Passed Chief Justices - # 4 – John Marshall
The G.O.A.T.
I sometimes think this abbreviation is a recent addition to our lexicon. It stands for ‘Greatest of All Time’ and became more prominent when footballer Tom Brady, the most successful player at the most prominent position in the nation’s most popular sport, was wrapping up his career. Of the seventeen Chief Justices of the Supreme Court, there is no doubt the GOAT moniker belongs to John Marshall.
As we continue to present the last resting places of our nation’s sixteen passed Chief Justices (in order), Number Four will stand apart from the rest. The first three might have set the stage to shape the new country’s judicial system, but they actually adjudicated few cases in the eleven years of the court’s existence. John Jay, John Rutledge and Oliver Ellsworth resigned from the court because they had other priorities. Every Chief since has either retired (4) or died on the job (8).
John Marshall was every bit one of our Founding Fathers. He was a soldier in the Revolution and served with Washington at Valley Forge. He was elected to the Virginia legislature and was a delegate to the Constitution Convention in 1788. Having served in the House of Representatives and as John Adams’ Secretary of State, Marshall is on that short list of individuals who have filled constitutional positions in all three branches of our government.
Often called the “Father of the Supreme Court,” Marshall solidified the body as a co-equal branch of government. The 1803 Marbury v. Madison decision continues to be cited today as the cornerstone case that established the Court’s role in judicial review and its responsibility to determine whether laws are constitutional.
He was the longest-serving Chief Justice. With over thirty-four years on the bench, only three of all 116 Associate Justices have had longer tenures. When he died in office in 1835, the Liberty Bell was struck in Philadelphia. Some believe that was when the bell cracked and was never rung again.
Marshall’s importance to the nation is reflected in the monuments and tributes one can find in public spaces. Inside the Virginia capitol in Richmond, the old House Chamber is preserved as a museum that honors the many Sons of Virginia that have contributed to the Nation. In addition to the eight U.S. presidents, our fourth Chief Justice is recognized.
In 1884, forty-nine years after his passing, this bronze depiction of Justice Marshall was dedicated on the west front of the U.S. Capitol. The inauguration of Ronald Reagan in 1980 began the practice of staging that ceremony in the same place and the statue was moved inside the Supreme Court building. In 1982, this replica of the sculpture was placed in the John Marshall Park near Judiciary Square just off Pennsylvania Avenue. Another replica can be found in Philadelphia.
Shockoe Hill Cemetery was founded in 1820 when the in-town church graveyards reached capacity. The burial ground holds many veterans from our Revolution and War of 1812. John Marshall’s beloved wife Polly passed first, and he was known to make regular visits to her grave.
Also buried in Shockoe Hill are twenty-seven of the victims of the Browns Island Disaster. On March 13, 1863, a munitions factory on the James River exploded, killing fifty workers. The memorial stone inscription notes that most of the victims were “...girls under age of 17 who helped fill manpower needs and whose small hands were useful in such work.”
It seems fair to suggest that much of Marshall’s greatness stems from the fact that he led the court that finally established its presence in federal government. During his tenure, the court cranked out a thousand decisions, half of which were written by the Chief Justice. Just as George Washington’s legacy is enhanced by the fact that so many of his executive actions were precedent-setting, the Marshall court laid down the legal framework for the growing nation.
A weather-worn tablet covers the judge. The inscription is no longer legible but says -