Fort Moultrie, S. C. Fort Sumter in the Distance.
William Henry Drayton was born at “Drayton Hall,” on the Ashley River, South Carolina, and was sent in 1753 to England to be educated. He went in the care of Chief-Justice Charles Pinckney, who was taking his two sons, Charles Cotesworth and Thomas, for the same purpose. He returned home in 1764, studied law, and in 1771 was appointed by the king privy-councillor for South Carolina. He espoused, however, the cause of the Revolution, with ardor, and was chosen president of the Council of Safety and of the Provincial Congress. As Chief-Justice of the State, he declared that the king “had abdicated the government and had no more authority over the people of South Carolina.” He also dealt with the Indians and exercised a wholesome influence over them in behalf of the State.
He left in manuscript valuable state papers and a narrative of the early part of the Revolution, which his son, Governor John Drayton, edited and published, and from which the extract is taken. His style is clear, simple, and flowing.
[From the Charge to the Grand Jury of Charleston District, 1776.]
Thus, as I have on the foot of the best authorities made it evident, that George III. King of Britain, has endeavoured to subvert the constitution of this country, by breaking the original contract between king and people; by the advice of wicked persons has violated the fundamental laws; and has withdrawn himself by withdrawing the constitutional benefits of the kingly office, and his protection out of this country; from such a result of injuries, from such a conjuncture of circumstances—the law of the land authorizes me to declare, and it is my duty boldly to declare the law, that George III. King of Britain, has abdicated the government, and that the throne is thereby vacant; that is, he has no authority over us, and we owe no obedience to him. . . The new constitution is wisely adapted to enable us to trade with foreign nations, and thereby, to supply our wants in the cheapest markets in the universe; to extend our trade infinitely beyond what it has ever been known; to encourage manufactures among us; and it is peculiarly formed, to promote the happiness of the people, from among whom, by virtue and merit, the poorest man may arrive at the highest dignity.—Oh, Carolinians! happy would you be under this new constitution, if you knew your happy state.
Possessed of a constitution of government, founded upon so generous, equal, and natural a principle,—a government expressly calculated to make the people rich, powerful, virtuous, and happy, who can wish to change it, to return under a Royal government; the vital principles of which, are the reverse in every particular! It was my duty to lay this happy constitution before you, in its genuine light—it is your duty to understand—to instruct others—and to defend it. . . . .
I think it my duty to declare in the awful seat of justice and before Almighty God, that in my opinion, the Americans can have no safety but by the Divine Favour, their own virtue, and their being so prudent, as not to leave it in the power of the British rulers to injure them. Indeed the ruinous and deadly injuries received on our side; and the jealousies entertained, and which, in the nature of things, must daily increase against us on the other; demonstrate to a mind, in the least given to reflection upon the rise and fall of empires, that true reconcilement never can exist between Great Britain and America, the latter being in subjection to the former.
The Almighty created America to be independent of Britain; let us beware of the impiety of being backward to act as instruments in the Almighty Hand, now extended to accomplish his purpose; and by the completion of which alone, America, in the nature of human affairs, can be secure against the craft and insidious designs of her enemies who think her prosperity and power already by far too great. In a word, our piety and political safety are so blended, that to refuse our labours in this divine work, is to refuse to be a great, a free, a pious, and a happy people!
And now having left the important alternative, political happiness or wretchedness, under God, in a great degree in your own hands; I pray the supreme Arbiter of the affairs of men, so to direct your judgment, as that you may act agreeable to what seems to be his will, revealed in his miraculous works in behalf of America, bleeding at the altar of liberty!
1743=1826.
Thomas Jefferson, the “Sage of Monticello,” and founder of the University of Virginia, was born at Shadwell, Albemarle County, Virginia. He was educated at William and Mary College, and early developed a rare taste for study, music, and general culture. His is one of the greatest and most interesting figures in our history. He received and adorned all the positions in the gift of his fellow-citizens, from that of member of the State Legislature to that of President of the United States, which office he twice filled. He is considered the founder of the present Democratic party in politics; and he gained imperishable fame as the author of the Declaration of Independence. He spent five years in France, succeeding Benjamin Franklin as minister to that country, and he introduced into the United States the decimal system of currency.
Monticello, the Home of Thomas Jefferson, Albemarle County, Va.
