The North-Carolina standard., 1850-07-20
OASIS OF REPRESENTATION.

THE BASIS OF REPRESENTATION: i:
1895 the members of the Legislature OF 'h'S
s,.ts were appor,ioned by Countess eacn oou"y
.toosino its Senator and two Commonels' III.
srstem was unjust and unequal in tue oo'se.' 'o'
,ho s,a,. increased in wealth and poPoaton' II
go - he .ctually burdensome and oppressive
"a' ~ If 1885 was called 10 remedy
The evil. The representation oy e0"'a'es was a"o,
ebea Senatorial Districts were d'rec'eo 10 DC a'o o'
,,a Federal numbers were established as the oaslS
- ,hs House, and taxation of the Senate. we
~.o,e from the Constitution as follows:
1.-The Senate of this State shall consist of fifty hep
,esenta,ives biennially chosen by ballot; ana 70 oe
elected by districts; which districts shall De ld'o o"
by the General Assembly, at It's first session al'er "s
ysar one thousand eight hundred and forsy-one; ana
Afterwards at its first session after 'he year o''e ou
sand eight hundred and fffy-one anu then every
twenty thereafter in I 20 hn ns she puoc
,bereof and the average OF the public taxes paid
hv each comfy into the Treasury of the State, for
The five wears preceding the laying off of the districts
ob,lJ no considered its proportion of the public
,.vas and constitute the basis of apportionment {:
psar;dd. that no county shall be divided in the for
nation of Senatorial district And when there are
one or more counties, having an excess of taxation
above the ratio to fornra Senatorial district adjon-
inq county counties deficient in such ratio, the
excess excuses aforesaid shall be added to the
taxation of the county counties deficient; and if,
with such addition, the county counties receiving
il shall have the requisite ratio, such county and
counties each shall constitute Senatorial district.
The House of Commons shall be composed of
one hundred and twenty Representatives, biennially
chosen by ballot to be elected by counties according
to their federal populations that is, according their
respective numbers, which shall be determined by
adding to the whole number of free persons, including
those bound to service for term of years. and ex-
cuding Indians not taxed, three-ffths of all other
persons and each county shall have at least one
member in the House of Commons, although it may
not contain the requisite ratio of population
This arrangement e4.akzed political power between
the East and the West, satisfied both sections, and
oueted the prevailing discomfort; and it was fondly
hoped that new era had been commenced in the his
ory of the good old State As the basis Of the Senate
was taxation of all sorts-lands included -aHinterests
are therefore represented in and hence, when this
basis was established, there longer any necessi
tg for retaining the freehold for Senatorial
roers Federal numbers, being the basis for the Com
MONS the negroes as we'll the whites counted,
upon the same principle that gives them weight in
the Congressional representation. The negroes are
thus included in the basis for each House-as per-
sons in the Commons representation, and taxables
in the Senate; and Gov. Manly, in demanding a
change in the basis of representation, is therefore
making double attack on the slavehoding interest.
While on this subject we quote as follows from
the remarks of the lamented WILLIAM GAsroN, de-
liyered in the Convention of 1885. On pages l3j
and 1885, Debates ofthe Convention, Mr.. CASTOR says
"The argument in favor of founding the representa-
tion in the House of Commons on the basis Of free
population. had been announced In the form OF syi-
logism. The Senate represents property, but the
House Of Commons represents persons. Slaves are
not persons-thereore, slaves ought not to be con-
sdered in apportoning the members of the House OF
Commons. Arguments are not always sound because
they are put into approved form. The Senate, in
deed, does in the main represent property but does
not exclusively represent property, Taxation Is the
ratio of representation there-but taxation does not
arise wholly from property. portion Of the tax Of
every county is Poll-ax upon the free maies-and
so far as this into the estimate, ersons
well property affect the ratio Of representation there.
But, in what it be said that slaves are not
persons! So invaluable is the blessing of liberty.
that is difficult to institute any comparison between
him who enjoys it, and him who has it not. But,
vast as is the difference between free man and a
slave it is not equal to the infinite distance which the
God of Nature has placed between rational being
and brute. Slaves are human beings AS such
they subject to the law, regarded as having wiN
which they may abuse to wicked purposes, and made
responsible for offences against society. Why un-
drrtake try slave more than horse-why, under
the soemnity of oaths, investigate his guilt! Why,
it he kills man, do you not at put him to death
asyou would an OK who had gored your child! Why,
but because he is human being, because he is a
person! As a human being, his life is protected
against the violence of his own MASTER and his per-
son protected against the violence of all. Although
slave is article of property, he is nevertheless
member of society-and. like other members Of soc-
ely, constitutes part of its strength Of its weak
ness. Political necessity will not permit him to ex-
ercse the elective franchise; but, in apportioning
representatives to population, he cannot be overlook
ed, for he is part of the population. Slaves consti-
tue anomalous class, having the mixed character
of persons and of property. AS such they are view
ed in the Constitution of the United States; and the
rule of representation proposed, is called the
Federal rule, because it prevails there. After much
controversy, it finally arranged that, in appor-
tioning representation under that Constitution three
fths of the slaves should be added the number of
the free citizens of each State North Carolina. with
all the Southern States, st.enuously contended for
this rule. and surely 1t is late her TO insist
that tie rule a0hoHy avrong, and has been inqui
tousy enforced by her against the Eastern and Middle
States Of the Union.''
What will Gov. Manly and his psrtzah backers say
10 that! Mr.. CASTOR also said, page SO, same book
"Taxation and representation were regarded as in.
seParable-once brought into the Legislative body, and
having the power to refuse grants until their griev
ances were redressed they gradually became able te
vlndcae their rights-they Increased in wealth-the
ability to contribute increased. Their reasonable
claims could longer be resisted and political pow
ef was the necessary result. This same principle
no taxation without epresentation-which was thu
foundation of political liberty in England, was tn,
foundation of political liberty also this side of h
Atlantic, and Is entitled TO our peculiar reverence
Let it be known in all portions of the State, an,
especially in the middle and East, that Colonel Re
onh,