The Berks Barrister Summer 2017 - 17

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the presentation in the exhibit of the life of John Marshall, by
way of wall text, items on display, and the descriptions of those
items, rather effectively and interestingly limns the impressive
career of this towering and pre-eminent figure, and that it even
provides something of an insight into his view of himself and the
state and federal governments in which he served. The visitor
is informed that Marshall was born in a log cabin, and that he
grew up on the Virginia frontier. One is informed that Marshall
joined the militia and fought for American independence, and
that he served at Valley Forge, Brandywine, Germantown, and
Monmouth. One is informed that Marshall attended lectures on
the law at William & Mary, and that he received his law license
after three - yes, three - months of formal legal education.
Further information reveals that Marshall turned down federal
appointments so as to maintain his busy law practice; that
Marshall served in the Virginia State Assembly, and in the
United States House of Representatives; and that Marshall
turned down a nomination to be an associate justice of the
Supreme Court of the United States. One is also advised that
Adams' nomination of Marshall to be Chief Justice of the United
States was made two months prior to the end of the term of
Adams, and that he took his seat one month - yes, one month
- before the inauguration of Thomas Jefferson. Importantly, the
visitor is also informed that Marshall did not believe it desirable
that a general government rely on states to implement national
policies; that Marshall worked successfully to establish consensus
among the justices of the Supreme Court of the United States;
and that in his thirty-four years as Chief Justice of the United
States, Marshall helped to establish an independent judiciary, and
built up the bipartisan legitimacy of the Supreme Court.
In addition to the written word, an array of documents, some
original, and other items are on display to portray Marshall's
life. These items include, for example, an original 1827
autobiographical letter of Marshall; an 1833 pension claim find
by Marshall; a 1788 first edition of The Federalist; John Adams'
1797 Appointment of Three Envoys, regarding what became
known as the XYZ Affair; the traveling desk of Marshall from
the XYZ Affair; Marshall's biography of George Washington; a
reproduction of a letter of 1819 from Thomas Jefferson to Judge
Roane that criticizes Judicial Supremacy; and a letter from James
Madison of 1819 that evidences a critical reaction to McCulloch
v. Maryland. A portrait of Marshall by Henry Inman is also on
display.
While a lawyer would probably view this exhibit in a way
that differs from that of a non-lawyer, the exhibit is worthy of
viewing by both. Issues known to lawyers and non-lawyers
alike concerning the power of the Supreme Court, separation of
powers, checks and balances, and Federalism, arose largely as a
result of decisions handed down by the Supreme Court during
John Marshall's thirty-four year tenure as Chief Justice of the
United States. These issues were hotly debated in Marshall's
day, and are still hotly debated today. John Marshall was a man
of great accomplishment, whose life, even to his detractors,
was meaningful and impactful. I am now drawn back to the
quodlibet I posed, and to the other part of my most recent visit
to the NCS.

On September 15, 1963, four African-American girls, three of
whom were 14 years of age, one of whom was 11, were horribly
and tragically killed as a result of a bombing at the 16th Street
Baptist Church in Birmingham, Alabama. On the day I visited
the NCS to see the John Marshall exhibit, the unexpected
opportunity to attend a panel discussion focused on that terrible
event presented itself, and I seized this opportunity. Jeffrey
Rosen, President and CEO of the NCS, led the discussion.
The other members of the panel were Hannibal Lokumbe,
Composer-In-Residence with the Philadelphia Orchestra;
Steven Levingston, Non-Fiction Book Editor at the Washington
Post, and author of a recently published book, "Kennedy and
King,"; and Sarah Collins Rudolph, sister of one of the girls
killed in the bombing, Addie Mae Collins. The discussion was
riveting, and I would urge you to go to the website of the NCS at
constitutioncenter.org to view it yourself.
At the outset of the discussion, Mr. Lokumbe played on
trumpet an ode that he composed in honor of Sarah Collins.
The words that he spoke after he played this were as plaintive as
the piece that he played. Mr. Levingston read a short excerpt
about the bombing from his book, and said that the bombing
had caused the Civil Rights Movement to coalesce, and that it
had galvanized the Movement to get legislation. Sarah Collins
Rudolph, however, provided the most poignant part of the
program. Ms. Rudolph was 12 years of age at the time of the
bombing, and was a survivor of it. She spoke of her calling out to
her sister after the explosion, and of her losing sight in her right
eye as just one terrible consequence of it. Ms. Rudolph said that
she has forgiven the attackers.
John Marshall led one of the most accomplished and impactful
lives in the history of our country. His life, however, could
certainly not be said to have been perfect. The fact that he had
been a slaveholder is one that cannot be ignored, and one that
must be remembered. Yet his life was a full one. John Marshall
died at the age of 79. Addie Mae Collins did not have the
opportunity to live a full life. She was tragically killed at the age
of 14. For me, the consideration of these two lives on the same
day, in the same place, was striking, moving and somewhat ironic.
Was the life of Addie Mae Collins, on any scale, and in any way,
any less meaningful or impactful than that of John Marshall? I
think not. Perhaps I didn't need to qualify my question after all.
With this issue Mr. Duffy, a
Pennsylvania lawyer, joins the stable
of writers for the Barrister. His good
friend, the BCBA Executive Director,
views Mr. Duffy as a Renaissance
person whose interests span the
spectrum from law to religion to
history to literature to film to stage
to art to sports. His future writing
for the Barrister will draw upon that
broad spectrum of knowledge.
Summer 2017 | 17
http://www.berksbar.org/ http://www.constitutioncenter.org
The Berks Barrister Summer 2017

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