His love for country life induced him to retire to Monticello, his place in Albemarle County, where he spent his declining years in planning and establishing the University of Virginia. His love of freedom in every possible form is shown in his plan for the University, which was, unlike most colleges of the times, to be under the patronage of no church, and the students were to be controlled like any community of citizens. He was also opposed to slavery. (See his Notes on Virginia.)
He died at Monticello, July 4, 1826, on the same day with John Adams, just fifty years after the great event of their lives, the declaration of independence of the United States.
The following inscription was at his own request put upon his tombstone:
Thomas Jefferson,
Author of the Declaration of Independence, of the Statute of
Virginia for Religious Freedom and Father
of the University of Virginia.
Autobiography, Essays, Treatises, Letters, Reports, Messages, and Addresses, (9 volumes).
Jefferson’s style as a political writer is considered a model: and every citizen of the United States should be well acquainted with the Declaration of Independence, which has been called by competent critics the most remarkable paper of its kind in existence.
His writings show a well trained mind, accustomed to observe closely and to delight in thought and truth and freedom. See under George Tucker. Consult also his Life, by Tucker, by Morse, by Sarah N. Randolph, his great-grand-daughter, Memoirs by Thos. J. Randolph (1830).
Government has nothing to do with opinion.
Resistance to tyrants is obedience to God. (Motto on his seal.)
Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none.
(From a letter to John Page.)
Perfect happiness, I believe, was never intended by the Deity to be the lot of one of his creatures in this world; but that he has very much put in our power the nearness of our approaches to it, is what I have steadfastly believed. The most fortunate of us, in our journey through life, frequently meet with calamities and misfortunes, which may greatly afflict us; and, to fortify our minds against the attacks of these calamities and misfortunes, should be one of the principal studies and endeavors of our lives. The only method of doing this is to assume a perfect resignation to the Divine will, to consider whatever does happen must happen; and that by our uneasiness, we cannot prevent the blow before it does fall, but we may add to its force after it has fallen. These considerations, and others such as these, may enable us in some measure to surmount the difficulties thrown in our way; to bear up with a tolerable degree of patience under this burthen of life; and to proceed with a pious and unshaken resignation, till we arrive at our journey’s end, when we may deliver up our trust into the hands of him who gave it, and receive such reward as to him shall seem proportioned to our merit. Such, dear Page, will be the language of the man who considers his situation in this life, and such should be the language of every man who would wish to render that situation as easy as the nature of it will admit. Few things will disturb him at all; nothing will disturb him much.
(From Notes on Virginia, written in 1781, published in 1801.)
Harper’s Ferry.
The passage of the Patowmac through the Blue Ridge is perhaps one of the most stupendous scenes in nature. You stand on a very high point of land. On your right comes up the Shenandoah, having ranged along the foot of the mountain an hundred miles to seek a vent. On your left approaches the Patowmac, in quest of a passage also. In the moment of their junction they rush together against the mountain, rend it asunder, and pass off to the sea. The first glance of this scene hurries our senses into the opinion, that this earth has been created in time, that the mountains were formed first, that the rivers began to flow afterwards, that in this place particularly they have been damned up by the Blue ridge of mountains, and have formed an ocean which filled the whole valley; that continuing to rise they have at length broken over at this spot, and have torn the mountain down from its summit to its base. The piles of rock on each hand, but particularly on the Shenandoah, the evident marks of their disrupture and avulsion from their beds by the most powerful agents of nature, corroborate the impression. But the distant finishing which nature has given to the picture, is of a very different character. It is a true contrast to the foreground. It is as placid and delightful, as that is wild and tremendous. For the mountain being cloven asunder, she presents to your eye, through the cleft, a small catch of smoothe blue horizon, at an infinite distance in the plain country, inviting you, as it were, from the riot and tumult roaring around, to pass through the breach and participate of the calm below. . . . . . . . .
The Natural Bridge, the most sublime of nature’s works, . . . is on the ascent of a hill, which seems to have been cloven through its length by some great convulsion. The fissure, just at the bridge, is, by some admeasurements, 270 feet deep, by others only 205. It is about 45 feet wide at the bottom, and 90 feet at the top; this of course determines the length of the bridge, and its height from the water. Its breadth in the middle, is about 60 feet, but more at the ends, and the thickness of the mass, at the summit of the arch, about 40 feet. A part of this thickness is constituted by a coat of earth, which gives growth to many large trees. The residue, with the hill on both sides, is one solid rock of lime-stone.
