{"id":101628,"date":"2025-01-20T11:36:23","date_gmt":"2025-01-20T16:36:23","guid":{"rendered":"https:\/\/blog.genealogybank.com\/?p=101628"},"modified":"2025-01-20T11:36:47","modified_gmt":"2025-01-20T16:36:47","slug":"president-adamss-gift-to-the-nation-chief-justice-john-marshall","status":"publish","type":"post","link":"https:\/\/www.genealogybank.com\/blog\/president-adamss-gift-to-the-nation-chief-justice-john-marshall.html","title":{"rendered":"President Adams\u2019s Gift to the Nation: Chief Justice John Marshall"},"content":{"rendered":"

On 20 January 1801, in the waning days of a lame duck administration, President John Adams committed one of the most significant acts in American history when he nominated his Secretary of State, John Marshall, to be the next chief justice of the U.S. Supreme Court. Chief Justice Marshall began his tenure on 4 February 1801 and served until he died on 6 July 1835.<\/p>\n

\"Illustration:
Illustration: John Marshall by Henry Inman, 1832. Credit: Library of Virginia; Wikimedia Commons.<\/figcaption><\/figure>\n

During those 34 years his Court handing down over 1,000 decisions, of which Marshall wrote 519 himself, completely redefining the role of the Supreme Court and the system of \u201cchecks and balances\u201d under which the American government operates.<\/p>\n

John Adams later wrote:<\/p>\n

\u201cMy gift of John Marshall to the people of the United States was the proudest act of my life.\u201d<\/p><\/blockquote>\n

The first major case of Marshall\u2019s career as chief justice, and one of the most significant, was Marbury v. Madison, a ruling on 24 February 1803, in which the Supreme Court declined the greater power Congress bestowed upon it. The Court\u2019s opinion, written by Marshall, said the Judiciary Act of 1789, expanding the Court\u2019s original jurisdiction, was invalid because it violated the U.S. Constitution.<\/p>\n

It was the first time the Court had ruled that a law was unconstitutional, creating for the Court its most important role: judicial review, i.e., the power to invalidate an act or order of the legislative or executive branches of the government by finding it unconstitutional, thereby cementing the \u201cchecks and balances\u201d principle controlling the three branches of the government.<\/p>\n

\"Photo:
Photo: Chief Justice John Marshall statue, by William Wetmore Story, at John Marshall Park in Washington, D.C. Credit: Carptrash; Wikimedia Commons.<\/figcaption><\/figure>\n

On the historic day President Adams nominated John Marshall, the Alexandria Daily Advertiser<\/em> printed this notice.<\/p>\n

\"An<\/a>
Alexandria Daily Advertiser (Alexandria, Virginia), 20 January 1801, page 3<\/figcaption><\/figure>\n

This notice reads:<\/p>\n

The President has nominated John Marshall, now Secretary of State, Chief Justice of the United States.<\/p><\/blockquote>\n

Marshall\u2019s confirmation was announced by the Washington Federalist<\/em> on 29 January 1801.<\/p>\n

\"An<\/a>
Washington Federalist (Georgetown, District of Columbia), 29 January 1801, page 2<\/figcaption><\/figure>\n

This notice reads:<\/p>\n

The nomination of John Marshall, Esq. as Chief Justice of the United States, has been confirmed by the Senate of the United States, nem. con. [nemine contradicente, i.e., with no one dissenting; unanimously]<\/p><\/blockquote>\n

The opening of the Marshall Court, and the beginning of his long and influential career as chief justice, was announced in this notice printed by the Federal Gazette<\/em> on 6 February 1801.<\/p>\n

\"An<\/a>
Federal Gazette (Baltimore, Maryland), 6 February 1801, page 3<\/figcaption><\/figure>\n

This notice reads:<\/p>\n

On Wednesday last the Supreme Court formed a quorum in a room appropriated for their sitting in the Capitol. The honorable John Marshall, late secretary of state, produced the diploma of his appointment as chief justice. The usual oaths upon that occasion were administered to him.<\/p><\/blockquote>\n

The Marshall Court\u2019s first major case, Marbury v. Madison, establishing the concept of judicial review, was reported in this article printed by the Washington Federalist on 25 February 1803.<\/p>\n

\"An<\/a>
Washington Federalist (Georgetown, District of Columbia), 25 February 1803, page 2<\/figcaption><\/figure>\n

This article reports:<\/p>\n

Mandamus.<\/p>\n

Washington, February 24, 1803.<\/p>\n

The Chief Justice this day declared the opinion of the Court, at great length, on the motion of Mr. C. Lee, for a rule to shew cause why a mandamus should not issue to compel James Madison, Secretary of State of the United States, to deliver to William Marbury, and others, their commissions of the peace, for the District of Columbia.<\/p>\n

The case had been argued this term by Mr. Lee with great ability, on the part of Marbury and others \u2013 no cause was shewn.<\/p>\n

The evidence, arguments of Counsel, and the opinion of the Court, will be published in a report of this term, preparing for the press.<\/p>\n

The questions considered by the Court in delivering their opinions, are:<\/p>\n

1st. Has the applicant a right to the commission he demands?<\/p>\n

2d. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?<\/p>\n

3dly. If they do afford him a remedy, is it by a mandamus issuing from this Court?<\/p>\n

On the first point it was the opinion of the Court, that such right did exist: 2dly, That he was entitled to a remedy \u2013 but on the third question, it was determined that the act of Congress giving the power to the Supreme Court to issue a writ of mandamus in such a case, was unconstitutional, and consequently void. The rule therefore was dismissed.<\/p>\n

Time does not permit at present a more full account of the opinion of the Court \u2013 which considered each point at great length, and with great ability. Besides, it would be too much to hazard a report of the opinion from notes. As soon, however, as a copy can be obtained from the Reporter, this interesting and highly important opinion shall be given at length.<\/p><\/blockquote>\n

Explore over 330 years of newspapers and historical records in GenealogyBank. Discover your family story! Start a 7-Day Free Trial<\/a><\/p>\n

Note on the header image:<\/strong> Chief Justice John Marshall, engraving by Saint-M\u00e9min, 1808. Credit: Library of Congress, Prints and Photographs Division.<\/p>\n

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