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Widely regarded as America's most important Chief Justice, John Marshall influenced our constitutional, political, and economic development as much as any American. He handed down landmark decisions on judicial review, federal-state relations, contracts, corporations, and commercial regulation during a thirty-four year tenure that encompassed five presidencies, a second war of independence, the demise of the first American party system, and the advent of Jacksonianism and market capitalism. This is the first interpretive study of Marshall's early life that emphasizes the formative influences on him before he joined the Court. By that time his character and attitudes were fully formed through his childhood in the Virginia gentry, his service in the state militia and Continental Army, and his work as a prominent lawyer, a Federalist, and a diplomat. Drawing heavily on Marshall's own writings, this study views his pre-Supreme Court life as a cumulative experience that formed the identity and value system that he brought to bear on his experiences as Chief Justice. Robarge examines Marshall's social and political education in the unique milieu of late 18th century Virginia for its own intrinsic interest, as well as for its relationship to his profound contribution to the Court. The events and situations that shaped Marshall's personality and attitudes directly influenced his leadership style. They also had a deep impact upon his efforts to establish an independent judiciary, to unify the nation through territorial expansion and a legal common market, and to revive the moribund Federalist party as a balance to the dominant Republicans led by the cousin he detested, Thomas Jefferson.
This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his last years than from any other period of his life. Nullification, the Cherokee cases, the bank bill, the election of 1832, the anti-Masonic movement, slavery, and African colonization are among the topics that prompted Marshall's comments and reflections. Family letters provide intimate details of Marshall's 1831 operation for the removal of bladder stones, his companionate marriage to "dearest Polly" (who died at the end of 1831), and his relationships with his children and grandchildren. Judicial opinions published here in full include Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832). Major editorial notes set forth the background and circumstances of these celebrated cases.
A survey and evaluation of the whole range of American biography, from the earliest important lives to book of the present day.