In the Report made to the Legislature of Massa- | both, the South is entitled to representation for chusetts by John Adams' grandson, Charles F. them. Adams, it is alleged, that as representation of three We refer to the 54th number of the Federalist, fifths of the slaves was conceded by the Federal in which this provision of the constitution is disConvention, in consideration of the Slave-holding cussed. The writer denies "the fact, that slaves States paying direct taxes in the same ratio, and as are considered merely as property, and in no resthe government has rarely resorted to direct taxa-pect whatever as persons. The true state of the tion, the Southern States ought not to possess the case is, that they partake of both these qualities; right of slave representation without the burden of being considered by our laws, in some respects, as direct taxation; that while the latter has been occa-persons, and in other respects as property." The sional only, the former has been enduring. Do not writer thus continues: "It is agreed on all sides, the Southern States consume imported articles in that numbers, (meaning gross numbers, the bond proportion to their gross population? We are confi- and free,) are the best scale of wealth and taxadent that such is the case, and if so, do they not tion, as they are the only proper scale of represenpay more revenue by indirect than they would be tation. Would the Convention have been impartial required to pay by direct taxation? Southern men or consistent, if they had rejected the slaves from have advocated direct taxation in lieu of the tariff the list of inhabitants, when the shares of represystem, as a means of avoiding excessive and une- sentation were to be calculated; and inserted them qual burdens, but we believe they have rarely, if on the lists, when the tariff of contributions was to ever, been cheered by the voice, or sustained by be adjusted? Could it be reasonably expected, that the votes of Northern politicians. We venture to the Southern States would concur in a system, assert, that the Northern people will never propose which considered their slaves in some degree as bona fide, that the Federal Government should abandon the indirect system of the tariff, for any plan of direct taxation, which the wit of man can possibly devise. The North has too large a fund of sagacity to originate or support any scheme of the kind. The omission of the Federal Government to resort constantly to direct taxes, is in perfect harmony with the wishes of the Massachusetts Convention which ratified the constitution. So averse were the members of that Convention to the imposition of direct taxes by Congress, that they submitted a proposition to amend the Constitution, and prohibit Congress from laying direct taxes until "the moneys arising from the impost and excises are insufficient for the public exigencies." The Federal Government has pursued the policy recommended by Massachusetts, and her citizens, while opposed now to any change of the system of taxation, are complaining as though the Constitution No man knew more thoroughly the reasons which was responsible, instead of the Federal Govern-induced the Convention to adopt the various provisions of the Constitution, than Alexander HamilJudge Story thinks the Slave-holding States ton. Let us see what he said on the subject of this enjoy a great advantage in the exemption of two federal number in the Convention held in the State fifths of the slaves from federal taxation. If none of New York, to decide the question of ratifying or of the slaves were counted in ascertaining the num- rejecting the Federal Constitution. ber of representatives to which the Slave-holding "The first thing objected to, (said he,) is that States are entitled, these States would have fewer clause which allows a representation for threerepresentatives, and, as a necessary consequence, fifths of the negroes. Much has been said of the would contribute less in the way of direct taxation. impropriety of representing men, who have no The representation of the Slave-holding States will of their own. Whether this be reasoning or would be decreased, and their direct taxes decreased declamation, I will not presume to say. It is the in the same proportion. Such would be the result, unfortunate situation of the Southern States to have so long as taxation is proportioned to representa- a great part of their population, as well as protion, as required by the Constitution. That instru- perty, in blacks. The regulations complained of, ment provides the same rule for representation, as was one result of the spirit of accommodation which for contribution-it recognizes slaves as persons as governed the Convention; and without this indulwell as property—and whether considered as per- gence no union could possibly have been formed. sons or property, or partaking of the character of But, sir, considering some peculiar advantages ment. men, when burdens were to be imposed, but refused to consider them in the same light, when advantages were to be conferred ?" In the sequel of the same essay, it is said; "After all, may not another ground be taken on which this article of the constitution will admit of a still more ready defence? 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. In the Federal Constitution, 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." which we derive from them, it is entirely just that as "repugnant to the first and vital principles of they should be gratified. The Southern States pos- republican popular representation: to the self-evisess certain staples, tobacco, rice, indigo, &c., which dent truths proclaimed in the Declaration of Indemust be capital objects in treaties of commerce with pendence: to the letter and spirit of the Constituforeign nations; and the advantages which they tion of the United States, and to the liberties of the necessarily procure in those treaties, will be felt whole people of all the free States." It was said throughout all the States. But the justice of this by a great statesman of the last century, that, if he plan will appear in another view. The best writers could not give peace to his country, he would give on Government have held that representation should peace to his conscience. We doubt whether Mr. be compounded of persons and property.