Influential American statesman and jurist (1755–1835) who served as the fourth Chief Justice of the Supreme Court. Among the notable cases over which Marshall presided were the judicial review landmark Marbury v. Madison (1803) and the 1807 trial of Aaron Burr for treason. ALS signed “J. Marshall,” one page, 8 x 10, February 6, 1809. Letter to former Continental Congressman Thomas Fitzsimons. In part: “It will not be in my power to be in Washington during the present session of the Supreme Court, & it would be totally unnecessary if it were in my power, as my brother will be there & is much more capable of advising the course proper to be pursued. I am about to enclose to you your letter that he may be inform’d as far as possible, what has been done, & of your views for the future, he will also endeavor to furnish our proportion of the expenses.” Reverse of second integral page bears an address panel in Marshall’s hand. In very good condition, with intersecting folds, one through a single letter of signature, some scattered light toning and soiling, and a few creases and wrinkles.
This letter offers insight into the venerable justice’s respect for the responsibilities he bore as the leader of the High Court, as well as the esteem he held for his brother. “It would be totally unnecessary if it were in my power,” Marshall said of his inability to be in Washington, “as my brother will be there [and] is much more capable of advising the course proper to be pursued.” Fitzsimons had appeared before the Supreme Court only a year earlier, and had sought Marshall's advice about hiring counsel and when a decision might be expected. Marshall would indeed be in Washington, D.C. only a month later to administer the oath of office to James Madison. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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