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Glimpses of Marshall in the Military 71 EW ONLINE [Vol. 50:63 for you to claim 1ropriate to your cequest it. l with your work may Trust your instincts, rticles can be an ex- * 6 Kouyv·0 President Adams appointed as Chief Justice ake certain your States in 1801, Marshall was a soldier, a state Journals may receive a federal legislator, an envoy to France, and the •enty slots. Never ask 1 ubmission, to also a thriving up ;hical about asking a 1sion is reviewed. Forty-five Supreme his country for a apply when you are s apply when you are of professional excellence are carefully crafted one looking for life lessons in rt to rule in your should not neglect time as a soldier, draft an article. The no·tr.11·0 he became a lawyer. your submission, >s of placing it. I was destined for the bar," Marshall "but the contest between the mother coun­ drew me from my studies & my Father iuv~u·~~,i~~ of them; & in September 1775, I entered into service as a subaltern."2 Beginning in a Fauquier County mili­ continuing through with the Culpeper Minutemen, and then in the Continental Army, John Marshall of five years in active military service. This * Professor of Law, University of Richmond School of Law. This essay is adapted from a CLE presentation on legal professionalism co-sponsored by the James Madison Chapter of Phi Delta Phi, the Moot Court Board, the Trial Advocacy Board, and the John Marshall Foundation. The author thanks those organizations for their sponsorship of that event dedicated to the Great Chief Justice. 1. The best single-volume biographies of John Marshall published in the past two decades are JEAN EDWARD SMITH, JOHN MARSHALL: DEFINER OF A NATION (1996) and R KENT NEWMYER, JOHN MARSHALL AND THE HEROIC AGE OF THE SUPREME COURT (2001). 2. Letter from John Marshall to Joseph Delaplaine (Mar. 22, 1818), in VIII THE PAPERS OF JOHN MARSHALL 187 (Charles F. Hobson, ed., 1995), http://rotunda.upress.virg oring Legal Scholarship, inia. edu/founders/default.xqy?keys=JNML-chron-1810-1818-03-22-1. Jlogs.com/prawfsblawg/2012 11ssing the benefits of and 69 70 UNIVERSITY OF RICHMOND LAW REVIEW ONLINE [Vol. 50:69 2016] GLIMPE from the age of nineteen to twenty-four, formed Marshall's neighbourhood, ai outlook ways that rippled outward through his entire life. 3 classics or to Blacl It was in the Continental Army, Marshall later wrote, "associ­ Marshall's only fori ated with brave men from different states who were risking life tures by George W;; and every thing valuable in a common cause believed by all to be place in early 1 780 most precious ... where I was confirmed in the habit of consider­ but on furlough. HE ing America as my country, and Congress as my government."4 of then-Governor 1 Marshall himself and his later biographers have drawn a direct shall could not be~ connection between his army experience and his political outlook. courts in Virginia v "My immediate entrance into the state legislature [after serving When Marshall c in the military]," Marshall wrote, "opened to my view the causes a boon for business which had been chiefly instrumental in augmenting [the] suffer­ of great service to r ings [of army], and the general tendency of state politics con­ tary friends, who v vinced me that no safe and permanent remedy could be found but est in my favour, a 5 a more efficient and better organized general government." expect."8 Less appreciated than the link between Marshall's military expe­ rience and his political outlook, but no less important, is the link Before commenc between Marshall the soldier and Marshall the lawyer. The infl u­ was licensed as a l ence of Marshall's military experience on his formation as a law­ as a legal professio yer, however, was pervasive. Marshall was ai ("DJAG"). He serve We have already seen how Marshall described the hostilities 1778, it seems). with "the mother country" as breaking off the studies he took un­ der the direction of his father. But even before joining the Cul­ As a DJAG, Mm peper Minutemen in September 1775, Marshall had been training transcribed the n for the military to the exclusion of his legal studies. "About the ministerial and no time I entered my eighteenth year [in September 1773]," Mar- detailed knowledge would later write, have had to have winter of 1 777 intc the controversy between Great Britain and her colonies had assumed with General Was] so serious an aspect as almost to monopolize the attention of the old and the young. I engaged in it with all the zeal and enthusiasm One interested i which belonged to my age; and devoted more time to learning the law might wonder first rudiments of military exercise in an Independent company of spite lack of i the gentlemen of the county, to training a militia company in the highly unusual, ai experience as law; three qualities st: ment. 3. The most comprehensive account of John Marshall's time in the military is KEITH MARSHALL JONES III, "CONGRESS AS MY GOVERNMENT": CHIEF JUSTICE JOHN MARSHALL IN THE .AMERICAN REVOLUTION (1775-1781) (2008). 