"From his first entrance upon public life, John McLean was identified with the Democratic party. He was an ardent supporter of the war, and of the administration of Mr. Madison, yet not a blind advocate of every measure proposed by the party, as the journals of that period will show. His votes were all given in reference to principle. The idea of supporting a dominant party, merely because it was dominant, did not influence his judgment, or withdraw him from the high path of duty which he had marked out for himself. He was well aware, that the association of individuals into parties was sometimes absolutely necessary to the prosecution and accomplishment of any great public measure. This he supposed was sufficient to induce the members composing them, on any little difference with the majority, to sacrifice their own judgment to that of the greater number, and to distrust their own opinions when they were in contradiction to the general views of the party. But as party was thus to be regarded as itself, only an instrument for the attainment of some great public good, the instrument should not be raised into greater importance than the end, nor any clear and undoubted principle of morality be violated for the sake of adherence to party. Mr. McLean often voted against political friends; yet so highly were both his integrity and judgment estimated, that no one of the Democratic party separated himself from him on that account. Nor did his independent course in the smallest degree diminish the weight he had acquired among his own constituents.
"Among the measures supported by him, were the tax bills of the extra session at which he first entered Congress. He originated the law to indemnify individuals for property lost in the public service. A resolution instructing the proper committee to inquire into the expediency of giving pensions to the widows of the officers and soldiers who had fallen in their country's service, was introduced by him; and the measure was afterward sanctioned by Congressional enactment. By an able speech he defended the war measures of the administration; and by the diligent discharge of his duties in respect to the general welfare of the country, and the interests of his people and district, he continued to rise in public estimation. In 1814, he was re-ëlected to Congress by the unanimous vote of his district, receiving not only every vote cast in the district for representative, but every voter that attended the polls voted for him—a circumstance that has rarely occurred in the political history of any man. His position as a member of the committee of foreign relations and of the public lands, indicates the estimation in which he was held, and his familiarity with the important questions of foreign and domestic policy which were in agitation during the eventful period of his membership."
In 1815, he was urgently solicited to become a candidate for the U.S. Senate, but he declined. He was then but thirty years of age. In 1816, he was unanimously elected judge of the Supreme Court of the state of Ohio and he resigned his seat in Congress. While in Congress he voted for a bill giving to each member a salary of $1,500 a year instead of the per diem allowance.
Judge McLean presided on the bench in Ohio for six years, during which time he won for himself an enviable judicial reputation. In 1822, he was appointed commissioner of the general Land Office by President Monroe; and in 1823, he entered the cabinet as Postmaster General. As Postmaster General he secured a fine reputation, improving its finances and in every possible way improving the postal facilities of the country. By an almost unanimous vote of Congress his salary was increased from $4,000 to $6,000.
"The distribution of the public patronage of his department exhibited in another respect his qualities as an executive officer, and manifested the rule of action that has always marked his character. The principle upon which executive patronage should be distributed, has been one of the most important questions in this government, and has presented the widest variation between the profession and practice of individuals and parties. In the administration of the post-office department by Judge McLean, an example was presented in strict consistence with sound principles of republican government, and just party organization. During the whole time that the affairs of the department were administered by the judge, he had necessarily a difficult part to act. The country was divided into two great parties, animated by the most determined spirit of rivalry, and each bent on advancing itself to the lead of public affairs. A question was now started, whether it was proper to make political opinions the test of qualification for office. Such a principle had been occasionally acted upon during the preceding periods of our history; but so rarely, as to constitute the exception, rather than the rule. It had never become the settled and systematic course of conduct of any public officer. Doubtless every one is bound to concede something to the temper and opinions of the party to which he belongs, otherwise party would be an association without any connecting bond of alliance.
"But no man is permitted to infringe any one of the great rules of morality and justice, for the sake of subserving the interests of his party. It cannot be too often repeated, nor too strongly impressed upon the public men of America, that nothing is easier than to reconcile these two apparently conflicting views. The meaning of party, is an association of men for the purpose of advancing the public interests. Men thrown together indiscriminately, without any common bond of alliance, would be able to achieve nothing great and valuable; while united together, to lend each other mutual support and assistance, they are able to surmount the greatest obstacles, and to accomplish the most important ends. This is the true notion of party. It imports combined action; but does not imply any departure from the great principles of truth and honesty. So long as the structure of the human mind is so varied in different individuals, there will always be a wide scope for diversity of opinion as to public measures; but no foundation is yet laid in the human mind for any material difference of opinion, as to what constitutes the great rule of justice.
"The course which was pursued by Judge McLean was marked by the greatest wisdom and moderation. Believing that every public officer holds his office in trust for the people, he determined to be influenced by no other principle in the discharge of his public duties, than a faithful performance of the trust committed to him. No individual was removed from office by him, on account of his political opinions. In making appointments where the claims and qualifications of persons were equal, and at the same time one was known to be friendly to the administration, he felt himself bound to appoint the one who was his friend. But when persons were recommended to office, it was not the practice to name, as a recommendation, that they had been or were warm supporters of the dominant power. In all such cases, the man who was believed to be the best qualified was selected by the department."
In 1829, General Jackson appointed Mr. McLean to the bench of the Supreme Court of the United States, he having previously declined the War and Navy Departments, although the two men differed somewhat in their ideas of public policy. In January, 1830, he took his seat upon the bench, and since that time the only indications of Judge McLean's opinions on the political issues of modern times which the public could notice, have been afforded by his published decisions involving the question of slavery. Some years since, the private friends of Judge McLean were aware that he sympathized very deeply with the Anti-Slavery reformers of the West and North, and that he did not approve of the political principles of the Democratic party, as laid down in their regular platforms, on this subject. He may be safely set down as a conservative opponent of negro slavery, and its extension into the territories of the republic. In the last Presidential election he voted for John C. Fremont, which would seem to settle the question as to his political affinities. He is a Republican.
From Judge McLean's opinion, delivered in the Dred Scott case, we gather his views upon some of the more prominent political issues of the day:
"As to the locality of slavery. The civil law throughout the continent of Europe, it is believed, without an exception, is, that slavery can exist only within the territory where it is established; and that, if a slave escapes, or is carried beyond such territory, his master cannot reclaim him, unless by virtue of some express stipulation.