The American army retreated to the Brandywine, where on the 9th of September Washington stationed all his forces except the light infantry on the left of the river. The position was skillfully chosen, but vague and conflicting reports308 of the movement of the British finally resulted in American disaster.
The light infantry was posted among the hills on the right of the stream along the road leading to Chadd's Ford, in order to skirmish with the British when they approached, and, if possible, prevent them from crossing the river. But the enemy, without much effort, drove the Americans across the Brandywine, neither side suffering much loss.309
Washington now made his final dispositions for battle. The command to which Marshall belonged, together with other detachments under the general direction of Anthony Wayne, were placed opposite the British at Chadd's Ford. Small parties of selected men crossed over and attacked the British on the other side of the stream. In one of these skirmishes the Americans "killed a British captain with ten or fifteen privates, drove them out of the wood and were on the point of taking a field piece." But large numbers of the enemy hurried forward and again the Americans were thrown across the river. Marshall was in this party.310
Thomas Marshall, now colonel,311 held the advanced position under Sullivan at the right; and his regiment did the hardest fighting and suffered the heaviest losses on that unhappy day. When Cornwallis, in greatly superior numbers, suddenly poured down upon Sullivan's division, he all but surprised the Continentals and drove most of them flying before him;312 but Colonel Marshall and his Virginians refused to be stampeded. That regiment "maintained its position without losing an inch of ground until both its flanks were turned, its ammunition nearly expended, and more than half the officers and one third of the soldiers were killed and wounded."313 Colonel Marshall had two horses shot under him. But, cut to pieces as they were, no panic appeared in this superb Virginia command and they "retired in good order."314
While Thomas Marshall and his Third Virginia Line were thus checking Cornwallis's assault on the right, the British charged, in dense masses, across the Brandywine, at Chadd's Ford, upon Wayne's division, to which Captain-Lieutenant John Marshall had been assigned. The Americans made a show of resistance, but, learning of the rout of their right wing, quickly gave way.315
"Nearly six hundred British … were killed or wounded; and the Americans lost eleven pieces of artillery and above a thousand men, of whom the third part were prisoners," according to the British statement.316 And by their own account the Americans lost three hundred killed, six hundred wounded, and between three and four hundred prisoners.317
Both British and American narratives agree that the conduct of the Continental troops at Brandywine was most unequal in stanchness, discipline, and, courage. John Marshall himself wrote: "As must ever be the case in new-raised armies, unused to danger and from which undeserving officers have not been expelled, their conduct was not uniform. Some regiments, especially those which had served the preceding campaign, maintained their ground with the firmness and intrepidity of veterans, while others gave way as soon as they were pressed."318
But the inefficiency of the American equipment gave some excuse for the fright that seized upon so many of them. For, testifies Marshall, "many of their muskets were scarcely fit for service; and being of unequal caliber, their cartridges could not be so well fitted, and consequently, their fire could not do as much execution as that of the enemy. This radical defect was felt in all the operations of the army."319
So ended the battle of the Brandywine, the third formal armed conflict in which John Marshall took part. He had been in skirmish after skirmish, and in all of them had shown the characteristic Marshall coolness and courage, which both father and son exhibited in such striking fashion on this September day on the field where Lafayette fell wounded, and where the patriot forces reeled back under the all but fatal blows of the well-directed British regiments.320
It is small wonder that the Americans were beaten in the battle of the Brandywine; indeed, the wonder is that the British did not follow up their victory and entirely wipe out the opposing patriots. But it is astonishing that the American army kept up heart. They were even "in good spirits" as Washington got them in hand and directed their retreat.321
They were pretty well scattered, however, and many small parties and numerous stragglers were left behind. Maxwell's men, among whom was John Marshall, were stationed at Chester as "a rallying point" for the fragments which otherwise would disperse or be captured. Much maneuvering followed by both British and Americans. At sight of a detachment of the enemy approaching Wilmington, the Delaware militia "dispersed themselves," says Marshall.322 Soon the two armies again faced one another. Marshall thus describes the situation: "The advanced parties had met, and were beginning to skirmish, when they were separated by a heavy rain, which, becoming more and more violent, rendered the retreat of the Americans a measure of absolute necessity."323
Through a cold and blinding downpour, over roads deep with mud, Captain-Lieutenant Marshall marched with his retreating comrades. All day they struggled forward, and nearly all night. They had no time to eat and little or no food, even if they had had the time. Before the break of a gray, cold, rainy September dawn, a halt was called, and an examination made of arms and ammunition. "Scarcely a musket in a regiment could be discharged," Marshall records, "and scarcely one cartridge in a box was fit for use," although "forty rounds per man had just been drawn" – this because the cartridge boxes had been ill-made and of improper material.
Gun locks were loose, declares Marshall, because flimsily put on; the muskets were scarcely better than clubs. Hardly any of the soldiers had bayonets.324 "Never" had the patriot army been "in such imminent peril," he asserts – and all because of the inefficiency or worse of the method of supplies. Well might Washington's dilapidated troops thank Providence for the bitter weather that drenched through and through both officers and men and soaked their ammunition, for "the extreme severity of the weather had entirely stopped the British army."325
Yet Washington was determined to block the British march on Philadelphia. He made shift to secure some fresh ammunition326 and twice moved his army to get in front of the enemy or, failing in that, "to keep pace with them."327 To check their too rapid advance Washington detached the troops under Wayne, among whom was John Marshall.328 They found the "country was so extensively disaffected that Sir William Howe received accurate accounts of his [Wayne's] position and of his force. Major-General Grey was detached to surprise him [Wayne] and effectually accomplished his purpose." At eleven o'clock at night Grey drove in Wayne's pickets with charged bayonets, and in a desperate midnight encounter killed and wounded one hundred and fifty of his men.329 General Smallwood, who was to have supported Wayne, was less than a mile away, but his militia, who, writes Marshall, "thought