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Show 450 The ]l.fassac!tuseUs Proposition jfn- Abolishing l11e Slave Representation. (AUGUST, representation of slave property. If acrimonious .. rf'presented, in strong terms, the inequality and and unsparing denunctation uf that provision of the clamors that haJ been produced by the ,·aluation Constitution which authorizes the representation of lands," and saiJ that it" was weakening the ties of the sla\'e population, could con\'ince the puhlie of the Llnion among the States." The subjec~t was mind and obliterate this feature of the Constitution, again discussed and SC\'eral propo3itions submitted then Messrs. Adams and Giddings might indulge as to the ratio which the slaves should bear to the confident hopes of .suc('ess, but it remains to be free inhabitants. At length, Mr. Madison proposeen, whether the people of the United States will sed that they should he rated ns fi,·e to three in tlte endanger the existence of the Union and the peace rule of apportionment, and ultimately this plan preof the country Uy any efl'ort to propitiate the abo· vailed wilhoul oppo.~ilion . The proper!)' basis was litionists. abandoned, and the basis as existing in the present Altlwngh the 1\bssachnsetts proposition found Constitution was agreed to Uy ge neral consenl. Jn but few ach·oc-ates in Congress, the signs of the the Feder::d Conventiun of 1 i Si, the Sflme suhject t imes indicate very plainly, that the abolitionists in reference to taxation was discussed in con junewill continue to urge this innovation upon the at- tion with the question of represen tation. To trace tent inn of Congress and the country, and therefore tlte successive steps which led to the adoption of we trust to be indulged io gi\'ing it a brief notice. the third clause of article I, Sf'C tion 2, of the Fed- A reference to tlte origin of the slave represen- era! Constitution, would, on this occ3sion , he unt:: l!ion as a mere proposition, and its subsequent in- necessary. Jn adopting it, the Convention acted corporation itdo the Federal Constitution, will show upon the theory, that the number of persons, withthe principles upon which it was founded. It ap- out rep-ard to " age, sex, or condition," was 1he true pen red firs.t du~ing the discussion of the articles of I index of th.e producti,·e power of a State, its wealth confederatiOn m the Congress of 177G. One of and capactty to pay taxes: and 11pon the great those articles declared, that ·• all cltar~es of war, and maxim, that taxation ought not to exis:t wil ltout all other expenses that shall be incurred for the representation, a maxim, llpon which the American comn10n dP.t'c>nce and allowed by the United States revolution turned. asscmiJied, shall he defrayed out of a commun trea- No morbid philanthropy or f:watieal frenzy ani· smy, wltio..h shall be supplied IJy the several colo- m<~ted the members of the 1'-,edcral Con\·ention, nics in proportion to the num!Jer of inhaUitants of but gu ided by the spi rit of patriotism, they anxevery age, sex and quality, except Indiaus nntp1y- iously sought to ad\•auce and secure the permanent ing taxes, in each colony." The article exempted interests of the whole Union. Their wisdom is none from taxation •· except I ndians." It included attested t.y their work . l\'lr. l'\'Iadison felt it his the slave as well as the free man. During the du1y to express his "profonud and solentn com·icdebate, l\ l r. Chase, of Maryland, moved that the tion, derived from an intimate opportunity of ohquotas should be paid, not by the inhabitants as sen•ing and appreciating the viC\\'S oft!te Convenjust indicated, but by the numlJer of" white inhaUi- tion, colleclively and indi\•idually, tha t there never tams." He argued that negroes were property to was an assembly of men, charged with a great and the South, and cattle were property to tl1e North: arduous trust, who \\'NC more pure in their moli\•es, I hat the Southern planter laid out his surplus profits or more exclusi\·ely de\'oted to the object of deviin negroes, and the Nortltern