Product Description: A New York Times Notable Book of 1996
It was in tolling the death of Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life “reads like an early history of the United States,” as the Wall Street Journal noted, adding: Jean Edward Smith “does an excellent job of recounting the details of Marshall’s life without missing the dramatic sweep of the history it encompassed.”
Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Amazon.com Review: It's taken for granted today that the Supreme Court has final say on how the Constitution is interpreted, but this principle--hotly debated in the republic's early years -- was established by John Marshall (1755-1835), the fourth Chief Justice. Historian Smith's definitive biography, detailed and lucid, is a model of scholarly writing for the general public. The author claims our admiration for the justice and sparks affection for the man: warm, gregarious, fond of drink, a Federalist with the common touch, a seasoned political infighter who remained on good terms with his opponents.
A must-read for lawyers, law students and legal historians The life and times of John Marshall (1755 - 1835) make for exceptional reading. Although detailed and carefully researched, this excellent biography/history book/study of early constitutional law is written in an enjoyable, non-academic style. In addition to its captivating treatment of the revolutionary war, the evolution of basic governmental structures, and the Nation's other critically important early leaders, the book weaves together a nearly first-hand account of the foundations of the U.S. Supreme Court and its earliest and most enduring decisions.
Marshall was the 4th and longest serving Chief Justice of the United States Supreme Court. In his 34 years as Chief Justice, he personally shaped U.S. constitutional law, forged the Supreme Court into a strong and independent institution, and defined the powers of the federal government. He swore in presidents Adams, Jefferson, Madison, Monroe, Hamilton, Adams, and Jackson. And those were just the last 35 years of his life.
As a young man, he fought bravely in several key battles of the Revolutionary War, wintering at Valley Forge in 1777. He became acquainted with General George Washington and the two thereafter held each other in very high regard. On the state level, Marshall served in the Virginia House of Delegates and on the Virginia Counsel of State. Respected as a lawyer and state politician, he was appointed to serve as a delegate to the Virginia convention tasked with accepting or rejecting the United States Constitution and was instrumental in fighting for its ratification.
Marshall's pre-Supreme Court contributions to the Federal government were also significant and interesting. In 1797, President Adams appointed him to a three person delegation to negotiate with France, an unusual episode that came to be called the "XYZ Affair." French ministers spent the better part of a year trying to extort huge bribes from Marshall and his colleagues. News of Marshall's steadfast refusal to pay the bribes preceded his return from Paris and he was received home as an American hero. In 1799 he was appointed the Nation's 4th Secretary of State. That same year, he reluctantly ran for and won a seat in the House of Representatives in a district heavily favoring the other party.
Over the years, Marshall's dedication to his law practice (and need for income) caused him to graciously decline several appointments, including Minister to France, Attorney General of the United States, Secretary of War and even an earlier Supreme Court position. Despite his many other commitments, Marshall felt compelled to write the first biography of his hero George Washington - a well-received five volume set that today is condensed and marketed as a single volume. Marshall delivered the eulogy at Washington's massive memorial service. Lastly, but worth noting, the famous crack in the Liberty Bell occurred while ringing in honor of Marshall's passing.
Next to George Washington, he may be the most important and most admirable of all our founding fathers.
Full, sympathetic and informed biography of the greatest Chief Justice This is a full-length, 500 page biography of the fourth Chief Justice of the U.S. Supreme Court, John Marshall. It is superb. It is very detailed, yet easy to read. Smith follows the conventional chronological format for a biography, starting with Marshall's birth, and then describing his life sequentially from his childhood, his education, his youthful service as a light infantry officer in the Revolution, his work as a lawyer, his early political career, his rise to national fame as an envoy to France during the time when the nation almost went to war with France during the Adams Administration, his service as Secretary of State to John Adams and finally his long service for 35 years as the Chief Justice who established the power and prestige of the Supreme Court.
