Evening Star Newspaper, December 13, 1931, Page 96

THE SUNDAY STAR, WASHINGTON, D. C, DECEMBER 13, 193L. Iirst in His Heart Was George Washington BY M. E. GILFOND. RIEND of George Washington, who stood with him at Brandywine, Ger- mantown, Valley Forge and other cam- paigns of the American Revolution, and who later became Chief Justice of the United States Supreme Court, the name of John Marshall, one of the earliest biog- raphers of the Father of His Country, will be eminently recalled during the forthcoming Bicentennial Celebration. The greatest jurist ever produced in America, and, indeed, one of the most outstanding jur=- ists the world has ever known, was born at Germantown (now Midland), Fauquier County, Va., on September 24, 1755. So overawing has been his judicial reputation that the world to- day knows him only as the United States Su- preme Justice who for 35 years was practically soge interpreter of the Federal Constitution, and the man who established the dignity and prestige of the highest court of America. But John Marshall was more than a jurist. He was, besides, a soldier, a member of the Btate Legislature, a member of the United Btates Congress, envoy to France, Secretary of Btate of the United States and an author—one of the most versatile men in the annals of American history. John Marshall had but a meager formal edu- cation. Schools in those days were not com- mon and young John received his early educa- tion on the knee of his father, Thomas Mar- shall, a friend and neighbor of George Wash- ington. Later his father procured for him the services of a tutor, Rev. James Thompson, an Episcopal clergyman recently arrived from Scot~- jand. At the age of 14 Marshail was sent to the academy of the Messrs. Campbell, in Westmore- land Ccunty, the same school that had been attended by George Washington and Thomas Marshall. One of his schoolmates was James Monroe, later to become the fifth President of the United States. Upon his return home, after one year of formal schooling, the young man’s thoughts were taken up with the approaching crisis be- tween the Colonies and the mother country, As early as 1774, John Marshall joined & regi- ment of volunteers and trained a company of militia, In the Summer of 1775, when hope for a settlement of the difficulties with the mother country was abandoned, a regiment of Minute Men was raised in Culpeper, Orange and Fau- quier Counties. Thomas Marshall was the major of this regiment, and his son, John, not quite 20 years of age, was a lieutenant. On their green hunting shirts, the mothers and sisters of these volunteers had inscribed the motto, “Liberty or Death!” Their banner pictured a coiled rattlesnake with the words “Do Not Tread on Me!” A green, untrained, poorly equipped regiment, with hunting rifles, knives and even tomahawks for weapons, the men nevertheless - evidenced 2 determination which was to prove uncrushable, N 1776, Marshall's regiment was sent to join Gen. Washington's forces in New Jersey. The young lieutenant immediately became one of the most popular men in the Army, both with the men and officers. Tall, strong and of great stamina, he soon was the athletic champicn of his regiment. In running, jumping and quoit throwing, young Marshall had no peer, His kindness, his good common sense, his geniality and his insight won for him the un- official title of arbiter of private disputes. Thus John Marshall’s training as a jurist commenced before he had ever read a page in a law book. From 1776 to 1779, Marshall saw service at Brandwine, Germantown, Valley Forge, Mon- mouth, Stony Point and Paulus Hook. Besides Jearning the art of war in these campaigns, Marshall learned a greater lesson. He realized the advantages that would accrue by central- tation and co-operation of the States. He had experienced the sad conditions which resulted from a loose confederation. He had suffered @< privations caused by disorganization. It can be said, without reservation, that his army experiences of those three years made of him pao intense advocate of strong, centralized gov- ermment for the rest of his life. In 1779, Marshall, now a captain, was sent back to Virginia to take charge of any new Eroops which might be raised there. While in Richmond, during the Winter of 1779-80, Mar- shall attended the law lectures of the famous George Wythe, at William and Mary College; mand, in the Summer of 1780, he received & license to practice law in Virginia. But when the British invaded his native State, he joined Baron Steuben’s forces until 1781, when he resigned his commission to return to study pnd practice of law. In 1782 Marshall was elected to the Virginia House of Burgesses, where he served until 1791, and again from 1795-1797. By 1795 John Mar- shall was already recognized as a leading mem- ber of the Virginia bar. A special "Virginia State convention was called in 1788 to decide whether or not Vir- inia would ratify the FPederal Constitution. Without doubt, this meeting was one of the most important and exciting ever held in the Oid Dominion State. There was a great deal of opposition to the document. Led by Patrick Henry, those opposed to the adoption of the Constitution put up a heated fight. If ghis new instrument of government were fdopted, the power of the States would be turtailed and liberty would be a thing of the Ppast, argued Henry and his followers, The forces for ratification were led by James son and John Marshall. A