History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers — John Shaqi
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
The deliberations of the Convention were therefore begun with the
necessary concession of the fact, that slavery existed in some of the
States, and that the existence and continuance of that condition of
large masses of its population was a matter exclusively belonging to
the authority of each State in which they were found. Not only was
this concession implied in the terms upon which the States had met for
the revision of the national system, but the further concession of the
right to have the slave populations included in the ratio of
representation became equally unavoidable. They must be regarded
either as persons or as chattels. If they were persons, and the basis
of the new government was to be a representation of the inhabitants of
the States according to their numbers,--the only mode of
representation consistent with republican government,--their precise
condition, their possession or want of political rights, could not
affect the propriety of including them in some form in the census,
unless the basis of the government should be composed exclusively of
those inhabitants of the States who were acknowledged by the laws of
the States as free. The large numbers of the slaves in some of the
States would have made a government so constructed entirely unequal in
its operation, and would have placed those States, if they had been
willing to enter it,--as they never could have been,--in a position of
inferiority which their wealth and importance would have rendered
unjustifiable. On the other hand, if the wealth of the States was to
be the measure of their representation in the new government, the
slaves must be included in that wealth, or they must be treated simply
as persons. The slaves might or might not be persons, in the view of
the law, where they were found; but they were certainly in one sense
property under that law, and as such they were a very important part
of the wealth of the State. The Confederation had already been obliged
to regard them, in considering a rule by which the States should
contribute to the national expenses. They had found it to be just,
that a State should be required to include its slaves among its
population, in a certain ratio, when it was called upon to sustain the
national burdens in proportion to its numbers; and they had
recommended the adoption of this fundamental rule as an amendment of
the federal Articles.[5] Either in one capacity, therefore, or in the
other, or in both,--either as persons or as property, or as both,--the
Union had already found it to be necessary to consider the slaves. In
framing the new Union, it was equally necessary, as soon as the
equality of representation by States should give place to a
proportional and unequal representation, to regard these inhabitants
in one or the other capacity, or in both capacities, or to leave the
States in which they were found, and to which their position was a
matter of grave importance, out of the Union.
Public-domain text, read in full here on John Shaqi.
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