细节
MARSHALL, John. Autograph letter signed ("J Marshall") to an unidentified correspondent, Richmond, 20 May 1829. 4 pages, 4to, 253 x 200 mm. (9.15/16 x 7.7/8in.), one small hole from acidic ink, separated at central fold.
THE CHIEF JUSTICE ON "THE EXCLUSION OF FEMALES, MINORS, FREE PEOPLE OF COLOUR, ETC. FROM THE POLLS"
An exceptionally important letter in which Marshall states his private conviction that the right to vote must be tied to property ownership, as the only justification for the exclusion of "females, minors, free people of color, etc." Marshall writes that his "private judgement is certainly in favor of founding the right of suffrage on the basis of an interest in land." He expounds on the "natural rights of man...These rights exist in a state of nature but are surrendered, as it seems to me, when he enters into a state of society, in exchange for social rights and advantages. If any original natural rights were retained...we should expect them to be those of life and liberty...On no other principle can the exclusion of females, minors, free people of colour, etc. from the polls be sustained." He considers the effects of state legislation favoring those who own property: "If it be true...that any representation of the people which public opinion would tolerate, or any statesman of the day could suggest, would sedulously and with equal vigilance guard our persons, we ought not entirely to overlook the safety of our property..."
"I know very well that among the most destitute of the human race may be found intelligence, honour, and inflexible principles, but we have no means of distinguishing them by law; and, in framing a constitution, must act on general principles... It is so easily acquiesed that no person of any property who values the right of suffrage will be without it." However, he goes on, "public opinion has...decided the question differently...The disposition to abandon the principle we have hitherto maintained, and to make the rights to suffrage universal...has become very extensive." In closing he emphasizes that his letter is "designed for your private eye," as official propriety forbade Marshall from expressing himself publicly on such a fundamental constitutional issue.
THE CHIEF JUSTICE ON "THE EXCLUSION OF FEMALES, MINORS, FREE PEOPLE OF COLOUR, ETC. FROM THE POLLS"
An exceptionally important letter in which Marshall states his private conviction that the right to vote must be tied to property ownership, as the only justification for the exclusion of "females, minors, free people of color, etc." Marshall writes that his "private judgement is certainly in favor of founding the right of suffrage on the basis of an interest in land." He expounds on the "natural rights of man...These rights exist in a state of nature but are surrendered, as it seems to me, when he enters into a state of society, in exchange for social rights and advantages. If any original natural rights were retained...we should expect them to be those of life and liberty...On no other principle can the exclusion of females, minors, free people of colour, etc. from the polls be sustained." He considers the effects of state legislation favoring those who own property: "If it be true...that any representation of the people which public opinion would tolerate, or any statesman of the day could suggest, would sedulously and with equal vigilance guard our persons, we ought not entirely to overlook the safety of our property..."
"I know very well that among the most destitute of the human race may be found intelligence, honour, and inflexible principles, but we have no means of distinguishing them by law; and, in framing a constitution, must act on general principles... It is so easily acquiesed that no person of any property who values the right of suffrage will be without it." However, he goes on, "public opinion has...decided the question differently...The disposition to abandon the principle we have hitherto maintained, and to make the rights to suffrage universal...has become very extensive." In closing he emphasizes that his letter is "designed for your private eye," as official propriety forbade Marshall from expressing himself publicly on such a fundamental constitutional issue.