farmer his in cattle sing and proposing a constitutional system which and horses, and that it would Ue no more unjust to tax sltould besl secure ll1e pcrmanentl1berty and !tap pi· the latter titan the former. The debate was con· ness of llteir country." Without denying the abtinucd by Mr. John Adams; and Mr. H arriso n, of strl.ct truths of the Declaration of l uJependencc, Virginia, by way of compromise, proposed that two or vainly attcropting to equalize the condition of a]a\•es should lJe counted as one freeman. mankind, they considered the di\•ersity of our pop· T he quC'stion being taken on I he amendment of- nlation-the pursuits of the different classes-the fercd by ~Ir. Chase, it was rejected: Delaware, \'aried products of the several States, their cou- 1\raryland, Yirginia, Nonh Carolina and South Car- nicting interests and ''iews, and then devised that olin a being in the affirmati,·e, and in fa\'Ot of a l.lasis Constitution, lly the operation of which tlte United of "free white inlnbitants ;" and New Hampshire, Staies have so greatly prospered do ring the last Massachusetts, Rhode Island, Connecticut, New half a century.• "The structure," (said a. distinYork, r\'ew J ersey and Pennsylvania voting against ~he az~endment, and in fa\·or of a basis of taxation •"Alldiscusoions,onlheex"ellencco fgol'l'rnmcntmerely lllcludzng- nll persons, of "e\'C'ry age, sex <~nd qual- on ahijtract prin.-iplcs ancl without rcfe rPnce to the given ity," anJ, of course, sla\·es. Georgia wasdi\• idcd. cir.-umstances, arc futile. The science of go•·ernment is (1st vol. of I he Madison Papers.) Subseque11 tly, n~ more an ahstract one tiutn Hrchit~~;lure. The arc~iteu, t he basis of ''lands bu ildinas and improvements" ""tthout knowledgt' of pure mechanH·~ and .m•.Lthenmti.PS 111 \~·as incorp~rated at~ong th; articles of confeder.a- f:11~:~~~~·n::1:0111~~~nc ~~~~p;:rc::~n;ilt~~/~tr~~.1:h~~,~~~:~r~ ! ton, but tills plan pro\'ed unacceptal.lle to the peo- building or take any specific measure, to know what ma· }Jle of .Massachusetts, as Mr. Gorham of that State IP.riab he hM at his di11posal, v.hether wood, bricks 01 m11.r· 1845.] The :ilfassaclw.~clls Propo.~itionfor AhnlisMng tlte Slave Representation. 45 1 ================================== guishcdjurist of :\Iassachusetts,) '' hasheen erected then, they are freemen, they might form an equal by architect.~ of consummate s kill and fid elity: basis for representation as though they were all its foundations are solid; its compartments are white inhabitants. In either view, the refore, he beautiful, as well as useful; its ar!'angeme!lls are could not see that the Northern States would suffull of wisdom and order; and its defences arc im- fer, hut directly to lhe contrary. 11 pregnable from without. h has been rea red for 1\'lr. Gorham •· thought the proposed section much immortality, if the work of man may justly a!:'pirc in f.'l\'or of Massachuselts." So highly was the to such a title. It may, nc,·crthcless. perish in an Constitution euloc:iscd, that a memlter of the Conhour by the folly, or corruption, or negligence of ''ention, (1\Ir. Randall,) said "in praise of it, we its only keep('rs, the peo;-le."• hear the reverend cler)!y, the judges of the su- Appealing from the present inhabit:lnts of l\fa s- preme court, and the ablc t~t Jaw}'ers exerting their sachusetts to their ancestors of the Revolution, let utmost abili1ies." Among the ayes upon the ques us see in what estimation the latter reprclcd tlte tion of ratification, are the names of Gorham, Federal Constilution, when it was s ullmitt ed for Dan<~., Cu sh ing, \Yinthrop, BO\\·doin, John Hantlze ratification or rejection of their State Conven· : ock, Samuel Arla.ms, and mJ.ny others of the most lion. Il is proper to refer occ·asionally to the earlier eminent men then living in ;\ lassachusetts. In ratiantl purer days of the H('puhl ic, :Jnd to obsen•e the (ying the Constitution, the Cun\'ention proposed course of those who so sed ulously sought to se - nine distinct amendments to the Federal Constitu. cure and maintain the reser \•ed