Constitutional history -- United States -- Sources; Constitutional law -- United States
admitted, that if the laws were to restore the rights which have been
taken away, the negroes could no longer be refused an equal share of
representation with the other inhabitants. “This question may be placed
in another light. It is agreed on all sides, that numbers are the best
scale of wealth and taxation, as they are the only proper scale of
representation. Would the convention have been impartial or consistent,
if they had rejected the slaves from the list of inhabitants, when the
shares of representation were to be calculated, and inserted them on
the lists when the tariff of contributions was to be adjusted? Could it
be reasonably expected, that the Southern States would concur in a
system, which considered their slaves in some degree as men, when
burdens were to be imposed, but refused to consider them in the same
light, when advantages were to be conferred? Might not some surprise
also be expressed, that those who reproach the Southern States with the
barbarous policy of considering as property a part of their human
brethren, should themselves contend, that the government to which all
the States are to be parties, ought to consider this unfortunate race
more completely in the unnatural light of property, than the very laws
of which they complain? “It may be replied, perhaps, that slaves are
not included in the estimate of representatives in any of the States
possessing them. They neither vote themselves nor increase the votes of
their masters. Upon what principle, then, ought they to be taken into
the federal estimate of representation? In rejecting them altogether,
the Constitution would, in this respect, have followed the very laws
which have been appealed to as the proper guide. “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.
Public-domain text, read in full here on John Shaqi.
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