"Never," testifies Lafayette, who commanded part of the advance and fought through the whole battle, "was General Washington greater in war than in this action. His presence stopped the retreat. His dispositions fixed the victory. His fine appearance on horseback, his calm courage, roused by the animation produced by the vexation of the morning, gave him the air best calculated to excite enthusiasm."[447]

When Washington was preparing the final stroke, darkness fell. The exhausted Americans, their clothing drenched with sweat, slept on their arms upon the field of battle, their General-in-Chief himself lying on the ground among the living, the wounded, and the dead. Somewhere on that hard-fought ground, Captain-Lieutenant John Marshall stretched himself by his comrades. Washington was determined to press the attack at break of day. But at midnight the British stole away so silently that the Americans did not hear a sound from their retreat.[448] The Americans lost eight officers and sixty-one privates killed, one hundred and sixty wounded, and one hundred and thirty missing. The British left more than two hundred and fifty dead upon the field.[449]

Upon Charles Lee most accounts of the battle of Monmouth have placed the brand of infamy. But John Marshall did not condemn Lee utterly. There were, it appears, two sides of the business—the difficulty of the ground, the mistake made by Scott, a reinforcement of the British rear, and other incidents.[450] These appealed even to Washington when the calm of judgment returned to him after the battle was fought and his blazing wrath had cooled; and had Lee not sent insulting letters to the Commander-in-Chief, it is probable that no further action would have been taken.[451]

Marshall had been in the fight from first to last; he had retreated unwillingly with the other five thousand men whom Lee commanded; he was a fighting man, always eager for the shock of arms; he cherished a devotion to Washington which was the ruling attachment of his life—nevertheless, Marshall felt that more was made of Lee's misconduct than the original offense deserved. Writing as the chosen biographer of Washington, Marshall gives both sides of this controversy.[452]

This incident throws light upon Marshall's temperament. Other historians in their eulogy of Washington, have lashed the memory of Lee naked through the streets of public scorn. Marshall refuses to join the chorus of denunciation. Instead, he states the whole case with fairness.[453]

Three days after Monmouth, he was promoted to a full captaincy;[454] and, as we have seen, he had been made Deputy Judge Advocate at Valley Forge. Holding these two offices, Marshall continued his military service.

The alliance with the French King, followed by the American success at Monmouth, lulled the patriots into an unwarranted feeling of security. Everybody seemed to think the war was over. Congress became more lethargic than ever, the States more torpid and indifferent. The British had seized the two points commanding King's Ferry on the North River, thus cutting the communication between the small American forces on opposite sides of the Hudson.[455] To restore this severed connection was important; and it was essential to arouse once more the declining interest of the people. Washington resolved to take Stony Point, the then well-nigh impregnable position dominating King's Ferry from the New Jersey side.

A body of light infantry was carefully selected from all ranks. It was the flower of Washington's troops in health, stability, courage, and discipline. Upon this "élite of the army," says Dawson, "the safety of the Highlands and, indirectly, that of the cause of America, were dependent."[456] This corps of picked soldiers was intended for quick and desperate enterprises of extra hazard. John Marshall was one of those selected.[457] Their first notable task was to take Stony Point by assault. Anthony Wayne was placed in command. "I have much at heart," Washington told Wayne, in the capture of this position, "the importance of which ... is too obvious to need explanation."[458]

Yet even to these men on missions of such moment, supplies came tardily and in scant quantities. Wayne's "men were almost naked."[459]