rights of the States, tion. Did the Convention object to the represen· as well as the union of the States. tat ion of slaves, and propos(' to alt er the Constitll· Mr. King said," It is a principle of this Consti· tion in this respect! No, hut the con,·ention protution, that represe ntation and taxation shol1ld go posed, a3 an amendment. that' ' it be expl icitly dehand in hand. This paragraph states, that the clared. that all powers, not expressly delegated by number of free persons, including those IJonnd to the aforesaid Cuns titution . are reservell to the scvsenice for a term of years and excluding Itu!ians eral States, lube by thon exercised."• not taxed, three fifths of all other persons shall be The people of the Nnrthern States lu.ve, from computed in asc-ertaining the number of represe n- time to time .• spoken of the representation of the tati\'eS. These persons are the slaves. lly this rule slaves as a grievance, and a concession to the South are rf' prese ntation and taxation to be apportioned. on the part of the North. Among others, ~lr. And it was adopted because it was the language of J ustice Story, of Massachusetts, in his Commenall America.''t taries upon the Constitution, intimates that it is Judge Dana concluded, "from a sur\'ey of every injurious to the non-Sla\'e-holding States. It is uhpart of the Constitution. that it was the best that viuus to e\'ery one, that the arrangement is based the wisdom of men could suggest." upon no precise principle, but is a (:om promise be· Mr. Dawes sll.id, "he was very sorry to hear the tween conflicting opinions and interests. If any paragraph under consideration objected to. He concessiflll was made, it was made by the Souzh to thought the objecti(m unfoundP.d; that the black in· the interests and \'iews of the North. When tho ltabitanls of the Southern St3tes must be consid- Con!:'titution was formed, the doctrine prevailed ercd either as slaves, and as so much property, or uni\'crsally in this country, that taxation should be in the character of so many freemen; if the for· apportioned to represen tation. So\'ereign States mer, why should they not be wholly represented~ \vould not have united npon any other principle. Our own State laws and conslitutions would lead Had a different rule been adopted, the smaller and us to consider these blacks as freemen, and so in· weaker Stales would ha,·e llecn liable to oppression deed would our own ideas of nawral justice. I I~ on 1he part of the more powerful States of the confederacy. New Jersey and Delaware, fnr exblc, the clim~te which will operate 011 them, the ground on ample, with their :ew representatives.' would ?ot v.hich he has to Lmild, and the ohjcctfor v.hi<'h the huilcling have agreed to be !table to be taxed tw1ce or thnce is intended. So has the statesman to acquaint himself as high as New Yor l;: and Pennsyl v3nia, which had thorough ly with ethics, natural law arvl philosophy in gen· a larger number of representatives. A few of the era I, .yet he musl "otjorgelloi11 materia!11 when lie comtll tu the Jar11er States mi,..ht have coalesced and imposed opt:~::,~~~~ 1::~1191:0~1~~::~e object ofh~ society."-Licl.oer's Po- pre0ssive taxes 0~1 such property as might he p~cu- "All gu\'ernment is founded on l'ompromise. VVe hal- li:t.r lo some of the smaller Slates of the Unwn, a nee inl'onvenienr:cs: we give nnU tllke; we remit souw The sla,•es not being di!l'used throughont the cnunrighls, that we may enjoy others; and we choose rather to try, but confined to cerlain States, would have been be happy Citizens tl~n suhtleJi~puta.nts. ASI\C mustgi1·e liaiJlc to unequal and excessive taxation. The apav. ay some uatun•llt~rt·.-, to e.nJoy ctvJ.! advnntages ;so we portionmenl of taxation acconling to represent a- ~~·~~~·es~<(~~~~eth~:::r:.~~:.:~~~e~t~:~lsf,f~:~~~~~~~~:;n;~::::~~ tion.' interposed a clteck and furnished a rest.raint pim.''-Uurkc'11 Works, vo!. lst. against unequal demand.; to supply the natiOnal ., Story. treasury, and without this saf~guard and security, t2nd \'O!. Elliot'~ DebR.tcrJ. • Elliot, 1'01. 2. |