Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
The next objection that arises against this proffered constitution is,
that the apportionment of representatives and direct taxes are unjust. The
words, as expressed in this article, are “representatives and direct taxes
shall be apportioned among the several states which may be included in
this union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons, including those
bound to service for a term of years, and excluding Indians not taxed,
three-fifths of all other persons.” In order to elucidate this, it will be
necessary to repeat the remark in my last number, that the mode of
legislation in the infancy of free communities was by the collective body,
and this consisted of free persons, or those whose age admitted them to
the right of mankind and citizenship, whose sex made them capable of
protecting the state, and whose birth may be denominated Free Born; and no
traces can be found that ever women, children, and slaves, or those who
were not sui juris, in the early days of legislation, meeting with the
free members of the community to deliberate on public measures; hence is
derived this maxim in free governments, that representation ought to bear
a proportion to the number of free inhabitants in a community; this
principle your own state constitution, and others, have observed in the
establishment of a future census, in order to apportion the
representatives, and to increase or diminish the representation to the
ratio of the increase or diminution of electors. But, what aid can the
community derive from the assistance of women, infants and slaves, in
their deliberation, or in their defence? and what motives, therefore,
could the convention have in departing from the just and rational
principle of representation, which is the governing principle of this
state and of all America?
Public-domain text, read in full here on John Shaqi.
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