John McLean

John McLean
Daguerreotype by Mathew Brady
John McLean
Born	11 3, 1785
Birthplace	Morris County, New Jersey, U.S.
Died	Template:Death date and age Cincinnati, Ohio, U.S.
Nationality	American
Occupation	Jurist, politician, newspaper publisher
Known for	Dissent in Dred Scott v. Sandford; service in all three branches of U.S. government
Spouse(s)	Template:Marriage Template:Marriage

John McLean (March 11, 1785 – April 4, 1861) was an American jurist, politician, and newspaper publisher whose career spanned more than four decades of public service at every level of the American republic. Born on the New Jersey frontier and raised in the expanding settlements of Kentucky and Ohio, McLean rose from modest origins to become a United States congressman, a justice of the Ohio Supreme Court, the United States Postmaster General, and an Associate Justice of the Supreme Court of the United States. He is one of the few figures in American history to have served in all three branches of the federal government. Throughout his more than three decades on the U.S. Supreme Court, McLean became known for his antislavery views, most prominently as one of two dissenters in the landmark 1857 case Dred Scott v. Sandford. His political ambitions were enduring: he sought or was discussed for the presidency under the banners of multiple parties, including the Whig, Free Soil, and Republican parties, though he never secured a major-party nomination.

Early Life

John McLean was born on March 11, 1785, in Morris County, New Jersey, to Fergus McLean and Sophia Blackford McLean. His family was of Scotch-Irish descent and lived in modest circumstances. When McLean was still a young child, his family relocated westward, part of the great migration of settlers into the American interior during the late eighteenth century. The McLean family moved first to Morgantown, Virginia (now West Virginia), then to Kentucky, and finally settled in Warren County, Ohio, around 1797.

Growing up on the frontier, McLean had limited access to formal schooling. His early education was largely self-directed, supplemented by intermittent instruction from itinerant teachers and local clergymen. Despite these limitations, he proved to be an avid reader and a diligent student. As a young man in Ohio, he studied under two Presbyterian ministers who provided him with a more rigorous classical education, including instruction in Latin and Greek. This early grounding in the classics and in legal reasoning laid the foundation for his later career in law and public service.

McLean's upbringing in the frontier communities of Kentucky and Ohio shaped his political outlook and personal character. The hardships of frontier life instilled in him a sense of self-reliance and egalitarian values that would later inform his judicial philosophy and his opposition to slavery. The rapidly growing state of Ohio, which had been admitted to the Union in 1803, offered ample opportunities for an ambitious and intellectually capable young man, and McLean made full use of them.

Education

McLean's formal education was limited by the circumstances of frontier life, but he supplemented his early learning through private study and tutelage. After receiving instruction from Presbyterian clergymen in Ohio, McLean undertook the study of law under the direction of Arthur St. Clair Jr., the son of General Arthur St. Clair, who had served as governor of the Northwest Territory. He was admitted to the bar in 1807 and began practicing law in Ohio. McLean's legal education was typical of the era, relying on apprenticeship rather than attendance at a formal law school, and he demonstrated sufficient mastery of legal principles to quickly establish himself as a competent attorney in the growing communities of southwestern Ohio.

Career

Early Legal and Publishing Career

After his admission to the bar in 1807, McLean established a law practice in the town of Lebanon, Ohio. In addition to his legal work, McLean founded The Western Star, a weekly newspaper, demonstrating an early interest in public affairs and communication that would serve him throughout his career. His dual roles as attorney and newspaper publisher gave him visibility and influence in the local community, and he quickly became a prominent figure in Warren County politics.

McLean's legal practice grew steadily, and his reputation as a capable and principled lawyer attracted attention beyond his immediate community. His newspaper allowed him to engage with the political debates of the day, including questions about the development of the western territories, internal improvements, and the growing national controversy over slavery. These early experiences in law and journalism provided McLean with the skills and connections that would propel him into state and national politics.

United States House of Representatives

In 1812, McLean was elected to the United States House of Representatives as a Democratic-Republican from Ohio. He took his seat on March 4, 1813, succeeding Jeremiah Morrow. During his time in Congress, McLean supported the War of 1812 and aligned himself with the nationalist wing of the Democratic-Republican Party, which favored a strong federal government, internal improvements, and economic development.

McLean served in the House until 1816, winning reelection once during his tenure. His congressional service was marked by a pragmatic approach to legislation and a focus on the needs of his frontier constituents. However, his time in the House was relatively brief, as he was drawn to the judiciary and accepted election to the Ohio Supreme Court before completing a full second term.

