Chapter 8

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.

WORKS.

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 Unpublished Writings. 29 Papers in the "Federalist."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."

OPINION OF LAFAYETTE, (IN LETTERS TO JEFFERSON).

(_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.

PLEA FOR A REPUBLIC, ALTHOUGH A NEW FORM OF GOVERNMENT.

(_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.

CHARACTER OF WASHINGTON.

("_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.

FOOTNOTE:

[4] By permission of Little, Brown, & Company, Boston, as also the two following extracts.

ST. GEORGE TUCKER.

~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.

WORKS.

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.

RESIGNATION, OR DAYS OF MY YOUTH.

I.

Days of my youth, Ye have glided away; Hairs of my youth, Ye are frosted and gray: Eyes of my youth, Your keen sight is no more; Cheeks of my youth Ye are furrowed all o'er, Strength of my youth, All your vigor is gone; Thoughts of my youth, Your gay visions are flown.

II.

Days of my youth, I wish not your recall; Hairs of my youth, I'm content ye should fall; Eyes of my youth, You much evil have seen; Cheeks of my youth, Bathed in tears have you been; Thoughts of my youth, You have led me astray; Strength of my youth, Why lament your decay?

III.

Days of my age, Ye will shortly be past; Pains of my age, Yet a while ye can last; Joys of my age, In true wisdom delight; Eyes of my age, Be religion your light; Thoughts of my age, Dread ye not the cold sod; Hopes of my age, Be ye fixed on your God.

JOHN MARSHALL.

~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.

WORKS.

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."

POWER OF THE SUPREME COURT OF THE UNITED STATES.

(_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. . . . .

THE DUTIES OF A JUDGE.

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?

FOOTNOTE:

[5] By permission of Houghton, Mifflin, and Company, of Boston, as also the following.

HENRY LEE.

~1756=1818.~

HENRY LEE, "Light-Horse Harry," of the Revolution, and father of General R. E. Lee, was born at Leesylvania, Westmoreland County, Virginia. His father was also named Henry Lee, and his mother was Lucy Grymes, the famous "lowland beauty," who first captured Washington's heart. Her son was a favorite of his, and it is an interesting fact that it was this same Henry Lee who delivered by request of Congress the funeral oration on Washington. In it he used those now well-known words, "First in war, first in peace, first in the hearts of his countrymen."

He was educated at Princeton, and joined the American army in 1777, with his company, as Captain Lee. He rose successively to be major, colonel, general; and after the war he served in the Continental Congress and in the Virginia Legislature. He was injured in a riot at Baltimore, while trying to defend a friend, and went to Cuba for his health; but he died on his way home, at Cumberland Island on the coast of Georgia, at the home of General Greene's daughter, Mrs. Shaw.

With his first wife, his cousin Matilda Lee, he obtained Stratford House, where R. E. Lee was born; whose mother however, was the second wife, Anne Hill Carter of Shirley.

WORK.

Memoirs of the War in the Southern Department of the United States, edited by his sons, Henry and R. E. Lee.

General Lee's "Memoirs of the War" is a life-like and spirited narrative of events in which he was an actor. The style is plain and clear. His style as an orator is seen in his celebrated Funeral Oration, of which we give the closing sentences.

CAPTURE OF FORT MOTTE BY LEE AND MARION, MAY, 1780.

(_From General Henry Lee's Memoirs of the War._)

This post was the principal depot of the convoys from Charleston to Camden, and sometimes for those destined for Fort Granby and Ninety-Six. A large new mansion house, belonging to Mrs. Motte, situated on a high and commanding hill, had been selected for this establishment. It was surrounded with a deep trench, along the interior margin of which was raised a strong and lofty parapet. To this post had been regularly assigned an adequate garrison of about one hundred and fifty men, which was now accidentally increased by a small detachment of dragoons, which had arrived from Charleston a few hours before the appearance of the American troops, on its way to Camden with despatches for Lord Rawdon. Captain M'Pherson commanded, an officer highly and deservedly respected.

Opposite to Fort Motte, to the north, stood another hill, where Mrs. Motte, having been dismissed from her mansion, resided, in the old farmhouse. On this height Lieutenant-Colonel Lee with his corps took post, while Brigadier Marion occupied the eastern declivity of the ridge on which the fort stood.

The vale which runs between the two hills admitted our safe approach within four hundred yards of the fort. This place was selected by Lee to break ground. Relays of working parties being provided for every four hours, and some of the negroes from the neighbouring plantations being brought, by the influence of Marion, to our assistance, the works advanced with rapidity. Such was their forwardness on the 10th, that it was determined to summon the commandant.

A flag was accordingly despatched to Captain M'Pherson, stating to him with truth our relative situation, and admonishing him to avoid the disagreeable consequences of an arrogant temerity. To this the captain replied, that, disregarding consequences, he should continue to resist to the last moment. The retreat of Rawdon was known in the evening to the besiegers; and in the course of the night a courier arrived from General Greene confirming that event, urging redoubled activity, and communicating his determination to hasten to their support. Urged by these strong considerations, Marion and Lee persevered throughout the night in pressing the completion of their works. On the next day, Rawdon reached the country opposite to Fort Motte; and in the succeeding night encamping on the highest ground in his route, the illumination of his fires gave the joyful annunciation of his approach to the despairing garrison. But the hour was close at hand, when this joy was to be converted into sadness.

