John McLean was born in Morris County, New Jersey, March 3, 1785, the son of Fergus McLean and Sophia Blackford, farmers. He moved west with his family to Morgantown, Virginia, (now West Virginia), in 1789. He lived in a succession of frontier communities in Kentucky and Ohio before settling in Warren County, Ohio in 1797. He worked on his parents' farm until he was sixteen. At that age he received his first formal education in a local school, where he studied classics for two years.

In 1804 McLean was apprenticed to the clerk of the Court of Common Pleas of Hamilton County, Ohio. During that time he studied law under Arthur St. Clair, Jr., one of Ohio's leading lawyers. In 1807 McLean was admitted to the bar, and on March 20 of that year he married Rebecca Edwards of Newport, Kentucky. The couple had seven children.

The couple moved to Lebanon, Ohio, where McLean established a Democratic newspaper, the Western Star, which supported the administration of Thomas Jefferson. By 1811 he was examiner of the United States Land Office in Cincinnati (1811-1812). Elected as a War Hawk to the United States House of Representatives in 1812 and was reelected in 1814, he actively promoted the presidential candidacy of James Monroe. He served in Congress until 1816, when the Ohio legislature elected him to the Ohio Supreme Court, where he served from 1816 to 1822. He was then appointed commissioner of the General Land Office by President Monroe in 1822. He was made postmaster general in 1823, he oversaw a tremendous expansion in westward routes and the elevation of the office to cabinet status. McLean remained in office under President John Quincy Adams.

McLean was an early supporter of John C. Calhoun, and adroitly courted Andrew Jackson but skillfully kept Adams from finding grounds to dismiss him. After Jackson's victory in 1828, McLean's reward was appointment to the Supreme Court in 1829. McLean served as circuit justice for the Seventh Circuit, which comprised Ohio, Kentucky, and Tennessee from 1830 to 1837, and Michigan, Ohio, Indiana, and Illinois from 1837 to 1861. McLean's workload was heavy, in 1856 the number of new filings in his circuit, the number of cases disposed of, and remaining cases on the docket exceeded that of six of the other circuits combined. In the 1850's when Chief Justice Roger Taney was frequently ill, McLean, as the senior justice, often served as the presiding justice of the Supreme Court.

As an associate justice, McLean authored 160 majority opinions and thirty dissents. He was one of the few justices who published his circuit opinions.

McLean's first wife died in 1840, and on March 2, 1843 he married Sarah Bella G. Garrard, who was known for her abolitionist sentiments. They had one son who died in infancy.

McLean wrote a number of antislavery opinions, including one as an Ohio Supreme Court justice in Ohio v. Thomas D. Carneal  (1817), limiting the ability of slaveholders to take slaves into free states. In his concurrence in Groves v. Slaughter (1841), he indicated that the federal government acted on slaves as persons, not property; that federal power over the inter-state slave trade was exclusive under the commerce clause; and that slavery was derived solely from local law. He dissented in Prigg v. Pennsylvania (1842), which held that the federal Fugitive Slave Act pre-empted Pennsylvania's freedmen's acts. McLean opposed the Mexican War, in part because he felt it would open the new territories to slavery. In 1848 he publicly stated that to exist, slavery needed positive law, and that consequently - unless authorized by Congress - slavery could not exist in a territory. But he also enforced the Fugitive Slave Act of 1793 in cases such as Jones V. Van Zandt (1847) and he later upheld the constitutionality of the 1850 Fugitive Slave Act in Miller v. McQuerry (1853). This brought him the condemnation of many abolitionists.

McLean's most famous opinion was his dissent in Dred Scott v. Sanford (1857). McLean has been blamed, perhaps unfairly, for precipitating the Dred Scott decision. According to his biographer, Francis P. Weisenburger, McLean decided to dissent on the merits after the breakdown of the Court's original decision to dispose of the question on jurisdictional grounds. In contrast to the majority opinion that blacks, free or slave, were not U. S. citizens, McLean held that an American born person held in slavery became a citizen when he or she became free. He also dissented from the majority opinion that the Missouri Compromise of 1820 was unconstitutional. Although he gave courage to those who opposed the majority's decision, even his biographer stated that the dissent of Justice Curtis was "much the abler."

