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
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