The arch approaches the semi-elliptical form; but the larger axis of the ellipsis, which would be the cord of the arch, is many times longer than the transverse. Though the sides of this bridge are provided in some parts with a parapet of fixed rocks, yet few men have the resolution to walk to them, and look over into the abyss. You involuntarily fall on your hands and feet, creep to the parapet, and peep over it. Looking down from this height about a minute, gave me a violent head-ach.
If the view from the top be painful and intolerable, that from below is delightful in an equal extreme. It is impossible for the emotions arising from the sublime, to be felt beyond what they are here: so beautiful an arch, so elevated, so light, and springing as it were up to heaven! the rapture of the spectator is really indescribable! The fissure continuing narrow, deep, and straight, for a considerable distance above and below the bridge, opens a short but very pleasing view of the North mountain on one side, and Blue ridge on the other, at the distance each of them of about five miles. This bridge is in the county of Rockbridge, to which it has given name, and affords a public and commodious passage over a valley, which cannot be crossed elsewhere for a considerable distance. The stream passing under it is called Cedar-creek.
Compulsion makes hypocrites, not converts.
It is error alone that needs the support of government: truth can stand by itself.
Such are the fragments remaining to us to show a master-workman, and that his system of morality was the most benevolent and sublime that has ever been taught, and consequently more perfect than those of any of the ancient philosophy.
(From an Act Passed in the Assembly of Virginia, 1786.)
Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; . . . that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles, on the supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them:
Be it therefore enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
(Written in France, May 21, 1787.)
I write you, my dear Patsy, from the canal of Languedoc, on which I am at present sailing, as I have been for a week past,—cloudless skies above, limpid waters below, and on each hand, a row of nightingales in full chorus. This delightful bird had given me a rich treat before, at the fountain of Vaucluse. After visiting the tomb of Laura, at Avignon, I went to see this fountain—a noble one of itself, and rendered forever famous by the songs of Petrarch, who lived near it. I arrived there somewhat fatigued, and sat down by the fountain to repose myself. It gushes, of the size of a river, from a secluded valley of the mountain, the ruins of Petrarch’s château being perched on a rock two hundred feet perpendicular above. To add to the enchantment of the scene, every tree and bush was filled with nightingales in full song. I think you told me that you had not yet noticed this bird. As you have trees in the garden of the Convent [in Paris, where Martha was at school], there might be nightingales in them, and this is the season of their song. Endeavor, my dear, to make yourself acquainted with the music of this bird, that when you return to your own country you may be able to estimate its merit in comparison with that of the mocking-bird. The latter has the advantage of singing through a great part of the year, whereas the nightingale sings but about five or six weeks in the spring, and a still shorter term, and with a more feeble voice, in the fall.
I expect to be in Paris about the middle of next month. By that time we may begin to expect our dear Polly [the younger daughter, Maria] It will be a circumstance of inexpressible comfort to me to have you both with me once more. The object most interesting to me for the residue of my life, will be to see you both developing daily those principles of virtue and goodness which will make you valuable to others and happy in yourselves, and acquiring those talents and that degree of science which will guard you at all times against ennui, the most dangerous poison of life. A mind always employed is always happy. This is the true secret, the grand recipe, for felicity. The idle are the only wretched. In a world which furnishes so many employments which are useful, and so many which are amusing, it is our own fault if we ever know what ennui is, or if we are ever driven to the miserable resource of gaming, which corrupts our dispositions, and teaches us a habit of hostility against all mankind.
We are now entering the port of Toulouse, where I quit my bark, and of course must conclude my letter. Be good and be industrious, and you will be what I shall most love in the world. Adieu, my dear child.
Yours affectionately,
Th. Jefferson.
Monticello, June 24, 1826.
Respected Sir: The kind invitation received from you, on the part of the citizens of the city of Washington, to be present with them at their celebration of the fiftieth anniversary of American Independence, as one of the surviving signers of an instrument pregnant with our own, and the fate of the world, is most flattering to myself, and heightened by the honorable accompaniment proposed for the comfort of such a journey. It adds sensibly to the sufferings of sickness, to be deprived by it of a personal participation in the rejoicing of that day. But acquiescence is a duty, under circumstances not placed among those we are permitted to control. I should, indeed, with peculiar delight, have met and exchanged there congratulations personally with the small band, the remnant of that host of worthies, who joined with us on that day, in the bold and doubtful election we were to make for our country, between submission or the sword; and to have enjoyed with them the consolatory fact, that our fellow-citizens, after half a century of experience and prosperity, continue to approve the choice we made. May it be to the world, what I believe it will be (to some parts sooner, to others later, but finally to all), the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-government. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God. These are grounds of hope for others. For ourselves, let the annual return of this day, forever refresh our recollections of these rights, and an undiminished devotion to them.