6. Id. at 36. 4. "Autobiographical Sketch," Letter from John Marshall to Joseph Story (July 25, 7. Id. at 37. 1827), in XI THE PAPERS OF JOHN MARSHALL 38 (Charles F. Hobson, ed., 2002), http://rot 8. Id. unda. upress.virginia.edu/founders/JNML-01-11-02-0017. 9. For an account 5. Id. JONES, supra note 3, at 1 W ONLINE [Vol. 50:69 2016] GLIMPSES OF MARSHALL IN THE MILITARY 71 .r, formed Marshall's neighbourhood, and to the political essays of the than to the 6 his entire life. 3 classics or to Blackstone. later wrote, "associ­ Marshall's formal legal education-a few months of lec­ 'ho were risking life tures by George Wythe at the College of and Mary-took believed by all to be place in early 1780, while he was still in the Continental Army, b.e habit of consider­ but on furlough. He received his law license, under the signature .s my government."4 of then-Governor Thomas Jefferson, in August 1780. But 1ave drawn a direct shall could not begin his law practice at that time because his political outlook. courts in Virginia were closed due to British forces. ature. [after serving When Marshall did begin his practice, his army experience was my view causes a boon for business. "My extensive acquaintance in the army was aenting [the] suffer­ of great service to me," Marshall later wrote.7 numerous of state politics con­ tary friends, who were dispersed over the state, took great inter­ y could be found but est in my favour, and I was more successful than I had reason to 5 neral government." expect."8 hall's military expe- 1portant, is the link Before commencing his private practice, and even before he .e lawyer. The influ­ was licensed as a lawyer, however, Marshall already served formation as a law- as a legal professional of sorts in military. November 1777, Marshall was appointed Deputy Judge Advocate General ("DJAG"). He served in that role for almost a year (until August ribed the hostilities 1778, it seems). studies he took un­ )re joining the Cul- As a DJAG, Marshall would have assisted with court martials, 11 had been training transcribed the records of proceedings, and performed various studies. "About the ministerial and notarial functions. He would have had to possess ~mber 1773]," Mar- detailed knowledge of military law and procedure. And he have had to have a hardy physical constitution. For during the winter of 1777 into 1778, when Marshall served as DJAG, he was mies had assumed with General Washington's Main Army at Valley Forge.9 ttention of the old l and enthusiasm One interested in qualities that contribute to excellence the te to learning the law might wonder why Marshall was tapped to be a DJAG de­ 11dent company of a company in the spite his lack of formal legal training or experience. (This was highly unusual, as the JAG and most DJAGs had practice experience as lawyers.) From the accounts of his contemporaries, three qualities stand out: intelligence, judgment, and tempera­ ment. ie in the military is KEITH USTICE JOHN MARSHALL IN 6. Id. at 36. to Joseph Story (July 25, 7. Id. at 37. Jbson, ed., 2002), http://rot 8. Id. 9. For an account of Marshall's experiences and responsibilities as a DJAG, see JONES, supra note 3, at 127-37. 72 UNIVERSITY OF RICHMOND LAW REVIEW ONLINE [VoL 50:69 2016] GLIMP: [only] bread to ea comportment court martials that ference. If any of officers sitting on a court martial were would shame thei of jury, and they relied on his own exuberan idolized by the sol for technical legal advice in addition to facts were enlivened by tellectual horsepower would have been a necessary a professional military like the Continental Is it any surprise t the rules and procedures of the detailed tion of men fit to s the Articles of War. And is not this kine men still fit to fight sound judgment-even at this young age-was temper and a prot remarked. According to one account, what the military si all those, who intimately knew him, affirmed, that his capacity was held in such estimation by many of his brother officers, that in many disputes of a certain description he was constantly chosen arbiter; We glimpse in and that officers, irritated by differences or animated by debate, of­ of the same qualitie ten submitted the contested points to his judgment, which being giv­ sonal and professic en in writing, and accompanied, as it commonly was, by sound rea­ sons in support of his decision, obtained general acquiescence.10 and praised for his not ignore the inte1 Marshall's temper-even-keeled, content, constituted Wl haps the most conspicuously commented-on of greatness than i~ ter.
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