[295]

All through the latter half of 1776, Lieutenant Marshall of the Third Virginia Regiment marched, suffered, retreated and advanced, and performed his duties without complaint. He did more. At this time, when, to keep up the sinking spirits of the men was almost as important as was ammunition, young Marshall was the soul of good humor and of cheer; and we shall find him in a few months heartening his starving and freezing comrades at Valley Forge with quip and jest, a center from which radiated good temper and a hopeful and happy warmth. When in camp Marshall was always for some game or sport, which he played with infinite zest. He was the best quoit-thrower in the regiment. His long legs left the others behind in foot-races or jumping contests.

So well did he perform his work, so highly did he impress his superior officers, that, early in December, 1776, he was promoted to be captain-lieutenant, to rank from July 31, and transferred to the Fifteenth Virginia Line.[296] Thus he missed the glory of being one of that immortal company which on Christmas night, 1776, crossed the Delaware with Was.h.i.+ngton and fell upon the British at Trenton. His father, Major Thomas Marshall, shared in that renown;[297] but the days ahead held for John Marshall his share of fighting in actual battle.

Sick, ill-fed, dirty, and ragged, but with a steady nucleus of regular troops as devoted to their great commander as they were disgusted with the hybrid arrangement between the States and Congress, Was.h.i.+ngton's army worried along. Two months before the battle of the Brandywine, the American General informed the Committee of Congress that "no army was ever worse supplied than ours ... our Soldiers, the greatest part of last Campaign, and the whole of this, have scarcely tasted any kind of Vegetables; had but little salt and Vinegar." He told of the "many putrid diseases incident to the Army, and the lamentable mortality,"

which this neglect of soldiers in the field had caused. "Soap," says he, "is another article in great demand," but not to be had. He adds, sarcastically: "A soldier's pay will not enable him to purchase [soap]

by which his ... consequent dirtiness adds not a little to the disease of the Army."[298]

Such was the army of which John Marshall was a part when it prepared to meet the well-fed, properly clad, adequately equipped British veterans under Howe who had invaded Pennsylvania. Even with such a force Was.h.i.+ngton felt it necessary to make an impression on disaffected[299]

Philadelphia, and, for that purpose, marched through the city on his way to confront the enemy. For it was generally believed that the American army was as small in numbers[300] as it was wretched in equipment. A parade of eleven thousand men[301] through the Tory-infested metropolis would, Was.h.i.+ngton hoped, hearten patriot sympathizers and encourage Congress. He took pains that his troops should make the best appearance possible. Arms were scoured and the men wore sprigs of green in their headgear. Among the orders for the march through the seat of government it was directed: "If any Sold^r. shall dare to quit his ranks He shall receive 39 Lashes at the first halting place afterwards.... Not a Woman[302] belonging to the Army is to be seen with the troops on their March through the City."[303]

The Americans soon came in contact with the enemy and hara.s.sed him as much as possible. Many of Was.h.i.+ngton's men had no guns. Although fewer militia came to his aid than Congress had called for, testifies Marshall, yet "more appeared than could be armed. Those nearest danger were, as usual, most slow in a.s.sembling."[304]

Upon Wayne's suggestion, Was.h.i.+ngton formed "a corps of light infantry consisting of nine officers, eight sergeants, and a hundred rank and file, from each brigade" and placed them under the command of General Maxwell who had acquired a reputation as a hard fighter.[305] Among these picked officers was Captain-Lieutenant John Marshall. Maxwell's command was thrown forward to Iron Hill. "A choice body of men" was detailed from this select light infantry and, during the night, was posted on the road along which it was believed one column of the British army would advance. The small body of Americans had no artillery and its only purpose was to annoy the enemy and r.e.t.a.r.d his progress. The British under Cornwallis attacked as soon as they discovered Maxwell's troops.

The Americans quickly were forced to retreat, having lost forty killed and wounded. Only three of the British were killed and but nineteen were wounded.[306]

This action was the first engagement in which Marshall took part after the battle of Great Bridge. It is important only as fixing the command to which he was a.s.signed. Marshall told Justice Story that he was in the Iron Hill fight;[307] and it is certain, therefore, that he was in Maxwell's light infantry and one of the little band picked from that body of choice troops, for the perilous and discouraging task of checking the oncoming British thousands.

The American army retreated to the Brandywine, where on the 9th of September Was.h.i.+ngton stationed all his forces except the light infantry on the left of the river. The position was skillfully chosen, but vague and conflicting reports[308] of the movement of the British finally resulted in American disaster.