McLean was frequently considered as a presidential candidate, a fact that prejudiced both contemporary and historical opinion against him. He flirted with a variety of parties during his thirty year quest for the highest office, Jacksonian Democrats, anti-Jackson Democrats, Antimasons, Whigs, Free Soilers and Republicans. He refused the nomination of the Anti-Masonic Convention in 1831. He was endorsed by the Ohio legislature as a candidate for president in 1836. He unsuccessfully sought the Whig nomination in 1848 and was discussed as a possible Free Soil candidate that same year. He received 196 votes in a straw poll at the 1856 Republican convention and twelve votes on the first ballot at the 1860 Republican convention. His presidential ambitions were heightened, in part, by the low opinion he had of almost every other presidential candidate during this period.

McLean was in good health until the last two years of his life, when illness kept him at times from the bench in both his circuit and the Supreme Court. He died April 3, 1861 and is buried in Cincinnati. Weisenburger noted that while McLean spent most of his public life on the bench, he "was a politician before he became a jurist, and he remained a politician to the end."

 

The letters in the collection detail the domestic and personal life of McLean and his extended family with considerable insight into his relationship with his wife and children. The many absences and long separations from her husband while McLean was on his circuit and in Washington on court business took a toll on Mrs. McLean. The letters detail his relationship with his children including their education, his son Nathaniel studied law at Harvard with McLean's colleague Joseph Story. His children seem to have had a variety of difficulties in their adult life from health to financial woes and McLean was looked to for assistance and his influence was often sought.

The letters also shed light on McLean's political views and activities, Whig Party politics, and his aspirations for higher office.

 

       Sample quotes follow:      

       John McLean to his wife, Rebecca, Washington, February 2, 1835:

       "My dear Wife...

        ... There is nothing new in politicks. My friends are less active than others. Indeed they seem to have no energy or conceit. Clay on one side Webster on the other and their creatures exert themselves against me, thinking the chance of each is rendered better by putting me out of the way. If my friends move in New Jersey and Connecticut in time all may be well. But if they shall delay and there shall be no response to the expression of Ohio, it will be received and have the effect of a decision against me.

              Corruption and intrigue are the order of the day and a man who does not practice on their polluted ground can have no flattering prospect of success..."

 

       Washington, February 5, 1835, McLean to wife Rebecca in Philadelphia:

       "... from a late meeting in favor of Gen. Harrison at Harrisburgh, he has become almost crazy on the subject. I am inclined to think that this movement is countenanced both by Clay and the supporters of Van Buren with the view of affecting me. Harrison represents that he has no doubt of carrying Pennsylvania by an overwhelming majority, and so numerous have been the representations to this effect that he has got up a meeting in Hamilton County which nominated him and I see a call for a meeting signed by a great many names in Cincinnati. This thing is pushed on by my enemies and my friends are made the dupes of it. The result of the meeting I have not heard.

              The time of the court, I hope, is nearly half over. I shall rejoice when the time of adjournment shall come. Mr. Webster, I think is making no progress and there seems to be some check to the prospects of Judge White. Their candidates will find that a little excitement may be got up, but it is difficult to extend it without active and numerous friends..."

 

       Philadelphia, February 15, 1835, Rebecca McLean to her husband in Washington:

       "My dear husband...

        ... Reeves has been here but is now in New York while he was here we got the acct. of the Harrison meeting of which you speak with a list of all who nominated him. One night Rebecca read them all over and we asked Reeves who they all are and what their politicks and amongst them he pointed out a good many who had been amongst your warmest supporters and were part of a similar former meeting for you. This staggered Augustus a good deal I do not think myself that A knows anything about politicks he is as weeke as a child and can be blown about with any wind....

