This
seems somewhat unfair to Marshall. According to Jean Smith's biography,
Marshall, who was not a planter (and thus had little direct stake in the slave
economy), owned only a few domestic servants during his lifetime and provided
for the manumission of his primary slave in his will (Smith is unclear whether
Marshall owned any other slaves at the time of his death). In his private
law practice, Marshall also appears to have represented slaves in a handful of
pro bono appellate cases, including at least one testing and extending
Virginia's manumission statute.
kew
-----Original Message-----This is a nice way of saying that masters should free their slaves without government intenrference. Many Virginians did this in the revoutionary period -- Washington free all his in his will; Robert "Councillor" Carter freed over 500 one Sunday afternoon after returning from Church; George Wythe freed his in his will; Robert Coles (later Gov. of Illinois) took his slaves to Illinois where he freed them. The Va. free black population grew from about 2,000 in 1780 to about 30,000 by 1810, mostlly through voluntary emancipation. As far as I know, Marshall DID NOT take his own advice, nor of course did his nemesis, the Master of Monticello. I have written a bit about this in the last two chapters of my book, SLAVERY AND THE FOUNDERS: RACE AND LIBERTY IN THE AGE OF JEFFERSON (M.E. Sharpe, 2nd Edition, 2001). We can only wonder what the history of the nation would have been like if Jefferson, Madison, Monroe, and others had followed up on their ideological claims about all people being "endowed" with such inalienable rights as "liberty."
From: Discussion list for con law professors [mailto:[EMAIL PROTECTED]On Behalf Of Paul Finkelman
Sent: Wednesday, September 10, 2003 11:17 AM
To: [EMAIL PROTECTED]
Subject: Re: "Non-Governmental Emancipation of Slaves" Say what?-- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED]
Robert Justin Lipkin wrote:
I recently read that John Marshall advocated the non-governmental emancipation of slaves at least in his home state of Virginia. What does this mean? Was such a strategy ever taken seriously? If so, how would it work, simply by moral suasion? Economic or other 'coercive' influences? Did this strategy exist in any other state? Was it ever a serious movement? Who were its most prominent spokespersons? Any information concerning this issue would be appreciated. Thanks.
Bobby Lipkin
Widener University School of Law
Delaware
