of life of the judges at these general terms of the Court: "Our intercourse is perfectly familiar and unconstrained, and our social hours when undisturbed with the labors of law, are passed in gay and frank conversation, which at once enlivens and instructs. We take no part in Washington society. We dine once a year with the President and that is all. On other days we dine together, and discuss at table the questions which are argued before us. We are great ascetics, and even deny ourselves wine except in wet weather. What I say about the wine gives you our rule; but it does sometimes happen that the Chief Justice will say to me, when the cloth is removed, 'Brother Story, step to the window and see if it does not look like rain.' And if I tell him that the sun is shining brightly, Judge Marshall will sometimes reply, "All the better, for our jurisdiction extends over so large a territory that the doctrine of chances makes it certain that it must be raining somewhere.' The Chief was brought up upon Federalism and Madeira, and he is not the man to outgrow his early prejudices." A granddaughter writes this of him: "From my father I learned veneration for him as a simple-hearted, good man; true, just and honorable. He knew from others I would hear my grandfather was a great man. Of this my father never spoke. My mother has often told me that numbers of the anecdotes told of him were without foundation, especially those indicating his slovenliness. He was extremely neat, but careless as to the style of his dress and always looked old-fashioned, I suppose."

One of the highest compliments to his profound learning was bestowed by John Randolph when commenting upon an opinion delivered by the Judge. He said, "It is all wrong, but there is no man in the United States who can show wherein it is wrong." His judicial duties called him annually to Raleigh, North Carolina, and on such occasions he would always stop with a certain landlord whose house was noted for its want of comfort and grew worse year by year. On one of his visits I learned from a gentleman that he saw the Chief Justice very early in the morning gathering an armful of wood at the wood-pile, which he carried into the house. Upon meeting him in the Capitol the same day, and telling him of having seen him in the morning, he answered: "Yes, I suppose it is not convenient for Mr. Cook to keep a servant, so I make up my own fires." In 1807 he presided at the famous trial of Aaron Burr. "Why did you not tell Chief Justice Marshall that the people of America demanded a conviction?" was the question put to Wirt after the trial. "Tell him that!" was the reply, "I would have as soon have gone to Herschel and told him that the people of America insisted that the moon had horns, as a reason why he should draw her with them." On one occasion, as he was riding down

Main Street in Richmond, and, as was his custom when on horseback, held in his hand a long, keen switch, a gentleman standing on the corner said to a friend, "What a long switch the Chief Justice carries." "Is it possible that is Judge Marshall," replied the other; "I'm determined I will know what he carries such a long switch for;" and he actually hurried after the old man, and stopping him, asked the question. With the greatest politeness the Chief Justice simply answered, "To cut my horse with," and rode on. The gentleman was so chagrined at his impertinent curiosity, and the quiet, dignified politeness of the Chief Justice that he wrote him an humble apology. Henry Clay called Marshall "the Father of the Judiciary." Robin, the Chief Justice's body servant and factotum, was almost as well known in Richmond as his master; finer manners or more faultless deportment could hardly be presented by the most educated and refined gentleman than characterized his bearing on all occasions. When walking the streets he was always dressed in a handsome suit of black; the coat with a large buff collar and wristbands, white vest and cravat, pants buttoned at the knee, and large silver buckles on highly polished shoes, finished his costume. With manners so polished as to attract the attention of strangers, some of whom have been known to return his graceful salutation and stop to inquire the name of his master, when Robin, beaming with pride and satisfaction, would answer, "Judge Marshall, sirthe Chief Justice of these United States." A niece of Judge Marshall's, who spent much time at his house, told me Robin worried the young ladies who happened to be staying there considerably by dismissing their beaux every day at dinner-time. In spite of all their entreaties the same thing occurred every day. Dinner was at half-past four. Regularly as the clock struck four Robin would appear, "ladies," he would say, “the judge has come from Court and gone to his room to prepare for dinner; gentlemen, we have arranged places for you and will be very glad if you will remain; dinner will be served in half an hour." Then he would throw open the door, and bold indeed would be the young man who could remain and detain the young ladies from their preparations for dinner in the face of this gentle but determined hint. The young ladies assured him they could hear the dressing-bell and needed no other warning, but it was all to no purpose. Uncle Robin had his ideas of propriety, and generally had his own way. A gentleman told me he met the Chief Justice one morning during harvest hurrying out to his farm. He had a large jug resting on the pommel of his saddle, and having lost the cork was holding his thumb in it for a stopper. It was whiskey for his hands. At a dinner he gave to a nephew and his bride, he drank this toast standing: “To all our

sweethearts." He presided for the last time in the Supreme Court in the winter session of 1835. During the latter part of this session his health was obviously failing. He was now eighty years old. It is said that "it was a touching and striking spectacle to see the tall, majestic, venerable man in his robe of office, move with firm step to his usual seat among his associates with his accustomed, dignified composure, and simple and artless grace of manner."

