National University - Docket Yearbook (Washington, DC)

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John oJ Iarshall An Editorial Biography ' JJ n these modern days when the forensic art and the pen so often are turned to purposes of distorted ends or the furtherance of selfish plans, it is whole- some and refreshing to read again the lines that were produced by John Marshall. Whether those lines sprang from discussions of local or state or national matters, th ere was no confusing of issues, no appeal to emotions. It was perhaps because of his capacity for searching the very core of his problems that he served his country best as statesman and jurist for, be it said, his analysis was unerring, his logic incontrovertible ; his conviction lay deep and upon that foundation he budded a progressive and illuminating argument. We read that John Marshall was born in our neighboring State of Virginia, in Fauquier, or what is now Midland, County, on September 24, 1755, and he came from the stock of Col. Thomas Marshall, who, we may judge, bred into this eldest son the very career that he was to follow. Col. Marshall had served with distinction in the French War and in the War of Independence. The mother was Mary Ivieth, a member of the well-known Randolph family. So we may see that John Marshall had the stuff in him, and we know that his ancestral blood was not betrayed. We quote : “He made the Constitution live, he imparted to it a breath of immortality, and its vigorous life at the present hour is due mainly to the wise interpretation he gave to its provisions during his long term of office.” Comparisons are usually unsound in any record, but consider for a moment what the strength of the Constitution might now be, or not be, were Marshall to have been swayed or influenced by, or had he been responsive to certain noisy elements of public opinion. Is not America a better place to live in because of him? Certainly, Marshall was faced with the same problems, though perhaps not as complex, as are the jurists of our day; truly, one misstep would have thwarted the purposes that were, we suggest, divinely engendered in him. But he did not make that misstep. And to turn to the colloquial, John Marshall told Congress where to get off in a fashion that was unmistakable. Whatever changes, therefore, that were brought about came from the people themselves and not from those whose thirst for power and satisfaction of their own designs and desires propa- gated unsound movements. Thus we discover the dominant characteristics of this man to have been directness and simplicity. Throughout all of the histories of him, we find an entire absence of any tendency toward pomp and display. There was no air of [ 9 ]

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ohn Marshall, born in Virginia, September 24th, 1755, as a youn g man served with the American forces during the War for Independence. After the war he took an active part in solving the problems of the new country. V hen President John Adams appointed him Chief Justice of the United States, he was well qualified and fitted by education, training and experience to deal justly and intelligently with these problems. He was learned in the law, a clear thinker and fearless. His sound application of legal principles to the dis- putes and difficulties raised by the new order of things and presented to his court was of the greatest importance and value in establishing the Government on a sound and firm foundation. John Marshall’s judicial work and its effect on American jurisprudence can- not be too carefully and thoroughly studied. John G. Sargent The Docket, 1928, has the privilege to present above a state- ment concerning the life and works of John Marshall , prepared for it by the Nation ' s highest legal officer, The Attorney General of the United States. [ 8 ]

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studied effect. He was tall and ungainly in appearance, even loose jointed, but there was an unfailing sense of humor which carried him over many trying times. And let it not be forgotten that in the heart of this man lay the deepest of respect for women and a reverence for religion. John Marshall served in Congress in 1898 and 1899 and, as elsewhere, he was a leader there. Then, he became Secretary of State and after a year of ser- vice was appointed Chief Justice. In 1831, Marshall’s usually robust body was struck by disease and though he recovered from several operations, his strength was gone never to return and he died in Philadelphia, July 6th, 1835. Then, as now, the passing of a great man was mourned. Then, as now, there were critics, prompted by uncertain and questionable motives, who lifted the shroud to besmirch a proud record. But now, as then, there are more who believe, than disbelieve, that John Marshall’s life and works will forever stand out as beacons of the sea of jurisprudence.