History of Germantown, (Fauquier County) Virginia United States of America

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John Marshall, statesman, was born in Germantown, Fauquier county, Va., Sept. 24, 1755; son of Thomas and Mary Isham (Keith) Marshall. He received his early instruction from Mr. James Thompson, a private tutor, and attended the classical academy of the Messrs.Campbell in Westmoreland county, Va. He studied law, but at the outbreak of the Revolutionary war he joined a company of volunteers and took part in the action at Great Bridge. His company was subsequently reorganized and became part of the 11th regiment of Virginia troops which was ordered to join Washington's army in New Jersey. He was promoted captain of a company in May, 1777; was engaged in the battles of Monmouth, Brandywine and Germantown, and accompanied Washington to Valley Forge, Dec. 19, 1777. In 1779 he was present at the capture of Stony Point by General Anthony Wayne and subsequently covered the retreat of Major Lee after his attack on the enemy's post at Paulus's Hook, Aug. 19, 1779. He was ordered to return to Virginia to take charge of the militia which was then being raised by the state, and he repaired to Williamsburg, Va. While waiting for the troops he attended a course of law lectures by Chancellor Wythe of the College of William and Mary and in 1780 he was admitted to the bar at Williamsburg. Despairing of the organization of state militia he returned alone and on foot to headquarters and received command of his company. He returned to Virginia in 1780 and joined the small force under Baron Steuben for the defence of the state. In 1871 he resigned his commission and entered upon the practice of law in Fauquier county. He early attained prominence at the bar; was a delegate to the Virginia house of burgesses in 1780; removed his law office to Richmond, Va.; was elected a member of the state executive council and was commissioned a general in the newly organized state militia. He was engaged in the celebrated case of Ware vs. Hilton involving the British debt question, tried in the circuit court of the United States at Richmond before Chief-Justice John Jay, the attorneys for the American debtors being Patrick Henry, Alexander Campbell, James Irvine and John Marshall. He was married, Jan. 3, 1783, to Mary Willis, daughter of Jacqueline and Rebecca L. (Burwell) Amber. He was a delegate to the Virginia house of burgesses, 1782-88, and was a member of the delegation from that body to the eastern and southern states to explain the danger which menaced the country through the tardiness of the states in meeting the requisitions of congress: "On behalf of the army; for the relief of public credit; and for the payment of the debts contracted in prosecuting the war for independence. "He became a Federalist and soon after the expiration of his service in the legislature he resigned his seat in the executive council chamber and devoted himself to the pursuit of his profession. He was re-elected to the house of burgesses in 1784 and again in 1787; was a member of the constitutional convention of Virginia which met at Richmond, June 2, 1788, where he favored the adoption of the Federal constitution. He declined the cabinet position of attorney-general, and also a foreign mission tendered him by President Washington; was again a delegate to the house of burgesses, 1788-91, and practised law in Richmond, 1791-97. Upon the withdrawal of James Monroe as resident minister to France and the appointment of Charles C. Pinckney as his successor, the French government became hostile to the United States and in 1797 ordered U.S. Minister Pinckney to quit the French territory and he went to Amsterdam and thence to New York. This occasioned great indignation in the United States; and an extra session of congress was convened and a special mission to France was instituted composed of Marshall, Pinckney and Gerry as joint envoys with orders to "demand redress and reparation from France." They arrived in Paris, Oct. 4, 1797, and were treated with due civility. The French Directory would not acknowledge the commissioners, but Talleyrand suggested through secret agents that an amicable settlement of affairs could he made by the modification of President Adams's speech to congress in which he had denounced the French government, and the payment of the sum of $250,000 by the American government. To this proposition the commission replied that no such concession would he made and refused to have further intercourse with the agents. The preparations for a war with France were actively begun by the Adams administration and Washington was made lieutenant-general of the United States forces then being raised. Marshall and Pinckney left France, while Gerry, who was a Republican and was supposed by the Directory to favor the payment of tribute rather than fight, was compelled to remain in Paris by threats of an immediate declaration of war if he left, but when he was urged to enter into negotiations after the withdrawal of his colleagues he refused to do so. Marshall arrived in New York, June 17, 1798, and was received with great enthusiasm, and a public banquet was given to him by both houses of congress. It was at this dinner that the famous reply of Pinckney to the French Directory in 1796?"Millions for defence but not a cent for tribute."?was used sea toast. Marshall immediately resumed his law practice in Virginia and declined the appointment of justice of the supreme court of the United States tendered him by President Adams, Sept. 26, 1798. He was a Federal representative in the 6th congress, 1799-1801; and was appointed secretary of state in the reorganized cabinet of President Adams, May 12, 1800. Daring his administration of state affairs, the treaty with France was ratified. While serving as secretary of state he was appointed chief justice of the United States to succeed Chief-Justice Ellsworth, resigned, and took the oath of office, Feb. 4, 1801. He presided throughout the February term but by special request of the President he continued to act as secretary of state until the close of Adams's administration. It was before Marshall as chief justice that the celebrated trial of Aaron Burr was held and a verdict of acquittal was rendered. He was a member of the Virginia state convention of 1829 and spoke with great earnestness on the matter of changing the manner of appointment of the judges and magistrates of the commonwealth and the length of their term of office. Although opposed to the general principles of Jackson's administration, on he most heartily approved his treatment of nullification. He is the author of a Life of Washington (5 vols., 1804-07) written and published at the request of Washington's family from records and private papers which were placed at his disposal. The first volume was afterward published separately under the title of A History of the American Colonies (1824) and the entire work was subsequently revised and condensed into two volumes in 1832. The honorary degree of LL.D. was conferred on him by the College of New Jersey in 1802, by Harvard in 1806, and by the University of Pennsylvania in 1815. He was a member of the American Philosophical society; a fellow of the American Academy of Arts and Sciences, and corresponding member of the Massachusetts Historical society. He received a place in the Hall of Fame for Great Americans, New York university, at the election in October, 1900, in Class J, Judges and Lawyers, receiving 91 votes, the highest number in the class, and, except Washington, Webster, Lincoln, Franklin, and Grant, the highest in the election. On Feb. 4, 1901, the supreme court of the United States, with the aid and support of the President and congress, celebrated the one hundredth anniversary of the day on which he took his seat for the first time in the supreme court of the United States, and by common consent all judicial business throughout the country ceased, and state, city and county bar associations held appropriate exercises, as did colleges, law and public schools. His health began to decline at the opening of the session of the supreme court in 1835, although he presided throughout the session. He died in Philadelphia, Pa., July 6, 1835.

From: Twentieth Century Biographical Dictionary of Notable Americans, Johnson, Rossiter, editor

History of Germantown, (Fauquier County) Virginia

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