I will ask permission here to express the pleasure with which I should have met my ancient neighbors of the city of Washington and its vicinities, with whom I passed so many years of a pleasing social intercourse; an intercourse which so much relieved the anxieties of the public cares, and left impressions so deeply engraved in my affections as never to be forgotten. With my regret that ill health forbids me the gratification of an acceptance, be pleased to receive for yourself, and those for whom you write, the assurance of my highest respect and friendly attachments.
Th. Jefferson.
1749=1815.
David Ramsay was a native of Lancaster County, Pennsylvania, was educated at Princeton, studied medicine at the University of Pennsylvania, and removed to Charleston, S. C., for the practice of his profession. He soon acquired celebrity both as a physician and as a patriot in the Revolutionary struggles. He was a member of the Council of Safety and a surgeon in the army. He was one of the forty prominent citizens who were sent as hostages to St. Augustine at the capture of Charleston in 1780 and kept for eleven months in close confinement. His death was caused by wounds received from a maniac, who shot him in the street for testifying as to his mental unsoundness.
His second wife was Martha Laurens, daughter of Henry Laurens, who had spent ten years in Europe and who was always active in intellectual and benevolent pursuits. She assisted her husband in his writing and prepared her sons for college. Two of their daughters long had an excellent and celebrated school for girls in Charleston.
Orations; Medical Essays.
History of South Carolina.
Life of Washington.
Memoir of Martha L. Ramsay.
Universal History Americanized (12 volumes.)
Jasper Replacing the Flag.
Dr. Ramsay holds a high place as a historian, being characterized by impartiality, a fine memory, a clear simple style, and a personal knowledge of many of the persons and events he describes.
Touch not, taste not, handle not.
(From History of South Carolina.)
In the course of eighty years, or about the middle of the eighteenth century, the most valuable lands in the low country were taken up: and settlements were gradually progressing westwardly on favorite spots in the middle and upper country. The extinction of Indian claims by a cession of territory to the king, was necessary to the safety of the advancing settlers. This was obtained in 1755. In that year, Governor Glen met the Cherokee warriors in their own country, and held a treaty with them. After the usual ceremonies were ended, the governor made a speech to the assembled warriors in the name of his king; representing his great power, wealth, and goodness, and his particular regard for his children, the Cherokees. He reminded them of the happiness they had long enjoyed by living under his protection, and added, that he had many presents to make them and expected they would surrender a share of their territories in return. He informed them of the wicked designs of the French, and hoped they would permit none of them to enter their towns. He demanded lands to build two forts in their country, to protect them against their enemies, and to be a retreat to their friends and allies, who furnished them with arms, ammunition, hatchets, clothes, and everything that they wanted.
When the governor had finished his speech, Chulochcullak arose, and in answer spoke to the following effect:
“What I now speak, our father the great king should hear. We are brothers to the people of Carolina, one house covers us all.” Then taking a boy by the hand, he presented him to the governor, saying, “We, our wives, and our children, are all children of the great king George; I have brought this child, that when he grows up he may remember our agreement on this day, and tell it to the next generation, that it may be known forever.” Then opening his bag of earth, and laying the same at the governor’s feet, he said: “We freely surrender a part of our lands to the great king. The French want our possessions, but we will defend them while one of our nation shall remain alive.” Then delivering the governor a string of wampum, in confirmation of what he said, he added: “My speech is at an end—it is the voice of the Cherokee nation. I hope the governor will send it to the king, that it may be kept forever.”
(From the History of South Carolina.)
The loss of the garrison was ten men killed and twenty-two wounded. Lieutenants Hall and Gray were among the latter. Though there were many thousand shots fired from the shipping, yet the works were little damaged: those which struck the fort were ineffectually buried in its soft wood. Hardly a hut or tree on the island escaped.
