The Law Department was organized October 12, 1868, with Mr. John M. Langston[519] as professor and dean. In December of the same year, A. G. Riddle was associated with him on the faculty and the school began actual instruction on January 6, 1869.[520] During the years of the financial difficulties of the University, however, the Law School passed through a distressing experience. The attendance of the students was uncertain, falling off rapidly when the Freedmen's Bureau passed out of existence; for many of the students who were employees serving the Bureau during the day attended lectures at night. These left in large numbers when the Bureau closed, depriving the Law School of a part of its estimated income. Losing thus this revenue, this department was either actually suspended or barely kept open with a single teacher and a handful of students. Mr. Langston retained his position as dean under the then trying conditions until 1874, when he resigned.

The department gradually recovered with the mending fortunes of the University under President Patton and as a result of the demand in the District of Columbia for a school of law admitting students without racial restrictions. In 1881 B. F. Leighton was appointed to the deanship of this department, a position which he has to the present time filled with marked success. He took charge of the department when it was barely existing and brought it to its present position of usefulness. For many years he had associated with him A. A. Birney one of the most distinguished members of the District of Columbia bar. From that reconstruction of the department dates the period of its real growth. In 1881 these two professors lectured to a class of seven students, five of whom were graduated at the close of the session. Since that time the courses have been broadened in keeping with the advancing standards of legal study, the student body has increased ten fold and the faculty has been strengthened in accordance with these demands.

Although the Theological Department was the first in the plan of the founders of the University, it was not put into operation until January 6, 1868, when D. B. Nichols and E. W. Robinson, both clergymen, began without pay, to give theological instruction twice a week to a number of men already accredited as preachers and others looking forward to that work. Shortly afterwards, at the request of the Board of Trustees, a course of study was drawn up and adopted. Lectures in accordance with this plan were started immediately thereafter by General Eliphalet Whittlesey.[521] It was not until 1871, however, that the Theological Department was officially announced by the University as actively in operation. In this announcement, Dr. John B. Reeve is named as dean, supported by a faculty of four lecturers and a roster of twelve students. Three years later in 1874, seven of these twelve students received their certificates of graduation.

The Theological Department has always been barred from the use of United States funds for its current expenses and has, therefore, depended upon scholarships and special contributions made by individuals and philanthropic organizations. The American Missionary Association has always been its chief support since the crisis of 1873. Because of the financial stress under which the University was working at that time, the first act of Dr. Lorenzo Wescott, the new dean appointed in 1875, was to make arrangements to have the Presbytery of Washington assume the responsibility of the school. This appeal was favorably acted upon and a committee of the Presbytery took charge of the affairs of the department in December, 1875. This step was rendered necessary because, from 1872 to 1874 the American Missionary Association, on account of financial embarrassment, was compelled, temporarily, to withdraw its support. In November, 1877, this organization was again able to resume part of the responsibility and the bodies worked in harmony until June, 1887, when the American Missionary Association was again ready to bear the entire expense.[522]

Dr. Patton resigned in May, 1889, but consented to continue in office until the end of the year or until his successor should be elected. The selection of his successor was made in November and Dr. Patton retired, hoping to rest and do literary work. He died, however, on the last day of the year 1889. On November 15, 1889, the trustees elected the Reverend Doctor Jeremiah E. Rankin[523] to the presidency, taking him from the pastorate of the First Congregational Church of Washington. His term of office extended through thirteen years, a period of slow but steady growth.

Under President Rankin other changes were made in the course of the development of the University. At the close of the session in 1899 the University altered its policy with reference to the work of training teachers. To this end the work of the Normal Department, at first provided for this purpose, was reorganized as the pedagogical department of the college under the deanship of Professor Lewis B. Moore who had come to the faculty five years prior to this time from the University of Pennsylvania, where he had pursued graduate studies and obtained the degree of Doctor of Philosophy. After several years of growth the department was designated as the Teachers College and given academic rank with the College of Arts and Sciences. When the Normal Department was discontinued the English Department was established to care for those who wished to pursue the common branches without professional aim. In 1903, it was merged with the newly established Commercial Department under Dean George W. Cook.

It was during this administration that with funds obtained as private donations the permanent residence for the president and the Andrew Rankin Memorial Chapel were erected, the former costing approximately $20,000 and the latter $22,000. The chapel is a memorial to the one whose name it bears, Andrew E. Rankin, the brother of President Rankin and the deceased husband of Mrs. H. T. Cushman of Boston, a generous donor toward its erection.

Because of failing health Doctor Rankin resigned in 1903. Reverend Teunis N. Hamlin, pastor of the Church of the Covenant, Washington, District of Columbia, and the president of the board of trustees, served as acting president for a short time pending the selection of a permanent incumbent. The Reverend Doctor John Gordon, the president of Tabor College in Iowa was selected for the presidency and was formally inaugurated in 1904. It was hoped that the incoming president would infuse new life into the institution, for the occasion demanded a successful administrator, an efficient educator and a man able to command increased financial support for the institution. As Doctor Gordon had none of these qualities, it soon became evident that he would be able to accomplish little of benefit to the University. He failed entirely to understand its mission and its ideals. Serious friction between the president on the one hand and the faculty and students on the other grew to such proportions that Dr. Gordon, after a term of office covering a little over two years, resigned.