Ohio Supreme Court

On February 17, 1816, McLean was elected to the Ohio Supreme Court, succeeding William Irvin as an associate justice. He resigned his seat in the United States House of Representatives to accept the judicial appointment, a move that reflected his growing preference for the bench over the legislative arena.

McLean served on the Ohio Supreme Court for six years, from 1816 to 1822. During this period, Ohio was undergoing rapid growth and economic development, and the state court faced a wide range of legal questions related to land titles, commercial disputes, and the boundaries of state and federal authority. McLean earned a reputation as a careful and principled jurist, and his opinions contributed to the development of Ohio's legal framework during a formative period in the state's history.

His service on the Ohio Supreme Court also brought him to the attention of national political figures. McLean's combination of judicial temperament, political connections, and geographic location—Ohio was one of the most important states in early nineteenth-century American politics—made him an attractive candidate for federal office.

Commissioner of the General Land Office

In 1822, President James Monroe appointed McLean as the Commissioner of the General Land Office, a position of considerable importance in an era when the disposition of public lands was a central function of the federal government. McLean assumed the office on September 11, 1822, succeeding Josiah Meigs. The General Land Office oversaw the surveying, sale, and distribution of federal lands in the expanding western territories, and the commissioner played a key role in shaping the nation's land policy.

McLean served as commissioner for less than a year before being elevated to a more prominent position in the Monroe administration. His brief tenure nevertheless demonstrated his administrative capabilities and his commitment to efficient government, qualities that would become more fully apparent in his next role.

United States Postmaster General

On June 26, 1823, President Monroe appointed McLean as the United States Postmaster General, succeeding Return J. Meigs Jr.. McLean served in this capacity under both Monroe and President John Quincy Adams, holding the office until March 4, 1829. His tenure as Postmaster General is widely considered one of the most consequential in the history of the position.

Under McLean's leadership, the United States Postal Service underwent a major expansion. He increased the number of post offices and postal routes, improved mail delivery times, and professionalized the department's operations. The postal system was one of the largest and most visible arms of the federal government in the early nineteenth century, and McLean used his position to build a vast network of political supporters and patronage connections across the country.

McLean's management of the Post Office Department also reflected his political ambitions. By controlling the appointment of thousands of local postmasters, he cultivated a national political base that transcended regional and factional boundaries. His political maneuvering during this period led to widespread speculation that he harbored presidential aspirations, a theme that would recur throughout the rest of his career.

When Andrew Jackson won the presidency in 1828, McLean initially expected to be retained in the cabinet. However, Jackson's desire to implement a thorough system of political patronage clashed with McLean's reluctance to dismiss competent postmasters solely for partisan reasons. Rather than force a confrontation, Jackson resolved the situation by offering McLean a seat on the United States Supreme Court, an appointment that McLean accepted.

Associate Justice of the United States Supreme Court

On March 7, 1829, President Andrew Jackson nominated John McLean to serve as an Associate Justice of the Supreme Court of the United States, filling the vacancy created by the death of Justice Robert Trimble. McLean was confirmed by the United States Senate and took his oath of office on March 12, 1829. He would serve on the Supreme Court for more than thirty-two years, one of the longest tenures in the Court's history at that time.

Judicial Philosophy and Notable Opinions

McLean's jurisprudence was shaped by his nationalist outlook and his moral opposition to slavery. He generally favored a broad interpretation of federal power, particularly in matters of commerce and transportation, which reflected his experience as Postmaster General and his belief in the importance of a connected national infrastructure.

McLean's antislavery views set him apart from many of his colleagues on the bench. He was the sole dissenter in Prigg v. Pennsylvania (1842), a case involving the Fugitive Slave Act of 1793. In that case, the majority held that federal law preempted state personal liberty laws designed to protect free Black people from being kidnapped into slavery. McLean dissented, arguing that states retained the right to protect the liberty of their residents.

McLean's most famous opinion came in Dred Scott v. Sandford (1857), one of the most consequential and controversial decisions in American legal history. In that case, Chief Justice Roger B. Taney wrote for the majority that African Americans could not be citizens of the United States and that Congress lacked the power to prohibit slavery in the federal territories. McLean, along with Justice Benjamin Robbins Curtis, dissented vigorously. McLean's dissent argued that Black people could be citizens, that Congress possessed the constitutional authority to regulate slavery in the territories, and that the Missouri Compromise was a valid exercise of legislative power. His dissent was celebrated by antislavery activists and Republicans in the North, and it helped solidify his reputation as one of the Court's leading opponents of slavery.

Beyond the slavery cases, McLean participated in numerous decisions involving commerce, transportation, and federal-state relations during a period of significant legal and constitutional development. His long tenure on the Court allowed him to witness and participate in the jurisprudential evolution that accompanied the nation's expansion westward, the growth of industrial capitalism, and the deepening sectional crisis that would ultimately lead to the Civil War.

