BY JAMES MADISON.

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 brethern 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

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 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 brethern, 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 of which the right of

suffrage depends, 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 annually 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_.

The Anti-Slavery Examiner, Part 3 of 4 · 第 230 / 294 题