John Marshall.
America has been bountifully blessed with great and good men. Washington 'The
father', I was about to say 'founder of his country'; Jefferson who taught us the
beauty of plain dress but rich manners; Hamilton who placed a tottering treasury
upon a strong foundation...Great indeed were all of these, but there was born in
Fouquier county, Virginia, on the 24th day of September, 1755, a child who was
to be known to all posterity as the great Chief Justice of the United States. This was John Marshall.
He was the eldest of a family of fifteen children. In early boyhood he took
an interest in poetry and was perfectly familiar with Dryden, Pope, Milton and
Shakespeare. He was for many years full of dreamy romance and poetical
enthusiasm, and his solitary meditations were usually amid the wildest scenery.
After a short college course at West Moreland, where he had as a
fellow-student James Monroe, and a further classical education under a resident
clergyman; he, at eighteen, began the study of law, but enlisted to fight the
British before he obtained a license to practice. He soon took a part with his
regiment, of which his father was major, in the battle of Great Bridge leading,
as lieutenant, in a flanking party which advanced in the face of a murderous
fire and put an end to the engagement.
He belonged to the Culpepper Minute-men, who wore green hunting shirts with
"Liberty or Death" on the[174] bosom in white letters, and who carried a banner
which displayed a coiled rattlesnake with the motto, "Don't tread on me." He took a part in the battle of Brandywine, Germantown and Monmouth; he shared the
hardships of Valley Forge; in fact saw almost continuous service from the time
he enlisted at the beginning until the glorious end, for which he had so
sanguinely waited, came.
Meanwhile he had studied some, and had attended a course of lectures
delivered by the renowned Mr Wythe at William and Mary College, and had secured
a license to practice. At the close of hostilities he commenced business as an
attorney; with marked success from the first.
That extraordinary comprehension and grasp of mind by which difficulties were
seized and overcome without parade, commended the attention of the courts of
justice; and his sweet temper and loving ways gained for him a host of friends.
Such a man, who possessed not only ability but a perfect control of himself,
must succeed. He soon rose to distinction, being
elected to a seat in the council of the State. He was married in 1783 to the
daughter of the State treasurer and moved to Richmond.
In spite of this removal his old neighbors re-elected him to represent their
county, and in 1787 he became a member from his adopted county, Henrico. As is
well-known, the Federal constitution was considered by many an approach to
monarchy. It was held by Jefferson and many of his followers as tending toward
that state of things of which they had so much to fear. At the Virginia
Convention, assembled to discuss the constitution drawn up at Philadelphia,
where great opposition was[175] developed, Mr. Marshall's speech had a crushing
effect on its assailants. He next became a member from Richmond, that city now
being entitled to a representative, where he remained for three years.
Virginia was the headquarters of the State rights party, headed by Jefferson.
Mr. Marshall supported the administration of Washington, defining the Federal
view so clearly that it carried conviction, yet so calmly and with such
moderation of tone, that when he retired from that body in 1792 he left not an
enemy behind. He now devoted himself to his profession with unbounded success.
While attending to a large legal practice, he also frequently appeared at public
meetings in support of the administration of Washington.
In 1795 he was again a member of the House. In the violent debate over Jay's
treaty he became its champion, and by a most eloquent speech, before a body that
had condemned it, he secured an amendment to their resolution, reversing their
former decision, and the passage of one favorable to the policy. Washington
offered him a place in his Cabinet, but he refused, as it would interfere with
his profession; later he was offered the mission to France, which he also
declined. In 1797 President Adams sent another delegation to France, which he
accepted, and with Pickney and Gerry proceeded to Paris.
Upon his return he immediately resumed his practice, but was urged to defend
his party. Washington finally prevailed upon him to run for Congress, to which
he was elected in 1799. Even during the canvass Adams offered him a seat on the
Supreme Bench, which he declined. Within a few weeks from the time of his
entrance upon his duties as Congressman, he was called upon to announce in that
body the death of Washington. His[176]
words were few, but were ever remembered as producing a profound
impression.
Washington, the great Federal leader was dead. Virginia had passed the
resolution of 1798, recording her solemn protest, and the Republicans were
flushed with the daily increasing revulsion against the Federal Government. At
this crisis John Marshall appeared in Congress and stepped to the front as the
leader of his party. In 1800 he was appointed Secretary of War. Before he
entered upon his duties he is placed at the head of the Cabinet as Secretary of
State, and a few months later his name is sent by the President to Congress, and
is unanimously confirmed for the position of Chief Justice of the United
States.
John Marshall has been heretofore recognized as a man of great ability, and
now he takes a position which he holds for life, and where his influence is
paramount. On one occasion a young house-keeper was swearing lustily because he
could find no one to carry his turkey home for him. A plain man standing by
offered to perform the service, and when they arrived at the door the young man
asked, 'What shall I pay you, sir'? 'O nothing,' replied the old man; 'It was on
my way, and no trouble.' 'Who is that polite old gentleman,' asked the young man
of a bystander. The reply was, 'That is the Chief Justice of the United States.'
The young man drank the bitter cup without further comment.
An eminent writer once said of him: Here is John Marshall, whose mind seems
to be an inexhaustible quarry from which he draws the materials and builds his
fabrics rude and Gothic, but of such strength that neither time nor force can
beat them down; a fellow who would[177]
not turn off a single step from the right line of his argument, though a
paradise should rise to tempt him.
What more could be said of him,—only that he died at Philadelphia on the 6th of July, 1835; more would be superfluous.
Find the Grave of Chief Justice John Marshall