Skip to main content

tv   American Artifacts Chief Justice John Marshalls Life Legacy  CSPAN  January 10, 2021 2:00pm-2:36pm EST

2:00 pm
anything like that. she did it because she wanted it for women, and for families. and that sort of thing. and to get it out of the closet so that people would learn about it. and as you well remember, the women who went in for mammograms, and the lines to get treated was off the charts. it is the best thing that could have ever happened to women and breast cancer. andshe truly changed that saved millions and millions of lives. announcer: learn more about the ford family's time in the white house sunday at 8:00 p.m. eastern, 5:00 p.m. >> h week, american artifacts takes viewers into archives, museums, and historic sites. next we visit the national , constitution center in philadelphia to learn about the life and legacy of john marshall, the fourth chief justice of the united states who
2:01 pm
served on the supreme court from 1801-1835. >> my name is tom donelly, senior fellow for constitutional studies at the national constitution center. we are here to talk about chief justice john marshall in our new exhibit, john marshall: patriot, statesman, chief justice. we cover what is most familiar about john marshall. he was the fourth chief justice of the united states, and he is thought of as our great chief justice. but this exhibit takes you from the beginning of his life, his fight in the american revolution, through his time as a lawyer and state legislator in virginia all the way through his time as a statesman in the john adams administration and his time as chief justice. we tell it through amazing documents and artifacts. we begin our story with a young john marshall in virginia. he is the eldest of 15 children.
2:02 pm
his father was a state legislator, a justice of the peace, who taught him history, law, the classics. john marshall begins his journey with the american revolution. a militia member in the local he isa militia member in the local militia. he works his way to become an officer in the continental army. this experience, as much as any other experience in life, forges his constitutional views about the role of the government. it would reverberate across his life. let's look at the artifacts that we have that tell the story. one of the highlights of the entire exhibit is the first letter we see. it is 1827. it is an old john marshall. at this point, he is 72 years old and writing a letter to his desk writing an autobiographical letter reflecting on his life.
2:03 pm
he is talking about how the experience in the american revolution influenced his views later in life. this reflects the key quote on top of this really encapsulates the exhibit. this really encapsulates his vision. i found myself associated with brave men from different states were risking life and everything valuable in a common cause believed by all to be most precious. and i was affirmed in the habit of considering america as my country and congress as my government. this was an amazing statement. for someone of john marshall's generation, you think of virginia, not the u.s. first. so unlike his contemporaries in virginia, even the older generation of people like patrick henry or richard henry lee, they would think of virginia as his country. based on the american revolution john marshall thinks of the , united states as his country. we get that from this amazing autobiographical letter. we have different artifacts that the restwe have different artifacts that of the case talk
2:04 pm
, to his time in the military. i want to focus on the one in the bottom corner. these are revolutionary war uniform buttons that were pulled from valley forge. so, if we think about john marshall's experience in the revolution, he was there. he was there in those brutal winters with george washington and alexander hamilton. they felt firsthand the sacrifices of war, of fighting for one's country. they also felt the inadequacies of the government at the time. the government that cannot keep them properly supplied, a government that relied too much on the states to volunteer supplies and fight in the war. so they would emerge from this or believing that we needed a stronger federal government, one that could undertake big tasks. this philosophical view would inform much of marshall's views for the rest of his negative ascent career. we're fast forwarding to when he
2:05 pm
returns home from the war and is trying to build his own family a , build a career and a life for himself. we have this quote, in his heart he knew he was going to be called to the law. from my infancy i was destined for the bar. he travels to william and mary and attends law lectures. from some of the earliest law professors in the country he gets his training there. , we have one artifact here that is his law commonplace book. is listening to lectures on the laws and doing his research, he is writing down cases and legal rental poles. within here, you can see times in which he is doodling during his law lectures. he even doodles the name of his future wife, polly. during this time he meets and falls in love with his wife. and they build a family together. more importantly, he is building
2:06 pm
up his law practice political reputation. he was such a respected young lawyer, that the great edmund randolph, from one of the most powerful families in virginia presented the plan at the , virginia constitution, powerful lawyer in the state, turned over his legal practice to john marshall as he is building his professional career. so if we are really digging in here, trying to get a sense of marshall's early career before he enters the federal government, we have amazing artifacts here. in the bottom right corner, is a first edition copy of the federalist papers. marshall is a lawyer, he builds a successful legal practice. he even argues a case for the supreme court during this time. he is elected to the virginia state legislature. one of the most important projects at the time is that he is a delegate to the virginia
2:07 pm
ratifying convection. here it is connected to the story we tell throughout this museum of the framers crafting the constitution, forging it through compromise and then sending it to the states for ratification. when we think of virginia, we think most important state in of the largest most important state in the union at the time. , eight states have ratified the constitution. we have three state ratifying conventions meeting, virginia yorkost influential, new and new hampshire, wondering will they be that key night state that will bring the constitution into effect. the virginia story is an amazing one. it brings together some of the most important figures in early american politics. opposing the constitution we have great revolutionary figures like patrick henry, richard henry lee, george mason, were opposing the constitution. supporting it was james madison the father of the constitution itself and the young john marshall.