      For Mary is still here and perfectly deranged they took her to Mr. B. W.'s for a few days about the time dear little Mack died but they sent her back soon after Rebecca was very bitterly opposed to her coming back and it has kept up a sowerness between them ever since indeed I think she had enough to bear without the care of a crazy sister. ..."

 

      Washington, February 17, 1835, John McLean to Rebecca, Philadelphia:

      "...The report of the majority of the committee in the House of Representatives on the Post Office being made the creatures of Van Buren, or at least such is put as to Beardsley who drew the report here, I am informed sacrificed Barry to strike at me. This report, I am told, though I have not seen it, is a tissue of falsehoods, made with a view to affect me in public estimation. These things however must be expected. There is no principle, no truth, no patriotism among politicians.

      The friends of White are active and the friends of Van Buren are unceasing, but mine seem to rest upon their dignity. Nothing that I am aware of is doing here among the members. And the people are looking to this place for action. The fact is that the leading politicians, Clay and Webster hold their associates in check. Whilst neither has the slightest prospect of success, their former friends are afraid to act lest they should offend one or both of them...."

 

      Philadelphia, March 8, 1835, Rebecca McLean to husband in Washington:

      "My dear Husband...

       I was much astonished to find that we owed so much money. I recollect three years ago we had a conversation in our room at Mr. Weed's when you told me that you owed about 6 thousand dollars and you thought by the sail [sic] of your farms and economy you should be out of debt in three years, that time has arrived and we are now one thousand dollars more in debt than we were then... I did not know we owed so much in Washington..."

 

      Longwood Cottage, (KY) February 2, 1836, Rebecca McLean to husband in Washington:

      "... Eva has another son just a weeke old he is large fine looking child weighing ten pounds she is very well but they have no servant but what they had when you left and so I am made nurse, house keeper and dairy maid in fact I am nearly broken down. I cannot stand waiting on spoiled children and drudging for other people if I am valued as fit for nothing but a drudge at my time of life I am determined it shall be for my self and no one else. Our poore Eva must be subject to the tyranny of the Capt. all her life but I will not..."

 

     Madison, (Ind.) October 14, 1836 John McLean, Jr., to his father:

     "We yesterday received intelligence from Ohio concerning the elections. Stoner has been left out and although they have not heard finally it is generally believed here that Vance will be the next governor, at first the Whigs in this place were very much down in the mouth but they have since begun to pluck up considerably they say that the election of governor is the test and if Vance is elected the state will go for Harrison. ... H---- appears to be gaining ground very rapidly everywhere. His friends here are making very great exertions and are continually calling meetings and going about making speeches in his behalf. ...

       When you write I want you to let me know the prospects of Harrison and Van Buren enter somewhat into detail, I think you may rely upon my discretion... I have come to look upon you as a sort of oracle in politics for you are so well acquainted with everybody and thing and I have often heard you predict things to your friends which have come to pass precisely as you said...

      I am frequently asked what your politics are and always tell them I do not know and have stood by and heard you claimed by both parties being unable to say to which you belonged. I tell them that it is not proper for a person occupying the station you do to take an active part in politics..."

 

      Philadelphia, October 27, 1831, Richard Peters to John McLean, Frankfort, Kentucky:

      "The prospect of the Chief Justice towards a complete recovery has been almost unexampled ever since the operation he has been exempt from almost every unfavorable indication and Dr. Physick authorizes us to hope confidently that he will be returned to us in full health and entirely relieved from his disease. I know this will give you the highest satisfaction as I know how much you respect this great and good man, and how essential you consider his life to the preservation of the Constitution.

      You will have the Churches and Georgia before you at next term, or the State of Georgia for continuancy - For Justice Baldwin has allowed a writ of error on the application of the Revd. Mr. Wooster, and another, the missionaries who were sentenced to the penitentiary for being found within the Territory of the Cherokees, contrary to the Georgia Laws. Thus without the case being embarrassed by the question of "Foreign State" - or "State", the matter will be before you upon the Constitution - the treaties and the Law of 1802..."