When the British appeared off the coast, there was so scanty a stock of lead, that to supply the musketry with bullets, it became necessary to strip the windows of the dwelling-houses in Charleston of their weights. Powder was also very scarce. The proportion allotted for the defence of the fort was but barely sufficient for slow firing. This was expended with great deliberation. The officers in their turn pointed the guns with such exactness that most of their shot took effect. In the beginning of the action, the flag-staff was shot away. Sergeant Jasper of the Grenadiers immediately jumped on the beach, took up the flag and fastened it on a sponge-staff. With it in his hand he mounted the merlon; and, though the ships were directing their incessant broadsides at the spot, he deliberately fixed it. The day after the action, President Rutledge presented him with a sword, as a mark of respect for his distinguished valor. . . . .
On the third day after the action, the lady of Colonel Bernard Elliott presented an elegant pair of colors to the second regiment, which had so bravely defended Fort Moultrie. Her address on the occasion concluded thus: “I make not the least doubt, under heaven’s protection, you will stand by these colors as long as they wave in the air of liberty.” In reply a promise was made that “they should be honorably supported, and never should be tarnished, by the second regiment.” This engagement was literally fulfilled. Three years after they were planted on the British lines at Savannah: one by Lieutenant Bush who was immediately shot down; Lieutenant Hume in the act of planting his was also shot down; and Lieutenant Gray in supporting them received a mortal wound. The brave Sergeant Jasper on seeing Lieutenant Hume fall, took up the color and planted it. In doing so, he received a wound which terminated in death; but on the retreat being ordered he brought the colors off with him. These were taken at the fall of Charleston and are said to be now in the tower of London.
(From the Same.)
As the British advanced to the upper country of South Carolina, a considerable number of the determined friends of independence retreated before them and took refuge in North Carolina. In this class was Colonel Sumpter; a gentleman who had formerly commanded one of the continental regiments, and who was known to possess a great share of bravery and other military talents. In a very little time after he had forsaken his home, a detachment of the British turned his wife and family out of doors, burned the house and everything that was in it. A party of these exiles from South Carolina who had convened in North Carolina made choice of Colonel Sumpter to be their leader. At the head of this little band of freemen he soon returned to his own State, and took the field against the victorious British. He made this gallant effort at a time when the inhabitants had generally abandoned the idea of supporting their own independence, and when he had every difficulty to encounter. The State was no longer in a condition to pay, clothe, or feed the troops who had enrolled themselves under his command. His followers were, in a great measure, unfurnished with arms and ammunition; and they had no magazines from which they might draw a supply. The iron tools, on the neighboring farms, were worked up for their use by common blacksmiths into rude weapons of war. They supplied themselves, in part, with bullets by melting the pewter which they were furnished by private housekeepers. They sometimes came to battle when they had not three rounds a man; and some were obliged to keep at a distance, till, by the fall of others, they were supplied with arms. When they proved victorious they were obliged to rifle the dead and wounded of their arms and ammunition to equip them for their next engagement. . . . . .
General Francis Marion was born at Winyaw in 1733. His grandfather was a native of Languedoc, and one of the many Protestants who fled from France to Carolina to avoid persecution on the account of religion. He left thirteen children, the eldest of whom was the father of the general. Francis Marion, when only sixteen years of age, made choice of a sea-faring life. On his first voyage to the West Indies he was shipwrecked. The crew, consisting of six persons, took to the open boat without water or provisions; . . . . they were six days in the boat before they made land. Two of the crew perished. Francis Marion with three others reached land. This disaster, and the entreaties of his mother, induced him to quit the sea. . . . . .
On the approach of General Gates he advanced with a small party through the country towards the Santee. On his arrival there he found a number of his countrymen ready and willing to put themselves under his command, to which he had been appointed by General Gates. This corps afterwards acquired the name of Marion’s brigade. . . In all these marches Marion and his men lay in the open air with little covering, and with little other food than sweet potatoes and meat mostly without salt. Though it was the unhealthy season of autumn, yet sickness seldom occurred. The general fared worse than his men; for his baggage having caught fire by accident, he had literally but half a blanket to cover him from the dews of the night, and but half a hat to shelter him from the rays of the sun.
1751=1836.
James Madison, fourth president of the United States, was born at Port Conway, Virginia, and was a graduate of Princeton, where he was a profound and excellent student. He and Jefferson were always friends; yet they differed in some political opinions, for Madison was a Federalist, and he contributed many papers to the periodical of that name.
