Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1847-04-08
Speech of MI, Upham, Of Vermont,
On the Three Million Blu. Delivered in the u
s. Senate, Monday, March l, l847.

(CoNCLUDED.)
Sir, the subject of slavery was an exciting
topic in the Federal Convention ofI789. After
the convention had settled the scheme of max
ing numbers the basis Of representation Of the
Union, a difficulty of very serious nature arose.
The controversy was in regard to slaves: whether
they should be included in the enumeration or
not. On the one hand, it was contended, says
Judge Story in his Commentaries on the Con-
stitution, that slaves were treated, in the States
which tolerated slavery, as property, and not as
persons. They were bought and sold, devised
and transferred, like any other property. They
had no civil rights or political privileges. They
had no will of their own; but were bound to alb
solute obedience to their masters. There was,
then, no more reason for including them in the
census of persons, than there would be for inclu-
ding any brute animals whatever. If ttey were
to be represented as property, the rule should
he extended so as to embrace all other property.
1t would be a gross inequality to allow represent
tation for slaves to the southern States; for that,
in effect, would be to allow to their masters a
predominant right, founded on mere property
Thus, five thousand free persons, in a slave State,
might possess the sam power to choose a Rep
resentatlve as thirty thousand free persons in a
non-slaveholding State. On the other hand, it
was contended, says the same authority, that
. slaves are deemed persons as well as property
They partake of the qualities of both. In being
5 compelled to labor, not for himself, but for his
master in being vendible by one master tc
another and in being subject, at all times, tc
to be restrained in his liberty and chastised in
his body by the will of another, the slave may
appear to be degraded from the human rank
e and classed with the irrational animals. But, il
c being protected in his life and limbs against the
J., violence mmit against others-the slave il
t no less evidently regarded by law as a member
Of the society, and not as a part of the |irrationa
creation as a moral person, and not as a mere
y article of property. The Federal Constitution
d should, therefore, view them in the mixed char
acter of persons and property, which is, in fac
e their true character. This reasoning, sir, is, tt
my mind, quite inconclusive. But fit is we'll
founded, 1t applies to all property i'll all tn
is States.
The controversy, however, was at length set
tied by compromise and concession. 1t Wa
agreed that slaves should be represented, unde
the appellatlon of other persons y not as FIRE
b. persons, but only i'll the proportion of three-fifth,
In order to reconcile the non slaveholding State
to this provision another clause was inserted
that direct taxes should be apportioned in tn
u same manner as representatives. SO that, thu
oreticaIly, representation and taxation might G
parj pasSu. This provision, you will perceive
sir, relieved the other two-iilths Of the slave
from being taxed at all as property; so that tn
STAKEHOLDER, in case of a direct tax, pays only O
IT. tbroo E(bc ofbie elnvo prOnortv, uybiln tho nOi
TO STAKEHOLDER is compelled to pay on the whole
an his property. This is manlfestly unequal. Blu
m sir, it is in the Constitution, and we are bour
by it. Does any Senator believe that the no
slavehoIding States would have consented tn
to thrce-dfths of the slaves should be representt
en- under the appellation of "other PERSONS if it hi
ter been understood that the Federal Governme
"y had power to acquire foreign territory, and CT
rts ate it into new slave States Z! No, sir if SUE
OF had been the understanding, slaves would ha
u.s. been excluded from the enumeration.
or Sir, there were many able statesmen in Il
at Federal Convention who denounced slavery
ice unmeasured terms. Hear Colonel Mason of Vi
ginia:
u "Slavery discourages arts ant Manufactures. tt
1eS poor despise labor when performed by slaves. Th
prevent the emigration of whites, who really enri
't' "hu ONiNhSNiNh u JUN E AiCJ plOuuCC u I've pV
ks nicious effect on manners, Every master of slaves
born a petty tyrant. They bring the Judgment
b+s Heaven on a country. AS nations cannot be reward
49, or punished in the next world they must be in this.
By an inevitable chain of causes and effects, Pro,
dence Furnishes national sins by national calamities
5ed He held it essential, The said0 in every point of vie
ING that the general government should have power
pie prevent the increase of slavery"
This sir, is the language of one of Virginia
BE ablest statesmen, when engaged in framing
lily constitution for this then young republic, to c
ons dure through all coming time.
ape Mr., Madison, also a member of the Conve
ap- ton, was not silent upon the subject. |
" thought it wrong to admit i'll the Constitute
out the idea that there could be property in man"
eep AT the time of the adoption of the CONSTITUTE
OF s3ytn ofthe thirteen States were free, and
ude were slave States; and nothing transpired in t
on Convention to show that an increase of the sa
cry States was anticipated or desired. The balan
uld of political power was in the hands of the fr
re States, and no statesman of that day, North
9m- South, as far as | know, desired to see it p;
into the hands of the slave States. No su
for change could have been anticipated for, und
the the Constitution, no power was given to t
the Federal Government to acquire foreign terrific
less Such, it is certain, was the opinion OF Mr.. jeff
ing son and many other southern statesmen of GRE
a eminencc. But what does the history of lit
tan more than half a century show? Why, sir,
1903, we acquired Louisiana by purchase, a
md the people of the free and slave States paid fife
MS millions of dollars for it. Mr.. Jefferson, when
as made the acquisition, admitted that he had
urn constitutional power to do it but the vastimp
lose lance of the navigation of the Mississippi to
or commerce Of the United States, induced him
be make the purchase, and trust to an amendmC
his ofthe Constitution to legalize the act. Well,
re- what has been done with this territory thus p
and chased of France? Why, sir, three slave Sta
able have been created out of it, viz Louisiana, NJ
re- souri,, and Arkansas all now represented in t
ter and the other branch of Congress.
the In 1919 we acquired Florida by purchase, a
'een the people of the free and slave States paid f
you millions of dollars for it. That, also, has be
lrch created into a slave State, and is represen
had upon the floor of both Houses of Congress.
ton But this is not all. sir in 1874 we acmi