2:08 pm
he would give influential speeches on behalf of the constitution including a defense , of judicial independence. the importance of the judiciary articlethe importance of the judiciary three, within our constitutional system. despite opposing views with someone like patrick henry, the firebrand, one of the most powerful figures in virginia, he even tried to deny james madison a seat in the senate and ran james monroe against him in the house. but john marshall is someone who was really easy to get along with. so, even despite political disagreements with patrick henry, he would maintain close relations with him. so we see this theme as we go through his career about his ability to hold strong constitutional views but also see the importance of finding
2:09 pm
common humanity with adversaries. and ultimately on the supreme and therging unanimity legitimacy of the supreme court. let's move to his time where he is in the federal government. the beginning of his career as a national leader of the federalist party. now we are up to john marshall in the early career of the federal government. he is a leading federalist. georgeurging of washington he is asked to run , for the u.s. house of representatives in 1798. with this support of clinical opponents like he secures that patrick henry he secures that seat. ,two years later, president john adams names him secretary of state. so he is moving from a career in virginia to a central role in the early federal government. these artifacts tell that story.
2:10 pm
they tell it through one episode in his career. this is during the adams administration. he is called on to become an envoy to france. if we think of this moment in american history it is amazing , how much the politics are defined by the rivalry between great britain and france and where the u.s. fits there, as a former colonies of great britain, and the former ally of france. so, george washington has to decide how he is going to address the conflicts happening between france and great britain. he declares neutrality. he sends john jay over to great britain, and creates a treaty that ends up being important for establishing political and commercial relations between great britain and the u.s. but that inflames thomas jefferson and others supporters of france were more hostile towards great britain and the commercial relationships that
2:11 pm
can give rise to an industrial class in the u.s. hamiltonian a vision of the economy centered on bankers and commerce. so we have these debates happening during the washington administration. john marshall supports washington and john jay. he becomes a member of congress and of the adams administration. but because of these moves, by the washington administration france becomes inflamed with the , united states. france had supported us during the american revolution. we had war debts that we owed to france that we no longer wanted to pay after they got rid of the french king, after the french revolution. so adams, dealing with hostility from france and france seizing our ships and stealing our goods destined for great britain he sends john marshall and other , envoys to france to come together with a treaty that
2:12 pm
can create friendly relations between france and the united states. this becomes known as the xyz affair. so it is john marshall sent their with eldridge gary and charles pinckney. the three of them are attempting to negotiate with the french government. the great intrigue or talley road they are trying to establish relations. france sends envoys as well. they are x, y, z, in these dispatches. they said you must bribe us, , give us an exorbitant loan, to even talk to our ministers. so marshall writes up an account of this affair and it ends up being publicized in the u.s. we refused to give into tyrone
2:13 pm
-- tallyrand. this creates a firestorm. what we have here is the traveling writing desk that marshall used during this episode. you can picture him writing his dispatches, talking about his communications with the french envoys. and even the conflict he has with the american delegation. he is doing it right here at this desk. we actually have the commission that john adams wrote with the the appointments with these envoys. you see his signature there. threehe is mentioning pick me the abbasid are two france. france would not recognize him. elbridge gerry, a member of the constitutional convention, a difficult person to get along with. he was sort of the opposite of john marshall in that sense. it seemed the only person who could get along with john adams. and you have a young john marshall on his first diplomatic mission. we have the papers for that appointment. we also have the spectacles and inkwell of john marshall that he atusing as he is sitting
2:14 pm
this desk, writing these important papers. the last artifact previews a theme for the rest of the exhibit a letter from thomas , jefferson to john marshall. it is 1798. marshall is coming back from france and is a hero, seen as standing up to the french government. congress has letter in john marshall's honor. this is a short letter from jefferson to marshall, apologizing for not making it to the dinner. thomas jefferson and john marshall were cousins and they despise each other. not for personal reasons for , political reasons. they had very different views of government. so we have gotten a sense of john marshall as a soldier, is a state legislator in virginia,
