John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
By a singular coincidence Marshall took his seat as Chief Justice at the
opening of the first term of Court in Washington, the new capital, on
Wednesday, February 4, 1801. The most beautiful of capital cities was
then little more than a swamp, athwart which ran a streak of mire named
by solemn congressional enactment "Pennsylvania Avenue." At one end of
this difficult thoroughfare stood the President's mansion--still in the
hands of the builders but already sagging and leaking through the
shrinkage of the green timber they had used--two or three partially
constructed office-buildings, and a few private edifices and boarding
houses. Marshall never removed his residence to Washington but occupied
chambers in one or other of these buildings, in company with some of the
associate justices. This arrangement was practicable owing to the
brevity of the judicial term, which usually lasted little more than six
weeks, and was almost necessitated by the unhealthful climate of the
place. It may be conjectured that the life of John Marshall was
prolonged for some years by the Act of 1802, which abolished the August
term of court, for in the late summer and early autumn the place swarmed
with mosquitoes and reeked with malaria.
The Capitol, which stood at the other end of Pennsylvania Avenue, was in
1801 even less near completion than the President's house; at this time
the south wing rose scarcely twenty feet above its foundations. In the
north wing, which was nearer completion, in a basement chamber,
approached by a small hall opening on the eastern side of the Capitol
and flanked by pillars carved to represent bundles of cornstalks with
ears half opened at the top, Marshall held court for more than a third
of a century and elaborated his great principles of constitutional law.
This room, untouched by British vandalism in the invasion of 1814, was
christened by the witty malignity of John Randolph, "the cave of
Trophonius." ¹
¹ It should, however, be noted in the interest of accuracy, that the
Court does not seem to have occupied its basement chamber during the
years 1814 to 1818, while the Capitol was under repair.
Public-domain text, read in full here on John Shaqi.
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