* This Adams will give peace to either. It was reserved rule has been adopted, as far as it could be, in the for him to make the discovery that the Federal Constitution of New-York. It will, however, by Convention, in allowing the slaves to be represented, no means be admitted, that the slaves are consid- had, through gross ignorance or deliberate design, ered altogether as property. They are men, though violated "the first and vital principles of republi degraded to the condition of slavery. They are can popular representation." Were the members persons known to the municipal laws of the States of the Federal Convention now living, they would which they inhabit, as well as to the laws of nature. be surprised to hear that so grave an indictment had But representation and taxation go together-and been drawn up against them by an Ex-President of one uniform rule ought to apply to both. Would the United States. They might smile at the deluit be just to compute these slaves in the assessment sion of the author, but in contemplating the wonof taxes, and discard them from the estimate in the derful results which have flowed from the operation apportionment of representatives? Would it be just of that Constitution which they created-in viewto impose a singular burden, without conferring some ing the progress of the country, in population and adequate advantage? Another circumstance ought power, wealth and renown, they could not fail to to be considered. The rule we have been speak- read their proud acquittal in the admiring eyes of ing of is a general rule, and applies to all the States. millions of freemen. Invoking the continued blessNow, you have a great number of people in your ings of Providence upon their country, and praying State, which are not represented at all, and have no that the edifice which they reared with so much voice in your government; these will be included care and skill, might not be torn down by ruthless in the enumeration-not two-fifths-nor three-fifths, hands, they would await in cheerfulness their sumbut the whole. This proves that the advantages of mons to another sphere of action, where their ears the plan are not confined to the Southern States, could never hear the disturbing voice of faction or but extend to other parts of the Union." (Elliot's Debates.) We see, then, that Alexander Hamilton maintained that the Southern States had as just a claim to representation for their slave labor as the Northern States had for their free labor. Let it be remembered that he had the independence to say this to the people of New-York, almost all of whose day-laborers were free white men. Renouncing the political principles, the conciliation and forbearance of the eminent patriots who framed the Constitution, John Quincey Adams arraigns the slave representation and condemns it 66 As proof of this position of General Hamilton, we may refer, among others, to Burke, who, in his Reflections on the French Revolution, uses the following language. Nothing is a due and adequate representation of a State that does not represent its ability, as well as its property. But as ability is a vigorous and active principle, and as property is sluggish, inert and timid, it never can be safe from the invasions of ability, unless it be, out of all proportion, predominant in the representation. It must be represented too in great masses of accumulation, or it is not rightly protected." John Adams, the elder, in his defence of the American Constitutions said, "The end to be aimed at in the formation of a representative assembly, seems to be the sense of the people, the public voice; the perfection of the portrait consists in its likeness. Numbers, or property, or both, should be the rule; and the proportion of electors and members an affair of calculation." fanaticism. Experience, the best of political teachers, had so fully convinced the mind of Mr. Madison of the justice and wisdom of allowing representation for three-fifths of the slave population, that, in 1829, after this principle had been in practical operation more than forty years, in the Federal Councils, he recommended its incorporation into the amended Constitution of Virginia. He remarked that, "the rights of persons, and the rights of property are the objects, for the protection of which Government was instituted. These rights can not well be separated. The personal right to acquire property, which is a natural right, gives to property, when acquired, a right to protection as a social right. The essence of Government is power, and power lodged in human hands will ever be liable to abuse. * In Republics, the great danger is that the majority may not sufficiently respect the rights of the minority. The only effectual safeguard to the rights of the minority, must be laid in such a basis and structure of the Government itself as may afford, in a certain degree, directly or indirectly a defensive authority in behalf of a minority having right on its side. To come more nearly to the subject before the Committee, viz: that peculiar feature in our community, which calls for a peculiar division in the basis of our Government, I mean the colored portion of our population. the checks and balances of the Constitution. Those