2:15 pm
supporting the constitution, in congress. finally we get to john marshall as chief justice. the image we are most familiar with. what is amazing to think about is, john marshall is nominated i adams in adams had just lost the 1801. election to the democratic republicans. jefferson is getting ready to take over as president. the chief justice is oliver ellsworth of connecticut and he is ill. adams is rushing to try to replace him before jeffersonians take over the presidency and congress. so he initially asked john jay to take the position of chief justice. he was our first chief justice and an important early federalist. but he looked at the supreme court and said, no, i do not want to go back there. the institution does not have energy or influence. early justices have to go on horseback, hearing cases throughout the united states. in many ways, it was a very unpleasant commission. so he did not wish to take it up again. so adams and the turning to his
2:16 pm
political ally, the moderate federalist john marshall, his , secretary of state. john adams says, my gift of john marshall to the people of the united states was the proudest act of my life. john marshall was the perfect man at the perfect moment for this institution. so we have a peaceful transfer of power from the federalist to the democratic republicans from , adams to jefferson. with that major philosophical , change from the president and congress. we have lodged in the federal to disarray. john marshall who believes in judicial independence and a strong national government. and we have the jeffersonians in charge of the political branches , devoted to limited government. a limited reading of the constitutions powers for federal government a believer in states and rights and in judicial restraint. really believed it was up to the elective representatives to largely define the contours of the constitution.
2:17 pm
we are set up for a great moment of great conflict between marshall and jefferson. the jeffersonians go directly at the supreme court and impeach justice samuel chase, very strong federalist justice. he is ultimately not convicted by the senate but a warning is sent out to marshall, the careful, tread lightly, don't come directly after the jeffersonians. we have marshall taking over at this precarious moment and we get a sense of that. have the actual nomination from john adams of marshall. this is the official nomination when he is ascending to the senate. john marshall is named to be chief justice of the united states. one of the great moments in marshall's career. one of the great moments for our nation. we have a couple of letters that also herewe have a couple of letters that give a sense of the , emerging conflict between john marshall and thomas jefferson. a constitutional conflict, not a
2:18 pm
personal one. on the top we have a letter from john marshall to alexander hamilton. who was obviously all the rage ,ecause of lead manuel miranda -- lin manwell brenda, hamilton a great early federalist. marshall is expressing concerns about jefferson taking over the presidency. he was worried that by weakening the office of the presidency, he will increase his personal power. the idea that publicly he will express limited power but would wield great tower over the majority of congress. and we have this letter from john marshall to his old colleague in france from the xyz affair. charles cuts with pinckney. he is writing this letter and in the middle of the letter he has too late to oversee the inauguration of jefferson. he writes part of it and comes back and expresses optimism
2:19 pm
hoping jefferson to spiting their differences could bring the country together. finally we have a letter from thomas jefferson where he is talking about his concerns about the assertions of judicial power by the marshall court. here he describes the judiciary as a thing of wax in the hands of the judiciary. which they may twist and we have forge into anything they please. we have thomas jefferson talking about a more restrictive role for the federal government. the final thing here is the official biography of george first washington. it is written by john marshall. at the urging of washington's family, knowing the close link between the two men. there is a belief that part of the conflict between jefferson and marshall has to do with jefferson's criticism of washington the administration and president washington.
2:20 pm
here john marshall knows how , important it is for american public memory to really celebrate our great figures. and none bigger than george washington and his vision of a new and energetic government. so we have this copy of john marshall's biography of george washington. a great way to end here as we walk over and talk about the great decisions of the marshall court. this is marshall chief justice taking the reins. we will talk about some of the big decisions happened during the marshall court. now we move to the most familiar part of john marshall's life, the great decisions of the marshall court. we are thinking about the big themes we get from these decisions. one is john marshall's assertion of judicial independence. decisions like marbury versus madison come in. connected with that, decisions that move toward a vision of the constitution that gives the federal government more power.