After an examination of available material in the search for a suitable man for this position, the trustees were happy in the selection of the Reverend Doctor Wilbur P. Thirkield[524] who accepted the offer and took up the duties of president in 1906. He was inaugurated November 15, 1907, on the occasion of the fortieth anniversary of the founding of the institution. With this ceremony began an infusion of new life into Howard University. Advantage of this occasion was taken to introduce the institution concretely to a group of notables who had hitherto known of it only in a casual way. And having once brought the institution to the attention of the world, President Thirkield never allowed the world to forget it.

With keen insight he realized at the very beginning of his term of office that the great and basic need of the University was material expansion. He saw the need of a more extensive plant with modern equipment and served by a larger faculty. With characteristic energy he sought to bring the University into a still closer alliance with the Federal Government. So successfully was the case presented that during his administration of six years he succeeded in raising the annual Congressional appropriation for current expenses from less than $50,000 in 1906 to over $100,000 in 1912. The pressing need for facilities in the teaching of the sciences was met by the erection in 1910 of a science hall from special appropriations amounting to $80,000.[525] In 1909, the Carnegie Library was erected. This building was the gift of Mr. Andrew Carnegie and cost $50,000.

About this time the improvement of the dormitories was begun by the installation of adequate systems of sanitary plumbing and electric lights. By arrangement with Freedmen's Hospital the heating and lighting plant was enlarged at a cost of approximately $100,000 to such capacity that steam and current were supplied to all the University buildings. In addition to these improvements in housing and equipment, the grounds were improved and beautified in accordance with a definite scheme.[526] To provide for the constantly growing work in technical and industrial branches the Hall of Applied Sciences was built in 1913 at a cost of $25,000 thus releasing the old Spaulding Hall for other purposes. A special department of music under Miss Lulu Vere Childers was established in 1909 and given a building in 1916.

Possibly the most striking result of the educational awakening under President Thirkield was the rapid growth of the College Department. In 1876 for example, the roster of the department shows thirty-five students and four graduates. In 1907, forty years later, the corresponding figures were, seventy-five and eight, a gain of about one hundred per cent in forty years or two and a half per cent a year. In 1911 these figures had grown to two hundred and forty-three, and thirty-one respectively, a gain during the period of six years covered by this administration, of about two hundred and forty per cent in students and nearly three hundred per cent in graduates. This is approximately a gain per year of forty per cent in enrollment and forty-eight per cent in graduates. While much of this remarkable growth is due to the general awakening of the University, yet no small part of the credit belongs to the inspiration of Professor Kelly Miller who became Dean of the College of Arts and Sciences in 1907 near the beginning of the period under consideration. Through his efforts and reputation as a writer the claims of the University and the College of Arts and Sciences were brought to the attention of aspiring youth throughout the country.[527] Upon the resignation of Dr. Thirkield to become Bishop of the Methodist Church in 1912, the Reverend Doctor Stephen M. Newman was chosen as the head of the university. He has served in that position for five years.[528]

Serviceable as have been many of the educators connected with Howard University it has had and still has many problems. Its chief difficulty, however, is a financial one. Although it is impossible to figure out how the University could have succeeded without the aid of the United States Government, this connection of the institution has been in some respects a handicap. National aid seems to have permanently excluded the institution from the circle of the beneficiaries of those great philanthropic agencies which have played such a prominent part in the support of education during the last half century. With the exception of the Theological Department, which receives no part whatever of the Congressional appropriation, the income to the institution from benevolent sources has played but a minor part in its development. On the other hand, the United States Government has never appropriated sufficient funds to maintain the University as a first class institution. The present appropriation of $100,000 a year falls far short of what the school needs to function properly. It seems, therefore, that the United States Government, should adequately support the institution and make its appropriations legally permanent.[529]

Some remarks about the general policy of Howard University may be enlightening. The idea of racial representation among the administrative officers and faculty is indicated by the fact that membership in a particular race has never been considered a qualification for any position in the University. For many years the board of trustees has had persons of both races as members. No colored man has served a regular term as president, however, unless we include the short experience of Professor Langston already referred to. The treasurer has always been white but the office of secretary has been filled by members of both races. Neither the Theological nor the Medical School has had a Negro as dean although Dr. Charles B. Purvis was elected to that office in the latter in 1900 but declined it.

The faculties of all departments are mixed, the proportion of Negroes growing as available material from which to choose becomes more abundant. The policy of maintaining mixed faculties, however, is not dictated entirely by the lack of men and women of color competent to fill all positions on the faculty; for today the supply of such material is adequate. It seems that the governing body considers it in the best interest of the University to preserve the racial mixture in the offices and faculties in order that the students may receive the peculiar contribution of both races and that the institution may have its interests concretely connected with those of the dominant race.

Whether or not Howard has amply justified its existence during its first half century; whether its ideals have been the best for the race whose interests it primarily serves; whether its administrative policies have been wise—these are questions whose answers lie outside the scope of this sketch. As institutions of learning go, fifty years is a short time upon which to base conclusions. It is a period of beginnings. With schools of the character of Howard, with its peculiar duties to perform and its peculiar problems to solve in a field entirely new, these fifty years make up a period of experiment. Whatever the future relative to this educational experiment may be, Howard has given to America nearly four thousand graduates from its various departments most of whom are now doing the class of work in all fields of endeavor which demand trained minds, broad human sympathy and the spirit of service.

DWIGHT O. W. HOLMES.

FOOTNOTES:

[516] Part I of Fifty Years of Howard University appeared in the April Number of the JOURNAL OF NEGRO HISTORY.

