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John Marshall: Civilizing America
Peter B. Smith, PhD
John Marshall was Chief Justice of the Supreme Court of the United States from 1801 to 1835, a time which spanned the presidencies of Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, and Andrew Jackson. After the adoption of the Constitution, balance of power between the National Government and the States became a contentious issue. It smoldered constantly and on occasion flared in different regions of the Country. The Constitution addressed the power balance problem, but it needed frequent interpretation and this the Marshall Court did with daring, originality, and acumen. The Founders were striving for a strong National Government to protect the States without depriving them of their regional character and rights. The decisions rendered by the Marshall Court brought clarity to the application of the Constitution which in large measure established the legal foundation of our emerging Nation.
The Supreme Court at this time consisted of the Chief Justice and his six Associate Justices. They were not of the same cloth hailing from different regions of the country with different political philosophies, ranging from Federalism to Republicanism with the Tertium Quids thrown in for good measure. They were scholars and experienced judges capable of reasoned and well-written legal opinions. Several had elective legislative experience. Given this wealth of human energy it was John Marshall’s task to synthesize the best consensus opinion from a collective of these able and diverse minds. The danger of the process was that controversial aspects of national and state power would generate intractable disagreements followed by weakening concessions leading to ambiguous court decisions. And ambiguity in the law would be fatal to assuring the sceptical states of a fair deal from the National Government. When the process failed, as it did over admission of new states into the Union, nullification got on its feet and the drums of Civil War rolled.
John Marshall’s decisive leadership of the Supreme Court derived from his commanding physical presence, intellectual stature and worldly experience. This 6’4” raw-boned Virginian served with distinction in the Revolutionary War as a sharpshooter in the Continental Army. He fought in many of the early battles and endured the winter at Valley Forge. After the War, Marshall returned to Richmond, Virginia to establish a successful law practice and raise a large family with Polly, his spouse of forty-nine years. His excellence as an attorney coupled to his military heroism caught the eye of George Washington and set the stage for a life-long friendship and Marshall’s ascent in the National Government. His many activities—attorney, judge, Congressman, diplomat, Secretary of State, published historian and Chief Justice—kept this self-made man busy for all of his 80 years.
He was the eternal “fraternity brother” complete with the rollicking parties and rowdy companionship. His humor, mastery of the law and splendid reputation inspired good will wherever he went. At home in Richmond, he organized frequent community barbecues with abundant country cooking, games of strength and skill (many of which this fine natural athlete won), music, dancing, and the piece de resistance, tubs of a special punch John Marshall concocted from his own “highly Spirited” recipe. On all occasions Justice Marshall was renowned for his generosity, courtesy and patience. John Marshall did, however, have his detractors. There was one newspaper editor who criticized him during his Congressional election campaign for “plying the voter with liquor and dancing foolishly around bonfires at expensive barbecues” and, “He is the Barbecue Representative of Richmond.” President Jefferson got steamed up when Marshall Court rulings thwarted the President on certain Constitutional issues. President Jefferson in his correspondence with fellow politicians lambasted Justice Marshall for his “lax and lounging manners” and his “Twistifications” of the law. The Marshall Court continued to show Thomas Jefferson the error of his ways for the entirety of his two presidential terms. President Jefferson continued to write with his quill blazing about his second cousin’s twistifications!
Upon assuming the duties of Chief Justice, John Marshall proposed to his associate justices that they all live under the same roof at Conrad’s and McMunn’s Boardinghouse when court was in session. He further saw to it that they all took their evening meal together in the spacious parlor. The dining was particularly appealing to the justices because John Marshall with his polished hospitality was a terrific host making sure the proprietors had the best food and drink available. During those evening meals the Court discussed the complex issues of the term with great good cheer and a minimum of rancor. The uninterrupted pace of this setting encouraged free and easy exchange, which ultimately reached consensus and created the wise opinions we know today. The atmosphere of these gatherings is captured in the following sketch of wit and deep learning. It takes place during a visit by Josiah Quincy, President of Harvard College, to his friend Joseph Story, an Associate Justice of the Supreme Court:
Asked by Quincy about the "social life" while the Court was meeting Justice Story replied with a bit of haughty evasiveness: "We are great ascetics and even deny ourselves wine, except in wet weather." Professor Quincy reports that after a pause Story noting a tinge of incredulity on Quincy’s face quickly added: "What I say about wine, sir, gives you our rule; but it does sometimes happen that Chief Justice Marshall will say to me after dinner, 'Brother Story, step to the window and see if it looks like rain.' And if I tell him that the sun is brightly shining, Judge Marshall will reply: 'All the better, for our jurisdiction extends over so large a territory that the doctrine of chance makes it certain that it must be raining somewhere.' "
And out would come the decanters of Madeira. I am sure the other justices appreciated the shrewd and close reasoning their Chief exercised in interpreting the Law of the Land to justify a well-deserved glass or two after a full day of shaping the Nation.
Is this just old worn out American History? Hardly. For thirty-four years John Marshall led a Supreme Court, the composition of which changed frequently by death, retirement and new appointments made by five different Presidents. He was able to keep strong but pliant reins in place to guide the Court through deliberations that made many of our laws sensible and equitable. Does this teach us anything? Indubitably. What John Marshall teaches us is that most problems can be solved when smart, honest people gather in a spirit of conviviality to reason together. Try it out when Leadership comes your way and who knows…. you may turn out to be the Barbecue Doctor of … ! |