The Life of John Marshall
Chapter 3 : [36] _Va. Mag. Hist. and Biog._, iii, 261; xviii, 86-87.[37] The curious sameness in the

[36] _Va. Mag. Hist. and Biog._, iii, 261; xviii, 86-87.

[37] The curious sameness in the ancestry of Marshall and Jefferson is found also in the surroundings of their birth. Both were born in log cabins in the backwoods. Peter Jefferson, father of Thomas, "was the third or fourth white settler within the s.p.a.ce of several miles" of his cabin home, which he built "in a small clearing in the dense and primeval forest." (Randall, i, 11.) Here Jefferson was born, April 2, 1743, a little more than twelve years before John Marshall came into the world, under like conditions and from similar parents.

Peter Jefferson was, however, remotely connected by descent, on his mother's side, with men who had been burgesses. His maternal grandfather, Peter Field, was a burgess, and his maternal great-grandfather, Henry Soane, was Speaker of the House of Burgesses.

But both Peter Jefferson and Thomas Marshall were "of the people" as distinguished from the gentry.

[38] Morse, 3; and Story, in Dillon, iii, 330.

[39] Randall, i, 7. Peter Jefferson "purchased" four hundred acres of land from his "bosom friend," William Randolph, the consideration as set forth in the deed being, "Henry Weatherbourne's biggest bowl of arrack punch"! (_Ib._)

[40] Peter Jefferson was County Lieutenant of Albemarle. (_Va. Mag, Hist. and Biog._, xxiii, 173-75.) Thomas Marshall was Sheriff of Fauquier.

[41] Randall, i, 12-13; and see _infra_, chap. II.

[42] Tucker, i, 26.

[43] Records of Westmoreland County, Deeds and Wills, viii, I, 276.

[44] _Ib._ Seventy years later La Rochefoucauld found land adjoining Norfolk heavily covered with valuable timber, close to the water and convenient for s.h.i.+pment, worth only from six to seven dollars an acre.

(La Rochefoucauld, iii, 25.) Virginia sold excellent public land for two cents an acre three quarters of a century after this deed to John Marshall "of the forest." (Ambler, 44; and see Turner, Wis. Hist. Soc, 1908, 201.) This same land which William Marshall deeded to John Marshall nearly two hundred years ago is now valued at only from ten to twenty dollars an acre. (Letter of Albert Stuart, Deputy Clerk of Westmoreland County, to author, Aug. 26, 1913.) In 1730 it was probably worth one dollar per acre.

[45] A term generally used by the richer people in referring to those of poorer condition who lived in the woods, especially those whose abodes were some distance from the river. (Statement of W. G. Stanard, Secretary of the Virginia Historical Society and Dr. H. J. Eckenrode of Richmond College, and formerly Archivist of the Virginia State Library.) There were, however, Virginia estates called "The Forest." For example, Jefferson's father-in-law, John Wayles, a wealthy man, lived in "The Forest."

[46] Will of John Marshall "of the forest," made April 1, 1752, probated May 26, 1752, and recorded June 22, 1752; Records of Westmoreland County, Deeds and Wills, xi, 419 _et seq._ (Appendix II.)

[47] _Ib._, 421.

[48] _Autobiography_. Marshall gives the ancestry of his wife more fully and specifically. See _infra_, chap. V.

[49] Will of Thomas Marshall, "carpenter," probated May 31, 1704; Records of Westmoreland County, Deeds and Wills, iii, 232 _et seq._ (Appendix I.)

[50] Most curiously, precisely this is true of Thomas Jefferson's paternal ancestry.

[51] There is a family tradition that the first of this particular Marshall family in America was a Royalist Irish captain who fought under Charles I and came to America when Cromwell prevailed. This may or may not be true. Certainly no proof of it has been discovered. The late Wilson Miles Cary, whose authority is unquestioned in genealogical problems upon which he pa.s.sed judgment, decided that "the Marshall family begins absolutely with Thomas Marshall, 'Carpenter.'" (The Cary Papers, MSS., Va. Hist. Soc. The _Virginia Magazine of History and Biography_ is soon to publish these valuable genealogical papers.)

Within comparatively recent years, this family tradition has been ambitiously elaborated. It includes among John Marshall's ancestors William le Mareschal, who came to England with the Conqueror; the celebrated Richard de Clare, known as "Strongbow"; an Irish king, Dermont; Sir William Marshall, regent of the kingdom of England and restorer of Magna Charta; a Captain John Marshall, who distinguished himself at the siege of Calais in 1558; and finally, the Irish captain who fought Cromwell and fled to Virginia as above mentioned. (Paxton, 7 _et seq._)

Senator Humphrey Marshall rejected this story as "a myth supported by vanity." (_Ib._) Colonel Cary declares that "there is no evidence whatever in support of it." (Cary Papers, MSS.) Other painstaking genealogists have reached the same conclusion. (See, for instance, General Thomas M. Anderson's a.n.a.lysis of the subject in _Va. Mag. Hist.

and Biog._, xii, 328 _et seq._)

Marshall himself, of course, does not notice this legend in his _Autobiography_; indeed, it is almost certain that he never heard of it.

In constructing this picturesque genealogical theory, the kins.h.i.+p of persons separated by centuries is a.s.sumed largely because of a similarity of names. This would not seem to be entirely convincing.

There were many Marshalls in Virginia no more related to one another than the various unrelated families by the name of Smith. Indeed, _marechal_ is the French word for a "shoeing smith."

For example, there lived in Westmoreland County, at the same time with John Marshall "of the forest," another John Marshall, who died intestate and the inventory of whose effects was recorded March 26, 1751, a year before John Marshall "of the forest" died. These two John Marshalls do not seem to have been kinsmen.

