History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
It does not appear, from any records of the discussions that have come
down to us, in what way it was supposed the combined rule of numbers
and wealth could be applied. If its application were left to Congress,
in adjusting the system with reference to slaveholding States, the
slaves must be counted as persons or as property; and as the proposed
rule did not determine which, they might be treated as persons in one
census, and as property in the next, and so on interchangeably. The
suggestion of the principle, however, which seemed to be a just one,
and which grew out of the conflicting opinions entertained upon the
question whether numbers of inhabitants are alone a just index of the
wealth of a community, brought into view a very important doctrine,
that had long been familiar to the American people; namely, that the
right of representation ought to be conceded to every community on
which a tax is to be imposed; or, as one of the maxims of the
Revolutionary period expressed it, that "taxation and representation
ought to go together." This doctrine was really applicable to the
case, and capable of furnishing a principle that would alleviate the
difficulty; for if it could be agreed that, in levying taxes upon a
slaveholding State, the wealth that consisted in slaves should be
included, the maxim itself demonstrated the propriety of giving as
large a proportion of representation as the proportion of tax imposed;
and if, in order to ascertain the representative right of the State,
the slaves were to be counted as persons, and, in ascertaining the tax
to be paid, they were to be counted as property, they would not
require to be considered in both capacities under either branch of the
rule. But in order to give the maxim this application, it would be
necessary to concede that the numbers of the slaves and the free
persons furnished a fair index of the wealth of one State, as it was
necessary to admit that the numbers of its free inhabitants furnished
a fair index of the wealth of another State. If the latter were to be
assumed, and the taxation imposed upon a State were regulated by its
numbers of people, upon the idea that such numbers fairly represented
the wealth of the community, it was proper to apply the same principle
to the slaves. If this principle were applied to the slaves when
ascertaining the amount of taxes to be paid, it ought equally to be
applied to them in ascertaining the numbers of representatives to be
allowed to the State; otherwise, the value of the slaves must be
ascertained in some other way, for the purposes of taxation; the value
or wealth residing in other kinds of property must be ascertained in
the same mode, or under the different rule of assuming numbers of
inhabitants as its index; and the slaves must be excluded as persons
from the representation, which they could only enhance by being
treated as taxable property.
Public-domain text, read in full here on John Shaqi.
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