[517] The resignation was accepted the following year after General Howard had been appointed to the command of the Department of the Columbia.

[518] It was realized at the beginning that a hospital in connection with the department was an absolute necessity. This was provided for through the relationship established between the Medical School and Freedmen's Hospital. The Campbell Hospital, as it was formerly called, was located, at the close of the war, at what is now the northeast corner of Seventh Street and Florida Avenue. Prior to that time it was directly connected with the War Department. In 1865, in connection with the various hospitals and camps for freedmen in the several States, it was placed under the Freedmen's Bureau. In 1869 it was moved to buildings expressly erected for it by the Bureau upon ground belonging to the University on Pomeroy Street, including and adjacent to the site of the Medical Building. This new home consisted of four large frame buildings of two stories each to be used as wards; and in addition the Medical Building itself, a brick structure of four and one half stories, quite commodious and well arranged with lecture halls and laboratories for medical instruction. Dr. Robert Reyburn, who was chief medical officer of the Freedmen's Bureau from 1870 to 1872 was surgeon in chief, from 1868 to 1875. He was followed in order by Drs. Gideon S. Palmer, Charles B. Purvis, Daniel H. Williams, Austin M. Curtis and Wm. H. Warfield. Dr. Warfield, the present incumbent was appointed in 1901 and is the first graduate of the Howard University Medical School to hold this position. Only the first two named, however, were white. In 1907 the hospital was moved to its new home in the reservation lying on the south side of College Street between Fourth and Sixth Streets, the property of the University.

"The new Freedmen's Hospital was then built at a cost of $600,000. It has the great advantage of being designed primarily for teaching purposes, as practically all the patients admitted are utilized freely for instruction. The hospital has about three hundred beds and contains two clinical amphitheatres, a pathological laboratory, clinical laboratory and a room for X-Ray diagnostic work and X-Ray therapy. The Medical Faculty practically constitutes the Hospital Staff."—Howard University Catalog, 1916-17, p. 163; 1917-18, p. 168.

[519] Mr. Langston was graduated at Oberlin with the degree of A.B. in 1852 and in theology in 1853. He studied law privately and was admitted to practice in Ohio in 1854. In April, 1867, he was appointed general inspector of the Freedmen's Bureau, serving for two years, during which he travelled extensively through the South. From 1877 to 1885 he was Minister to Haiti and from 1885 to 1887 President of the Virginia Normal and Collegiate Institute. He was elected to Congress from the Fourth District of Virginia and seated, September 23, 1890, after a contest. He died November 15, 1897, at his home near Howard University.

[520] For a number of years after its organization the school held its sessions in the main building of the University. Later a more convenient location was secured in the building occupied by the Second National Bank on Seventh Street. After remaining there for a considerable period, it moved to Lincoln Hall, at Ninth and D Streets, where it remained until 1887 when the building was destroyed by fire. The authorities then decided to purchase for the department a permanent home conveniently located and adequate to its accommodation. As a result the present Law Building on Fifth Street, opposite the District Court House, was purchased, and fitted up for school purposes.

[521] General Eliphalet Whittlesey was Colonel of the 46th United States Colored Regiment in 1865. He had been on the staff of General Howard during the last year of the campaign through the South and was brevetted Brigadier General at the close of the war. He was Assistant Commissioner of the Freedmen's Bureau and later Adjutant General under General Howard at Washington. He assisted in the selection of the site for the University, was the first professor in the College Department and organized the Department of Theology.

Reverend Danforth B. Nichols, whose name has appeared frequently in this sketch, was, at the close of the war, engaged in missionary work among the "contrabands" who tilled the abandoned lands just across the Potomac from Washington. When Howard University was founded he was one of the most active and enthusiastic workers for the successful launching of the venture. Beside being a founder, a trustee and a professor, he received the degree of M.D. with the first class graduated by its medical department.

[522] While the Presbytery was in charge the department received a gift or $5,000 from Mrs. Hannah B. Toland. In 1879 Reverend J. G. Craighead became dean of the department and filled the position until his resignation in 1891. During his administration the department received $5,000 from the estate of Wm. E. Dodge of New York. On October 1, 1883, the treasurer of the University was authorized to pay the American Missionary Association $15,000, "out of moneys due from the United States as compensation for University land taken for the reservoir," or such part as might be requisite to complete the endowment of the "Stone Professorship" in the Theological Department. This amount was added to a fund of $25,000 which came from the estate of Daniel P. Stone, of Boston, Massachusetts, upon the fulfillment of the term of the gift.

[523] Dr. Rankin was a writer and poet of note, his most famous production being the hymn, "God be with you till we meet again."

[524] Dr. Thirkield received his A.M. degree from Ohio Wesleyan in 1879. He studied theology at Boston University, graduating with the degree of S.T.B. in 1881. He entered the ministry in the M. E. Church in 1878. As the first president of Gammon Theological Seminary, Atlanta, Georgia, from 1883 to 1899 he secured endowment for that institution to the amount of $600,000. He was called to the presidency of Howard after several years of successful service first as General Secretary of the Epworth League and later as General Secretary of the Freedmen's Aid and Southern Educational Society.

[525] This building was dedicated as "Science Hall" but by vote of the trustees the name was changed to "Thirkield Hall" in honor of President Thirkield when the latter resigned in 1912.

