Constitutional history -- United States -- Sources; Constitutional law -- United States
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. “For
another reason, the votes allowed in the federal legislature to the
people of each State, ought to bear some proportion to the comparative
wealth of the States. States have not, like individuals, an influence
over each other, arising from superior advantages of fortune. If the
law allows an opulent citizen but a single vote in the choice of his
representative, the respect and consequence which he derives from his
fortunate situation very frequently guide the votes of others to the
objects of his choice; and through this imperceptible channel the
rights of property are conveyed into the public representation. A State
possesses no such influence over other States. It is not probable that
the richest State in the Confederacy will ever influence the choice of
a single representative in any other State. Nor will the
representatives of the larger and richer States possess any other
advantage in the federal legislature, over the representatives of other
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