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
That is, the enumeration directed to be made, and upon the basis of
which the constitutional apportionment of representatives and direct
taxes was to be made, distinguished only between _free persons_ and
_slaves_. Congress and the President, under the sanction of their oaths,
united in the expression of their deliberate judgment, that the people
of the United States, by the expression (Art. 1, sec. 2) "three-fifths
of all other persons," intended "three-fifths of the slaves," because,
in passing this Act, they declare that all other persons not free within
the meaning of this section are slaves.
The second Congress, at its first session, passed "An Act for
apportioning representatives among the several States, according to the
first enumeration" (Stat. 1792, c. 23). The language of the statute is
as follows:--
Sec. 1: "Be it enacted, &c. That from and after the third day of
March, one thousand seven hundred and ninety-three, the House of
Representatives shall be composed of members elected agreeably to a
ratio of one member for every thirty-three thousand persons in each
State, computed according to the rule prescribed by the
Constitution, that is to say, within the State of New Hampshire,
four," &c. &c.
That is, the second Congress, upon an enumeration distinguishing only
freemen from slaves, undertake to apportion representatives among the
States according to the rule laid down in the Constitution, viz. by
adding to the whole number of free persons "three-fifths of the slaves."
This interpretation, by the first and second Congress, has never been
varied from. In every census which has since been taken, the only
distinction sanctioned has been between freemen and slaves; and, on
every occasion of apportioning representatives, according the
representative or federal number, such number has been invariably
determined by adding to the whole number of free persons, three-fifths
of the slaves. _If this, the pro-slavery, interpretation of this section
of the Constitution is not right, then, since March 3, 1793, there has
not been a single House of Representatives constitutionally elected, or
a single statute or resolve constitutionally passed!_ Who is ready to
make this admission?
PERMISSION OF THE AFRICAN SLAVE-TRADE. (Const. Art. 1, sec. 9.)
On the 13th of May 1789, in Congress,--
"Mr. Parker (of Va.) moved to insert a clause in the bill, imposing
a duty on the importation of slaves of ten dollars each person. He
_was sorry that the Constitution prevented Congress from prohibiting
the importation altogether_; he thought it a defect in that
instrument that it allowed of such actions; it was contrary to the
revolution principles, and ought not to be permitted; but, as he
could not do all the good he desired, he was willing to do what lay
in his power.
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Public-domain text, read in full here on John Shaqi.
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