John Marshall: Patriot, Statesman, Chief Justice

These Continental Army buttons were uncovered at Valley Forge—where Marshall served alongside George Washington and Alexander Hamilton during the harsh winter of 1777-78. Together, they witnessed the shortcomings of a weak central government unable to provide military supplies or direction. All three emerged as leading Federalists in the 1790s, understanding the need for a stronger national government.

Marshall’s wartime service entitled him to a military pension—his application for which is seen here. Congress had recently passed an act that significantly extended pension benefits for Revolutionary War veterans. In this handwritten claim, Marshall documented his service record, which included major battles such as Brandywine, Germantown, and Monmouth.

In this letter, Marshall reflected on his wartime experience, focusing on how it shaped his nationalistic outlook. While participating in the struggle for American independence, he observed the weaknesses of a government that relied on the states to implement national policies. He left the war fighting adamantly for a stronger, centralized government.

While attending law lectures, Marshall collected legal information in this commonplace book. Entries include legal principles and descriptions of previously decided cases.

As he listened to lessons from George Wythe, the first American law professor, Marshall also doodled the name of his future wife, Polly, in his commonplace book.

Recorded on this account page is Ware v. Hylton (1796), an early Supreme Court case in which Marshall earned national esteem. As he built a successful law practice in both state and federal courts, Marshall argued cases involving pre-war debt owed to British creditors. In Ware v. Hylton, the Court notably exercised a form of judicial review, ruling that a federal treaty superseded a state law.

In this letter, John Marshall recalled his time in the state legislature and its influence on his political outlook: “[S]tate politics convinced me that no safe and permanent remedy could be found but in a more efficient and better organized general government.” This experience inspired Marshall to support the Constitution.

These essays, which defended the proposed U.S. Constitution, proved a useful resource for Marshall. After the war, he served in the state legislature and witnessed a weak government unable to provide for the common defense and in danger of collapsing under the Articles of Confederation. Believing the Constitution established a much-needed, stronger central government, Marshall took up the cause for ratification.

President Adams selected three men to negotiate with France and prevent war. His first choice was Charles Cotesworth Pinckney, the ambassador to France. He also selected Elbridge Gerry, a former congressman from Massachusetts, and John Marshall, a Virginia Federalist.

John Marshall used this desk in France, writing reports to the U.S. government. He described how the French foreign minister declined to meet unless they paid a bribe. The Americans refused, resulting in a political firestorm known as the XYZ Affair.

In this letter, Jefferson regretted leaving Philadelphia early and missing a dinner that Congress planned in honor of Marshall, the national hero returning from France. Jefferson originally wrote that he was “lucky” to miss the occasion but then changed it to “un-lucky.” Although the two were distant cousins, their political differences caused deep distrust.

John Marshall used these spectacles and this inkwell while continuing to serve his country—writing legislation and overseeing the State Department.

Responding to a letter from his Federalist friend Hamilton, Marshall lamented the tied election of 1800, which the House would decide. He endorsed Hamilton’s negative assessment of Aaron Burr but expressed his own deeply unfavorable opinion of Thomas Jefferson, his distant cousin and arch rival. “By weakening the office of President he will increase his personal power,” Marshall worried. By mid-February, the House elected Jefferson.

Two months before leaving office, John Adams submitted this nomination of John Marshall as chief justice. Adams first offered the position to John Jay, the nation’s first chief justice, but Jay declined. He believed the Supreme Court would never have the energy, weight, or dignity it deserved. Adams then nominated Marshall, a moderate Federalist whom the Senate confirmed a week later.

While writing this letter, Marshall paused to administer the oath to the incoming president, whose inauguration marked the first peaceful transfer of power between opposing political parties. With reservation, he hoped President Jefferson would unite the country rather than punish his political enemies.

At 4 o'clock, after swearing in Jefferson as president, Marshall continued this letter to Charles Cotesworth Pinckney.

Writing to his political ally, Judge Spencer Roane from Virginia, Jefferson rejected the claim that the Supreme Court was the sole and final decider on constitutional law. Although Marshall never asserted this position in Marbury v. Madison (1803), Jefferson inferred it from McCulloch v. Maryland (1819). Jefferson worried this would turn the Constitution into “a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.”

During his early years as chief justice, John Marshall wrote this official biography of George Washington at the request of Washington’s nephew. Although he felt unprepared for the task, Marshall recognized the importance of sharing Washington’s distinguished example with future generations. This copy was handed down from father to son in the Marshall family line.

In this letter, former President Madison criticized the McCulloch v. Maryland decision; he believed the Court too broadly applied the Necessary and Proper Clause. The Court unanimously found the national bank constitutional, ruling that Congress has the power to establish a federal bank that states cannot tax. Marshall, facing harsh criticism, wrote pseudonymous newspaper essays to defend the decision.

Marshall composed this letter to Justice Joseph Story after being criticized by Madison for the Cohens v. Virginia decision. Writing to his friend and colleague, Marshall shared his vision for the Court: “The harmony of the bench will, I hope & pray, never be disturbed.” In its unanimous decision in Cohens, the Supreme Court affirmed its authority over state courts on matters involving federal law.

The celebrated decision in Gibbons v. Ogden, recorded here in the minutes of the Supreme Court, established a lasting precedent for congressional power. The case involved a New York law that issued a monopoly to certain steamboat operators, preventing others from using the waters. The Court articulated principles recognizing broad congressional authority to regulate interstate commerce.

Native Americans received so-called peace medals as symbols of friendship from the government—like this one with President Jackson’s likeness. When Georgia broke peace treaties, the Court heard cases concerning the treatment and rights of Native Americans. The Cherokee Nation cases resulted in conflicting rulings from the Marshall Court, which Jackson criticized and refused to enforce.

The Philadelphia Bar Association commissioned this portrait, which was painted when Marshall was in town for surgery to remove bladder stones. The portrait captures the chief justice in his later years. Marshall liked it so much that he purchased a reproduction for one of his daughters, who then passed it on to her daughters.

In the wake of Marshall’s death, the Philadelphia Bar gathered to pass these series of resolutions honoring his life, character, and service to the country. Representatives from the bar participated in his funeral procession—when the Liberty Bell rang in his honor—and accompanied his body on its trip home to Richmond.

Marshall’s death in Philadelphia prompted an outpouring of honor and praise, as shown by this letter written two days after his passing. Sent to the Marshall family on behalf of the Philadelphia Bar, the letter captures the grief and affection felt by the legal community: “[T]here is at the bottom of our hearts, that which pen cannot express.”

Later generations used Marshall’s life to teach schoolchildren about character—as shown by this schoolbook tale. “The Dandy and his Turkey” illustrates Marshall’s humility after he is mistaken for a servant and helps a young man carry home a turkey from the market.

Over the course of this schoolbook tale, the chief justice shows his grace and cordiality, taking no offense at being mistaken for a common man.