John McLean
Encyclopedia
John McLean was an American
jurist
and politician who served in the United States Congress
, as U.S. Postmaster General, and as a justice on the Ohio and U.S. Supreme Courts, and was often discussed for the Whig and Republican nominations for President.
, the son of Fergus McLean and Sophia Blackford. After living in a succession of frontier towns, Morgantown, Virginia
; Nicholasville, Kentucky
; and Maysville, Kentucky
; in 1797 his family settled in Ridgeville
, Warren County, Ohio
. His brother William was also a successful Ohio politician. His brother Finis McLean
was a United States Representative from Kentucky.
He read law and was admitted to the bar in 1807. That same year he founded The Western Star, a weekly newspaper at Lebanon
, the Warren County seat, where he practiced law. He was elected to the U.S. House
for the Thirteenth and Fourteenth Congresses, serving from March 4, 1813, until he resigned in 1816 to take a seat on the Ohio Supreme Court, to which he had been elected on February 17, 1816, replacing William W. Irwin
.
He resigned his judgeship in 1822 to take President James Monroe
's appointment to be Commissioner of the General Land Office
, serving until 1823, when Monroe appointed him United States Postmaster General
. McLean served in that post from December 9, 1823, to March 7, 1829, under Monroe and John Quincy Adams
, presiding over a massive expansion of the Post Office
into the new western states and territories and the elevation of the Postmaster Generalship to a cabinet office.
, who offered him the posts of Secretary of War
and Secretary of the Navy. McLean declined both and was instead appointed to the Supreme Court by Jackson on March 6, 1829, to a seat vacated by Robert Trimble
. McLean was confirmed by the United States Senate
on March 7, 1829, receiving his commission the same day.
Known as "The Politician on the Supreme Court," he associated himself with every party on the political spectrum, moving from a Jackson Democrat, to the Anti-Jackson Democrats, the Anti-Masonic Party
, the Whigs, the Free Soilers
, and finally the Republicans. Through the 1830s and 1840s, he was frequently discussed as a potential Whig presidential candidate. President John Tyler
offered him the post of Secretary of War
, but he declined. Because of his anti-slavery-extension positions, he was considered by the new Republican party as a candidate in 1856. Despite his efforts, the nomination went to John C. Frémont
. In 1860, he tried again, winning twelve votes on the first ballot at the Republican convention in Chicago; Abraham Lincoln
ultimately was nominated.
In Dred Scott v. Sandford
, his strong dissenting views are believed to have forced the hand of Chief Justice Roger Brooke Taney into a harsher and more polarizing opinion than he originally planned. To the argument that "a colored citizen would not be an agreeable member of society", McLean responded, "This is more a matter of taste than of law." He also wrote the Court's opinion denying there was a common-law copyright in American law in Wheaton v. Peters
.
, who counted among their members former presidents Andrew Jackson
and John Quincy Adams
and many prominent men of the day, including well-known representatives of the military, government service, medical and other professions.
, and was buried in Spring Grove Cemetery
, Cincinnati. Prior to his death, McLean had been the last surviving member of the Monroe and Adams Cabinets. His son, Nathaniel C. McLean, was a Union
general
in the American Civil War
. His daughter Evelyn McLean married Joseph Pannell Taylor
, brother of U.S.President Zachary Taylor
.
During the Civil War, Camp John McLean, a Union Army
training camp in Cincinnati, was named in his honor.
His remains are interred at Spring Grove Cemetery
in Cincinnati, Ohio
. Also interred there is Stanley Matthews
, another Associate Justice.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and politician who served in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, as U.S. Postmaster General, and as a justice on the Ohio and U.S. Supreme Courts, and was often discussed for the Whig and Republican nominations for President.
Early years
McLean was born in Morris County, New JerseyMorris County, New Jersey
Morris County is a county located in the U.S. state of New Jersey, about west of New York City. According to the United States 2010 Census, the population was 492,276. It is part of the New York Metropolitan Area. Its county seat is Morristown....
, the son of Fergus McLean and Sophia Blackford. After living in a succession of frontier towns, Morgantown, Virginia
Morgantown, West Virginia
Morgantown is a city in Monongalia County, West Virginia. It is the county seat of Monongalia County. Placed along the banks of the Monongahela River, Morgantown is the largest city in North-Central West Virginia, and the base of the Morgantown metropolitan area...