The large mansion in the centre of the encircling trench, left but a few yards of the ground within the enemy's works uncovered; burning the house must force their surrender.

Persuaded that our ditch would be within arrow shot before noon of the next day, Marion and Lee determined to adopt this speedy mode of effecting their object. Orders were instantly issued to prepare bows and arrows, with missive combustible matter. This measure was reluctantly adopted; for the destruction of private property was repugnant to the principles which swayed the two commandants, and upon this occasion was peculiarly distressing. The devoted house was a large, pleasant edifice, intended for the summer residence of the respectable owner, whose deceased husband had been a firm patriot, and whose only marriageable daughter was the wife of Major Pinckney, an officer in the South Carolina line, who had fought and bled in his country's cause, and was now a prisoner with the enemy. These considerations powerfully forbade the execution of the proposed measure; but there were others of much cogency, which applied personally to Lieutenant Colonel Lee, and gave a new edge to the bitterness of the scene.

Encamping contiguous to Mrs. Motte's dwelling, this officer had, upon his arrival, been requested in the most pressing terms to make her house his quarters. The invitation was accordingly accepted; and not only the lieutenant colonel, but every officer of his corps, off duty, daily experienced her liberal hospitality, politely proffered and as politely administered. Nor was the attention of this amiable lady confined to that class of war which never fail to attract attention. While her richly spread table presented with taste and fashion all the luxuries of her opulent country, and her sideboard offered without reserve the best wines of Europe--antiquated relics of happier days--her active benevolence found its way to the sick and to the wounded; cherishing with softest kindness infirmity and misfortune, converting despair into hope, and nursing debility into strength. Nevertheless the obligations of duty were imperative; the house must burn; and a respectful communication to the lady of her destined loss must be made. Taking the first opportunity which offered, the next morning, Lieutenant Colonel Lee imparted to Mrs. Motte the intended measure; lamenting the sad necessity, and assuring her of the deep regret which the unavoidable act excited in his and every breast.

With a smile of complacency this exemplary lady listened to the embarrassed officer, and gave instant relief to his agitated feelings, by declaring, that she was gratified with the opportunity of contributing to the good of her country, and that she should view the approaching scene with delight. Shortly after, seeing accidentally the bows and arrows which had been prepared, she sent for the lieutenant colonel, and presenting him with a bow and its apparatus imported from India, she requested his substitution of these, as probably better adapted for the object than those we had provided.

Receiving with silent delight this opportune present, the lieutenant colonel rejoined his troops, now making ready for the concluding scene. The lines were manned, and an additional force stationed at the battery, lest the enemy, perceiving his fate, might determine to risk a desperate assault, as offering the only chance of relief. As soon as the troops reached their several points, a flag was again sent to M'Pherson, for the purpose of inducing him to prevent the conflagration and the slaughter which might ensue, by a second representation of his actual condition.

Doctor Irvine, of the legion cavalry, was charged with the flag, and instructed to communicate faithfully the inevitable destruction impending, and the impracticability of relief, as Lord Rawdon had not yet passed the Santee; with an assurance that longer perseverance in vain resistance, would place the garrison at the mercy of the conqueror; who was not regardless of the policy of preventing waste of time by inflicting exemplary punishment, where resistance was maintained only to produce such waste. The British captain received the flag with his usual politeness, and heard patiently Irvine's explanations; but he remained immovable; repeating his determination of holding out to the last.

It was now about noon, and the rays of the scorching sun had prepared the shingle roof for the projected conflagration. The return of Irvine was immediately followed by the application of the bow and arrows. The first arrow struck and communicated its fire; a second was shot at another quarter of the roof, and a third at a third quarter; this last also took effect, and, like the first, soon kindled a blaze. M'Pherson ordered a party to repair to the loft of the house, and by knocking off the shingles to stop the flames. This was soon perceived, and Captain Finley was directed to open his battery, raking the loft from end to end.

The fire of our six pounder, posted close to one of the gable ends of the house, soon drove the soldiers down; and no other effort to stop the flames being practicable, M'Pherson hung out the white flag. . . . . Powerfully as the present occasion called for punishment, and rightfully as it might have been inflicted, not a drop of blood was shed, nor any part of the enemy's baggage taken. M'Pherson and his officers accompanied their captors to Mrs. Motte's, and partook with them of a sumptuous dinner; soothing in the sweets of social intercourse the ire which the preceding conflict had engendered.

THE FATHER OF HIS COUNTRY.

(_From the funeral oration, 1800._)

First in war--first in peace--and first in the hearts of his countrymen, he was second to none in the humble and endearing scenes of private life; pious, just, humane, temperate, and sincere; uniform, dignified, and commanding, his example was as edifying to all around him, as were the effects of that example lasting.

To his equals he was condescending, to his inferiors kind, and to the dear objects of his affections exemplarily tender; correct throughout, vice shuddered in his presence, and virtue always felt his fostering hand; the purity of his private character gave effulgence to his public virtues.