Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-03-13
DEBATE ON THE CONVENTION.
S,.bsasee Of M. lpR0.MGO0kE'ss Speech. -aeii-
veved in Inc Ssaste Of Pirg;ala on ne subject IF
aygni<iay coares'tion 10 -a,aend Me Constiiution
OF de Stale ~

Of fhe Stale. ~ t1ct-z1- et ~,
- CONCLUDED.
M Speaker, said Mr.. D., beg leave to intro
duce and read to the Senate the forcble and persp
cuoos reasoning Of Mr. Madison, on the the ratio of
representation, contained in the fftyourth number
Of the Fedcrast II is SO far superior to any thing
which, have boan able to advance, that l am conf
dent its introduction will rclieve rather than Cypress
the patience ofthose who have politely attended to
tho course OF my remarks. The argument of Mr.
Madison is adduced for the sake Of its own intrinsic
strength, and not from any desire to create an extra
neous influence by the lustre of name. ut is not
commended" says Mr.. Madison, "that the number of
people in each state ought to DO the standard for
regulating the proportion ofthose who arc to repre-
sent the people OF each state. The establishment of
the same rule for the apportionm,n of taxes will pro-
badly be as little contcsted though the rule ITSELF in
this case IS by means founded on the same prnci-
pie In the former case, the rule is understood
ter to the personal rights of the people, with which it
has natural and universal connection In the latter
II mas rcferencso the proportion of wealth. of which
1t IS in no precise measure and in ordinary ca
sas, very unit one But notwithstanding the inn
perfection of the rule applied to the relative
wealth and contributions of the states it is evidently
the least exceptonable among the practical rules; and
had too recently obtained the general sanction of
America, not to have found ready preference with
the Convention. All this is admitted, it will perhaps
be said but does follow from an admission of num-
beers 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
perty, not persons. They ought, therefore, TO be
comprehended in estimates of taxation, which are
founded improperly, and to be excluded from repro
sanitation, which is regulated by census of persons.
fhts Is the objection, understand it. stated in its
full force. shall be equally candid in stating the
REASON which may be offered on the opposite side
we subscribe to the doctrine might of our south
ern brethren observe, that representation relates
more immediately to persons, and taxation i'm
nedately to property; and we join in the application
OF tins distinction to the of slaves. But We
must deny the fact that slaves considered merely
az property, and in no respect whatever persons
Ihe true state OF the Ease is, that they partake of
both those qualities being considered by or laws in
sone respects persons, and in other respects as
property In being compelled to labour not for him
self, but for master in being vendible bv one mas
ter to another master; and in being subject at all
times to be restrained in his liberty and chastsed
Up his body, by the caprcious will of another; the
slave may appear to be degraded from the human
rink, and classed With those irrational animals which
tall under the legal denomination of property In
being protected, the other hand, in his life and in
his limbs against the violence OF all Others even the
master o. his labour and his liberty; and being pun
ishabe himself for all violence committed against 9th
erss the slave rs no less evidently regarded by The
law member of the society, not as part oe the
irrational creations moral person, not as n mere
article of property. The federal constitutions there
fore, decides With great proprcty 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. Il is the character bestowed on
them by the laws under which they live; aud it will
not be denied that these the proper criterion hc
cause 1t is only under the pretext, that the lays have
transformed the negroes into SUBJECTS of property
that place is disputed them in the computation of
numbers; and 1t is admitted that if the laws were To
restore the rights which have been taken awav the
negroes could longer be refused an equal share OF
representation with the other inhabitants. This
question may be placed in another light II is agreed
on all sides that numbers the best scale wealth
and taxation they are the only proper scale of
representation. Would hov bno
impartial consistent if they had rejected the slaves
from the list ofinhabitants when the shares OF rep.
resentaon to be calculated; and inserted them
on the lists when the tariff of contribution was to he
adjusted, Could it be reasonably expected tina,
the southern states would concur in a system
which considered their slaves in some degree
as men, when burdens we're to be imposed, bat
refused to consider them IN the same hight. when
advanta gps were to be conferreds Might not some
surprise be also expressed that those who rcproach
the southern states with the barbarous policy Of con-
sidering property part of their human bIcthren
Should themselves contend that the government to
which all the states parties, ought TO consider
this unfortunate completely in the unnatu-
raj 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 representa-.
tives in any OF the states possessing them They ne
tIer vote themselves increase the votes CT their
masters. Upon what principle then, ought they to
be taken into the federal estimate Of representations
In rejecting them altogether, the constitution would
IN this respect, have followed the very laws which
lave been appealed to as the proper guide. This OH
lection Is repealed by a single observation. II is
fundamental principle Of the proposed constitutions
that as the aggregate number of representatives no
ted to the several states is to be- determined bv fde
raj rule founded on the aggregate number Of inhabi
tans so the right Of choosing this allotted number IN
each state TO be exercised by such part ofthe in
habitants as the state itself NAV Designate The
qualifications on which the right Of suffrage depend.
are not perhaps the same in any two states I'm |
some of the states the difference is very material In
every state. certain proportion Of inhabitants are
deprived ofthis right by the constitution of the state
who will be included in the census by which the fed.
era constitution apportons the representatives I'm
this point Of view tue southern states might retort
the complaint, by insisting, that the principle laid
down by the convention required that no regard
should be had to the policy Of particular states TO-
Wards their own inhabitants; and conscqucntly that
the slaves as inhabitants should have been admitted
INTO the census according 20 their full number in like
manner with other inhabitants who, by the policy Of
other not admitted 70, .