New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-27
A Review of the Decision of Judge Paine

A Review Of the Decision of Judge Paine
OF NEW YORK,
IN THE CASE OF THE SEIZURE AND LIBERATION
OF MR.. LEMMoNs SLAVES.
[coniinued.I
TAXATION AND APPoRTIoNNfENT OF REPRESENTA-
TI0N AS ADJUSTED BY THE CONSTITUTION OF
THE UNITED STATES.
The Congress acting under the Constitution,
have sanctioned the right of slavery by provi-
ding for the enumeration of slaves for the pur-
pose Of taxing them, and making the tax lien
ON them as property. See vol. 3, Laws of U.
States, Bioren's edition, pages "a, 100, 102. The
Eastern members of the Convention proposed it
they sustained it, and they moulded it to Their
mind. In 1898 and 1899, when it was necessary
to resort to direct taxation to support the quasi
war then waged against France, this species of
population was taxed as property. The same
sort of taxation was levied during the late war
with England This property has afforded rev.
enue to carry on these wars; in the latter
six hundred thousand dollars was annually re-
ceived upon slaves.
By the Constitution, slaves are not only prop
erty as chattels, but political property, which
confers the highest and most sacred political
which the very existence of Government depends
The superintendent among the several States
Of their representatives. in Congress
The superintendent of direct taxes among the
several States.
The number of electoral votes for President
and Vice President, to which they shall be re-
spectively entitled
The basis of this right is, I" according to their
respective numbers, which shall be determined
by adding to the whole number of free persons,
including those bound to service for a term Of
years, and excluding Indians, not taxed three
.fffhs Of all other persons" So for all these
great objects, five slaves are, in federal num-
hers. equal to one freeman Of the North
In that article of the Constitution, the word
person is used as synonymous with "human be-
ing and inhabitant" The Constitution, in the
second section of the first article provides that
representatives and direct taxes shall be
apportioned among the several States according
to their respective numbers, which shall be de-
termined by adding to the whole number of
free persons, including those bound for term
of years, three ffths of all other persons
The word persons was unquestionably subst-
ted for slaves. The words free persons, inclu-
ding those bound to service, embraces all the
inhabitants or human beings of a State, save
slaves; and the delicacy of the trainers of the
Constitution avoided sedulously the introduc-
tion of the word slave, and embraced them
under the general term of other persons.
After the formation of the Constitution it was
objected to its ratification that slaves ought not
IN nriva IN fhair eff a
tation, for " slaves are considered as property,
not as persons; they ought therefore, to be
comprehended in the estimates of taxation, as
property, and be excluded from representation,
which is regulated by census of persons" In
confirmation of these views we refer to the 54th
number of the Federalist, to show Mr.. Madi-
sons views in combating the objections taken by
the shareholders to that feature Of the Con-
stitution by which three-ffths of the slave pop
ulation are added to the free population of
State in relation to its representation in Con-
gress. In reply to this, he argued that it was
true that slaves were considered as property,
but they were also considered as something
more than property-they were considered as
moral persons, liable to be punished for crime,
as members of society.
Let us examine who fixed this apportionment
1t was done by members of the Convention of
the Eastern States Mr.. Randolph, of Virginia,
proposed that the rights of suffrage should be
proportional to the quotas of contribution
Mr.. Madison, of Virginia, made proposition
for an equitable ratio. 1t was then moved by
Mr.. Rutledge, seconded by Mr.. Butler, to add
to the words equitable ratio of Representation,
at the end of the motion just agreed to, the
words according to the quotas of contribution >
On motion of Mr. Wilson, of Pennsylvania. sec
onded by Mr.. Pinckney, of South Carolina, thi. |
was postponed in order to add after tho words |
{" equitable ratio Of representation" the words 1
following: Gin proportion to the whole number /
of white or other free citizens and inhabitants
of every age, sex, and condition, including those
bound to servitude for a term of years, and
tnree-ffths of all other persons, not compre-
hended in the foregoing description, except In
dams not paying taxes, in each State" This
was followed by proposition by Mr.. Patterson,
Of New Jersey, of the same import. Upon re-
yising this proposition with others, the Commit
tee Of Revision was Mr.. johnson, Of Connecticut.
Mr.. Hamilton, Of New York, Mr.. Morris. OF
Pennsylvania, Mr.. Madison, of Virginia, and
Mr. Rufus King of Massachusetts,. The Com
mittee adopted the proposition of Judge Wilson
and Mr.. Patterson, and formed that clause of
the Constitution which regulates the represen-
tation and the direct taxes.
The next compromise upon the question Of
slavery was between the small and large States.
The one claimed, and the other refused an
equality Of suffrage in the National Legislature
1t was agreed that the suffrage should be eoual
in one House, and according to population in
the other. This was the basis Of the comnro.
mise. Then came the question, what shopla
the representative population. The
southern States had more slaves than the Nortb-
srn, and the former insisted that slaves sbonll
20 included in the representative population
This, il was contended in the Convention. would
i've the Southern States an unfair preponder
nee in Congress. To reconcile the North to
lave representation, it was offered that direct |
axation should b.. proportional to representa- |
ion This arrangement of political power was |
cceded to. Mr. Dayie, of North Carolina, made |
deliberate declaration - % He was sure /
forth Carolina would never confederate on any |
,rms that did not rate them lthe slaves at
ast at three-ffths. If the Eastern States
cant therefore to exclude them 1.-THE slayesl |