titanic strug- gle of intellects was waged. Without a great display of oratory or emotion, Madison and Marshall hammered home their points with logical arguments which proved irrefutable. it would not be amiss to say that, without the aid of these two masters of logic, the “Vir- ginia convention” would not have ratified the Coustitution N 1795, President Washington offered John Marshall the post of Attorney General of United States, and in 1796 the post of gnvoy to France. Both of these honors were Befused by the popular Virginia lawyer, as the John Marshall, Soldier, Statesman, Chief Justice and One of the Earliest Biographers of the Father of His Country, Who Was Hisl'riend and Hero, 117il] Be Honored in Bicentennial Celebration. John Marshall, from a portrait in the United States Capisol. idea of leaving Richmond for any length of time did not appeal to him. John Adams persuaded Marshall, in 1797, to join Charles Cotsworth Pinkney and Elbridge Gerry on a special mission to France. The purpose of this mission was to straighten out the difficulties which had arisen with our former ally. The FPrench directory was un- doubtedly corrupt at this time; indirect de- mands were made for a huge bribe from America, before negotiations would even be The Americans, particularly Maershall and Pinkney, refused to deal in this fashion and left Prance. The country sup- ported this refusal and Marshall, upon his re- turn, was eyerywhere hailed as a hero, a de- fender of America’s honor. In 1799 Marshall was urged o run for Congress. He was elected to the House of Representatives, where he served for only one term. Bigger and more important tasks were awaiting him. On June 6, 1800, John Marshall was appoint- ed by President John Adams as Seecretary of State, which position he held until Adams’ term expired, March 4, 1801. But, in the meantime, President Adams also appointed him Chief Justice of the United States Su- preme Court. From January 31 to March 4, 1801, therefore, Marshall held both positions, an unparalleled case in American history. The Supreme Court then was devoid of the power and prestige which it exercises today. In fact, John Jay, the first Chief Justice, re- signed in 1795, because he felt the court was defective and would never acquire weight and dignity. During the term of his successor, Oliver Ellsworth, the prestige of the office was not raised. But when John Marshall took hold (Mar~ shall was the third Chief Justice and noi the first, as is erroneously thought by many people), the situation changed. By his agreeable per- sonality and because of his marvelous power of analysis and logic he became the leader of the court, in action as well as in name; soon he was practically the sole spokesman of the tribunal. John Marshall was the Supreme Court and the Supreme Court was John Marshall. No man did more to centralize the Government; no man did more to interpret the Constitution. John Marshall's decisions are just as potent today as they were when he de= livered them. The four best known cases over which Marshall presided are: Marbury vs. Madison; M'Culloch vs. Maryland; Dartmouth College vs. Woodward; and the Aaron Burr trial. In the first case, Marshall laid down the principle of American constitutional law that it was the duty of the Supreme Court to disregard any action of Congress or of a State Legislature which the court thought was contrary to the principles of the Federal Constitution. In the M'Culloch vs. Maryland case, Marshall ruled that the United States Bank was constitutional, He gave to the delegated powers of Congress a wide interpretation, and in handing down his decisicn he” said: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to the end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” These few words became the basis of many future court decisions and much congressional legislation. Here was a master’s interpreta- tion of the “implied powers” granted by the Constitution. These words have become part and parcel cf American constitutional law. In the Dartmouth College case, Marshall ruled that a State could not repeal a charter; that a charter was a contract, which even a State could not violate. TH!: most colorful and dramatic trial presided over'by a United States judge was the Aaron Burr trial in 1807. Aaron Burr was ace cused of being a spy and attempting to dise member the Union. President Jefferson was calling for the traitor’s penalty. The country was aroused to a fever pitch. Everywhere Burr was burned in effigy. To mention the name of Burr was to invite trouble. The city of Riche mond, where the trial was being held, was agog with excitement. The pros and cons of the case were discussed in every home, in every tavern, on every corner. Marshall ruled Burr not guilty for lack of evidence as demapded by the written Constitution of the United States. It was a most difficult case. It took a man of John Marshall's courage to handle it. In all, Marshal handed down 44 decisions on constitutional questions. These decisions are his monument. During the first few years of office as Chief Justice, Marshall, with the assistance of Bush- rod Washington, wrote the biography of iis hero, George Washington. The work was com- pleted, 1604-1807, in flve volumes. While this biography has been superseded by more recent historical research, his recountal of George Washington’s life and deeds is still of great value to the historian and of great interest to the layman,