February 4, 2025 marks the 124th anniversary of “John Marshall Day.” This was a nationwide celebration on February 4, 1901 of the 100th anniversary of the February 4, 1801 accession of John Marshall to the bench as Chief Justice of the United States.
February 4 is an auspicious day to launch Ordinatus, as John Marshall is one of the chief exemplars of the judicial virtues. The judiciary does not typically get the same attention as the political branches, which is all to the good for American self-government. As Chief Justice Roberts once pointed out, “[n]obody ever went to a ball game to see the umpire.”
Lawyers, law students, law professors, judges, and other juristically inclined individuals are not the general public. We have particular roles to play, and in doing so, we ought to pay close attention to the lawyerly and judicial virtues.
There is rich material to mine in the life, character, and services of John Marshall. Consider, for instance, how the time of those who served in the Continental Army at Valley Forge (e.g. Washington, Hamilton, and Marshall) shaped their views of the Union, in contrast with those who were not there (e.g. Jefferson and Madison). In any event, here’s a little character sketch of John Marshall from his bunkmate at Valley Forge:
“Nothing discouraged, nothing disturbed [Marshall].… If he only had bread to eat, it was just as well; if only meat, it made no difference. . . . John Marshall was the best tempered man I ever knew. . . . He was an excellent companion and idolized by the soldiers and his brother officers, whose gloomy hours were enlivened by his inexhaustible fund of anecdote.”
(For sources, see Kevin C. Walsh, Glimpses of Marshall in the Military, 50 U. Rich. L. Rev. 69, 73 n.12 (2016), available at Columbus Law School Scholarship Repository.)
Happy John Marshall Day to all who celebrate!