[526] Much of the credit for the improvements to grounds and buildings is due to the experience and business acumen of Professor George W. Cook who became secretary and business manager in 1908. Professor Cook has enjoyed an extensive and unique connection with the University from his matriculation in the Preparatory Department in 1873 to the present. He is a graduate of three departments and holds the degrees of A.B., A.M., LL.B. and LL.M. He has been dean of the Normal, the English and the Commercial Departments successively. Since 1908 he has been secretary and business manager of the University.

[527] Professor Miller is a product of Howard and one of her most distinguished sons. He was graduated from Preparatory Department in 1882 and from College in 1886 after which he pursued advanced studies at Johns Hopkins University. He is one of the most conspicuous publicists of the race, being the author of several books and numerous pamphlets, beside making frequent contributions to periodicals, both in America and abroad. His most important books are Race Adjustment and Out of the House of Bondage. The Disgrace of Democracy, an open letter to President Wilson, published in 1917, has been pronounced one of the most important documents produced by the great war.

[528] Dr. Newman was graduated from Bowdoin College, the alma mater of General Howard, in 1867, with the A.B. degree, receiving the A.M. in 1870 and D.D. in 1877. He studied theology at Andover, finishing in 1871. He served as pastor in Taunton, Massachusetts, Ripon, Wisconsin and the First Congregational Church of Washington, District of Columbia. He was president of Eastern College, Fort Royal, Virginia, 1908-9, and Kee Mar College for Women, Hagerstown, Maryland, 1909-11. He is a member of a number of learned societies and a distinguished pulpit orator.

[529] President Taft considered the support of the University a national obligation. In his address at the commencement exercises, May 26, 1909, he said, in part:

"Everything that I can do as an executive in the way of helping along the University I expect to do. I expect to do it because I believe it is a debt of the people of the United States, it is an obligation of the Government of the United States, and it is money constitutionally applied to that which shall work out in the end the solution of one of the greatest problems that God has put upon the people of the United States."



DOCUMENTS

WHAT THE FRAMERS OF THE FEDERAL CONSTITUTION THOUGHT OF THE NEGRO

The first important discussion in the Convention of 1787 to reflect the attitude of the framers of the Federal Constitution toward the Negro, was whether or not slaves should be considered a part of the population in apportioning representation in Congress on that basis. A precedent had been set in the Articles of Confederation in the provision for counting five slaves as three whites to determine the rate of taxation on the population basis. The free States contended that only the free inhabitants should be counted, but the slave States urged the recognition of slaves as a part of the population to secure to the South the power which it wielded until the Civil War.[530]

Taking up this important question soon after the convention assembled,

The following resolution was then moved by Mr. Randolph, Resolved that the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.

It was moved by Mr. Hamilton seconded by Mr. Spaight that the resolution be altered so as to read

Resolved that the rights of suffrage in the national legislature ought to be proportioned to the number of free inhabitants

It was moved and seconded that the resolution be postponed—and on the question to postpone it passed in the affirmative

The following resolution was moved by Mr. Randolph seconded by Mr Madison Resolved that the rights of suffrage in the national legislature ought to be proportioned—it was moved and seconded to add the words "and not according to the present system"—On the question to agree to the amendment it passed in the affirmative. (Ayes—7 noes—0.)[531]

It was then moved and seconded so to alter the resolution that it should read

Resolved that the rights of suffrage in the national legislature ought not to be according

It was then moved and seconded to postpone the consideration of the last resolution—And, on the question to postpone, it passed in the affirmative The following resolution was then moved by Mr Madison seconded by Mr. G Morris.

Resolved that the equality of suffrage established by the articles of confederation ought not to prevail in the national legislature and that an equitable ratio of representation ought to be substituted.

It was moved and seconded to postpone the consideration of the last resolution.

(The following Resolution being the 2d. of those proposed by Mr. Randolph was taken up. viz—"that the rights of suffrage in the National Legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.")

Mr. M(adison) observing that the words ("or to the number of) free inhabitants." might occasion debates which would divert the Committee from the general question whether the principle of representation should be changed, moved that they might be struck out.

Mr King observed that the quotas of contribution which would alone remain as the measure of representation, would not answer; because waving every other view of the matter, the revenue might hereafter be so collected by the general Govt. that the sums respectively drawn from the States would (not) appear; and would besides be continually varying.

Mr. Madison admitted the propriety of the observation, and that some better rule ought to be found.

Col. Hamilton moved to alter the resolution so as to read "that the rights of suffrage in the national Legislature ought to be proportioned to the number of free inhabitants. Mr. Spaight 2ded. the motion.

It was then moved that the Resolution be postponed, which was agreed to.

Mr. Randolph and Mr. Madison then moved the following resolution—"that the rights of suffrage in the national Legislature ought to be proportioned."

It was moved and 2ded to amend it by adding "and not according to the present system"—which was agreed to.

It was then moved and 2ded. to alter the resolution so as to read "that the rights of suffrage in the national Legislature ought not to be according to the present system."

It was then moved & 2ded. to postpone the Resolution moved by Mr. Randolph & Mr. Madison, which being agreed to;

Mr. Madison, moved, in order to get over the difficulties, the following resolution—"that the equality of suffrage established by the articles of Confederation ought not to prevail in the national Legislature, and that an equitable ratio of representation ought to be submitted" This was 2ded. by Mr. Govr. Morris, (and being generally relished, would have been agreed to when,)

Mr. Reed moved that the whole clause relating to the point of Representation be postponed; reminding the Come. that the deputies from Delaware were restrained by their commission from assenting to any change of the rule of suffrage, and in case a change should be fixed on, it might become their duty to retire from the Convention.