; Nicholasville, Kentucky
Nicholasville, Kentucky
Nicholasville is the 11th largest city in state of Kentucky and the county seat of Jessamine County, Kentucky, United States. The population was 19,680 at the 2000 census...
; and Maysville, Kentucky
Maysville, Kentucky
Maysville is a city in and the county seat of Mason County, Kentucky, United States. The population was 8,993 at the 2000 census, making it the fiftieth largest city in Kentucky by population. Maysville is on the Ohio River, northeast of Lexington. It is the principal city of the Maysville...
; in 1797 his family settled in Ridgeville
Ridgeville, Ohio
Ridgeville is an unincorporated place in central Clearcreek Township, Warren County, Ohio, United States. It is located on State Route 48 in the north central part of the county, in sections 30 and 36, T4R4, Between the Miami Rivers Survey. The city was laid out by Fergus McLean, the father...
, Warren County, Ohio
Warren County, Ohio
Warren County is a county located in the state of Ohio, United States. The population was 212,693 at the 2010 census. Its county seat is Lebanon. Warren County was erected May 1, 1803, from Hamilton County, and named for Dr...
. His brother William was also a successful Ohio politician. His brother Finis McLean
Finis McLean
Finis Ewing McLean was a United States Representative from Kentucky. He was the brother of John McLean and uncle of James David Walker. Born near Russellville, Kentucky, he attended the country schools and Lebanon Academy in Logan County, Kentucky. Later, he studied law, was admitted to the bar,...
was a United States Representative from Kentucky.
He read law and was admitted to the bar in 1807. That same year he founded The Western Star, a weekly newspaper at Lebanon
Lebanon, Ohio
The population at the 2010 census was 20,033. As of the census of 2000, there were 16,962 people residing in the city. The population density was 1,440.6 people per square mile . There were 6,218 housing units at an average density of 528.1 per square mile...
, the Warren County seat, where he practiced law. He was elected to the U.S. House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
for the Thirteenth and Fourteenth Congresses, serving from March 4, 1813, until he resigned in 1816 to take a seat on the Ohio Supreme Court, to which he had been elected on February 17, 1816, replacing William W. Irwin
William W. Irwin
William Wallace Irwin was Mayor of Pittsburgh and a Whig member of the U.S. House of Representatives from Pennsylvania.-Early life:...
.
Executive branch service
James Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
's appointment to be Commissioner of the General Land Office
General Land Office
The General Land Office was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury...
, serving until 1823, when Monroe appointed him United States Postmaster General
United States Postmaster General
The United States Postmaster General is the Chief Executive Officer of the United States Postal Service. The office, in one form or another, is older than both the United States Constitution and the United States Declaration of Independence...
. McLean served in that post from December 9, 1823, to March 7, 1829, under Monroe and John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
, presiding over a massive expansion of the Post Office
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...
into the new western states and territories and the elevation of the Postmaster Generalship to a cabinet office.
Supreme Court appointment and tenure
While Postmaster General, McLean supported Andrew JacksonAndrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
, who offered him the posts of Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
and Secretary of the Navy. McLean declined both and was instead appointed to the Supreme Court by Jackson on March 6, 1829, to a seat vacated by Robert Trimble
Robert Trimble
Robert Trimble was an attorney, judge, and a justice of the United States Supreme Court.-Early life and family:...
. McLean was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 7, 1829, receiving his commission the same day.
Known as "The Politician on the Supreme Court," he associated himself with every party on the political spectrum, moving from a Jackson Democrat, to the Anti-Jackson Democrats, the Anti-Masonic Party
Anti-Masonic Party
The Anti-Masonic Party was the first "third party" in the United States. It strongly opposed Freemasonry and was founded as a single-issue party aspiring to become a major party....
, the Whigs, the Free Soilers
Free Soil Party
The Free Soil Party was a short-lived political party in the United States active in the 1848 and 1852 presidential elections, and in some state elections. It was a third party and a single-issue party that largely appealed to and drew its greatest strength from New York State. The party leadership...
, and finally the Republicans. Through the 1830s and 1840s, he was frequently discussed as a potential Whig presidential candidate. President John Tyler
John Tyler
John Tyler was the tenth President of the United States . A native of Virginia, Tyler served as a state legislator, governor, U.S. representative, and U.S. senator before being elected Vice President . He was the first to succeed to the office of President following the death of a predecessor...
offered him the post of Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
, but he declined. Because of his anti-slavery-extension positions, he was considered by the new Republican party as a candidate in 1856. Despite his efforts, the nomination went to John C. Frémont
John C. Frémont
John Charles Frémont , was an American military officer, explorer, and the first candidate of the anti-slavery Republican Party for the office of President of the United States. During the 1840s, that era's penny press accorded Frémont the sobriquet The Pathfinder...