In 1794 he married Mrs. Dorothy Payne Todd, a lady of extraordinary beauty and rare accomplishments; and the reign of Mrs. Dolly Madison at the White House is esteemed its most brilliant period. “Memoirs and Letters of Dolly Madison,” by her grand-niece, published in 1887 at Boston, is a most interesting book.
President Madison died at his home “Montpelier,” Orange County, Virginia. See his Life, by W. C. Rives, and by Gay.
Madison Papers (3 vols.), [Debates of the Convention, 1789].
Unpublished Writings.
29 Papers in the “Federalist.”
Professor Fiske says of Madison: “Among the founders of our nation, his place is beside that of Washington, Jefferson, and Marshall; but his part was peculiar. He was pre-eminently the scholar, the profound constructive thinker, and his limitations were such as belong to that character.”
(From Rives’ Life of Madison.[4])
(17 Oct., 1784.)—The time I have lately passed with the Marquis has given me a pretty thorough insight into his character. With great natural frankness of temper, he unites much address and very considerable talents. In his politics, he says his three hobby-horses are the alliance between France and the United States, the union of the latter, and the manumission of the slaves. The two former are the dearer to him, as they are connected with his personal glory. . . . . . . .
(20 August, 1785.)—Subsequent to the date of mine in which I gave my idea of Lafayette, I had other opportunities of penetrating his character. Though his foibles did not disappear, all the favorable traits presented themselves in a stronger light, on closer inspection. He certainly possesses talents which might figure in any line. If he is ambitious, it is rather of the praise which virtue dedicates to merit than of the homage which fear renders to power. His disposition is naturally warm and affectionate, and his attachment to the United States unquestionable. Unless I am grossly deceived, you will find his zeal sincere and useful, whenever it can be employed on behalf of the United States without opposition to the essential interests of France.
(From the “Federalist,” 14th No.)
But why is the experiment of an extended Republic to be rejected, merely because it may comprise what is new? Is it not the glory of the people of America, that, whilst they have paid a decent regard to the opinions of former times and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons of their own experience? To this manly spirit posterity will be indebted for the possession, and the world for the example, of the numerous improvements displayed on the American theatre in favor of private rights and public happiness. Had no important step been taken by the leaders of the Revolution for which a precedent could not be discovered; no government established of which an exact model did not present itself,—the people of the United States might, at this moment, have been numbered among the melancholy victims of misguided counsels; must, at best, have been laboring under the weight of some of those forms which have crushed the liberties of the rest of mankind. Happily for America,—happily, we trust, for the whole human race, they pursued a new and more noble course. They accomplished a revolution which has no parallel in the annals of human society. They reared the fabrics of government, which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent on their successors to improve and perpetuate. If their works betray imperfections, we wonder at the fewness of them. If they erred most in the structure of the Union, this was the work most difficult to be executed; this is the work which has been new-modelled by the act of your convention; and it is that act on which you are now to deliberate and decide.
(“drawn by Mr. Madison, amid the tranquil scenes of his own final retirement; and intended . . . . for his family and friends.”)
The strength of his character lay in his integrity, his love of justice, his fortitude, the soundness of his judgment, and his remarkable prudence; to which he joined an elevated sense of patriotic duty, and a reliance on the enlightened and impartial world as the tribunal by which a lasting sentence on his career would be pronounced. Nor was he without the advantage of a stature and figure which, however insignificant when separated from greatness of character, do not fail, when combined with it, to aid the attraction. What particularly distinguished him was a modest dignity, which at once commanded the highest respect and inspired the purest attachment.
Although not idolizing public opinion, no man could be more attentive to the means of ascertaining it. In comparing the candidates for office, he was particularly inquisitive as to their standing with the public, and the opinion entertained of them by men of public weight. On the important questions to be decided by him, he spared no pains to gain information from all quarters; freely asking from all whom he held in esteem, and who were intimate with him, a free communication of their sentiments; receiving with great attention the arguments and opinions offered to him; and making up his own judgment with all the leisure that was permitted.
[4] By permission of Little, Brown, & Company, Boston, as also the two following extracts.
1752=1828.
St. George Tucker was born in the Bermudas, came early in life to Virginia, where he married in 1778 Mrs. Frances Bland Randolph, and thus became stepfather to John Randolph of Roanoke. He was a distinguished jurist, professor of law at William and Mary College, president-judge of the Virginia Court of Appeals, and judge of the United States District Court of Virginia.
Poems: “Days of My Youth,” and others.
