hat within that period, it will receive a
considerable discouragement from the Federal government, and may be
totally abolished, by a concurrence of the few States which continue
the unnatural traffic, in the prohibitory example which has been given
by so great a majority of the Union. Happy would it be for the
unfortunate Africans, if an equal prospect lay before them, of being
redeemed from the oppressions of their European brethern! Attempts
have been made to pervert this clause into an objection against the
Constitution, by representing it on one side, as a criminal toleration
of an illicit practice; and on another, as calculated to prevent
voluntary and beneficial emigrations from Europe to America. I mention
these misconstructions, not with a view to give them an answer, for
they deserve none; but as specimens of the manner and spirit, in which
some have thought fit to conduct their opposition to the proposed
government.
* * * * *
FEDERALIST, No. 54.
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 anot
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