orm basis
of representation throughout the country. Another possible, and even
probable consequence would be, such inextricable confusion, as to the
persons described by the same terms in the different states, that
Congress could not apportion the national representation at all, in the
manner required by the constitution. The questions of law, arising out
of the different uses of the word "free," by the different states, might
be made so endless and inexplicable, that the state governments might
entirely defeat all the power of the general government to make an
apportionment.

If the slave construction be put upon this clause, still another
difficulty, in the way of making an apportionment, would follow, viz.,
that congress could have no _legal_ knowledge of the persons composing
each of the two different classes, on which its representation must be
based; for there is no legal record--known to the laws of the United
States, or even to the laws of the states--of those who are slaves, or
those who are not. The information obtained by the census takers, (who
have no legal records to go to,) must, in the nature of things, be of
the most loose and uncertain character, on such points as these. Any
accurate or _legal_ knowledge on the subject is, therefore, obviously
impossible. But if the other construction be adopted, this difficulty is
avoided--for congress then have the control of the whole matter, and may
adopt such means as may be necessary for ascertaining accurately the
persons who belong to each of these different classes. And by their
naturalization laws they actually do provide for a _legal_ record of all
who are made "free" by naturalization.

And this consideration of certainty, as to the individuals and numbers
belonging to each of these two classes, "free" and "all other persons,"
acquires an increased and irresistible force, when it is considered that
these different classes of persons constitute also different bases for
taxation, as well as representation. The requirement of the constitution
is, that "representatives and _direct taxes_ shall be apportioned," &c.,
according to the number of "free persons" and "all other persons." In
reference to so important a subject as taxation, _accurate_ and _legal_
knowledge of the persons and numbers belonging to the different classes,
becomes indispensable. Yet under the slave construction this legal
knowledge becomes impossible. Under the other construction it is as