What I find most admirable about this book is its balance. It gives you everything that you want in a biography. It is very scholarly, and very readable. It gives you a very good sense of John Marshall, the human being, but it also fully explains the significance of the events in which Marshall participated. As an example of the human side of Marshall, Smith gives us a very moving picture of Marshall's lifelong love affair with his wife, Polly, starting with the dramatic courtship by the penniless young officer and ending with the 80 year old Chief Justice walking twice a week to visit her grave. As an example of how Smith explains the significance of what Marshall did, not only did Smith explain the key decisions, but he gives the facts on what impact they had. In the steamship case, for example, Smith both explains the legal and political issues and gives the economic statistics on what effect the decision had on trade.
I highly recommend this book, both for the excellence of its writing and the importance of its subject matter. John Marshall is one of the most important people in American history. He was instrumentals in making real the balance of the Constitution envisioned by Madison and Hamilton in the Federalist Papers. He was critical in creating the pre-conditions needed for America to be a rich and prosperous nation, with great opportunity for the great majority. Marshall was also a wise and a good man, which shines through on every page of this book. The book is worth reading, finally, as a way to come to know such an extraordinary man.
A Finely Written, Interesting Book of Substance Not all historians are fine, interesting writers. Fortunately, Jean Edward Smith is a superb writer, making Chief Justice Marshall's long life an interesting, even fun, read. Moreover, the writing paralells the substance contained in the Book. I wish all historical biographies were of this quality. Buy the Book.
I put off reading it - then couldn't stop This was one of those books I knew I SHOULD read, but its heft put me off for months. When I finally did pick it up, I couldn't put it down.
John Marshall doesn't have the cache or enduring fame that George Washington, Thomas Jefferson, or many others have - and it's a shame. He formed the institution of the Supreme Court, and in so doing, shaped many of the ways our country (tenuous at the time, mind you) began its journey, and perhaps why we've endured this long.
The author does a fantastic job of painting a picture of life in the day, John Marshall's life and contributions, and how he and others in his era related to each other and the world at large. The cases that came before the early SCourt were fascinating, if only to illustrate the thorny issues and perils of the time. The extent to which he was able to be brilliant, rationale, and to build consensus focused on the original intent and vision for this country is impressive, and sorely needed today.
Funny story - I finally DID start reading this book on the beach in Mexico. Not quite the fluff one typically carries to the beach. The first day, people remarked as such, and by about day 3 or 4, they are saying "wow, you are really making progress on that!" as the bookmark moved steadily towards the back.
Don't wait for the beach - get started!
The title says it all............ .....though we can still debate whether he defined it correctly. John Marshall, fourth Chief Justice of the Supreme Court was, and remains, one of the absolute giants of our history. Washington fought the battles, Jefferson and Madison composed the theories, but it remained for Marshall to elucidate what it all meant. This is, to my mind, the definitive biography of a titan.
John Marshall was born in what is now Northern Virginia in 1755, the child of a fairly well off family. On his mother's side, he was descended from the famous Randolphs; his father was a surveying associate of George Washington. His dad taught him a love of education and good books that continued all his days. Before embarking on a career in Law, Marshall was a soldier of the Revolution, serving with Washington in several major battles. After marriage to young Polly Ambler, he was a law student of the great George Wythe [also the law teacher of Jefferson, and of Spencer Roane] at William & Mary. Successful practice, and politics, soon followed...Marshall served on the Governor's Council, and was the leading advocate for Constitutional ratification in the Virginia convention; his battles with Patrick Henry are the stuff of legend [though they served as co-counsel in several cases]. He was a constant supporter of Washington, served as one of Adams' three ministers to France in the XYZ affair, and was briefly a Congressman and Secretary of State. He it was who said of Washington "First in War...", though he let Light Horse Harry Lee speak the words, and get the credit. In 1801, John Adams made a "midnight appointment" of Marshall to be Chief Justice, preventing the incoming President Jefferson from making his own choice...
