her; 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 other inhabitants.
This question may be placed in another light. It is agreed on all
sides, that numbers are the best scale of wealth and taxation, as they
are the only proper scale of representation. Would the convention have
been impartial or consistent, if they had rejected the slaves from the
list of inhabitants, when the shares of representation were to be
calculated; and inserted them on the lists when the tariff of
contributions was to be adjusted?
Could it be reasonably expected, that the Southern States would concur
in a system, which considered their slaves in some degree as men, when
burdens were to be imposed, but refused to consider them in the same
light, when advantages were to be conferred?
Might not some surprise also be expressed, that those who reproach the
Southern States with the, barbarous policy of considering as property
a part of their human brethern, should themselves contend, that the
government to which all the States are to be parties, ought to
consider this unfortunate race more completely in the unnatural light
of property, than the very laws of which they complain?
It may be replied, perhaps, that slaves are not included in the
estimate of representatives in any of the
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