2:21 pm
it is a reading of the constitution of broad powers of the federal government to do genuinely national things. this is the flashpoint between jefferson and marshall. first before getting into some of the artifacts it is important , to think about john marshall's legacy of building up the legitimacy of the supreme court. again john jay was offered this , commission to be chief justice again and he turned down because he did not think it was a good job. marshall sits on the court for 34 years. is our longest-serving chief justice. during this time, he is nominated by the federalist john adams. john adams is seceded by a series of democratic republicans, numbers of the opposition party all looking to , lay claim to the constitution. great figures like jefferson, madison, monroe, eventually jackson. they all put supreme justices on the court, presumably to fulfill the jeffersonian vision of
2:22 pm
limited federal government. but marshall, through his openness to compromise, helped forge the court together. and build unanimity. one of his great innovations was to move beyond the practice were each justice would write his own opinion for every decision, to instead issuing opinions of the court. marshall writes the vast , vast, vast majority of the court's decisions. unlike today, they tend to be unanimous even on divisive issues. now let's dig into a few of them we see here. the first artifact we see here is the court decree from a case called gibbons versus ogden in 1824. the state of new york issues a monopoly to steamboat operators. the key constitutional question is how broadly do we read the commerce power, the federal government's power over the economy. this debate goes back to the founding washington , back to the washington administration. what marshall does is he views
2:23 pm
it broadly. he says the commerce power even covers things like navigation on the waterways and the operation of steamboats. so, therefore magnifies the power of congress over the economy, over and against the states are doing. it is an important assertion of national power. even more important is the mcculloch versus maryland is , which in many ways is marshall's masterpiece. marbury versus madison is the most famous decision where , marshall asserts judicial review and the power to declare laws unconstitutional. it is the one most people begin their casebooks with. it are mostans -- is the one that americans familiar with. mcculloch v madison, he lays out the theory of our constitution. that has endured in many ways since the marshall court is 1819. wrestling with the most important question of the early republic the constitutionality , of the national bank.
2:24 pm
decades earlier in the washington administration, we have jefferson fighting with hamilton over whether or not congress has the power to establish a national bank. washington sides with hamilton. we have a national bank for a time. so we have here an attempt by the state of maryland to undermine the national bank. they argued that the bank was unconstitutional. so marshall advances his constitutional vision through an act of judicial restraint. rather than aggressively asserting federal and judicial power over the federal is, onent, what he says key thing is we as a matter of , political practice have put a national bank in place since the first congress through our elected branches. so i will defer to that judgment a very wise people. but then he reads the powers in the constitution under article one section eight. the necessary and practical what we call clause.
2:25 pm
the powers of congress extend to say that beyond each individual power listed in article one. instead through the necessary and proper clause allows , congress to pass laws, it recognize implied powers of the federal government. it may not say in the constitution explicitly that the congress can establish national bank, but it does give congress the power over commerce. through reading those enumerated powers through the necessary and proper clause, marshall and the marshall court give a broad reading to federal power. what is amazing about the artifact is not the decree for mcculloch versus maryland, but the father of the constitution, james madison's, reaction. he is highly critical. because we have two visions. we have the marshall vision of a strong national government and we have madison and jefferson arguing for a more limited government that marshall wants. so here we have madison arguing
2:26 pm
that marshall is reading the necessary and proper clause to o broadly. and have jefferson and madison during the washington administration arguing against the constitutionality of the national bank. so here we have one of the key figures and cost additional history, james madison criticizing one of our landmark , decisions, but,. we have it written by john marshall. this is a reminder that even the greatest of constitutional mines minds, can disagree about fundamental questions within our constitution. it is a document of debate in conversation. the final artifact is john marshall writing to his friend justice joseph story defending another decision where he is asserting federal power in cohen's versus virginia. the idea being that if you are in state courts, in this case a criminal prosecution, and you think your constitutional rights
2:27 pm
, your federal constitutional rights have been violated, this is saying, no, you can appeal to the supreme court. the supreme court can decide those sorts of cases when you are dealing with federal constitutional rights. within cohen's i will and with a quote from john marshall. embracing assertions of popular founders like wilson. he says the people made the constitution and the people can unmake it. it is a creature of their will and lives only by their will. this is john marshall, the nationalist. my nation is the united states, it is not virginia, it is we the people. this is three day cades over which he was able to bridge divides between supporters of
2:28 pm
jefferson who have opposed martian constitutionally. he was able to forge compromise for people who disagree with him on the constitution and built up the legitimacy on the supreme court. this is why we think of him and him alone as the great chief justice. we end with this portrait. this is john marshall, the elder statesman. it is 1831. he is near the end of his life. he has come to philadelphia for surgery. the philadelphia bar so reveres him and his legacy as chief justice they have him sit by portrait from a great american artist, henry inman. this was reflecting on, he gets to this point in his life, and what is his legacy? for many americans, the obvious is him as a chief justice. he served for 34 years. issues 600 opinions. is able to forge unanimity among justices across the plug
2:29 pm
spectrum. madison,: versus virginia, marlborough the ardennes. things that people still read for the proper way to argue today and legal craft. with these decision sets distant he buildsbstantively the legitimacy of the supreme court, an institution that was weak when he took it over and built it into a much stronger constitution. if we back up to the beginning of this story he is a hero of , the american revolution, serving in valley forge with george washington and alexander hamilton. an important figure and a brave soldier and the revolution. he is a key supporter of the constitution in in virginia. one of the pivotal ratifying conventions staring down the , barrel of patrick henry and george mason. great figures but folks who oppose the constitution.