Mr. Govr. Morris observed that the valuable assistance of those members could not be lost without real concern, and that so early a proof of discord in the convention as a secession of a State, would add much to the regret; that the change proposed was however so fundamental an article in a national Govt. that it could not be dispensed with.

Mr. M(adison) observed that whatever reason might have existed for the equality of suffrage when the Union was a federal one among sovereign States, it must cease when a national Governt. should be put into the place. In the former case, the acts of Congs. depended so much for their efficacy on the cooperation of the States, that these had a weight both within & without Congress, nearly in proportion to their extent and importance. In the latter case, as the acts of the Genl. Govt. would take effect without the intervention of the State legislatures, a vote from a small State wd. have the same efficacy & importance as (a vote) from a large one, and there was the same reason for (different numbers) of representatives from different States, as from Counties of different extents within particular States. He suggested as an expedient for at once taking the sense of the members on this point and saving the Delaware deputies from embarrassment, that the question should be taken in Committee, and the clause on report to the House (be postponed without a question there). This however did not appear to satisfy Mr. Read.

By several it was observed that no just construction of the Act of Delaware, could require or justify a secession of her deputies, even if the resolution were to be carried thro' the House as well as the Committee. It was finally agreed however that the clause should be postponed: it being understood that in the event the proposed change of representation would certainly be agreed to, no objection or difficulty being started from any other quarter (than from Delaware).

The motion of Mr. Read to postpone being agreed to

The Committee then rose. The chairman reported progress, and the House having resolved to resume the subject in Committee tomorrow,[532]

(Adjourned to 10 OClock)

* * * * *

The next question was on the following resolve:

In substance that the mode of the present representation was unjust—the suffrage ought to be in proportion to number or property.

To this Delaware objected, in consequence of the restrictions in their credentials, and moved to have the consideration thereof postponed, to which the house agreed.[533]

McHenry records for the thirtieth of May that the Committee then proceeded to consider the second resolution in Mr. Randolph's paper.

That the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution or to the number of free inhabitants as the one or the other rule may seem best in different cases.

As this gave the large States the most absolute controul over the lesser ones it met with opposition which produced an adjournment without any determination.[534]

After frequent discussion and the failure to reach an agreement to safeguard the interests of the small States while giving due weight to the population of the large the effort to apportion representation in the national legislature assumed this form in the Committee of the Whole:

It was moved by Mr. King, seconded by Mr Rutledge to agree to the following resolution, namely:

Resolved that the right of suffrage in the first branch of the national Legislature ought not to be according to the rule established in the articles of confederation; but according to some equitable ratio of representation

And on the question to agree to the same

it passed in the affirmative (Ayes—7; noes—3; divided—1.)

It was then moved by Mr. Rutledge seconded by Mr Butler to add the following words to the last resolution

"namely, according to the quotas of contribution"

It was moved by Mr Wilson seconded by Mr C. Pinckney to postpone the consideration of the last motion in order to introduce the following words, after the words "equitable ratio of representation" namely.

"in proportion to the whole number of white and other 'free Citizens' and inhabitants of every age, sex and condition, 'including those bound to servitude for a term of years', and three fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes 'in each State.'"

On the question to postpone

it passed in the affirmative. (Ayes—10; noes—1.)

On the question to agree to Mr Wilson's motion

It passed in the affirmative (Ayes—9; noes—2.)

It was then moved by Mr Wilson seconded by Mr Hamilton to adopt the following resolution, namely,

"resolved that the right of suffrage in the second branch "of the national Legislature ought to be according to the rule "established for the first"

On the question to agree to the same it passed in the affirmative (Ayes—6; noes—5.)[535]

In the Committee of the Whole on the eleventh of June:

It was then moved by Mr. Rutlidge 2ded. 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 seconded by Mr. C. Pinckney, this was postponed; in order to add, after, after the words "equitable ratio of representation" the words following "in proportion to the whole number of white & other free Citizens & inhabitants of every age sex & condition including those bound to servitude for a term of years and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each State." this being the rule in the Act of Congress agreed to by eleven States, for apportioning quotas of revenue on the States, and requiring a census only every 5—7, or 10 years.

Mr. Gerry thought property not the rule of representation. Why then shd, the blacks, who were property in the South be in the rule of representation more than the cattle & horses of the North.

On the question.

Mass: Con: N. Y. Pen: Maryd. Virga. N. C. S. C. and Geo: were in the affirmative: N. J. & Del: in the negative. (Ayes—9; noes—2.) Mr. Sherman moved that a question be taken whether each State shall have (one) vote in the 2d. branch. Every thing he said depended on this. The smaller States would never agree to the plan on any other principle (than an equality of suffrage in this branch. Mr. Ellsworth seconded the motion.) On the question for allowing each State (one) vote in the 2d. branch.

Massts, no. Cont, ay. N. Y. ay. N. J. ay. Pa. no. Del. ay Md. ay. Va. no. N. C. no. S. C. no. Geo. no. (Ayes—5; noes—6.)

(Mr. Wilson & Mr. Hamilton moved that the right of suffrage in the 2d. branch ought to be according to the same rule as in the 1st. branch.)