 

      Washington, February 22, 1850, Chief Justice Roger B. Taney to John McLean:

      "I was in court for a short time today - to deliver the opinions which I read in conference two weeks ago - But am not well enough to sit & hear arguments. I was truly sorry to find you were still suffering from your cold - Mr. Vinton tells me you talk of going home - I hope Mrs. McLean will not let you move until your physician says you may do so with safety. ... I would have called to see you this morning when I was at the capitol & at the same time to pay my respects to Mrs. McLean - But my lungs are yet so irritable that I do not venture to walk out in the cold air - and went to the capitol & returned in a closed carriage..."

 

     Boston, January 6, 1835, Joshua Henshaw Hayward* to his father in law John McLean

     "... I cannot but feel some concern about her. Could I manage by means of business to take her to the South of Europe I believe it would do more than anything to confirm her constitution. Could I not persuade the government to give me a consulate at Marseilles, Leghorn, Palermo or Naples? ...

      There is nothing new here in the way of politicks; tho' I think radicalism of the worst kind is silently gaining ground & unless checked will eventually undermine everything valuable in our institutions.

      Infidelity is now openly preached in our city & the equal distribution of property is as openly maintained by the workers or levelers. What would Washington, Franklin or Hamilton say if they could return to be present at a New York election? What makes this state of things almost hopeless is the division that now exists in the opposition ranks. Unless something is done at Washington this winter to unite the different parties we must give up in despair, & let mob law have sway ‘till glutted by licentiousness it ends, as in France in a military despotism..."

      Cincinnati, January 16, 1835, William McLean to his brother John McLean, Washington:

      "... Gen'l. Harrison is still under full sail, was nominated by a meeting of three townships in this county held at Cheviot a few days ago at which some two hundred attended among others some of the Van B men. Harrison is really a greater fool than I supposed, but it is best for your friends to treat him kindly. I do not suppose any one of intelligence can suppose he has any chance, still he boasts of his superior strength in Penna. Says his friends write him from there that he is the only one can take the state against Van B. ...

      A respectable public meeting was held in Miami County a few days at Piqua responding unanimously favourable to your nomination at Columbus..."

 

      Cincinnati, August 14, 1835 William McLean to brother John McLean, Ridgeville, Ohio:

      "... Your remarks in reference to Harrison are perfectly correct, I doubt whether his qualifications are equal to Jackson certainly he has no more honesty & less firmness. You will see an extract of a letter from a gentleman in Kentucky in Conover's paper of this morning in which it is said Mr. Clay & all the Whigs of (Ky) are pleased with Harrison's prospects &c. The signs of the times indicate that Harrison is to be the candidate of the Clay party, and of course, no other can successfully compete with Van B but it would require the united strength of the opposition to defeat him, but I now consider him as certain of success. I wish you were decently off the track. Between White, Harrison & Van B. even if conscience were to operate, I should unquestionably go for the latter choosing the lesser evil. Query if you were off the track & it was understood your influence would go for Van, would not the Chief Justiceship be offered?  Burn this letter forthwith. ..."

 

       Baltimore, July 16, 1846, G. Hildt to John McLean, in Ohio

       "... The great Oregon question it seems is settled, and our government now relieved from any apprehensions from Great Britain it is to be feared thinking seriously of the dismemberment of Mexico , in their own language they have set out to conquer a Peace with Mexico or as a wag has observed more strictly a piece of Mexico.

      ... Pennsylvania is sound at last... and I now think as I have always thought from my knowledge of that people that they were more opposed to Mr. Clay than to his principles. If John McLean had been the candidate she would never have given her vote to the present incumbent of the Presidential chair. General Scott expired not long since over a plate of soup some are now trying to inspire life to the corpse - but the very fact that they would call him the soup candidate ... would be death to him if he should be brought out for the Presidency - from all I can learn his friends have nearly all given him up, in conversation with the Hon. Mr. Hilliard of Alabama the other day he remarked he never knew a man die so easy in his life.

