Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
On the 18th of April, 1783, the Continental Congress passed a resolve,
recommending the States to amend the Articles of Confederation in such
manner that the national expenses should be defrayed out of a common
treasury, "which shall be supplied by the several States, in proportion
to the whole number of white or other free inhabitants, of every age,
sex, and condition, including those bound to servitude for a term of
years, and three-fifths of all other persons not comprehended in the
foregoing description, except Indians, not paying taxes, in each State."
This amendment was adopted by eleven out of the thirteen States.
A single glance is sufficient to satisfy any one, that, under the
expression in this resolve, "all other persons," slaves were intended;
and an equally cursory glance suffices to show, that Art. 1, sec. 2, of
the Constitution is derived, almost copied, from this resolve. Did not
the framers of the Constitution, in adopting the same expression (Art.
1, sec. 2), mean the same thing as the Continental Congress?
In the Massachusetts Convention, Art. 1, sec. 2, of the Constitution
having been read, Rufus King, one of its framers, rose to explain it:--
"This paragraph states, that the number of free persons 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. _These persons are the
slaves._ By this rule is representation and taxation to be
apportioned, and it was adopted because it was the language of all
America....
Five negro-children of South Carolina are to pay as much tax as the
three governors of New Hampshire, Massachusetts, and Connecticut."
In the New York Convention, Alexander Hamilton, another of the framers,
remarked:--
"The first thing objected to is that clause which allows a
representation for three-fifths of the negroes....
"The regulation complained of was one result of the spirit of
accommodation which governed the Convention; and, _without this
indulgence, no union could possibly have been formed_."
In the Pennsylvania Convention, James Wilson, another of the framers,
said, referring to the resolve of the Continental Congress passed in
1783:--
"It was not carried into effect, but it was adopted by no fewer than
eleven out of thirteen States; and it cannot but be matter of
surprise to hear gentlemen, who agreed to this very mode of
expression at that time, come forward, and state it as an objection
on the present occasion. It was natural, sir, for the late
Convention to adopt the mode after it had been agreed to by eleven
States, and to use the expression which they found had been received
as unexceptionable before."
In a speech before the legislature of Maryland, Luther Martin, also a
delegate to the Philadelphia Convention, offers the following clear and
unmistakable testimony:--
Public-domain text, read in full here on John Shaqi.
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