On this question for making the ratio of representation the same in the 2d. as in the 1st. branch (it passed in the affirmative:) Massts. ay. Cont. no. N. Y. no. N. J. no. Pa. ay. Del. no. Md. no. Va. ay. N. C. ay. S. C. ay. Geo. ay. (Ayes—6; noes—5.)[536]

On the same day

Mr. Wilson was of opinion, and therefore moved, that the mode of representation of each of the states ought to be from the number of its free inhabitants, and of every other description three fifths to one free inhabitant. He supposed that the impost will not be the only revenue—the post office he supposes would be another substantial source of revenue. He observed further, that this mode had already received the approbation of eleven states in their acquiescence to the quota made by congress. He admitted that this resolve would require further restrictions, for where numbers determined the representation a census at different periods of 5, 7 or 10 years, ought to be taken.

Mr. Gerry. The idea of property ought not to be the rule of representation. Blacks are property, and are used to the southward as horses and cattle to the northward; and why should their representation be increased to the southward on account of the number of slaves, than horses or oxen to the north?

Mr. Madison was of opinion at present, to fix the standard of representation, and let the detail be the business of a sub-committee.

Mr. Rutledge's motion was postponed.[537]

Discussing whether the apportionment should be according to taxation or numbers, Wilson considered

Either Rule good—by Numbers best to ascertain the Right of Representn. this agreeably to the Sentiments of 11 States—Impost alone will not be sufficient to answer the national Exigencies—Revenues arising from Postage—The present Quota not a lasting Rule—People to be numbered at fixed Periods—A Rule arising from Property and Numbers—

Gerry. Rule of Taxation not the Rule of Representation—4 might then have more Voices than ten—Slaves not to be put upon the Footing of freemen—Freemen of Massts. not to be put upon a Footing with the Slaves of other States—Horses and Cattle ought to have the Right of Representn. Negroes—Whites—[538]

On the thirteenth of June Randolph submitted another resolution agreed to in the Committee of the Whole.

Resolved that the right of suffrage in the first branch of the national Legislature ought not to be according to the rule established in the articles of confederation; but according to some equitable ratio of representation—namely in proportion to the whole number of whites and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years and three fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes in each State.[539]

The following propositions from New Jersey moved by Patterson closely connected the apportionment of requisitions with that of representation:

3. Resd. that whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the articles of Confederation, the United States in Congs. be authorized to make such requisitions in proportion to the whole number of white & other free citizens & inhabitants of every age sex and condition including those bound to servitude for a term of years & three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes; that if such requisitions be not compiled with, in the time specified therein, to direct the collection thereof in the non complying States & for that purpose to devise and pass acts directing & authorizing the same; provided that none of the powers hereby vested in the U. States in Congs. shall be exercised without the consent of at least[540]

Again on the fifteenth of June it was suggested that

3. The rule of apportioning Requis: on the States shall be the Whites 3/5 of all others—if the Req. is in arrear in any State, Congress shall have authority to devise & pass acts remedial in such case.

On the fifth of July the committee considering the question of representation reported on the 40,000 basis which repeatedly came before the Convention. It provided:

That in the first branch of the legislature, each of the states now in the union, be allowed one member for every 40,000 inhabitants, of the description reported in the seventh resolution of the committee of the whole house—That each state, not containing that number, shall be allowed one member.[541]

Reporting on this question the fifth of July, the Committee of the Whole decided to submit:

That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted.

1st That in the first branch of the Legislature each of the States now in the Union be allowed one Member for every forty thousand inhabitants of the description reported in the seventh resolution of the Committee of the whole House. That each State not containing that number shall be allowed one Member—That all Bills for raising or appropriating money and for fixing the salaries of the Officers of the Government of the United States, shall originate in the first Branch of the Legislature, and shall not be altered or amended by the second Branch and that no money shall be drawn from the public Treasury but in pursuance of appropriations to be originated by the first Branch. 2ndly That in the second Branch of the Legislature each State shall have an equal Veto.

Discussing this question on the sixth of July:

Mr. Pinkney saw no good reason for committing. The value of land had been found on full investigation to be an impracticable rule. The contributions of revenue including imports & exports, must be too changeable in their amount; too difficult to be adjusted; and too injurious to the non-commercial States. The number of inhabitants appeared to him the only just & practicable rule. He thought the blacks ought to stand on an equality with whites: But wd.—agree to the ratio settled by Congs. He contended that Congs. had no right under the articles of Confederation to authorize the admission of new States; no such cases having been provided for.[542]

On the ninth of July, according to Madison, Mr. Gorham said:

Some provision of this sort was necessary in the outset. The number of blacks & whites with some regard to supposed wealth was the general guide. Fractions could not be observed. The Legislre. is to make alterations from time to time as justice & propriety may require. Two objections prevailed agst. the rate of 1 member for every 40,000 inhts. The 1st. was that the Representation would soon be too numerous: the 2d. that the Western States who may have a different interest, might if admitted on that principal by degrees, out-vote the Atlantic. Both these objections are removed. The number will be small in the first instance and maybe continued so, and the Atlantic States having ye Govt. in their own hands, may take care of their own interest by dealing out the right of Representation in safe proportions to the Western States. These were the views of the Committee.[543]

On the tenth of July the following interesting comment was made.

Mr. Dayton observed that the line between the Northn. & Southern interest had been improperly drawn: that Pa. was the dividing State, there being six on each side of her.

Genl. Pinkney urged the reduction, dwelt on the superior wealth of the Southern States, and insisted on its having its due weight in the Government.