      Old Rough and Ready has brought himself into notice by his late splendid victories and as the star of Scott set...he was named to that distinguished place in the first moments of enthusiasm.

       But I now think the eyes of the nation are directed to John McLean and in my humble opinion if your friends shall manage will I have but little doubt you will be the candidate and if the candidate there is no doubt of your election. You have many friends in old Maryland and Pennsylvania and all that is necessary is to have you brought before the people.

      I fear Mr. Clay would oppose your nomination & go to Mr. Crittenden, but I hear Mr. Crittenden says the candidate must be taken from a free state and not from Kentucky, and if your friends could but secure the support of Mr. Crittenden and Mr. Clay and above all of Gen Taylor you would be safe.

       And could not Major Taylor (McLean's son-in-law) have influence with his uncle? No doubt he could. Hard on the Liberty I have taken on the occasion but apart from the kind feelings I have ever entertained for you were you an entire stranger I would say John McLean is the man to save our bleeding country - ...."

 

       From a retained draft of a letter by John McLean, Washington, December 7, 1847 to James Dunlop, Pittsburg:

      "Your favor of the 28^th ult. has been received. As regards the Chief Majistry I can say in all candor that I do not desire it and would not accept it, except upon the highest principles - Principles which shall lead to a thorough reform in the administration of the Government.

       Our institutions can only be saved from the ruin which threatens them by raising the moral tone of the people, and bringing it to bear upon the political action of the country if office shall be the great motive to party effort there can be no reform. A corrupt use of the patronage of the government will continue to be the instrument of party success & of individual aggrandizement. This in a short time must subvert the Constitution and place the power of the nation in the hands of a few political jugglers. They will use the people as their instruments, professing all confidence in their virtue, intelligence and patriotism but no popular action will be permitted until the machinery shall be adjusted as to bring out the desired result.

       I have some old fashioned notions which I admit fall greatly behind the progress of the times considering the government as a corporation, the people being the shareholders, I have supposed that its affairs should be managed for the benefit of the stockholders, and not the benefit of the directors. But this seems to have become an "obsolete idea." I have supposed too that the people could best manage their own affairs in their own way. But this is now an antiquated notion. They have been relieved from this burden in a great degree, by a class of men who, having little business of their own devote their time & talents in thinking and acting for the people.

      As regards removals from office, I think every man who is incompetent, dishonest, unfaithful or, who has improperly procured his office (& especially when he procured it through the removal of a better man), or who has improperly used his official influence should be removed from office. The ground of removal should be distinctly stated to the individual, and should be such as not only to authorize but require a change for its correction of an abuse and the advancement of the public service. This ground should be moral and not political, and if it be acted on in good faith it will be a reform in fact and not in profession only.

       Since the election of Col. Monroe in 1820 no Whig has been elected to the Presidency by the popular vote except Genl. Harrison. This may show that the elements of excitement and of successful action belong more to their opponents than to the Whigs. Whig ascendancy can never be permanent unless it rests upon moral power. We should therefore endeavor to elevate the people instead of corrupting them. An elevated public sentiment should be inculcated in the exercise of popular rights and in this way the days of Jefferson, Madison and Monroe may be restored. To fill appointments the best men should be selected. Men whose fitness and character give the strongest assurance that the will serve the country most faithfully and ably.

       From the above you perceive that the public good should be the only motive to action, in making removals from office & in making appointments, it is the only motive that can influence an honest man, in the discharge of public duty. Ultraism has always been the bane of free governments. It has corrupted our own government and unless checked must soon overthrow it.

       Having answered your letter frankly and without reserve I beg you to believe that whilst I adhere to old principles I am not unaware that I am very far behind the political progress of the day..."  

