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Lot #290
John Marshall

The important chief justice declines President Washington's request and reveals his opinion on slavery: “I believe that there are negroes subject to the balance of Browns debt”

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The important chief justice declines President Washington's request and reveals his opinion on slavery: “I believe that there are negroes subject to the balance of Browns debt”

ALS signed “J. Marshall,” three pages on two formerly adjoining sheets, 6.25 x 8, July 18, 1796. Letter to General Henry 'Light-Horse Harry' Lee, father of Robert E. Lee. In full: “I have received yours of the 15th by the last mail. At the time you purchased the lott on which Mr Campbell then resided it was made known to you that he had no title to the adjoining ground. The terms of your sale to Mr Hylton I am unacquainted with. I believe that there are negroes subject to the balance of Browns debt which will be sufficient to discharge it. The sale of the property is for a time delayed. Our unfortunate friend is no more. A dose of Laudanum taken for the purpose has rid him of the world & of its cares. For him they had so accumulated as to become too heavy to be borne longer. The burthen was laid down on Monday night & yesterday I saw him inter[re]d. While I regret this circumstance as a man I cannot but feel it as it affects us particularly. I fear it will be us[e]d as the instrument of delay for our cause. Mr Campbell was employed by Mr Pendleton & relied on by him. It is probable that he will not try the cause without counsel from Virginia & that he will be willing to consider it as now too late to engage another. I have endeavor[e]d to carry Mr Wickham but he will not go unless applied to. I have written to Mr Pendleton on the subject & the letter is under cover to Mr Charles Lee as I suppose it more probable that he will be in Alexandria than yourself. Shou[l]d it be otherwise take out the letter & forward it to Pendleton instantly by express. I expect to be in Alexandria on Monday evening & propose visiting Mount Vernon on Tuesday. By Wednesday I hope we may have an answer from Pendleton. A journey to Philadelphia w[ith]out arguing the cause is to me a serious calamity.” In very good condition, with some paper loss along edges from wax seal, slightly affecting small portions of a few words of text, scattered toning, and intersecting folds, one through a single letter of signature.

Two weeks before writing this letter, President George Washington had dispatched an urgent message to Marshall asking him to replace James Monroe as US minister to France, certainly what Marshall was "visiting Mount Vernon" to discuss. Embroiled in litigation, as this letter makes clear, Marshall was unable to leave America behind and declined the position. Especially notable in this letter is Marshall's attitude toward slaves and his suggestion that they should be used to repay a debt. A contested topic among his biographers, some argue that though he regretted its existence, Marshall (a slaveholder himself) believed that legislative and legal precedent had determined slavery was lawful and little could be done. Others claim that he found no moral fault with slavery and did nothing to show a progressive understanding of human rights, on the bench or in his personal life. It is clear in this letter and others that Marshall considered slaves as commodities to be bought, sold, and used to repay debts. All together, this is a fascinating letter that subtly deals with a number of the most important political and philosophical questions of the day, penned by an important Founding Father. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.

Auction Info

  • Auction Title: Rare Manuscript, Document & Autograph
  • Dates: #436 - Ended September 10, 2014





This item is Pre-Certified by PSA/DNA
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