Constitutional history -- United States -- Sources; Constitutional law -- United States
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. “We subscribe to the doctrine,” might one of our
Southern brethren observe, “that representation relates more
immediately to persons, and taxation more immediately to property, and
we join in the application of this distinction to the case of our
slaves. But we must deny the fact, that slaves are considered merely as
property, and in no respect whatever as persons. The true state of the
case is, that they partake of both these qualities: being considered by
our laws, in some respects, as persons, and in other respects as
property. In being compelled to labor, not for himself, but for a
master; in being vendible by one master to another master; and in being
subject at all times to be restrained in his liberty and chastised in
his body, by the capricious will of another, the slave may appear to be
degraded from the human rank, and classed with those irrational animals
which fall under the legal denomination of property. In being
protected, on the other hand, in his life and in his limbs, against the
violence of all others, even the master of his labor and his liberty;
and in being punishable himself for all violence committed against
others, the slave is no less evidently regarded by the law as a member
of the society, not as a part of the irrational creation; as a moral
person, not as a mere article of property. The federal Constitution,
therefore, decides with great propriety on the case of our slaves, when
it views them in the mixed character of persons and of property. This
is in fact their true character. It is the character bestowed on them
by the laws under which they live; and it will not be denied, that
these are the proper criterion; because it is only under the pretext
that the laws have transformed the negroes into subjects of property,
that a place is disputed them in the computation of numbers; and it is
Public-domain text, read in full here on John Shaqi.
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