who idolize the doctrine, that the majority must at all times, and under all circumstances, rule the minority, may, at some distant day, agitate this question, and seek, by destroying the Constitution, to deprive the small States of the protection now afforded them. John Quincey Adams and his son, Charles F. Adams, have asserted in their respective Reports, that the Slave-holding States have exercised, and do still exercise, a disproportionate and preponderating influence in the national councils: that their citizens have too often been honored with the highest offices in the Government, and they conclude, that all these things are to be attributed to the representation of the slave population. If we can incorporate that interest into the basis of our system, it will be the most apposite and effectual security that can be devised. Such an arrangement is recommended to me by many very important considerations. They are acted upon by our laws, and have an interest in our laws. They may be considered as making a part, though a degraded part of the families to which they belong. • The Federal number, as it is called, is particularly recommended by its simplicity, its certainty, its stability and its permanency. Whether, therefore, we be fixing a basis of representation for the one branch or the other of our Legislature, or for both, in a combination with other principles, the Federal ratio is a favorite resource with me. It entered into my earliest views of the If the Southern States have exercised a preponsubject, before this Convention was assembled; and derating influence in any sense, the circumstance is though I have kept my mind open, have listened to to be accounted for, not by the existence of the every proposition which has been advanced, and slave representation, but by the greater prevalence given to them all a candid consideration, I must of ambition and public spirit among such of her say, that in my judgment we shall act wisely in pre- citizens as possessed leisure and wealth. Seventy ferring it to others which have been brought before years ago, Edmund Burke said before Parliament us." (Debates of the Virginia Convention of 1829, in his speech on conciliation with America, that page 538.) Such were the views of one who the spirit of liberty was "more high and haughty" scorned to act as the organ of faction, and who in the Southern than in the Northern colonies. sought not to become the leader in agitation or mis-" In Virginia and the Carolinas, they have a vast chief. Mr. Madison had supported the same prin- multitude of slaves. Where this is the case, in ciple in the Federal Convention of 1787, and the observations which he made, and the reflections in which he indulged during the succeeding forty odd years, tended only to confirm the opinions avowed and acted upon in earlier life. any part of the world, those who are free, are by far the most proud and jealous of their freedom. Freedom is to them not only an enjoyment, but a kind of rank and privilege. Not seeing there that freedom, as in countries where it is a common blesIf the slave representation was abolished, the sing, and as broad and general as the air, may be spirit of innovation, a spirit particularly excitable united with much abject toil, with great misery, in Republics, would not be arrested. The abroga- with all the exterior of servitude, liberty looks tion of one of the great compromises upon which among them like something that is more noble and the Constitution is based, would pave the way for liberal. ** Such were all the ancient commonthe overthrow of another. Should the slave repre- wealths-such were our Gothic ancestors--such in sentation be withdrawn, the smaller and weaker our days were the Poles; and such will be all masStates of the confederacy would have abundant ters of slaves, who are not slaves themselves." cause for apprehending a diminution of their power. These remarks of Burke account for Southern inTheir delegates in the Federal Convention insisted fluence more correctly than the logic of John upon such an organization of the new Government Quincey Adams. This high estimate of liberty did as would allow the several States equality of repre- exert an immense influence upon the character and sentation on the floor of the Senate. This was intellect of the South, and prompted her sons to required as a shield, by which the small States engage in the public service cheerfully and zealmight protect themselves against unjust and unequal ously. Their patriotism inspired confidence. The legislation. After a hard struggle, the more pow- popularity which they acquired, and the high honerful States conceded claims, which, if refused, ors which they received, were the just and approwould have prevented the adoption of the Consti-priate rewards of their devotion to the cause of tation. In 1840, the aggregate population of Rhode Republican Government, and not the homage relucIsland, Delaware and Vermont was less than half a tantly paid to the slave representation. million of souls; while the aggregate population of The relative representation of the Slave holding New-York, Pennsylvania and Ohio was more than and non-Slave-holding States in Congress, disproves five and a half millions. The six Senators repre- the assertion of preponderating influence on the senting less than half a million, exercise and pos- part of the South. The non-Slave-holding States sess in the Senate of the United States, powers as have now a majority of 47 in the House of Repregreat as those of the six Senators representing sentatives, and by withdrawing the slave represennearly six millions. Such things are the result of tation, the Slave-holding States would lose 21 mem bers, and thereby increase the majority of members | free States-the