Constitutional history -- United States -- Sources; Constitutional law -- United States
"This objection is repelled by a single observation. It is a fundamental
principle of the proposed Constitution, that as the aggregate number of
representatives allotted to the several States is to be determined by
a federal rule, founded on the aggregate number of inhabitants, so the
right of choosing this allotted number in each State is to be exercised
by such part of the inhabitants as the State itself may designate. The
qualifications on which the right of suffrage depend are not, perhaps,
the same in any two States. In some of the States the difference is
very material. In every State, a certain proportion of inhabitants are
deprived of this right by the constitution of the State, who will be
included in the census by which the federal Constitution apportions the
representatives. In this point of view the Southern States might
retort the complaint, by insisting that the principle laid down by
the convention required that no regard should be had to the policy of
particular States towards their own inhabitants; and consequently, that
the slaves, as inhabitants, should have been admitted into the census
according to their full number, in like manner with other inhabitants,
who, by the policy of other States, are not admitted to all the rights
of citizens. A rigorous adherence, however, to this principle, is waived
by those who would be gainers by it. All that they ask is that equal
moderation be shown on the other side. Let the case of the slaves be
considered, as it is in truth, a peculiar one. Let the compromising
expedient of the Constitution be mutually adopted, which regards them as
inhabitants, but as debased by servitude below the equal level of free
inhabitants, which regards the SLAVE as divested of two fifths of the
MAN.
"After all, may not another ground be taken on which this article of the
Constitution will admit of a still more ready defense? We have hitherto
proceeded on the idea that representation related to persons only, and
not at all to property. But is it a just idea? Government is instituted
no less for protection of the property, than of the persons, of
individuals. The one as well as the other, therefore, may be considered
as represented by those who are charged with the government. Upon this
principle it is, that in several of the States, and particularly in
the State of New York, one branch of the government is intended more
especially to be the guardian of property, and is accordingly elected
by that part of the society which is most interested in this object of
government. In the federal Constitution, this policy does not prevail.
The rights of property are committed into the same hands with the
personal rights. Some attention ought, therefore, to be paid to property
in the choice of those hands.
Public-domain text, read in full here on John Shaqi.
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