| American Minute with Bill Federer“The American population is entirely Christian, and with us, Christianity and Religion are identified.” -Chief Justice John Marshall |
“The power to tax involves the power to destroy,” wrote Chief Justice John Marshall, McCulloch v. Maryland, 1819.No one had a greater impact on Constitutional Law than John Marshall.
He was born SEPTEMBER 24, 1755, and was homeschooled as a youth.
He joined the Continental Army and served as a captain in the Virginia Regiment under General George Washington, enduring the freezing winter at Valley Forge.
“Without making ostentatious professions of religion, he was a sincere believer in the Christian faith, and a truly devout man.”
He was elected a U.S. Congressman from Virginia, and became Secretary of State under President John Adams.
He served 34 years on the Supreme Court, which met in the basement of the U.S. Capitol Building. John Marshall served as Chief Justice during the administrations of: John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and Andrew Jackson. “God save the United States and this Honorable Court.” John Marshall decided in favor of the Cherokee Indian nation, stating that the Indian Removal Act was unconstitutional and that Indians should be allowed to stay in Georgia.
Protesting the Indian Removal Act were Christian missionaries, led by Jeremiah Evarts, being joined by New Jersey Senator Theodore Frelinghuysen and Tennessee Congressman Davy Crockett.
Democrat President Andrew Jackson refused, as the popular apocryphal quote attributed to him was: “John Marshall has made his decision; now let him enforce it!”
The Federal Government proceeded to send to its military to remove over 46,000 Native Americans from their homes and forcibly relocated them west. This left vacant 25 million acres open in the Democrat-controlled South to the expansion of slavery.
John Marshall helped write over 1,000 decisions. A Federalist, John Marshall was at the fulcrum of balancing the separate powers of government with the need to respond to immediate issues to keep the country united, often rendering decisions favoring a more powerful Federal Government.
These were concerned a trend was beginning of which Washington warned in his Farewell Address, September 19, 1796: “If in the opinion of the People, the distribution or modification of the But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield.”
A hundred years after John Marshall’s death, the Supreme Court moved in 1935 out of the basement of the Capitol and into its own building.
Inside the Supreme Court chamber are Adolph A. Weinman’s marble friezes depicting lawgivers throughout history, including John Marshall.
“There is, too, a legend about an astonishing flash of eloquence from Marshall – ‘a streak of vivid lightning’ – at a tavern, on the subject of religion.
The shafts of his ancient gig were broken and ‘held together by switches formed from the bark of a hickory sapling’; he was negligently dressed, his knee buckles loosened.
The debate grew warm and lasted ‘from six o’clock until eleven.’ No one knew Marshall, who sat quietly listening. Finally one of the youthful combatants turned to him and said: ‘Well, my old gentleman, what think you of these things?’ Marshall responded with a ‘most eloquent and unanswerable appeal.’ He talked for an hour, answering ‘every argument urged against the teachings of Jesus.’
Some thought him a preacher; and great was their surprise when they learned afterwards that he was the Chief Justice of the United States.”
“Reverend Sir, I am much indebted to you for the copy of your valuable sermon on the relation of Christianity to civil government preached before the convention of the Protestant Episcopal Church in Charleston, on the 13th of February last. I have read it with great attention and advantage. The documents annexed to the sermon certainly go far in sustaining the proposition which it is your purpose to establish.
No person, I believe, questions the importance of religion to the happiness of man even during his existence in this world. It has at all times employed his most serious meditation, and had a decided influence on his conduct. The American population is entirely Christian, and with us, Christianity and Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. Legislation on the subject is admitted to require great delicacy, because freedom of conscience and respect for our religion both claim our most serious regard. You have allowed their full influence to both. With very great respect, I am Sir, your Obedt., J. Marshall.”
The Life of John Marshall by Albert J. Beveridge (Boston & New York: Houghton Mifflin Company, 1919, Vol. IV, p. 70), stated: “John Marshall’s daughter makes this statement regarding her father’s religious views: ‘He told me that he believed in the truth of the Christian Revelation… During the last months of his life he read Alexander Keith on Prophecy, where our Saviour’s divinity is incidentally treated, and was convinced by this work, and the fuller investigation to which it led, of the supreme divinity of our Saviour. He determined to apply to the communion of our Church, objecting to communion in private, because he thought it his duty to make a public confession of the Saviour.'”
Albert J. Beveridge continued in The Life of John Marshall (referencing Bishop William Meade’s Old Churches, Ministers and Families of Virginia, 2 Vols., Richmond, 1910, Vol. 2, p. 221-222): “He attended (Episcopal) services. Bishop William Meade informs us, not only because ‘he was a sincere friend of religion,’ but also because he wished ‘to set an example.’
‘I can never forget how he would prostrate his tall form before the rude low benches, without backs, at Coolspring Meeting-House (Leeds Parish, near Oakhill, Fauquier County) in the midst of his children and grandchildren and his old neighbors.’ When in Richmond, John Marshall attended the Monumental Church where, says Bishop Meade, ‘he was much incommoded by the narrowness of the pews… Not finding room enough for his whole body within the pew, he used to take his seat nearest the door of the pew, and, throwing it open, let his legs stretch a little into the aisle.'”
