Constitutional history -- United States -- Sources; Constitutional law -- United States
THE next view which I shall take of the House of Representatives relates
to the appointment of its members to the several States which is to be
determined by the same rule with that of direct taxes.
It is not contended that the number of people in each State ought not
to be the standard for regulating the proportion of those who are to
represent the people of each State. The establishment of the same rule
for the appointment of taxes, will probably be as little contested;
though the rule itself in this case, is by no means founded on the same
principle. In the former case, the rule is understood to refer to the
personal rights of the people, with which it has a natural and universal
connection. In the latter, it has reference to the proportion of wealth,
of which it is in no case a precise measure, and in ordinary cases a
very unfit one. But notwithstanding the imperfection of the rule as
applied to the relative wealth and contributions of the States, it is
evidently the least objectionable among the practicable rules, and had
too recently obtained the general sanction of America, not to have found
a ready preference with the convention.
All this is admitted, it will perhaps be said; but does it follow, from
an admission of numbers for the measure of representation, or of slaves
combined with free citizens as a ratio of taxation, that slaves ought
to be included in the numerical rule of representation? Slaves are
considered as property, not as persons. They ought therefore to be
comprehended in estimates of taxation which are founded on property,
and to be excluded from representation which is regulated by a census of
persons. This is the objection, as I understand it, stated in its full
force. I shall be equally candid in stating the reasoning which may be
offered on the opposite side.
Public-domain text, read in full here on John Shaqi.
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