FEDERALIST, No. 42

BY JAMES MADISON.

It were doubtless to be wished, that the power of prohibiting the
importation of slaves, had not been postponed until the year 1808, or
rather that it had been suffered to have immediate operation. But it
is not difficult to account either for this restriction on the general
government, or for the manner in which the whole clause is expressed.

It ought to be considered as a great point gained in favor of
humanity, that a period of twenty years may terminate for ever within
these States, a traffic which has so long and so loudly upbraided the
barbarism of modern policy; that 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 brethren! 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 brethren observe,
that representation relates more immediately to persons, and taxation
more immediately to property; and we j