The righteous judge has given his last opinion, and has gone to appear at that bar the Judge of which "reserves to Himself the right to search the hearts of men." His tomb in Shocko Hill Cemetery consists of a marble slab, held by four upright columns. Upon the slab is the simple inscription he wrote two days before his death: "John Marshall, son of Thomas and Mary Marshall, was born on the 24th of September, 1755; intermarried with Mary Willis Ambler, the 3d of January 1783; departed this life the 6th of July, 1835. Justice Story said: "His proudest epitaph may be written in a single line- Here lies the expounder of the Constitution of the United States.'"

LOUISVILLE, Kentucky, June 6, 1884.

S. E. M.

ORIGINAL DOCUMENTS

SIR HENRY CLINTON'S ORIGINAL SECRET RECORD OF PRIVATE DAILY INTELLIGENCE

Contributed by Dr. Thomas Addis Emmett

WITH AN INTRODUCTION AND NOTES BY EDWARD F. DELANCEY

(Continued from page 544, Vol. XI.)

Intelligence from Rhode Island, 8th July 1781.

On the 16th June, 300 Recruits arrived at Providence from Boston, being all that were fit to march out of 750.* Two hundred came to Newport to relieve the same number of the old troops. On the 18th the first division of the French troops marched from Providence and the last on 21st. On the 19th the Concorde frigate arrived from Boston. The whole day spent in procuring pilots; they got ten. Fourteen it was said were on board from Boston. Of this I am not certain. Their destination for the West Indies, to pilot the Count de Grassés squadron upon the Coast, who certainly comes with a powerful body of troops and ships. I conceive their design is to give Mr. Rodney the slip, and their object at present is certainly New York; if that is thought impracticable, Virginia. Should the Royal Army continue in that Province, Point Comfort should certainly be strongly fortified, as it commands the entrance of the River, and Hampton road.

The Concorde sailed the 20th with a fine wind; the same day communicated the circumstance to our friend, who I suppose informed you, as it must be of the greatest importance that Admiral Rodney should be in a state of Equipment with provisions and water, instantly to follow them. The Fleet at Boston, consist

ing of The Sagittaire of 50, Hermione 36, Gentille 36, Astrea 36, and Ariel 20, are daily expected with some of the transports with flour, stores, provisions, &c. The State of the Province, † Discontent, Murmuring at the weight of Taxes which can never be raised. Many of the towns refuse both Men & Money.

The Fleet have salted up a considerable quantity of meat during the Winter, and as to flour, Connecticut and York Governments have been ransacked to supply them; a considerable quantity was got from Delaware.

"

*This was the true strength. Gordon's History puts it at 1,500 men, other writers at different numbers, all which are errors, as proven by Blanchard, who says (Journal, 103), these reinforcements were, two companies of artillery and five hundred men drawn from different regiments who were to fill up ours and be incorporated with them." They arrived at Boston on the 8th May, 1781.

The Admiral is old; appears to love ease and quiet; but has the reputation of being brave.

Our numbers here consist of 450 French; 300 Militia; eight Field pieces, (four and three pounders) 2, 12 Ditto, in the Goat-Island Battery, and not a gun or platform in any of the Forts besides.

About 500 Sick belonging to the Fleet, in hospitals and tents. 300 altogether unfit for duty. The rest Scorbutic and Convalescents.

We are much mortified at the Conduct of the British Admiral; Frigates, Privateers, Prizes, &c., pass in and out of the harbour without molestation: Guns and stores are transported along shore to Hartford, and our port [is] in every respect perfectly opened.t

June 26th

P. S.-The Neptune, 76; L'Eviellè 64, and Romulus 44, have been under sailing orders since the 24th; either to meet the expected fleet from Boston, or to look for the Concorde who 'tis reported, has been severely handled by a British Frigate, & unable to proceed on her voyage: if this is true it is lucky; as your account of this may be dispatched first.

I have received both yours.

The bearer of the above intelligence reports, that the last division of the French Army, marched through Hartford last Saturday. The greater part of the Legion were at that time at Lebanon and Colchester, but were to move soon. Connecticut is now about raising 3000 three months men.

The French transported all their heavy cannon and baggage to Connecticut River by water.‡

Intelligence, 8th July, 1781.

From Cap Marquard.

Washington shifted his quarters yesterday, from Appleby's to Tho Tompkins, 2 miles this side of Young's house, on the direct road. §

Sheldon's Dragoons are with Washington. Their advanced post at the Widow Underhills on the Tucky-hoe road. N B. They shift their out-posts frequently from one place to another.

The heavy baggage that had been left at Peekskill arrived at Washington's camp the 6th July early. It was reported that 3000 men joined him at the same time but it is rather [more] credible that it was the baggage Guard.

*This was de Barras.

The English naval commanders seem to have been paralyzed during the whole summer of 1781, almost, if not quite, as much as Sir Henry Clinton himself. Jealousy, suspicion and indecision, as well as corruption, reigned supreme, afloat as well as ashore.

Though unsigned, this intelligence was most probably from Dr. Haliburton of Newport, several of whose letters have been given before.

See Marquard's letter, of 8th July, ante (June Mag. Am. Hist.). This was Washington's first change of his headquarters, after the junction of the French and American armies at White Plains.