Marshall, John, 1755-1835 to James Mercer Garnett

Written by Marshall as Chief Justice of the U.S. Supreme Court to Garnett, the well-known Virginia politician and agricultural enthusiast and pamphleteer. Recipient inferred from Marshall's reference to "your" pamphlet "Reply to the Enquiries of a Freeholder," which was written by Garnett. Marshall states his private belief that the right to vote must be tied to land ownership. Says not all rights that Americans speak of are natural rights. Remarks that some "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." Says natural rights are controlled by society and exercised at its discretion and that "On no other principle can the exclusion of females, minors, free people of colour, &c from the polls be sustained." In other words, voting is not a right a person is born with, but a right conferred by society, which can be regulated. Says most laws passed by the state deal with property, and rhetorically asks if it is proper to not consider it when regulating suffrage. Says "We ought not entirely to overlook the safety of our property" and that is best done by making it the foundation of suffrage. Says he knows "the most destitute of the human race" have intelligence, honor, and principles, but that there is no means to distinguish that by law. Says "[Land] is so easily acquired that no person of any property who values the right of suffrage will be without it." Says that is his personal belief, but that the public thinks differently. Says if land is not the basis of suffrage, that taxation might be, but is unsure on the amount to base it on. Says slaves, "though property, are also persons," and should be included in the population totals to calculate representation since they are "incapable of exercising the right of suffrage themselves[.] why may it not be exercised for them by that active part of the society which exercises the same right for others equally incapable of acting for themselves?" Stresses this is a private letter not fit for publication. Hopes Garnett will be elected to the state constitutional convention. Garnett was elected, and the convention extended the franchise to leaseholder and householders, a move Garnett and Marshall both opposed.