John
Marshall (1755-1835)
4th Chief Justice of the USA
Born 24 September 1755 Prince
William County, Virginia
Died 6 July 1835
Married 3 January 1783
Mary Ambler
S.P.
Born in Prince William County (now Fauquier), Virginia, his
father moved the family
from there before John was ten years old to a
valley in the Blue Ridge
Mountains, about 30 miles away. Unlike most
frontier dwellings, the
home built by his father was of frame
construction rather than
log and was one and a half story.
Both parents, while not formally educated, were considered
adequately educated for
the times and could read and write. They held
a significant social, religious,
and political status in the newly
formed Fauquier County area.
Books were difficult to obtain on the
fontier and quite expensive.
But it is known that the Marshall home
had a bible, almost for
certain Shakespeare and Dryden, and definitely
Pope who John Marshall said
he had copied every word of the "Essay on
Man" and other moral essays
and had memorized many of the more
interesting passages by
the time he was twelve.
It is likely that Thomas Marshall was allowed access to Lord
Fairfax's library just as
his good friend, George Washington, was. His
very evident love of poetry
and literature was seein in his later
life.
In 1767, a young Scotch minister came to live with the Marshalls
for a year while he was
being 'tried out' by the congregation. This
provided John with his first
bit of formal education. In 1772 he
received his second time
of formal education at the academy of
Reverend Archibald Campbell
but perhaps more importantly, Blackstone's
"Commentaries" was published
in America and Thomas Marshall bought a
copy, not only for his own
use, but specifically for John to read and
study.
His parents had long before decided that John was to be a lawyer.
The last time of formal
education came in 1780 during a six week stay
at William and Mary College
where he attended the law lectures of
George Wythe. James Madison
was President of the college at that time
and it has been reported
that Marshall took a course in philosophy
from him. However, while
there are carefully made notes of Wythe's
lectures there are not any
for other courses.
Both father and son distinguished themselves during the
Revolutionary War. Thomas
Marshall was a trained fighter who had
earned the rank of captain
during the Indian Wars. Thomas was a major
at the out break of war
in a regiment of minute men raised by the
local counties of Culpeper,
Orange, and Fauquier. He was to end the
was as a full colonel and
the commander of Yorktown.
John Marshall joined the Culpeper Minute Men and was chosen
Lieutenant. Both he and
his father were at a number of the battles
well known even today such
as Great Bridge (also called "the little
Bunker Hill"), Brandywine,
Germantown, Monmouth, and ending, for John,
with a dashing episode as
a member of a detail from the Light Infantry
of Virginia under the command
of Major Henry Lee.
Marshall was a captain. The detail kept in close contact with the
British forces around New
York. The enemy had erected a fortified
position at Powles Hook,
a point of land on the west side of the
Hudson, opposite New York
and had garrisoned it with several hundred
men. Lee and Marshall decided
to surprise the garrison and capture it.
With Washington's approval
Lee's men marched all night of Autust 18,
1779, moving stealthily
through the steep hills, passed the main group
of the sound sleeping British
army, and at three in the morning
entered the British position
and captured all with the loss of two
Americans killed and three
wounded. The prisoners were taken back to
American lines. The event
caused a resurgence of spirit in the patriot
forces and much humiliation
for the British.
It was during the time between the adventure at Powles Hook and
his last combat during Benedict
Arnold's invasion that Marshall met
Mary Ambler. Mary's father
was Jacquelin Ambler who Rebecca Burwell
married rather than Thomas
Jefferson. Upon meeting Mary fell in love
with John Marshall, in disregard
that he was an indifferent dresser,
often wearing mismatched
clothing and an old slouch hat, and rather
rustic in bearing. They
married on January 3, 1783. By then John
Marshall was a member of
the bar in Virginia and a member of the
Legislature. Their marriage
lasted almost 49 years, until her death on
December 25, 1831, and is
a story of deep love and devotion. Mary
became an invalid soon after
they were married.
Marshall's private law practice flourished. He became a well
known attorney but his dress
habits didn't change. One potential
client, seeing him pass
by on the street, exclaimed he would never
hire a man looking like
that even to do physical labor. The story goes
that the fellow then hired
the fanciest dressed attorney he could find
for the customary one hundred
dollars. However, he kept hearing from
all to whom he talked that
Marshall was the best. Finally, he went to
court to hear Marshall and
was so deeply impressed that he pleaded
with him to take the case.
There was a slight problem, the fellow had
paid the fancy lawyer and
only had five dollars left. Marshall took
the case.