Mr. Govr. Morris regretted the turn of the debate. The States he found had many Representatives on the floor. Few he fears were to be deemed the Representatives of America. He thought the Southern States have by the report more than their share of representation. Property ought to have its weight; but not all the weight. If the (Southn. States are to) supply money. The Northn. States are to spill their blood. Besides, the probable Revenue to be expected from the S. States has been greatly overrated. He was agst. reducing N. Hampshire.[544]

In connection with determining the basis of representation the following was offered on the eleventh of July:

"Resolved That in order to ascertain the alterations that may happen in the population and wealth of the several States a census shall be taken of the free inhabitants of each State, and three fifths of the inhabitants of other description on the first year after this form of Government shall have been adopted—and afterwards on every term of _ years; and the Legislature shall alter or augment the representation accordingly"

It was moved and seconded to strike out the words

"three fifths of"

which passed in the negative. (Ayes—3; noes—7.)

It was moved and seconded to postpone the consideration of the resolution proposed in order to take up the following namely.

Resolved That at the end of years from the meeting of the Legislature of the United-States and at the expiration of every years thereafter the Legislature of the United States be required to apportion the representation of the several States according to the principles of their wealth and population.

On the question to postpone, it passed in the negative (Ayes—5; noes—5;)

It was moved and seconded to agree to the first clause of the resolution namely.

"That in order to ascertain the alterations that may happen in the population and wealth of the several States a "Census shall be taken of each State"

which passed in the affirmative (Ayes—6; noes—4.)

(To adjourn. Ayes—1; noes—9.)

It was moved and seconded to agree to the following clause of the resolution, namely

"and three fifths of the inhabitants of other description"

which passed in the negative. (Ayes—4; noes—6.)

It was moved and seconded to agree to the following clause of the resolution, namely

"On the first year after this form of government shall "have been adopted"

which passed in the affirmative (Ayes—7; noes—3.)

It was moved and seconded to fill up the blank with the word "fifteen" which passed unanimously in the affirmative (Ayes—10; noes—0.)

It was moved and seconded to add after the words fifteen years the words "at least"

which passed in the negative (Ayes—5; noes—5.)

It was moved and seconded to agree to the following clause of the resolution namely

"and the Legislature shall alter or augment the representation accordingly"

which passed unanimously in the affirmative (Ayes—10; noes—0.) On the question to agree to the resolution as amended it passed unanimously in the negative. (Ayes—0; noes—10.) and then the House adjourned till tomorrow at 11 o'clock A.M.[545]

Taking up the question, Mr. Williamson urged again on the eleventh of July the counting of five Negroes as three white persons.

Mr. Williamson was for making it the duty of the Legislature to do what was right & not leaving it at liberty to do or not do it. He moved that Mr. Randolph's proposition be postponed, in order to consider the following "that in order to ascertain the alterations that may happen in the population & wealth of the several States, a census shall be taken of the free white inhabitants and 3/5ths of those of other descriptions on the 1st year (after this Government shall have been adopted) and every year thereafter; and that the Representation be regulated accordingly.[546]

* * * * *

Mr. Butler & Genl. Pinkney insisted that blacks be included in the rule of Representation, equally with the whites: (and for that purpose moved that the words "three fifths" be struck out.)[547]

Mr. Gerry though that 3/5 of them was to say the least the full proportion that could be admitted.

Mr. Ghorum. This ratio was fixed by Congs. as a rule of taxation. Then it was urged by the Delegates representing the States having slaves that the blacks were still more inferior to freemen. At present when the ratio of representation is to be established, we are assured that they are equal to freemen. The arguments on ye. former occasion had convinced him that 3/5 was pretty near the just proportion and he should vote according to the same opinion now.

Mr. Butler insisted that the labour of a slave in S. Carola. was as productive & valuable as that of a freeman in Massts., that as wealth was the great means of defence and utility to the Nation they are equally valuable to it with freemen; and that consequently an equal representation ought to be allowed for them in a Government which was instituted principally for the protection of property, and was itself to be supported by property.

Mr. Mason could not agree to the motion, notwithstanding it was favorable to Virga. because he thought it unjust. It was certain that the slaves were valuable, as they raised the value of land, increased the exports & imports, and of course the revenue, would supply the means of feeding and supporting an army, and might in cases of emergency become themselves soldiers. As in these important respects they were useful to the community at large, they ought not to be excluded from the estimate of Representation. He could not, however, regard them as equal to freemen and could not vote for them as such. He added as worthy of remark, that the Southern States have this peculiar species of property over & above the other species of property common to all the States.

Mr. Williamson reminded Mr. Ghorum that if the Southn. States contended for the inferiority of blacks to whites when taxation was in view, the Eastern States on the same occasion contended for their equality. He did (not) however either then or now, concur in either extreme, but approved of the ratio of 3/5.

On Mr. Butlers motion for considering blacks as equal to Whites in the apportionment for Representation

Massts. no. Cont. no. (N. Y. not on floor.) N. J. no. Pa. no. Del. ay. Md. No. (Va. no) N. C. no. S. C. ay. Geo. ay. (Ayes—3; noes—7.)

Mr. Govr. Morris said he had several objections to the proposition of Mr. Williamson. 1. It fettered the Legislature too much. 2. It would exclude some States altogether who would not have a sufficient number to entitle them to a single Representative. 3. It will not consist with the Resolution passed on Saturday last authorizing the Legislature to adjust the Representation from time to time on the principles of population & wealth or with the principles of equity. If slaves were to be considered as inhabitants, not as wealth, then the sd Resolution would not be pursued: If as wealth, then why is no other wealth but slaves included? These objections may perhaps be removed by amendments. His great objection was that the number of inhabitants was not a proper standard of wealth. The amazing difference between the comparative numbers & wealth of different Countries, renderd all reasoning superfluous on the subject. Numbers might with greater propriety be deemed a measure of strength, than of wealth, yet the late defence made by G. Britain agst. her numerous enemies proved in the clearest manner, that it is entirely fallacious even in this respect.

