Martin, Luther (b. Piscataway, N.J., ca. 20 Feb. 1748; d. New York, N.Y., 10 July 1826), lawyer and statesman. Of humble origins, Martin graduated from the College of New Jersey (later Princeton University) in 1766. After studying law, he established a flourishing law practice on the eastern shore of Maryland and Virginia. In 1778 he was appointed state attorney general, a post he held (with interruptions) for the next forty years. As a delegate to the Federal Convention in 1787, Martin championed the cause of the small states and opposed extensive federal powers. A supporter of
judicial review, he proposed what became the supremacy clause of the Constitution, without however intending it to be an instrument of national supremacy. Unhappy with the results of the Convention, Martin became an outspoken opponent of the Constitution during the ratification contest.
Aside from his role in the making of the Constitution, Martin is remembered chiefly as an advocate in a number of celebrated judicial cases. Between 1801 and 1813 he frequently appeared in the Supreme Court, arguing mainly
admiralty, prize, and marine insurance cases and also the great constitutional case of
Fletcher v. Peck (1810). One of his notable performances was as counsel for Justice Samuel
Chase in the latter's 1805 impeachment trial. Two years later Martin helped successfully defend Aaron
Burr, on trial for treason before Chief Justice John
Marshall in the U.S. Circuit Court at Richmond. Martin's last appearance in a major case occurred in 1819, when, as Maryland attorney general, he represented the state in the great bank case
McCulloch v. Maryland (1819). In an exhaustive three‐day argument, Martin denied that Congress had power to grant charters of incorporation and insisted, admitting such a power, that the states retained the right to tax federally charted corporations. Shortly after this argument, Martin suffered an incapacitating stroke that rendered him a helpless derelict for his remaining years. In 1823 he was taken in by Aaron Burr, with whom Martin lived until his death three years later.
Highly regarded as a formidable advocate, Martin was renowned for his legal learning. He managed to stay at the top of his profession for many years (though unable to stay out of debt) despite habitual drunkenness and careless personal appearance. A characteristic tendency of his advocacy was to inject personal and partisan feelings. This was particularly evident at the Burr trial, when Martin went out of his way to turn the defense of his client into an indictment of the Jefferson administration.
Charles F. Hobson