 

      The collection can be divided into the following sections:

 

       1. Family Correspondence

        a. Letters of John McLean to his first wife, Rebecca McLean 1816-1836, 12 letters, 37 pages

        b. Letters of Rebecca McLean to her husband John McLean1835-1838, 12 letters, 29 pages

        c. Letter from John McLean to second wife, Sarah B. (Garrard) McLean, 1845, 1 letter, 2 pp.

        d. Letters of John McLean, Jr., to his father, 1835-1851, 19 letters, 36 pages

        e. Letters of Nathaniel "Bumpo" McLean to his father, 1835-1836, 8 letters, 23 pages

        f. Letters to John McLean from daughter Eveline, "Eva", 1835-1851, 10 letters, 26 pages

        g. Letters of Joshua Henshaw Hayward to John McLean, (son-in-law, husband of McLean's daughter Sarah) 1835-1854, 24 letters, 65 pages

        h. Letters of Col. J. F. Taylor to John McLean (son-in-law, married McLean's daughter Eveline) 1836-1852, 8 letters, 12 pages

        i. Letters of William McLean to his brother, John McLean, 1835-1836, 4 letters, 10 pages

        j. Letters of Sarah Ann McLean to her mother, 1836, two letters, 6 pages

        k. Letter of John McLean, Jr. to his brother, Nathaniel, 1851, 1 letter, 3 pages

        l. Letter of Sarah McLean to brother John McLean, 1843, 1 letter, 1 page

        m. Nathaniel McLean letter to brother, John McLean, 1842, 1 letter, 3 pages

        n. Letter of T. Edwards, 1836, 1 letter, 1 page

 

       2. Professional, Business and Legal Correspondence

         a. Letter from Chief Justice Roger B. Taney, 1858, 1 letter, 2 pages

         b. Letters of Richard Peters, Reporter of the Supreme Court, 1831-1845, 3 letters, 4 pp., describing the deaths of John Marshall and Joseph Story

         c. Letter of Charles R. Vaughan, British Minister, 1828, 1 letter, 2 pages

         d. Retained draft of a letter by John McLean to James Dunlop, 1847, 1 letter, 3 pages

         e. Retained draft of a letter by McLean declining the Presidency of the American Bible Society, 1846, 1 letter, 2 pages

         f. Retained draft of letter by John McLean, concerning church lands near his home in Ohio, 1852, 1 letter, 2 pages

         g. Letter from J. C. Brigham, American Bible Society, 1846, informing McLean of his nomination as that organizations President, 1 letter, 2 pages

          h. Letter from P.R. Lowe, 1845 to McLean, seeking legal advice on forwarding a case to the U. S. Court, 1 letter, 1 page

          i. Letter from A. Thomas, to McLean, 1844, concerning land titles in Hamilton, Ohio, 1 letter, 1 page

          j. Legal paper concerning the case of E. Philips vs. John Combelash, 1849, 1 page

          k. Letter from G. P. A. Healy, portrait painter, 1852, concerning portraits of McLean and his wife, 1 letter, 1 page

 

      3. Letters from Friends and Acquaintances

        a. Letters of G. Hildt to John McLean, 1835-1852, 6 letters, 19 pages

        b. Letters from members of the Richards family to John McLean, 1834-1847, 3 letters, 6 pages

        c. Letter from M. T. Simpson, to McLean, 1836, 1 letter, 2 pages

        d. Letter from E. Weed, Augusta, Georgia to McLean, 1836, 1 letter, 1 page

 

       4. Miscellaneous Correspondence and Papers

           Mainly letters from nephews and nieces, and other family relations, also includes dinner invitations, and other documents and ephemeral items, dating from the 1840-s -1850's, 21 letters, 30 pages, plus 34 additional items

       References:

       American National Biography, vol. 15, pp.142-143 

       Dictionary of American Biography, vol. VI, part two, pp., 128-129

       Dougan, Michael B., in Oxford Companion to the Supreme Court of the United States, pp. 628-629

       Weisenburger, Francis P., The Life of John McLean (1937)

       * Groce-Wallace, p. 303, Joshua Henshaw Hayward (1797-1856) portrait painter of Boston, exhibited at the Boston Athenaeum from 1838-1848