The light infantry was posted among the hills on the right of the stream along the road leading to Chadd's Ford, in order to skirmish with the British when they approached, and, if possible, prevent them from crossing the river. But the enemy, without much effort, drove the Americans across the Brandywine, neither side suffering much loss.[309]

Was.h.i.+ngton now made his final dispositions for battle. The command to which Marshall belonged, together with other detachments under the general direction of Anthony Wayne, were placed opposite the British at Chadd's Ford. Small parties of selected men crossed over and attacked the British on the other side of the stream. In one of these skirmishes the Americans "killed a British captain with ten or fifteen privates, drove them out of the wood and were on the point of taking a field piece." But large numbers of the enemy hurried forward and again the Americans were thrown across the river. Marshall was in this party.[310]

Thomas Marshall, now colonel,[311] held the advanced position under Sullivan at the right; and his regiment did the hardest fighting and suffered the heaviest losses on that unhappy day. When Cornwallis, in greatly superior numbers, suddenly poured down upon Sullivan's division, he all but surprised the Continentals and drove most of them flying before him;[312] but Colonel Marshall and his Virginians refused to be stampeded. That regiment "maintained its position without losing an inch of ground until both its flanks were turned, its ammunition nearly expended, and more than half the officers and one third of the soldiers were killed and wounded."[313] Colonel Marshall had two horses shot under him. But, cut to pieces as they were, no panic appeared in this superb Virginia command and they "retired in good order."[314]

While Thomas Marshall and his Third Virginia Line were thus checking Cornwallis's a.s.sault on the right, the British charged, in dense ma.s.ses, across the Brandywine, at Chadd's Ford, upon Wayne's division, to which Captain-Lieutenant John Marshall had been a.s.signed. The Americans made a show of resistance, but, learning of the rout of their right wing, quickly gave way.[315]

"Nearly six hundred British ... were killed or wounded; and the Americans lost eleven pieces of artillery and above a thousand men, of whom the third part were prisoners," according to the British statement.[316] And by their own account the Americans lost three hundred killed, six hundred wounded, and between three and four hundred prisoners.[317]

Both British and American narratives agree that the conduct of the Continental troops at Brandywine was most unequal in stanchness, discipline, and, courage. John Marshall himself wrote: "As must ever be the case in new-raised armies, unused to danger and from which undeserving officers have not been expelled, their conduct was not uniform. Some regiments, especially those which had served the preceding campaign, maintained their ground with the firmness and intrepidity of veterans, while others gave way as soon as they were pressed."[318]

But the inefficiency of the American equipment gave some excuse for the fright that seized upon so many of them. For, testifies Marshall, "many of their muskets were scarcely fit for service; and being of unequal caliber, their cartridges could not be so well fitted, and consequently, their fire could not do as much execution as that of the enemy. This radical defect was felt in all the operations of the army."[319]

So ended the battle of the Brandywine, the third formal armed conflict in which John Marshall took part. He had been in skirmish after skirmish, and in all of them had shown the characteristic Marshall coolness and courage, which both father and son exhibited in such striking fas.h.i.+on on this September day on the field where Lafayette fell wounded, and where the patriot forces reeled back under the all but fatal blows of the well-directed British regiments.[320]

It is small wonder that the Americans were beaten in the battle of the Brandywine; indeed, the wonder is that the British did not follow up their victory and entirely wipe out the opposing patriots. But it is astonis.h.i.+ng that the American army kept up heart. They were even "in good spirits" as Was.h.i.+ngton got them in hand and directed their retreat.[321]

They were pretty well scattered, however, and many small parties and numerous stragglers were left behind. Maxwell's men, among whom was John Marshall, were stationed at Chester as "a rallying point" for the fragments which otherwise would disperse or be captured. Much maneuvering followed by both British and Americans. At sight of a detachment of the enemy approaching Wilmington, the Delaware militia "dispersed themselves," says Marshall.[322] Soon the two armies again faced one another. Marshall thus describes the situation: "The advanced parties had met, and were beginning to skirmish, when they were separated by a heavy rain, which, becoming more and more violent, rendered the retreat of the Americans a measure of absolute necessity."[323]

Through a cold and blinding downpour, over roads deep with mud, Captain-Lieutenant Marshall marched with his retreating comrades. All day they struggled forward, and nearly all night. They had no time to eat and little or no food, even if they had had the time. Before the break of a gray, cold, rainy September dawn, a halt was called, and an examination made of arms and ammunition. "Scarcely a musket in a regiment could be discharged," Marshall records, "and scarcely one cartridge in a box was fit for use," although "forty rounds per man had just been drawn"--this because the cartridge boxes had been ill-made and of improper material.