further that slavery recedes from from the free States to 68. In 1790 the Slave-hold- Massachusetts, the more hostile she becomes to the ing States had 49 representatives out of 106: they institution, and the more prejudicial she esteems it now have 88 out of 223 members composing the to her interest and happiness. She came cheerHouse of Representatives. From 1790 to 1840 fully into the Union and ratified the Constitution at their representation in the lower house was dimin- a time when there were slaves in New Hampshire, ished from 46 to 39 per cent of the whole number Rhode Island, Connecticut, New-York, New Jerin the House of Representatives. The political sey and Pennsylvania. In 1800, the slave populapower of the non-Slave-holding States has greatly tion North of North Carolina was 55 per cent, and augmented, and that of the Slave-holding States has in 1840 it was reduced to 22 per cent-the fact declined during the last half a century. The cen- exhibiting a great emigration of the slaves from the sus returns of each decade incontestibly prove the North to the South. So long as slavery prevailed position. In the Senate, the Slave-holding States in the Northern States, Massachusetts said nothing once had 16 out of 30 Senators, or more than half; against the slave representation, nor did she then now they have 26 out of 52. The new States of oppose the recovery of fugitive slaves, but the Iowa and Florida are not embraced in these state-Northern States having abolished slavery, and many ments, and if included, would not change the views of their citizens having, with their usual forethought presented. In the face of these facts, the Southern and sagacity, sold their slaves to Southern planStates have been invited to concur in supporting an ters, Massachusetts opened her eyes to all the innovation, the immediate effect of which would be horrors of the institution, and turned amazingly pious to deprive them of nearly one fourth part of the and philanthropic. As the alleged cause of evil political power which they now possess in one receded, she thought the liability to injury was aug. branch of Congress. The relative number of mem-mented, a rattle-snake being, in her opinion, more bers from the Southern States has diminished, and dangerous at the distance of one mile than one foot. will probably continue to decline. To maintain the To the nasal organs of Massachusetts, the odor of position which they held on the floor of the House a slave is offensive in the ratio of the distance to of Representatives in 1790, they ought to return which he is removed beyond her territorial limits. 101 out of the 223 members of which the House The number of slaves in the United States in is now composed. By the present apportionment, 1790, was 697,897; in 1840 it was 2,487,355: the according to the three-fifths principle, the 88 meni- proportion between the two periods being 1 to 3.56. bers from the Slave-holding States represent each During the same period, the white population in812,386 persons, and $23,073,863 of capital, which creased from 3,172,464 to 14,189,705: proportion is vested in agriculture, commerce, manufactures, 1 to 4.47. From 1790 to 1840, the slave populatrades and the fisheries. If their whole popu- tion, so far from having increased unduly has dilation, slave as well as free, were represented, they minished, in its relative proportion to the whites, would have 102 members. The 102 representa- from 17. 76 per cent in '90 to 14. 58 per cent in ‘40. tives from the Slave States would each represent The white population increased more rapidly than 71,109 persons, and $19,906,862 of capital; the the slave, not only when the whole Union was re135 representatives from the free States would then garded, but a comparison of the census returns of each represent 71,109 persons and $20,406,521 of 1830 with those of 1840 will show that this was capital. When the articles of Confederation were the case, in the Slave States alone, during the ten under discussion, John Adams observed, that "Rea-years intervening. The slave population has dison, justice and equality never had weight enough minished in its relative proportion to the free popuon the face of the earth to govern the councils of lation-the slaves have been gradually removed men. It is interest alone which does it, and it is from the Northern States to a more congenial cliinterest alone which can be trusted, that therefore mate, and the relative political power of the free the interests, within doors, should be the mathematical representatives of the interests without doors." There is much force in these suggestions, and, according to them, the Slave States ought to have 102 representatives, instead of 88 as at present, or 67 as implied in the proposition of Massachu setts. States has steadily advanced for the last fifty years. The Constitution declares that, "Representatives and direct taxes shall be apportioned among the several States which may be included within The relative representation of the Slave-holding States has diminished, and while this process of *From 1830 to 1840, the slave population of Maryland reduction has been steadily progressing, slavery has declined 13,257 in number, and the slave population of Vircontinued to recede further and further from Mas-ginia 20,770. During the same period, the slave population of Mississippi increased 129,552, and the slaves of Alasachusetts. The greater the political power of the bama 135, 983. While the slaves of Kentucky, for that decade, increased 17,045, the slaves of Louisiana increased 58,864. Census Tables. this Union, according to their respective numbers, | Massachusetts: "No power is given to the Genewhich shall be determined by adding to their whole ral Government to interfere with respect to the number of free persons, including those bound to property in slaves now held by the States."