For the next 34 years, Marshall solidified Federal power, freely interpreting the interstate commerce clause, and the clause which allows Congress to make enabling legislation. Marbury v. Madison asserted the right of judicial review, and further cases expanded it. He wrote the judicial opinions that remain the basis of Federal centrilization of power to this day. Smith gives great detail of individual cases.
One of Marshall's great strengths, and we shouldn't make light of it, was that he was a nice guy. A sociable host, his friends loved him, but even total strangers could find him thoroughly modest and charming. Quoits, and good Madiera were real passions. Even his enemies [with two profound exceptions] liked him. His basic decency certainly aided his consensus building.....
...the two exceptions were Spencer Roane and Thomas Jefferson. Roane was the son-in-law and political ally of Patrick Henry. A long time neighbor of Marshall, and Chief Justice of the Virginia Supreme Court, Judge Roane believed completely in States Rights and held the US Constitution to be a voluntary compact of free and independent states that could be broken at will. What Spencer Roane proposed, Jeff Davis disposed... Alas, where Marshall was a prince among men, Judge Roane was of such acid, unpleasant, temperment that even his friends and allies couldn't stand him...
....and then there was Mr. Jefferson. The feud between Marshall and Jefferson is one of the absolute central themes of American history. It was multidimensional...personal, familial, political, philosophical...for about 40 years, the conflict was one of cordial, respectful, dislike; after the Aaron Burr treason trial of 1807, it turned into blind, unreasoning hatred. Part of it was rivalry between branches of the Randolph family; part was Jefferson's civilian service during the revolution while Marshall was in the field; part was publication of a letter to Jefferson from his daughter stating "Mrs. Marshall is insane" [sadly, true]. Mostly, the problem was that Marshall and Jefferson had totally different theories of government and visions of America. [They agreed about religion, though Marshall was a founder of, and regular attender at, Monumental Church in Richmond]. In 1807, Aaron Burr was charged with treason, accused of wanting to set up his own empire. He was tried in Richmond, with Marshall sitting as trial judge. Marshall's friend, neighbor, and occasional law partner John Wickham served as defense counsel, along with the drunken genius, Luther Martin. In what is today generally considered a rigged trial, Burr was acquitted. During this trial, an incident occured that is the only evidence of improper conduct on John Marshall's part that I can find; while Burr was out on bail, Wickham threw a grand dinner party for him. Marshall was invited [not improper], went, and stayed the whole evening. You can well imagine the spin that sympathetic Jefferson biographers put on this; Smith doesn't mention it.
John Marshall was a great and brilliant man; he was also a good and decent man. He had his problems; Polly was an invalid with a combination of physical and mental problems for years...one of his sons was essentially worthless. Thru it all, John Marshall was faithful to both his public and private duties. Now, I'll get personal....my copy of this wonderful book was a Christmas present my wife bought me at the John Marshall House in Richmond. Located at 9th. and Marshall, near the Capitol, it is lovingly maintained by a fine staff of really nice people [the Director even helped me with research for a small biography I wrote of Spencer Roane]. The house, and Marshall's grave in Shockhoe Cemetery a few blocks away, are cared for as monuments to greatness, which they are. The house is nice, but not spectacular; Marshall was a modest, unassuming man [John Wickham's house, two blocks away, IS spectacular]. At the John Marshall House [yes, I contribute financially], and at his grave, I feel awe, intellectual interest, and profound respect; at Monticello, I feel reverence. Maybe I think Jefferson was right about the issues, but I can still look up to John Marshall. If you want to understand America, you need to read this book.
This is the best available biography of Marshall, maybe the best ever. If all you want is case histories, read Hobson; if you want a highly technical biography, read Newmyer; if you want to understand the great cases, AND the great man who decided them, start right here. Newmyer and Hobson wrote fine books, but any intelligent person [not just specialists] can read this one.....
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