oin 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 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, b