A Chief Justice's Progress: John Marshall from Revolutionary Virginia to the Supreme Court by David Robarge

A Chief Justice's Progress: John Marshall from Revolutionary Virginia to the Supreme Court

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action -- "as we have been fortiter in modo, I dare say we shall be suaviter in
re" -- and he gave no indication that he thought the situation would improve
short of a substantial overhaul of the Confederation system. ⁷⁷

Marshall's involvement with frontier issues and Kentucky lands provided an
immediate context in which he could place the growing discontent with the
national government apparent in Virginia and throughout the country. His
western dealings also reinforced his allegiance to Madison's nationalist program
and helped frame his perspective on the coming debate over the proposed
constitution. Having gained extensive experience in public office during the
past several years, and enjoying a sterling reputation as a lawyer and lawmaker,
Marshall was well positioned to emerge on the national political scene by
serving as an effective advocate for ratification of the new charter of
government.

NOTES

1.	Henry Adams, History of the United States of America, 9 vols. ( New York: Charles Scribner's Sons, 1889-91), 1:134.

2.	JM to Joseph Delaplaine, 22 March 1818, in John F. Dillon, John F. Dillon, comp. and ed., John Marshall: Life, Character and Judicial Services, 3 vols. ( Chicago: Callaghan and Co., 1903), 1:55. (Hereafter cited as Dillon, Marshall.)

3.	A. G. Roeber, Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 ( Chapel Hill: University of North Carolina Press, 1981), 73- 75, 93-95; Frances Norton Mason, My Dearest Polly: Letters of Chief Justice John Marshall to His Wife . . . ( Richmond: Garrett and Massie, 1961), 7; Herbert Alan Johnson , "John Marshall", in The Justices of the Supreme Court, 1789-1969: Their Lives and Opinions, ed. Leon Friedman and Fred L. Israel, 4 vols. ( New York: R. R. Bowker Co., 1969), 1:288-89; "Subscribers in Virginia to Blackstone's Commentaries", WMQ, 2nd ser., 1 ( 1921),183.

4.	Brent Tarter, ed., "Orderly Book of the Second Virginia Regiment", entry for 7 December 1775, in VMHB, 85 ( 1977), 302; [U.S. Army, Judge Advocate General's Corps,] The Army Lawyer: A History of the Judge Advocate General's Corps, 1775- 1975 ( Washington, D.C.: Government Printing Office, [ 1975]), 7-13, 18-19, 23; William Fratcher, "History of the Judge Advocate General's Corps, United States Army", Military Law Review, 4 ( 1959), 89-90, 116-17; PJM, 1: 15 n. 2; Robert Berlin, "The Administration of Military Justice in the Continental Army during the American Revolution, 1775-1783" ( Ph.D. diss., University of California at Santa Barbara, 1976), 82-83, 102, 121-29, 184-87; Maurer Maurer, "Military Justice under General Washington", Military Affairs, 28 ( 1964), 9-10, 13-14.

5.	Army Lawyer, 24; Maurer, "Military Justice under Washington", 9; Berlin, "Administration of Military Justice in the Continental Army", 89-90, 302.

6.	John Stokes Adams, ed., An Autobiographical Sketch by John Marshall ( Ann Arbor: University of Michigan Press, 1937), 6 (hereafter cited as JM, Autobiographical Sketch); PJM, 1:37, 41; Alfred Z. Reed, Training for the Public Profession of the Law . . . ( New York: Carnegie Foundation, 1921), 82-83; Alan M. Smith, "Virginia Lawyers, 1680- 1776: The Birth of an American Profession" ( Ph.D. diss., Johns Hopkins University,

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Publication Information: Book Title: A Chief Justice's Progress: John Marshall from Revolutionary Virginia to the Supreme Court. Contributors: David Robarge - author. Publisher: Greenwood Press. Place of Publication: Westport, CT. Publication Year: 2000. Page Number: 85.

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