The Supreme Court at Risk

Emerging Revolutionary War welcomes back guest historian Dan Welch.

It’s December 9, 1775. Not only was the future of the fledgling Patriot’s cause at stake, but the future of our yet-to-be created Supreme Court was as well. 

Over the previous months, rebel forces in the area had been engaged with Lord Dunmore’s troops for control of military supplies in the colony of Virginia. This eventually led towards the area around Norfolk, where Dunmore’s forces had fortified a position opposite a river crossing that was strategic both militarily and economically. The position, south of Norfolk, at Great Bridge, was not uncontested. Just opposite Dunmore’s stockade, known as Fort Murray, on the other side of the river, rebel forces settled in, arriving on December 2.

Col. William Wofford, in command of the 2nd Virginia Regiment and about 100 men of the Culpeper Minutemen battalion, began entrenching their position opposite Fort Murray while more militia from surrounding Virginia counties and North Carolina marched towards their aid. As more men arrived, as well as several pieces of field artillery, Lord Dunmore grew wary. He believed his only course of action was to attack Wofford’s men and drive them from the field. The attack was set to begin by dawn’s early light on December 9, 1775.

Found in the ranks of Wofford’s command that morning as the battle opened was a father and son, Thomas and John Marshall. Thomas, a vestryman, High Sheriff, and a member of the House of Burgesses had brought his son with him into the patriot ranks from Fauquier County.  By the time of the battle, Thomas, who had been active in the organizing and raising the Culpeper Minutemen, had been appointed its major. His son John, age 20, its first lieutenant.

John Marshall’s biographer later recounted the importance of this moment on the young nineteen-year-old, writing “The young soldier in this brief time saw a flash of the great truth that liberty can be made a reality and then possessed only by men who are strong, courageous, unselfish, and wise enough to act unitedly…He began to discern, though vaguely as yet, the supreme need of the organization of democracy.”

John Marshall went on to serve as the fourth Chief Justice of the United States Supreme Court in 1801. Marshall remained at the post for thirty-four years, and, during his tenure, the Marshall Court brought the role of the Supreme Court to the fore, issued more than 1,000 decisions, and set the precedent of handing down a single majority opinion.  These accomplishments and influences are just some of many that Marshall had on the Court, the federal government, and American history.  Today, on the 245th anniversary of the battle of Great Bridge, it’s interesting to pause, reflect, and wonder how very different the United States and the Supreme Court might have been had Colonel Wofford’s forces, among them John Marshall, been defeated that day at the “second Bunker’s Hill affair….”

Pictures of Great Bridge Battlefield and monuments.

George Washington’s “Favorite” Charles Lee

When you mention the name “Charles Lee” in many Revolutionary War circles, one immediately thinks of Maj. Gen. Charles Lee. Though there was another Charles Lee and it can be argued provided more contributions to the United States than the British born military general.

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Charles Lee, Courtesy of Department of Justice

Charles Lee was born in 1758 on his father’s plantation Leesylvania in Prince William County, Virginia. The 2,000-acre farm that sat on the Potomac River and neighbored other Potomac River families such as the Fairfaxes, Washingtons and Masons. Charles’ father, Henry Lee II, a political colleague and friend of George Washington, Charles was one of eight siblings and five males that would solidify the Lee family’s role as leaders in politics and society. Continue reading “George Washington’s “Favorite” Charles Lee”

The Gerrymander: A Gift from the Founding Fathers

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Massachusetts Governor and U.S. Vice President Elbridge Gerry

Lately, the term “gerrymandering” is getting thrown around as some sort of new illness that afflicts the republic.  The process essentially involves drawing electoral district boundaries in ways that benefit one political party or the other and dates back to 1812 Massachusetts, when Governor Elbridge Gerry, a member in good standing of the founding generation, signed legislation radically redrawing electoral districts in the state to favor the Democratic-Republican Party.

Born in 1744, Gerry was a Massachusetts merchant and vocal opponent of British policy in the colonies who served in the Second Continental Congress, signed the Declaration of Independence, the Articles of Confederation, and attended the Constitutional Convention.   Like a few of his contemporaries, notably George Mason and Patrick Henry of Virginia, he refused to sign the Constitution due to its lack of an explicit Bill of Rights. Nonetheless, he went on to serve as an envoy to France in the Adams administration, then was elected to the U.S. House of Representatives, as Governor of Massachusetts, and then was Vice President under James Madison.  Only a few men had a better claim on the term “founding father.”

Continue reading “The Gerrymander: A Gift from the Founding Fathers”