. In 1860, he tried again, winning twelve votes on the first ballot at the Republican convention in Chicago; Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
ultimately was nominated.
In Dred Scott v. Sandford
Dred Scott v. Sandford
Dred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...
, his strong dissenting views are believed to have forced the hand of Chief Justice Roger Brooke Taney into a harsher and more polarizing opinion than he originally planned. To the argument that "a colored citizen would not be an agreeable member of society", McLean responded, "This is more a matter of taste than of law." He also wrote the Court's opinion denying there was a common-law copyright in American law in Wheaton v. Peters
Wheaton v. Peters
Wheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...
.
Societies
During the 1820s, McLean was a member of the prestigious society, Columbian Institute for the Promotion of Arts and SciencesColumbian Institute for the Promotion of Arts and Sciences
The Columbian Institute for the Promotion of Arts and Sciences was a literary and science institution in Washington, D.C., founded by Dr. Edward Cutbush , a naval surgeon...
, who counted among their members former presidents Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
and John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
and many prominent men of the day, including well-known representatives of the military, government service, medical and other professions.
Later life
He died in Cincinnati, OhioCincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, and was buried in Spring Grove Cemetery
Spring Grove Cemetery
Spring Grove Cemetery and Arboretum is a nonprofit garden cemetery and arboretum located at 4521 Spring Grove Avenue, Cincinnati, Ohio. It is the second largest cemetery in the United States and is recognized as a U.S. National Historic Landmark....
, Cincinnati. Prior to his death, McLean had been the last surviving member of the Monroe and Adams Cabinets. His son, Nathaniel C. McLean, was a Union
Union (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
general
Brigadier general (United States)
A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...
in the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. His daughter Evelyn McLean married Joseph Pannell Taylor
Joseph Pannell Taylor
Joseph Pannell Taylor was a career United States Army officer and Union general in the American Civil War.-Early life:...
, brother of U.S.President Zachary Taylor
Zachary Taylor
Zachary Taylor was the 12th President of the United States and an American military leader. Initially uninterested in politics, Taylor nonetheless ran as a Whig in the 1848 presidential election, defeating Lewis Cass...
.
During the Civil War, Camp John McLean, a Union Army
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
training camp in Cincinnati, was named in his honor.
His remains are interred at Spring Grove Cemetery
Spring Grove Cemetery
Spring Grove Cemetery and Arboretum is a nonprofit garden cemetery and arboretum located at 4521 Spring Grove Avenue, Cincinnati, Ohio. It is the second largest cemetery in the United States and is recognized as a U.S. National Historic Landmark....
in Cincinnati, Ohio
Cincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
. Also interred there is Stanley Matthews
Stanley Matthews
Sir Stanley Matthews, CBE was an English footballer. Often regarded as one of the greatest players of the English game, he is the only player to have been knighted while still playing, as well as being the first winner of both the European Footballer of the Year and the Football Writers'...
, another Associate Justice.
See also
- List of Justices of the Supreme Court of the United States
- List of United States Chief Justices by time in office
- List of U.S. Supreme Court Justices by time in office
- United States Supreme Court cases during the Marshall Court
- United States Supreme Court cases during the Taney Court
Further reading
- Flanders, Henry. http://books.google.com/books?id=eEQEAAAAYAAJ&printsec=frontcover&dq=Flanders,+Henry.+The+Lives+and+Times+of+the+Chief+Justices+of+the+United+States+Supreme+Court&source=bl&ots=TlVq46f3l1&sig=xFW-bezy_iOIcXW3X8l-bbzddk8&hl=en&ei=kh1TS5atOIzkNc3DuYkJ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA#v=onepage&q=&f=falseThe Lives and Times of the Chief Justices of the United States Supreme Court]. Philadelphia: J. B. Lippincott & Co., 1874 at Google Books.
- White, G. Edward. The Marshall Court & Cultural Change, 1815-35. Published in an abridged edition, 1991.
External links
- John McLean at Find A GraveFind A GraveFind a Grave is a commercial website providing free access and input to an online database of cemetery records. It was founded in 1998 as a DBA and incorporated in 2000.-History:...
- John McLean at the Ohio Historical Society