2:30 pm
at the ratifying constitution. it is a young marshall baking -- making strong arguments for why we need a stronger government. then we have john marshall serving in congress and being asked to be secretary of state for adams. administration, he plays a key during the adams role in negotiations with france trying to dampen hostility. these negotiations ultimately failed but through this experience, he earns the respect of the american people. then he is called upon by john adams again to become the fourth chief justice of the united states. as we reflect back on his legacy, we can only thank chief justice john marshall for being an important patriot an earlyant statesman, and jewish josh jurist and constitutional thinker in american history. -- early jurist and one of
2:31 pm
the earliest constitutional thinkers in american history. announcer: you can watch this or other american artifacts programs at c-span.org. we have this day met in executive offices of a capital at tallahassee florida and cast our votes for president of the united states and our votes for vice president of the united states and the results are as follows. those receiving votes for president of the united states and the number of such votes work. 25, thosebush, receiving votes for vice president of the united states and the number of such votes were dick cheney, the number is 25. capital,assee, the this 18th day of december 2000, signed by the pertinent electors
2:32 pm
president,ected mr. a certificate of the electoral vote of the state of florida seems to be regular and informed an authentic and therefore appears therefrom towards dubya bush of the state of texas received 25 votes for president and dick cheney of the state of wyoming received 25 votes for vice president. >> is their objection? >> mr. president, [indiscernible] i object to the [indiscernible] >> the gentleman from florida, mr. hastings, will present his objection. is the germans objection in writing and's -- is that gentleman's objection in writing member of thethe house of representatives at a senator? >> mr. president i must object because of the overwhelming evidence of official misconduct. membershair will remind
2:33 pm
under section 18 the title iii united states code know debate is allowed in the joint session. question, ityour is in writing signed by a number of members of the house of representatives but not by a member of the senate. thank you, mr. president. >> the chair thanks to delmon from florida for his courtesy. since the president -- the present objection lacks the signature of a senator accordingly the objection may not be received. are there other objections? >> mr. president. >> for what purpose does the gentlewoman from floor that misses make arise? >> i have an objection. >> is the objection in writing and signed by a member of the house and buy a senator? >> mr. president it is in writing signed by myself and several of my constituents in florida. a senator is needed but missing. basis previously
2:34 pm
stated, the objection may not be received. the chair thanks did gentlewoman from florida for courtesy. @ follow us on social media c-span history for more this day in history clips and posts. >> this is american history tv covering history c-span style with lectures, interviews and discussions, with authors, historians and teachers. weekend, only on c-span3. >> if you like american history tv, keep up with us during the week on facebook, twitter and youtube. learn about what happened this day in history and see preview clips of upcoming programs. follow us at c-span history.
2:35 pm
>> okinawa was the last major battle of world war ii and took place from april through june 1945. next historian mark depue , details the u.s. strategy in invading the island and the japanese plans for defense, which included kamikaze attacks on u.s. warships. he also described the months of hard combat that resulted in the deaths of more than 12,000 u.s. soldiers, sailors and marines, and over 200,000 japanese military and civilian deaths. the abraham lincoln presidential library and museum hosted this event and provided the video. okinawa on the doorstep of japan, the last battle of world war ii. if you recall our conversation last time about iwo jima, this is a larger, longer, bloodier version of iwo jima. the intensity

19 Views

info Stream Only

Uploaded by TV Archive on