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 was equally impracticable to form a national government in which
the basis of representation should be confined to the free inhabitants
of the States. The five States of Maryland, Virginia, North Carolina,
South Carolina, and Georgia, including their slaves, were found by the
first census, taken three years after the formation of the
Constitution, to contain a fraction less than one half of the whole
population of the Union.[22] In three of those States the slaves were
a little less than half, and in two of them they were more than half,
as numerous as the whites.[23] There was no good reason,
therefore,--except the theoretical one that a slave can have no actual
voice in government, and consequently does not need to be
represented,--why a class of States containing nearly half of the
whole population of the confederacy should consent to exclude such
large masses of their populations from the basis of representation,
and thereby give to the free inhabitants of each of the other eight
States a relatively larger share of legislative power than would fall
to the free inhabitants of the States thus situated. The objection
arising from the political and social condition of the slaves would
have had great weight, and indeed ought to have been decisive of the
question, if the object had been to efface the boundaries of the
States, and to form a purely consolidated republic. But this purpose,
if ever entertained at all, could not be followed by the framers of
the Constitution. They found it indispensable to leave the States
still in possession of their distinct political organizations, and of
all the sovereignty not necessary to be conferred on the central
power, which they were endeavoring to create by bringing the free
people of these several communities into some national relations with
each other. It became necessary, therefore, to regard the peculiar
social condition of each of the States, and to construct a system of
representation that would place the free inhabitants of each distinct
State upon as near a footing of political equality with the free
inhabitants of the other States as might, under such circumstances, be
practicable. This could only be done by treating the slaves as an
integral part of the population of the States in which they were
found, and by assuming the population of the States as the true basis
of their relative representation.
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