“John Marshall Day, February 4, 1901, was appropriately observed by exercises held in the hall of the House of Representatives, and attended by the President, the members of the Cabinet, the Justices of the Supreme and District courts, the Senate and House of Representatives, and the members of the Bar of the District of The program, prepared by a Congressional committee acting in conjunction with committees of the American Bar Association and the Bar Association of this District, was characterized by a dignity and simplicity befitting the life of the great Chief Justice…”
“The August Term of the year of our Lord eighteen hundred of the Supreme Court of the United States had adjourned at Philadelphia… However, it was not until Wednesday, February 4th, when John Marshall…took his seat upon the Bench…”
“The centennial anniversary of the entrance by John Marshall into the office of Chief Justice of the United States… Under his forming hand, instead of becoming a dissoluble confederacy of discordant States, became a great and indissoluble nation, endowed with…the divine purpose for the education of the world…securing to the whole American continent ‘government of the people, by the people, and for the people’… Venerating the Constitution…as ‘a sacred instrument’…we have lived to see…such generous measures of political equality, of social freedom, and of physical comfort and well-being as were never dreamed of on the earth before…” U.S. Attorney General Wayne MacVeagh continued: “Let us, on this day of all days…acknowledge that nations cannot live by bread alone… We have heretofore cherished, the Christian ideal of true national greatness; and our fidelity to that ideal, however imperfect it has been, entitled us in some measure to the divine blessing, for having offered an example to the world for more than an entire generation of how a nation could marvelously increase in wealth and strength and all material prosperity while living in peace with all mankind…
to cultivate NOT the Moslem virtues of war, of slaughter, of rapine, and of conquest, but the Christian virtues of self-denial and kindness and brotherly love…
The true mission of nations as of men is to promote righteousness on earth… and taking abundant care that every human creature beneath her starry flag, of every color and condition, is as secure of liberty, of justice and of peace as in the Republic of God. In cherishing these aspirations…we are wholly in the spirit of the great Chief Justice; and…so effectually honor his memory.” (Dillon, Vol. 1, p. 7-42)
“Gentlemen of the Bar of the Commonwealth of Virginia, and of the City of Richmond: One hundred years ago today, the Supreme Court of the United States, after sitting for a few years in Philadelphia, met for the first time in Washington, the permanent capital of the Nation; and John Marshall, a citizen of Virginia, having his home in Richmond, and a member of this bar, took his seat as Chief Justice of the United States… Chief Justice Marshall was a steadfast believer in the truth of Christianity as revealed in the Bible. He was brought up in the Episcopal Church; and Bishop Meade, who knew him well, tells us that he was a constant and reverent worshipper in that church, and contributed liberally to its support, although he never became a communicant…” U.S. Supreme Court Justice Horace Gray continued: “All else that we know of his personal religion is derived from the statements (as handed down by the good bishop) of a daughter of the Chief Justice, who was much with him during the last months of his life.
and that the reason why he had never been a communicant was that it was but recently that he had become fully convinced of the divinity of Christ, and he then
and, while waiting for improved health to enable him to go to the church for that purpose, he grew worse and died, without ever communing.'” (Dillon, Vol. 1, p. 42, 47, 88)
“And this brings us to what is…the great distinguishing feature in Marshall s life; the real secret of his extraordinary success…that is his high personal character…
Charles E. Perkins, nephew of Harriet Beecher Stowe and President of the Connecticut Bar Association stated: “As a man, Marshall appears to have been as near perfection in disposition, habits, and conduct as it is possible for a mortal man to be…He had no vices and, I may almost say, no weaknesses. In spite of his eminent talents, his high positions, and his great reputation, there was no tinge of conceit… His charities were constant and great. He bore no malice toward those who offended or injured him. He was a sincere Christian and believed in and obeyed the commands of the Bible.” (Dillon, Vol. 1, p. 330)
“Aside from the establishment of Christianity, the foundation of this republic was the most memorable event in the history of man… And if the foundation of this government be the most momentous human achievement of all the centuries, then clearly the appointment of John Marshall to the Chief Justiceship of the United States was the first event of the last century no less in the magnitude of its importance than in the order of its occurrence.” (Dillon, Vol. 1, p. 404-405)
“Would you not call a man religious who said the Lord’s Prayer every day? And the prayer he learned at his mother’s knee went down with him to the grave. He was a constant and liberal contributor to the support of the Episcopal Church. He never doubted the fact of the Christian revelation, but he was not convinced of the fact of the divinity of Christ till late in life. Then, after refusing privately to commune, he expressed a desire to do so publicly, and was ready and willing to do so when opportunity should be had. The circumstances of his death only forbade it… He was never professedly Unitarian, and he had no place in his heart for either an ancient or a modern agnosticism.” (Dillon, Vol. 2, p. 2-3)
U.S. Rep. Horace Binney of Pennsylvania stated that John Marshall (Dillon, Vol. 3, p. 325): “…was a Christian, believed in the Gospel, and practiced its tenets.” For God’s Glory Alone Ministries thanks Bill Federer and www.AmericanMinute.com
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According to tradition, the Liberty Bell cracked while tolling at John Marshall’s funeral, July 8, 1835.
