The Liberty Bell and John Marshall

This day in 1835 the Liberty Bell famously cracked. Unfortunately more people know more about the crack in the bell than the man who the bell was rung for that day. The fourth and greatest Chief Justice John Marshall died two day earlier on July 6 2007 and he has been slighted by the schoolbooks of today. His contribution to America is only bested by his hero George Washington and James Madison, the father of the document he revered. In honor of Marshall I will make a foolhardy attempt to briefly cover his life and impact on the nation.

Marshall is the quintessential American; Historian Jean Edward Smith described Marshall as the “Definer of the Nation.” His famous decisions such as Marbury v Madison, Gibbons v Ogden, and McCullough v Maryland are still good law. He helped unite a still fractured nation under the Constitution and established an independent judiciary, which is marvelous thing when Justices such as Marshall, Rehnquist, and Roberts look to the Constitution and not their own political desires such as Earl Warren.

Unfortunately a few famous cases is all most people know about John Marshall. His life is an amazing story; his father Thomas Marshall was a self-educated man living in the Virginia Frontier. He fought with and befriended George Washington in the Virginia Militia. He encouraged his son to read, and when possible found his son formal schooling. During the Revolution both Marshall’s fought for Independence. John became an officer immediately and was put in an elite unit. He spent the winter at Valley Forge and fought in the first battle under the American Flag. He defended Richmond as Thomas Jefferson ran away.

After his time as soldier he attended law school at William and Mary under the direction of the well-known George Wythe who also taught Jefferson, Clay, and Monroe. He moved from the Virginia Frontier to Richmond where he practiced law and was elected to the state legislature; he also served as a City Councilman. He was well known as one of the best lawyers in the Country. He was called to serve as a diplomat to France in the early Adams administration. He was the man who refused to bribe the French minister in the XYZ affair. He returned home a Hero and he planned on practicing law and making money, but others had different plans. Retired at Mt Vernon George Washington “convinced” Marshall to run for Congress. As a Federalist he was elected in Republican Richmond, because of his popularity form the XYZ affair, his popularity with his neighbors in general, and he opposed the Sedition Act. His popularity was so great that even the arch Anti-Federalist Patrick Henry endorsed John Marshall. Also Marshall was apparently an expert at campaigning at the bars. As a Congressman Marshall was Adam’s go to guy in the House, but he lead other moderate federalist in the repeal of the Sedition Act. He considered it an affront to liberty and repugnant to the Constitution.

Later in his administration John Adams removed cabinet members more loyal to Hamilton than himself; he appointed Marshall to be Secretary of State, and when Adams was gone Marshall was the acting chief executive. In the final days of his administration Adams appointed Marshall to be Chief Justice. In addition to the above-mentioned cases Marshall did much more to serve his country. Most notably he wrote a five-volume biography of George Washington that was the best of its time. He also maintained a healthy relationship with the other justices. He was able to bring together federalist firebrands such as Justice chase with Jeffersonian appointees. During the War of 1812 he joined Richmond’s Committee on Vigilance and lead the sub committee on fortification. This was not a ceremonial role for the Chief Justice of the United States. He made sure his hometown was ready to defend itself against attack. Personally I think this is what defines Marshall as the quintessential American; he was man who loved his country and wanted to unify it, but he was always dedicated to his community and family.

He got along with Presidents Madison, Monroe, and J.Q. Adams; he vacationed with Monroe and took daily walks with Adams. His feud with Jefferson was well known. The two were distant cousins, but Jefferson live on a plantation with slaves while Marshall was from the frontier and opposed slavery. The Chief Justice favored checks and balances, while Jefferson did not believe a judiciary should thwart the majority of the moment. Marshall also did not have a great relationship with Andrew Jackson, who even Thomas Jefferson considered too democratic. He famously asked Marshall to enforce his decision concerning the relocation of Indian Tribes.

It is fitting that the Liberty Bell cracked honoring the recently deceased Marshall, for the demagogue Andrew Jackson replaced him with Chief Justice Taney; these two men caused the nation to be deprived of Liberty until the Civil War. An independent judiciary no longer checked the government, and the Taney Court declared all black men slaves.