SLAVE REPRESENTATION. 433 of intervals; and, though it may seem strange, this was opposed by Sherman and Morris as fettering the legislature too much; but the proposition was supported by Mason,1 as a just method of ascertaining the true weight of all parts of the country. The real difficulty was the slaves, and Williamson modified Randolph's proposition so that a census should be taken of the free inhabitants and threefifths of all other persons, an amendment which Randolph quickly accepted. A census of persons seemed to many the members inadequate; it should include property. The West held many States in prospect, and though Spain for a time might deprive these new commonwealths of the free navigation of the Mississippi, the natural outlet of their productions, yet, she would ultimately be compelled to yield to their terms. The controversy pending at this time between the two nations respecting the navigation of the great river was confidently expected to end in favor of the United States, although there was widespread discontent among the people, especially in the West, that Congress was willing to sacrifice western to eastern interests, and to surrender the control of the Mississippi to Spain for an unreasonable time. Butler and General Pinckney, believing that Williamson's amendment fell short, wished the negroes included in the rule of representation equally with the whites, but this was opposed by Gerry on the ground that three-fifths of the blacks were, to say the least, the full proportion that could be admitted; and by Gorham that the threefifths ratio had already been fixed by Congress as a rule of taxation. The delegates from the slave-holding States had insisted that the blacks were inferior to freemen, and yet, when a ratio was to be established, assured 1 July 11. 434 SLAVE REPRESENTATION. the Convention that they were equal to them. Thus the issue was raised whether slaves should be counted as threefifths of the ratio or equally with the whites. Butler held that slave labor in South Carolina was as valuable and productive as free labor in Massachusetts and, therefore, should be equally represented. Slaves increased exports and imports, and as yet no intimation had been given that exports should not be taxed. But Mason did not regard them as equal to freemen, remarking that the southern States had slave property over and above property of the kind common to all the States. Though the southern States had insisted on the inferiority of the blacks when there was an intimation of taxing them, Williamson reminded Gorham that the eastern States had then contended for their equality with freemen. But only three States supported Butler's proposition to consider the blacks equal to the whites in the apportionment.1 Morris objected to a census, in the belief that the number of inhabitants was not a proper standard of wealth. The difficulty was intensified by the confusion of persons and property in slaves. All the State governments being based on property, that precedent seemed of final authority, and it may be said that so long as slavery continued in existence in this country the precedent continued in force.2 As the discussion continued, however, some of the members became more liberal and at the same time. more just in their opinions. Sherman expressed belief 1 Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, no; Delaware, South Carolina and Georgia, aye. 2 See my Constitutional History of the American People, 17761850, I, Chapter VII, on the "Political Estate at the Opening of the Nineteenth Century." Vol. II, Chapter XII, "Dictates of Free Labor." Chapter XV, "The Courts, the People, Social and Civil Progress." LABOR THE TRUE BASIS. 435 that population was the best rule for measuring both wealth and representation, Wilson pronounced wealth an impracticable basis. Morris shrewdly observed that if the Convention could not agree on a rule that would be just at the outset, it could hardly expect to find one that would be just in all time to come; but he rejected the idea that numbers would ever be the just rule. He was gravely apprehensive of danger from the West, for if its people ever got power into their hands they would ruin the Atlantic interests; but he revolted at the thought of admitting the blacks into the census; the people of Pennsylvania, he said, would never consent to be placed on a footing with slaves. To Madison's surprise, Morris remarked that the best course that could be taken would be to leave the question to Congress, a confidence in popular government unusual in Morris, but his confidence did not include the West. To reconcile Morris with himself, said Madison, one must imagine that he determined the human character by the points of the compass. Applying Franklin's rule, worked out by him nearly sixty years before, Madison now declared that the true measure of wealth and the ability to pay taxes was labor,1 and that wherever it was easy and free its production was greatest. For this reason immigration had set in from Europe and the Atlantic States into the South and Southwest. At this time it was chiefly toward Kentucky and Tennessee, for the hostile tribes in the Ohio country kept back population.2 The prospect in 1787 was that the States first admitted from the West would be slave States. It was decided that the census should be of the free in 1 See ante, pp. 26-28. 2 See my Constitutional History of the American People, 17761850, I, Chapter VIII, "The First Migration West." 436 THE SOLUTION UNCERTAIN. habitants, but should it include three-fifths of the black population? King objected that this would prove a source of discontent among the States that had no slaves. Unless such a compromise was necessary it should not be made, for the allotment of representatives to the South on the basis of the white and three-fifths of the black population had already given it more than its share. Wilson went deeper than a mere objector when he asked on what principle only three-fifths of the negroes were admitted. If admitted as citizens, why were they not on equality with the whites? If as property, why was not other property admitted? Perhaps these difficulties might be overcome by a compromise. The unreasonableness of including three-fifths of the blacks in the census caused the rejection2 of the proposition, but it was agreed that a census should be taken every fifteen years. The unanimous rejection of Williamson's proposition, to base representation on the wealth of the States and their population, including threefifths of the slaves, raised apprehensions of reaching a satisfactory basis. Gouverneur Morris then led the thoughts of the members in a new direction and proposed that to the clause empowering the national legislature to vary representation according to the principle of wealth and population, a proviso should be added, that taxation should be in proportion to representation,3 upon which Butler promptly 1 Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, aye; Delaware, Maryland, South Carolina and Georgia, no. 2 Connecticut, Virginia, North Carolina, Georgia, aye; Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, no. Madison remarks, that Carroll said, in explanation of the vote of Maryland, that he wished the phraseology so altered as to give no offense to the eastern and middle States. Documentary History, III, 318. Elliot, V, 301. 3 July 12. DEMANDS OF SLAVERY. 437 demanded that all the negroes should be included. Mason admitted the justice of Morris's new rule, but feared that, in application, it might embarrass the legislature by compelling it to adopt the old plan of requisitions,—a defect which Morris acknowledged but thought might be removed by restraining the rule to direct taxation. It would apply to indirect taxes on exports and imports. Morris's intimation, that exports might be taxed, alarmed Pinckney more than did his objection to the inclusion of negroes in the basis of representation, for the exports of South Carolina amounted, he said, to six hundred thousands pounds sterling, annually, all of which was the fruit of slave labor. Yet, the State would not be represented in proportion to this amount, and therefore ought not to be subjected to a proportionate tax. A clause, therefore, should be inserted in the system restraining the legislature from taxing exports. Morris's idea was thus approved by the southern States, but Wilson remarked that it would be difficult to carry it into effect unless it was limited to direct taxation. Morris modified the proposition accordingly and it passed without opposition. Thus it was settled that direct taxation should be apportioned to representation. No sooner was this decision reached than it created alarm. Davie remarked that it was high time to speak out. The intention of the proposition was to deprive the southern States of slave representation. North Carolina would never confederate unless the blacks were rated at last as three-fifths. If the eastern States meant to exclude them, the business of the Convention was at an end. The objection of the southern members to Morris's plan was to the uncertainty of its means for securing apportionment. The rule, said Pinckney, should be ascertained and not be left to the pleasure of the legislature. Property |