Gun locks were loose, declares Marshall, because flimsily put on; the muskets were scarcely better than clubs. Hardly any of the soldiers had bayonets.[324] "Never" had the patriot army been "in such imminent peril," he a.s.serts--and all because of the inefficiency or worse of the method of supplies. Well might Was.h.i.+ngton's dilapidated troops thank Providence for the bitter weather that drenched through and through both officers and men and soaked their ammunition, for "the extreme severity of the weather had entirely stopped the British army."[325]

Yet Was.h.i.+ngton was determined to block the British march on Philadelphia. He made s.h.i.+ft to secure some fresh ammunition[326] and twice moved his army to get in front of the enemy or, failing in that, "to keep pace with them."[327] To check their too rapid advance Was.h.i.+ngton detached the troops under Wayne, among whom was John Marshall.[328] They found the "country was so extensively disaffected that Sir William Howe received accurate accounts of his [Wayne's]

position and of his force. Major-General Grey was detached to surprise him [Wayne] and effectually accomplished his purpose." At eleven o'clock at night Grey drove in Wayne's pickets with charged bayonets, and in a desperate midnight encounter killed and wounded one hundred and fifty of his men.[329] General Smallwood, who was to have supported Wayne, was less than a mile away, but his militia, who, writes Marshall, "thought only of their own safety, having fallen in with a party returning from the pursuit of Wayne, fled in confusion with the loss of only one man."[330]

Another example, this, before John Marshall's eyes, of the unreliability of State-controlled troops;[331] one more paragraph in the chapter of fatal inefficiency of the so-called Government of the so-called United States. Day by day, week by week, month by month, year by year, these object lessons were witnessed by the young Virginia officer. They made a lifelong impression upon him and had an immediate effect. More and more he came to depend on Was.h.i.+ngton, as indeed the whole army did also, for all things which should have come from the Government itself.

Once again the American commander sought to intercept the British, but they escaped "by a variety of perplexing maneuvers," writes Was.h.i.+ngton, "thro' a Country from which I could not derive the least intelligence (being to a man disaffected)" and "marched immediately toward Philadelphia."[332] For the moment Was.h.i.+ngton could not follow, although, declares Marshall, "public opinion" was demanding and Congress insisting that one more blow be struck to save Philadelphia.[333] His forces were not yet united; his troops utterly exhausted.

Marching through heavy mud, wading streams, drenched by torrential rains, sleeping on the sodden ground "without tents ... without shoes or ... clothes ... without fire ... without food,"[334] to use Marshall's striking language, the Americans were in no condition to fight the superior forces of the well-found British. "At least one thousand men are bare-footed and have performed the marches in that condition," Was.h.i.+ngton informed the impatient Congress.[335] He did his utmost; that brilliant officer, Alexander Hamilton, was never so efficient; but nearly all that could be accomplished was to remove the military stores at Philadelphia up the Delaware farther from the approaching British, but also farther from the American army.

Philadelphia itself "seemed asleep, or dead, and the whole State scarce alive. Maryland and Delaware the same," wrote John Adams in his diary.[336]

So the British occupied the Capital, placing most of their forces about Germantown. Congress, frightened and complaining, fled to York. The members of that august body, even before the British drove them from their cozy quarters, felt that "the prospect is chilling on every side; gloomy, dark, melancholy and dispiriting."[337] Would Was.h.i.+ngton never strike? Their impatience was to be relieved. The American commander had, by some miracle, procured munitions and put the muskets of his troops in a sort of serviceable order; and he felt that a surprise upon Germantown might succeed. He planned his attack admirably, as the British afterwards conceded.[338] In the twilight of a chilling October day, Was.h.i.+ngton gave orders to begin the advance.

Throughout the night the army marched, and in the early morning[339] the three divisions into which the American force was divided threw themselves upon the British within brief intervals of time. All went well at first. Within about half an hour after Sullivan and Wayne had engaged the British left wing, the American left wing, to which John Marshall was now attached,[340] attacked the front of the British right wing, driving that part of the enemy from the ground. With battle shouts Marshall and his comrades under General Woodford charged the retreating British. Then it was that a small force of the enemy took possession of the Chew House and poured a murderous hail of lead into the huzzaing American ranks. This saved the day for the Royal force and turned an American victory into defeat.[341]

It was a dramatic struggle in which John Marshall that day took part.

Fighting desperately beside them, he saw his comrades fall in heaps around him as they strove to take the fiercely defended stone house of the Tory Judge. A fog came up so thick that the various divisions could see but a little way before them. The dun smoke from burning hay and fields of stubble, to which the British had set fire, made thicker the murk until the Americans fighting from three different points could not tell friend from foe.[342] For a while their fire was directed only by the flash from what they thought must be the guns of the enemy.[343]

The rattle of musketry and roar of cannon was like "the crackling of thorns under a pot, and incessant peals of thunder," wrote an American officer in an attempt to describe the battle in a letter to his relatives at home.[344] Through it all, the Americans kept up their cheering until, as they fought, the defeat was plain to the most audacious of them; and retreat, with which they had grown so familiar, once more began. For nine miles the British pursued them, the road stained with blood from the beaten patriots.[345] Nearly a thousand of Was.h.i.+ngton's soldiers were killed or wounded, and over four hundred were made prisoners on that ill-fated day, while the British loss was less than half these numbers.[346]