Probationary Odes of Jonathan Pindar, Esq., [Satires].
Commentary on the Constitution.
Dissertation on Slavery: Letters on Alien and Sedition Laws.
Annotated Edition of Blackstone.
Dramas, [unpublished].
In addition to his ability as a writer, he possessed fine literary taste; and his personal character was marked by great amiability, courtliness, and patriotism.
William and Mary College, Williamsburg, Va.
1755=1835.
John Marshall, third Chief Justice of the United States, was born in Fauquier County, Virginia. He served as a soldier in the Revolution and then practised law in Richmond. With Charles Cotesworth Pinckney and Elbridge Gerry, he was sent to Paris in 1797 to treat of public affairs; and it was on this occasion that Pinckney made the famous reply to the propositions of Talleyrand, “Millions for defence, not a cent for tribute.”
He was chief-justice of the United States for thirty-five years, being appointed in 1800 and holding the position until his death. One of the most celebrated cases over which he presided was the trial of Aaron Burr, 1807, in which William Wirt led the prosecution, and Luther Martin and Burr himself, the defence. His services on the Supreme Bench were not only judicial but patriotic also, as his decisions on points of constitutional law, being broad, clear, strong, and statesman-like, have done much to settle the foundations of our government.
He died in Philadelphia whither he had gone for medical treatment. A handsome statue of him by Story adorns the west grounds of the Capitol at Washington, and his is one of the six colossal bronze figures around the Washington Monument in Richmond. See Life, by Story, and by Magruder.
Life of Washington.
Supreme Court Decisions.
Writings on Federal Constitution, [selections by Justice Story].
“He was supremely fitted for high judicial station—a solid judgment, great reasoning powers, acute and penetrating mind; . . . attentive, patient, laborious; grave on the bench, social in the intercourse of life; simple in his tastes, and inexorably just.”—Thomas Hart Benton, in “Thirty Years’ View.”
(From Case of Cohen vs. State of Virginia, given in Magruder’s Life of Marshall.[5])
It is authorized to decide all cases of every description arising under the Constitution or laws of the United States. From this general grant of jurisdiction no exception is made of those cases in which a State may be a party. When we consider the situation of the government of the Union and of a State in relation to each other, the nature of our Constitution, the subordination of the State governments to that Constitution, the great purpose for which jurisdiction over all cases arising under the Constitution and laws of the United States is confided to the judicial department, are we at liberty to insert in this general grant an exception of those cases in which a State may be a party? Will the spirit of the Constitution justify this attempt to control its words? We think it will not. We think a case arising under the Constitution or laws, of the United States is cognizable in the courts of the Union, whoever may be the parties to that case. The laws must be executed by individuals acting within the several States. If these individuals may be exposed to penalties, and if the courts of the Union cannot correct the judgments by which these penalties may be enforced, the course of government may be at any time arrested by the will of one of its members. Each member will possess a veto on the will of the whole.
That the United States form, for many and most important purposes, a single nation has not yet been denied. These States are constituent parts of the United States. They are members of one great empire, for some purposes sovereign, for some purposes subordinate. In a government so constituted is it unreasonable that the judicial power should be competent to give efficacy to the constitutional laws of the legislature? That department can decide on the validity of the Constitution or law of a State, if it be repugnant to the Constitution or to a law of the United States. Is it unreasonable that it should also be empowered to decide on the judgment of a State tribunal enforcing such unconstitutional law? Is it so very unreasonable as to furnish a justification for controlling the words of the Constitution? We think not. . . . .
Advert, sir, to the duties of a judge. He has to pass between the government and the man whom that government is prosecuting; between the most powerful individual in the community and the poorest and most unpopular. It is of the last importance that, in the exercise of these duties he should observe the utmost fairness. Need I press the necessity of this? Does not every man feel that his own personal security and the security of his property depends on that fairness? The judicial department comes home, in its effects, to every man’s fireside; it passes on his property, his reputation, his life, his all. Is it not to the last degree important that he should be rendered perfectly and completely independent, with nothing to influence or control him, but God and his conscience? . . . I have always thought, from my earliest youth until now, that the greatest scourge an angry Heaven ever inflicted upon an ungrateful and sinning people was an ignorant, a corrupt, or a dependent judiciary. Our ancestors thought so; we thought so until very lately; and I trust that the vote of this day will show that we think so still. Will you draw down this curse on Virginia?