The only prominent person in Virginia named Marshall in 1723-34 was a certain Thomas Marshall who was a member of the colony's House of Burgesses during this period; but he was from Northampton County.

(Journal, H.B. (1712-23), xi; _ib._ (1727-40), viii, and 174.) He does not appear to have been related in any way to John "of the forest."

There were numerous Marshalls who were officers in the Revolutionary War from widely separated colonies, apparently unconnected by blood or marriage. For instance, there were Abraham, David, and Benjamin Marshall from Pennsylvania; Christopher Marshall from Ma.s.sachusetts; Dixon Marshall from North Carolina; Elihu Marshall from New York, etc.

(Heitman, 285.)

At the same time that John Marshall, the subject of this work, was captain in a Virginia regiment, two other John Marshalls were captains in Pennsylvania regiments. When Thomas Marshall of Virginia was an officer in Was.h.i.+ngton's army, there were four other Thomas Marshalls, two from Ma.s.sachusetts, one from South Carolina, and one from Virginia, all Revolutionary officers. (_Ib._)

When Stony Point was taken by Wayne, among the British prisoners captured was Lieutenant John Marshall of the 17th Regiment of British foot (see Dawson, 86); and Captain John Marshall of Virginia was one of the attacking force. (See _infra_, chap. IV.)

In 1792, John Marshall of King and Queen County, a boatswain, was a Virginia pensioner. (_Va. Hist. Prs._, v, 544.) He was not related to John Marshall, who had become the leading Richmond lawyer of that time.

While Hamilton was Secretary of the Treasury he received several letters from John Marshall, an Englishman, who was in this country and who wrote Hamilton concerning the subject of establis.h.i.+ng manufactories. (Hamilton MSS., Lib. Cong.)

Ill.u.s.trations like these might be continued for many pages. They merely show the danger of inferring relations.h.i.+p because of the similarity of names, especially one so general as that of Marshall.

[52] The Cary Papers, _supra_. Here again the Marshall legend riots fantastically. This time it makes the pirate Blackbeard the first husband of Marshall's paternal grandmother; and with this freebooter she is said to have had thrilling and melancholy experiences. It deserves mention only as showing the absurdity of such myths. Blackbeard was one Edward Teach, whose career is well authenticated (Wise, 186.) Colonel Cary put a final quietus on this particular tale, as he did on so many other genealogical fictions.

[53] See Douglas: _Peerage of Scotland_ (1764), 448. Also Burke: _Peerage_ (1903), 895; and _ib._ (1876). This peerage is now extinct.

See Burke: _Extinct Peerages_.

[54] For appreciation of this extraordinary man see Carlyle's _Frederick the Great_.

[55] Paxton, 30.

[56] From data furnished by Justice James Keith, President of the Court of Appeals of Virginia.

[57] Paxton, 30; and see Meade, ii, 216.

[58] Data furnished by Thomas Marshall Smith of Baltimore, Md.

[59] With this lady the tradition deals most unkindly and in highly colored pictures. An elopement, the deadly revenge of outraged brothers, a broken heart and resulting insanity overcome by gentle treatment, only to be reinduced in old age by a fraudulent Enoch Arden letter apparently written by the lost love of her youth--such are some of the incidents with which this story clothes Marshall's maternal grandmother. (Paxton, 25-26.)

[60] _Autobiography._

[61] In general, Virginia women at this time had very little education (Burnaby, 57.) Sometimes the daughters of prominent and wealthy families could not read or write. (Bruce: _Inst._, i, 454-55.) Even forty years after John Marshall was born, there was but one girls' school in Virginia. (La Rochefoucauld, iii, 227.) In 1789, there were very few schools of any kind in Virginia, it appears. (Journal, H.B. (Dec. 14, 1789), 130; and see _infra_, chap. VI.)

[62] Paxton, 30. Marischal College, Aberdeen, was founded by George Keith, Fifth Earl Marischal (1593).

[63] See _infra_, chap. II. When Leeds Parish was organized, we find Thomas Marshall its leading vestryman. He was always a stanch churchman.

[64] Jones, 35; Burnaby,58. But see Maxwell in _William and Mary College Quarterly_, xix, 73-103; and see Bruce: _Econ._, i, 425, 427, 585, 587.

[65] "Though tobacco exhausts the land to a prodigious degree, the proprietors take no pains to restore its vigor; they take what the soil will give and abandon it when it gives no longer. They like better to clear new lands than to regenerate the old." (De Warville, 439; and see Fithian, 140.)

The land produced only "four or five bushels of wheat per acre or from eight to ten of Indian corn. These fields are never manured, hardly even are they ploughed; and it seldom happens that their owners for two successive years exact from them these scanty crops.... The country ...

everywhere exhibits the features of laziness, of ignorance, and consequently of poverty." (La Rochefoucauld, iii, 106-07, describing land between Richmond and Petersburg, in 1797; and see Schoepf, ii, 32, 48; and Weld, i, 138, 151.)

[66] Burnaby, 45, 59. The estate of Richard Randolph of Curels, in 1742 embraced "not less than forty thousand acres of the choicest lands."

(Garland, i, 7.) The mother of George Mason bought ten thousand acres in Loudoun County for an insignificant sum. (Rowland, i, 51.) The Carter plantation in 1774 comprised sixty thousand acres and Carter owned six hundred negroes. (Fithian, 128.) Compare with the two hundred acres and few slaves of John Marshall "of the forest," _supra_.

Half a century later the very best lands in Virginia with valuable mines upon them sold for only eighteen dollars an acre. (La Rochefoucauld, iii, 124.) For careful account of the extent of great holdings in the seventeenth century see Wertenbaker: _P. and P._, 34-35, 97-99.