Presidential Ambitions

Throughout his time on the Supreme Court, McLean remained an active and ambitious political figure, a characteristic that distinguished him from most of his judicial colleagues and occasionally drew criticism. He was frequently mentioned as a potential presidential candidate, and he actively sought the nomination of multiple political parties over a period of more than two decades.

McLean's shifting party affiliations reflected the fluid and rapidly changing nature of American politics in the antebellum period. Originally a Democratic-Republican, he later associated himself with the National Republicans, the Democrats, the Anti-Masonic Party, the Whig Party, the Free Soil Party, and ultimately the Republican Party.

At the 1848 Whig National Convention, McLean received support from a number of delegates, though the nomination ultimately went to General Zachary Taylor. He was again a candidate at the 1856 Republican National Convention, where he received significant support on early ballots before the nomination went to John C. Frémont. McLean made his final bid for the presidency at the 1860 Republican National Convention, but by that time he was seventy-five years old and in declining health, and the nomination was won by Abraham Lincoln.

McLean's persistent pursuit of the presidency while serving on the Supreme Court was unusual and drew comment from contemporaries. Some critics viewed his political activities as inappropriate for a sitting justice, while others saw his ambitions as a natural extension of his deeply held convictions about slavery and the future of the nation.

Personal Life

John McLean married Rebecca Edwards in 1807. The couple had several children together. Rebecca McLean died in 1840, and McLean subsequently married Sarah Bella Ludlow Garrard in 1843.

McLean was a devout Methodist and maintained a strong religious faith throughout his life. His religious convictions influenced his moral opposition to slavery and shaped his broader worldview. He was active in Methodist organizations and was known for his personal piety.

McLean settled in Cincinnati, Ohio, which served as his primary residence during his decades of service on the Supreme Court. Cincinnati, as one of the largest and most important cities in the West, provided a suitable base for a justice assigned to the western circuit. McLean rode circuit extensively, presiding over federal cases across a wide geographical area that encompassed much of the expanding American frontier.

McLean's health declined in the final years of his life. He continued to serve on the Supreme Court until his death on April 4, 1861, in Cincinnati, just days before the outbreak of the Civil War. He was buried in Spring Grove Cemetery in Cincinnati.

Recognition

McLean's contributions to American law and public service have been recognized in several ways. McLean County, Illinois, and McLean County, Kentucky, among other geographic features, were named in his honor, reflecting the esteem in which he was held during his lifetime.

McLean's dissent in Dred Scott v. Sandford has been cited by legal scholars and historians as one of the most significant dissenting opinions in the history of the Supreme Court. His argument that African Americans could be citizens and that Congress had the power to regulate slavery in the territories anticipated the constitutional amendments adopted during Reconstruction and has been recognized as an important contribution to the development of American constitutional law.

The Dickinson College archives maintain a collection of materials related to McLean, recognizing his importance as a figure in nineteenth-century American politics and law.

McLean was also recognized by the Supreme Court Historical Society, which has included biographical essays on him in its publications documenting the lives and careers of the justices.

Legacy

John McLean's legacy rests on several pillars: his role in expanding the postal system, his long service on the Supreme Court, his opposition to slavery, and his status as one of the few Americans to serve in all three branches of the federal government. His career illustrates the interconnections between law, politics, and moral conviction in antebellum America.

As Postmaster General, McLean presided over a transformative period in the development of the American postal system, helping to connect far-flung communities and facilitating the communication networks that were essential to the functioning of a continental democracy. His administrative reforms and expansion of postal routes contributed to the integration of the American West into the national economy and political system.

On the Supreme Court, McLean's antislavery dissents placed him on the side of history that would ultimately prevail with the Union's victory in the Civil War and the adoption of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution. His dissent in Dred Scott has been frequently cited as an example of principled judicial reasoning in opposition to an unjust majority opinion, and it contributed to the national debate over slavery that preceded the war.

McLean's repeated pursuit of the presidency, though ultimately unsuccessful, reflected the deep entanglement of the judiciary with partisan politics in the antebellum era. His willingness to seek political office while serving on the Court has been the subject of scholarly debate, with some historians viewing it as a departure from norms of judicial independence and others interpreting it as consistent with the less rigid separation between judicial and political life that characterized the period.

McLean died on April 4, 1861, on the eve of the Civil War—a conflict that would resolve many of the constitutional and moral questions that had defined his career. His successor on the Supreme Court, Noah Swayne, was appointed by President Abraham Lincoln and shared McLean's antislavery convictions, ensuring a degree of continuity in the jurisprudential tradition that McLean had championed.