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John Marshall Entirely on Slave Dealings as Chief Justice: "The negroes were sold to him at his particular request…"
John Marshall Entirely on Slave Dealings as Chief Justice: "The negroes were sold to him at his particular request…"
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John Marshall
Richmond, VA, June 25, 1823
John Marshall Entirely on Slave Dealings as Chief Justice: "The negroes were sold to him at his particular request…"
ALS
Rare, fine content autograph letter signed "J Marshall", three pages, 6" x 7.75", Richmond, June 25, 1823. On integral address leaf letterhead to his nephew, Martin P. Marshall. Boldly penned, and bearing a central fold tear as well as seal tear and a bit of damage therefrom, otherwise very good.

In part:

"...I was a good deal surprized the other day at a letter from Mr. Pollard to my son stating a very expensive & troublesome controversy which had taken place respecting the execution levied on my sister's down [?] slaves which had terminated in their restoration. I am sorry to hear this on several accounts.

I always understood that this suit was not in any manner to affect my sister, & that the whole business was to be conducted without inconvenience to her. I had supposed that the money was to come, as it ought to come, from the estate of Col. Davies, which was supposed to be ample for the purpose. Col. Davis, I am sure, would have been much mortified could he have foreseen, in his life time, that his esqrs made difficulties about the payment of a debt which he had every reason to think honorably as well as legally binding on him. The negroes were sold to him at his particular request, at a price named by himself & he was never pressed for the money. No security of any kind was required because unlimited confidence was placed in him. I am sure that confidence was rightly placed, & that his esqrs do not regard his wish when they throw obstacles in the way of payment.

Mr. Pollard speaks of an execution being levied on the reversion of the slaves. To this I should have no objection, if it may legally be done, but I am not acquainted with the law in Kentucky, & am not disposed to do any thing which is doubtful, & may involve me in useless controversy, & expense. Mr. Pollard says that there is a tract of very valuable land amounting to upwards of 30000 acres out of which the money may be made, & that if you would place the execution under his direction, he would attend to it. I do not chuse to give any particular directions because I may involve the affair in additional perplexity without knowing the effect of what I direct. I therefore shall leave the business to your management, merely observing that I wish the money to come from Col. Davies' heirs who have the negroes as I understand, & not from my sister who, as I was originally told, has a separate allowance free from the debts of her estate.

From your letter to me I understood that there was no difficulty between you & my sister on this subject, & that the whole would be arranged by the son of Mr. Pollard…an active young man of [?].

I am pressed for money but I have always said & still say that I am not willing to take my sister's property by execution. I was at Oak Hill, but my son says that he cannot find the papers stating the rate of exchange at the time the several remittances were made by Mr. Marshall. I am anxious to hear the result of my amount with him…".

Marshall's court is remembered for the decisions which confirmed the supremacy of the federal government of Constitution those of individual states. It comes as no surprise, then, that Marshall is quite hesitant to involve himself with juridical matters pertaining to the state of Kentucky rather than his home state of Virginia, and sticks to the facts of the national estate laws governing the transfer of property, be it tracts of land or slaves. Marshall's relationship to the issue of slavery.

Marshall's personal attitude towards slavery mirrored much of his contemporaries, and his biographers have systematically appeared to gloss over the fact that the greatest jurist in our history bought and sold slaves.

The issue of the morality and legality of slaveholding, however it would come before the Marshall Court, which heard no less than fourteen cases involving black freedom. In some of these cases, Marshall overturned lower court decisions from slaveholding jurisdictions, and emancipating the slave plaintiff. In cases involving the African slave trade, Marshall was equally hostile to the liberty of the slaves, almost always siding with defendants, who had participated in the African slave trade in violation of U.S. law (cf. Finkelmann, "Supreme Injustice").

John Marshall (1755 - 1835) was a Supreme Court Chief Justice and the principal founder of the American system of constitutional law, including the doctrine of judicial review. Prior to sitting on the Supreme Court, Marshall served as Secretary of State for just one year under John Adams before his tenure on the Court beginning in 1801. The Marshall Court is remembered for the decisions which confirmed the supremacy of the federal government of Constitution those of individual states; thus, it established the review of the constitutionality of congressional acts.

Martin Pickett Marshall (1798-1883 was the son of John Marshall's younger brother, Charles. He studied law under another of Marshall's brothers, Alexander K. Marshall, and was licensed to practice law in 1818. He ultimately became prosecuting attorney, state representative, state senator, and a four-time presidential elector, twice for his close friend Senator Henry Clay. Although Martin himself was a slave owner he is known to have been a Union supporter during the Civil War.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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  • Dimensions: 6" x 7.75"
  • Medium: ALS

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