During this period he was politically active in Virginia and
served in the House of Delegates
(1782-1790, 1795-1796). He became a
leader of the Federalist
party in that state and started his long-time
political rivalry with Thomas
Jefferson who had fallen out with the
Virginia Federalists.
In 1797, President John Adams appointed him to the American
Mission to France to aid
in the trade negotiations. Marshall's
steadfast refusal to bow
down to French demands for bribes to
Talleyrand and others caused
a deepening of the rift between France
and the United States. Thomas
Jefferson attacked the negotiators and
defended Talleyrand. John
Marshall returned to the United States to be
enthusiastically received
by most of the country.
President Adams asked him to become an Associate Justice of the
Supreme Court but Marshall
refused. In 1799 he ran for a seat in the
House of Representatives
and won. His close alliance with President
Adams continued and in 1800
Adams appointed him Secretary of State. In
January 1801, after loosing
his re-election bid to Jefferson, Adams
appointed Marshall Chief
Justice of the United States, making him the
fourth one. Marshall continued
as Secretary of State for the remaining
two months of Adam's term.
President Adams made a number of "midnight" appointments just as
his presidency was ending.
He appointed forty two persons to be
justices of the peace for
the Counties of Washington and Alexandria in
the District of Columbia.
The Federalist Senate confirmed them, and
the commissions were signed,
sealed, but not delivered. After Thomas
Jefferson was inaugurated
he directed Madison, as Secretary of State,
to issue commsissions to
twenty-five of the persons appointed by
Adams, but to withhold the
commissions from the other seventeen. Among
the latter was William Marbury,
Robert Townsend Hooe, Dennis Ramsay,
and William Harper.
These men applied to the Supreme Court for a writ of mandamus
compelling Madison to deliver
their commissions. The suit, 'Marbury
versus Madison' (1803),
became a landmark case establishing the
practice of Judicial Review
by federal courts over acts of the other
two branches of government.
The federal courts were under a sustained and determined attack
by President Jefferson and
the Republican Party who wished to bring
the courts under the domination
of the executive branch. Marshall's
opinion in 'Marbury versus
Madison' showed his intellectual and moral
force and foreshadowed the
views he would express in later decisions.
Throughout his tenure with
the court he was deeply concerned with
preserving private property
rights, the enhancement of the prestige
and power of the court,
and the establishment of a strong, central,
federal power.
After becoming Chief Justice Marshall was asked by the nephew of
George Washington, Bushrod
Washington, to write the official
biography. This was a task
that Marshall was unprepared to do, having
no knowledge of the difficulties
in researching and writing a
biography, but he needed
the financial return that was expected.
Several years before he
had purchased the Fairfax estate and still
owed a great deal to the
present heir. The five volume biography took
over four years to write
and met with a very mixed and critical
reception. Thomas Jefferson
was incensed and called it a "five-volume
libel" and a "party diatribe".
There is perhaps some justification in
Jefferson's perturbation.
Only two pages are given to the writing of
the Declaration of Independence
and a footnote credits its author,
"..the draft reported by
the committee has been generally attributed
to Mr. Jefferson." Never
satisfied with the first editiom, Marshall
spent almost twenty years
in revising it.
The story of the trial of Aaron Burr for treason is replete with
intrigue, abusive use of
executive power by Jefferson, and an attempt
to keep the court from hearing
the case by suspending the privilege of
habeas corpus.
Senator Giles, Jefferson's personal representative in the Senate,
got the measure passed along
with an unheard of special, confidential
message to the House requesting
passage of the bill without delay. The
Senate bill provided that
"in all cases, where any person or persons,
charged on oath with treason,
misprision of treason, or other high
crime or misdemeanor...shall
be arrested or imprisoned...the privilege
of the writ of habeas corpus
shall be...suspended, for and during the
term of three months."
The House was astounded and Representative Thompson of Virginia
moved the "message and the
bill received from the Senate ought not to
be kept secret and that
the doors be opened." His motion was adopted
by 123 yeas and 3 nays.
A motion was made to reject the Senate bill
and after a short, angry
exchange by various factions, the motion was
passed 113 yeas to 19 nays.
This left the way open for Marshall to
consider whether or not
the trial belonged within the jurisdiction of
the Supreme Court. Marshall
did find that the Supreme Court was the
proper jurisdiction and
the trial was held. His opinion destroyed the
law of "constructive treason."
Source: Richard Dixon, for The American
Revolution
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