Remembering Great Ladies: Supreme Court Wives’ Stories RUTH BADER GINSBURG and LAURA W. BRILL* Introduction: Portraits of Some Ladies The rooms and halls ofthis stately building are fdled with portraits and busts ofgreat men. Taking a cue from Abigail Adams, I decided, when asked to present this lecture, it was time to remember the ladies—the women associated with the Court in the nineteenth and early twentieth centuries. Not as Justices, of course; no woman ever served in that capacity until President Reagan’s historic appointment of Sandra Day O’Connor in 1981.1 will speak of the Justices’ partners in life, their wives. As a curtain raiser, and with the aid ofFranz Jantzen, Court photogra pher and photograph collection curator, I will present, from our in-house collection, portraits of some ladies. On display from the Court’s portrait collection are just four spouses and, best known, not a Court wife at all, but a portrait ofAnn Odle Marbury, painted by her cousin, the artist Rembrandt Peale. That 1797 painting ofAnn Marbury is companion to the Peale portrait ofAnn’s husband, William Marbury, ofMarbury v. Madison fame. Ofthe four paintings of wives, a Thomas Sully portrait painted for Justice Peter Vivian Daniel is my favorite. Justice Daniel served on the Court from 1842 until his death in 1860. The painting he commissioned presents a still unresolved question. It is uncertain whether the portrait, painted in 1858, is ofthe Justice’s first wife, nee Lucy Nelson Randolph, who died in 1847, or of his second wife, nee Elizabeth Harris, who died in 1857, the year before the painting’s date. According to the artist’s records, the painting is of Lucy, but descen dants say it is ofElizabeth. Let’s look next at the appealing portrait of Julia Ann Blackburn Washington, wife of George Washington’s nephew, Bushrod Wash ington, who was appointed Associate Justice in 1798, and served on the Court fornearlythree 256 JOURNAL OF SUPREME COURT HISTORY decades. The portrait, attributed to Chester Harding, was painted circa 1820. Ann Wash ington was an avid reader and an accomplished musician. In the portrait she holds a music book. She is perhaps thinking about a song she will play that evening on her lyre. The mu sic books and instruments Bushrod and Ann Washington collected are today housed at Mount Vernon. Ann survived Bushrod by only This 1797 portrait of Ann Odle Marbury was painted by her cousin, Rembrandt Peale, and is a companion to the one Peale painted of her husband, William Marbury. A “midnight” appointee of outgoing Federalist President John Adams, Marbury was commissioned as a justice of the peace in 1800. He had trouble claiming his commission when the Republicans took power and his case was eventually taken up by the Supreme Court. Marbury v. Madison (1803) established the principle of judicial review. three days. They are buried at Mount Vernon, close to George and Martha Washington. The collection also includes a painting of Anne Phoebe Key Taney, sister ofFrancis Scott Key, and wife of Chief Justice Roger Brooke Taney, whose tenure ran from 1836 until 1864. The artist is unknown. On their forty-sixth an niversary, Taney wrote to Anne: “I have done many things that I ought not to have done, and have left undone many things that I ought to have done, yet in constant affection to you I have never wavered—never being insensible how much I owe to you ....” A Taney biogra pher reported: “No man was more happily mar ried than Mr. Taney.” Anne and the youngest of her six daughters (a son died in childhood) died ofyellow fever in 1855. She was not alive when her husband wrote the decision in Dred Scott v. Sandford (1857), which cast a long, in delible shadow over Taney’s name. The Court’s most recent acquisition is a portrait ofScotland-born Jean Blair, painted by Cosmo John Alexander circa 1771, some fifteen years after Jean’s marriage. Jean’s husband, John Blair, Jr., a Virginia delegate to the 1787 Federal Constitutional Convention, served as a Justice from 1790 until 1795. Like Polly The painter of this portrait of Anne Phoebe Key Taney is...
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