-(Elservice for a term of years, and excluding Indians liot's Debates, 3rd vol.) not taxed, three fifths of all other persons." Every Not one word in the Constitution recognizing tyro in politics knows, that the expression, "three-the right of property in persons!" Of course, by fifths of all other persons," has reference only to this logic, the Southern people have no right to the slave population. This language was used by demand the delivery of their fugitive slaves, as "The the Convention out of respect for the fastidious there can be no "property in persons." scruples of some of the Northern members, who Constitution does not acknowledge slaves to be expressed a desire, that slaves should not be men- property," say Messrs. Adams and Giddings. If tioned eo nomine. In the Convention of North slaves are not property, what are they? The aboCarolina, Mr. Iredell said, "Though the word litionists must be ashamed to see such sophistry slave be not mentioned, this is the meaning of it. and quibbling resorted to by their champions on the "It has The Northern delegates, owing to their peculiar floor of the House of Representatives. scruples on the subject of slavery, did not choose been maintained by plausible argument," (say the word slave to be mentioned." Judge Story, Messrs. A. and G.,) "that the words all other in his Commentaries, admits that "it was agreed persons,' cannot, in fair construction, be understood that slaves should be represented under the mild to include slaves." They then remark, that they appellation of other persons." " With all these "do not assent to that opinion." Dissenting from things, John Quincey Adams is perfectly familiar, that opinion, how can they escape the alternative, yet he and Mr. Giddings laid before Congress a that the words "all other persons" referred to Report, in which they observe, that "it is a grave slaves? and with what truth could they assert it and gratuitous error to assume that the Constitu- to be a gratuitous error, to assume that the Constition acknowledges slaves to be property." They tution acknowledges slaves to be property? deny that there is one word in the Constitution Messrs. Adams and Giddings maintain that the recognizing the right of property in persons." slave representation is repugnant to the "self-eviThe Constitution provides, that "No person held dent truths" proclaimed in the Declaration of Indeto service or labor in one state under the laws pendence, and should therefore be abolished. The thereof, escaping into another, shall, in consequence Declaration is not a treatise on the subject of repreof any law or regulation therein, be discharged sentation, and it does not prescribe what shall be refrom such service or labor; but shall be delivered garded in fixing the basis of representation for indeup on the claim of the party, to whom such ser-pendent and sovereign States, associated, like ours, vice or labor may be due." Did the Federal Con- in a confederated Republic. Had Messrs. Adams vention intend by this provision to divest freemen and Giddings asserted that the existence of slavery of their liberty, and permit them to be seized and in the several States was repugnant to the principles delivered up to render" service or labor?" Surely of the Declaration of Independence, the observation John Quincey Adams will not have the hardihood to maintain the affirmative. He knows, and knows thoroughly, that by this clause the Convention designed that slaves shall not be "discharged," but "shall be delivered up" to their masters. No intelligent and unprejudiced mind can, for one moment, doubt that this provision was inserted in the Constitution solely to enable the people of the Slaveholding States to reclaim their fugitive slaves when they escape into other States, where slavery does not exist. Such was the interpretation given cotemporaneously by the authors of the Constitution; * The inimitable Don Quixote was not more enamored such is the interpretation arising from a review of with knight errantry, than John Quincey Adams professes the circumstances which induced the Convention to be with the abstract truths of the Declaration of Indeto introduce the clause, and such is the only con-pendence. "If the question was asked (see his Report struction warranted by its language. In the Convention of Virginia, when this particular provision was under consideration, Mr. Madison observed, that the clause" was expressly inserted to enable If so, why evince so much concern for the blacks? owners of slaves to reclaim them." He availed The Boston Gazette of July '76 published the Declaration of Independence, and in the same paper, a "stout, himself of that occasion to make the following re-healthy negro man, about 25 years of age," was advertised mark, which we, by the way, take leave to com- for sale, and the Printer referred to for information. The mend to the special attention of the people of Continental Journal of Boston published advertisements VOL. XI-58 would not have merited notice, but we are not able to perceive what the question of the basis of representation has to do with the rights of man in a state of nature. The natural rights of man may be admitted, but when men abandon a state of nature, unite in society and resolve to organize a government, the question of representation arises, not as a question of natural right, but as a political problem, to be determined by a variety of circumstances. If all men are by nature equally free, it * against the slave representation) as it was asked, how a people holding slaves could issue such a Declaration? The answer of reason and of friendship was, the Declaration itself is the abolition of slavery." |