Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-04-10
VIRGINIA LEGISLATURE.
DEBATE ON THE CONVENTION

DEBATE ON THE CONVENTION.
rerea IN the Se7rate Of Virginia on the sub
iscf Of organizing COnreatioR TO amsnr
The Constitution Of the State.
ECoNcLUpEp.
Mr.. Speaker, said Mr.. D., beg leave TO intro.
duce and read to the Senate, the torcbie and per-
spicuous reasoning OF MIR. Madison, on the ratio
OF representation, contained in the fifty fourth
number OF the Federaist. IL is so far superior 10
any thing which have been able to advance, that
am confident its introduction will relieve rather
than Cypress the patience OF those who have po-
litely attended to the course of my remarks. The
argument Of Mr.. Madison is adiuced for The sake
Gifts own intrinsic strength, and not from any de-
sire to create an exraneous influence by the lus-
ire Of name. alt is not contended,'' says Mr..
Madison, ''that the number of people in each state
ought not TO be the standard for regulating the pro-
portion of those who to represent the people of
each state. The establishment of the same rule
for the apportionment OF taxes, will probably be
little contested; though the rule ITSELF in this case,
Is by no means founded on the same principle. In
the former case the rule is understood to refer TO
the personal rights of the people, with which it
has natural and universal connection. In the lat
ter, it has reference to the proportion of wealth,
which 1t is In no case precise measure, and in
ordinary cases, very unfit one. But, notwith-
standing the imperfecton of the rule az applied to
the relative wealth and contributions Of the states
It is evidently the least exceptionabIe among the
practical rules; and had too recently obtained the
general sanction of America, not 10 have found
ready preference withthe Convention. All this
is admitted, it will perhaps be said but does il fol-
low from an admission OF numbers for the mea-
sure of representation, OF slaves combined
with free citizens ratio of taxation, that slaves
ought to be included in the numerical rule OF rep
resentation! Slaves considered as property,
not as persons. They ought, therefore, 10 be COM
prehendedin estimates OF taxation which are found
ed on property, and to be excluded from reprcsen
tafioD, which is regulated by a census of persons.
This Is the objecton,a s understand it, stated in its
full force. shall be equally candid ip stating the
reason which may be offered on the opposite side.
We subscribe TO the doctrine, might one of our
southern brethren observe, that representation re.
'ales more Immediately to persons, and taxation
more Immediately topToperty; 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 10 no respect
whatever as persons. The true state Of the case
is, that they partake Of both those qualities, be.
ing considered by our laws, in some respects as
persons, and in other respects as property. In
being compelled TO labour, not for himself, but for
master; in being vendible by one master TO ano-
ther master; and in being subject at all times 10 be
restrained in his liberty land chastsed in his body
by the capricious will Of another; the slave may
appear to be degraded from the human rank, and
ciassed with those irrational animals which fall
Under the legal denomination Of property. In be-
ing protected, on the other hand, in his life and in
MS linus, against Ol OttiSTS, even
The master Of his labour and bis liberty; ard being
punishable himself for all violence committed a.
ganst others; the slave is no less evidently regard
ed by the law as a member of the society, not as
part OF the irrational creation; as moral person,
MT as mere article Of property. The federal
constitution therefore, decides with great propri-
ETY. on the case OF our slaves, when il views them
in tho mixed character Of persons and property.
This in fact their true character Its the char
acter bestowed on thom by the laws under which
ihey live; and IL will not be denied, that these are
the proper criterion; because ii is only under The
pretext, that the laws have transferred the ne.
grues into subjects Of property, that place is dis
Duted them in tho computation OF numbers; and il
IS admitted. that if the laws were TO restore the
ghts which have been taken away, the Degroe:
could no longer be refused equal share Of rep
rsseptaiion with the other inhabitants. This ques
ion may be placed in another light. IL is agreed
on all sides, that numbers are the best scale o.
wealth and taxation, as they are the only proper
scale Of representation. Would the convention
fave been impartial or consistent, If they had re.
i,cted the slaves Ifomsthe list OF inhabitants, when
The shares Misrepresentation were TO be cscuIated
and inserted them on the lists when the tariff Of
contribution was 10 be adjusted, Could il be rea.
ssnably expected, that the southern states would
sTncuT in a system, which considered their slave,
como degree as men, when burdens were {,
10 imposed, but refused TO consider them in In,
esme light, when advantages were TO be confer
fsG, Might not some surprise be also expressed
nat thoss who reproach the southern states witt
'hs bTrt3reus policy u considering a7 prore'y