Mr. King thought there was great force in the objections of Mr. Govr. Morris: he would however accede to the proposition for the sake of doing something.

Mr. Rutlidge contended for the admission of wealth in the estimate by which Representation should be regulated. The Western States will not be able to contribute in proportion to their numbers, they shd. not therefore be represented in that proportion. The Atlantic States will not concur in such a plan. He moved that "at the end of years after the 1st meeting of the Legislature, and of every years thereafter, the Legislature shall proportion the Representation according to the principles of wealth & population"

Mr. Sherman thought the number of people alone the best rule for measuring wealth as well as representation; and that if the Legislature were to be governed by wealth, they would be obliged to estimate it by numbers. He was at first for leaving the matter wholly to the discretion of the Legislature; but he had been convinced by the observations of (Mr. Randolph & Mr. Mason) that the periods & the rule of revising the Representation ought to be fixt by the Constitution

Mr. Reid thought the Legislature ought not to be too much shackled. It would make the Constitution like Religious Creeds, embarrassing to those bound to conform to them & more likely to produce dissatisfaction and Scism, than harmony and union.

Mr. Mason objected to Mr. Rutlidge motion, as requiring of the Legislature something too indefinite & impracticable, and leaving them a pretext for doing nothing.

Mr. Wilson had himself no objection to leaving the Legislature entirely at liberty. But considered wealth as an impracticable rule.

Mr. Ghorum. If the Convention who are comparatively so little biased by local views are so much perplexed, How can it be expected that the Legislature hereafter under the full biass of those views, will be able to settle a standard. He was convinced by the argument of others & his own reflections, that the Convention ought to fix some standard or other.

Mr. Govr. Morris. The argts. of others & his own reflections had led him to a very different conclusion. If we can't agree on a rule that will be just at this time, how can we expect to find one that will be just in all times to come. Surely those who come after us will judge better of things present, than we can of things future. He could not persuade himself that numbers would be a just rule at any time. * * * * * * * Another objection with him agst admitting the blacks into the census, was that the people of Pena. would revolt at the idea of being put on a footing with slaves. They would reject any plan that was to have such an effect. Two objections had been raised agst. leaving the adjustment of the Representation from time to time, to the discretion of the Legislature.[548]

The question of counting three-fifths of the Negroes as whites, however, would not down. According to Madison:

Mr. King, being much opposed to fixing numbers as the rule of representation, was particularly so on account of the blacks. He thought the admission of them along with Whites at all, would excite great discontents among the States having no slaves. He had never said as to any particular point that he would in no event acquiesce in & support it; but he wd. say that if in any case such a declaration was to be made by him, it would be in this. He remarked that in the (temporary) allotment of Representatives made by the Committee, the Southern States had received more than the number of their white & three fifths of their black inhabitants entitled them to.

Mr. Sherman. S. Carola. had not more beyond her proportion than N. York & N. Hampshire, nor either of them more than was necessary in order to avoid fractions or reducing them below their proportion. Georgia had more; but the rapid growth of that State seemed to justify it. In general the allotment might not be just, but considering all circumstances, he was satisfied with it.

Mr. Ghorum supported the propriety of establishing numbers as the rule. He said that in Massts. estimates had been taken in the different towns, and that persons had been curious enough to compare these estimates with the respective numbers of people; and it had been found even including Boston, that the most exact proportion prevailed between numbers and property. He was aware that there might be some weight in what had fallen from his colleague, as to the umbrage which might be taken by the people of the Eastern States. But he recollected that when the proposition of Congs for changing the 8th art. of Confedn. was before the Legislature of Massts. the only difficulty then was to satisfy them that the negroes ought not to have been counted equally with whites instead of being counted in the ratio of three fifths only.

Mr. Wilson did not well see on what principle the admission of blacks in the proportion of three fifths could be explained. Are they admitted as Citizens? Then why are they not admitted on an equality with White Citizens? Are they admitted as property, then why is not other property admitted into the computation? These were difficulties however which he thought must be overruled by the necessity of compromise. He had some apprehensions also from the tendency of the blending of the blacks with the whites, to give disgust to the people of Pena. as had been intimated by his colleagues (Mr. Govr. Morris). But he differed from him in thinking numbers of inhabts. so incorrect a measure of wealth. He had seen the Western settlemts. of Pa. and on a comparison of them with the City of Philada. could discover little other difference, than that property was more unequally divided among individuals here than there. Taking the same number in the aggregate in the two situations he believed there could be little difference in their wealth and ability to contribute to the public wants.

Mr. Govr. Morris was compelled to declare himself reduced to the dilemma of doing injustice to the Southern States or to human nature, and he must therefore do it to the former. For he could never agree to give such encouragement to the slave trade as would be given by allowing them a representation for their negroes, and he did not believe those States would ever confederate on terms that would deprive them of that trade.

On question for agreeing to include 3/5 of the blacks Masts, no Cont. ay N. J. no. Pa. no Del. no. Mard. no Va. ay. N. C. ay. S. C. no. Geo. ay (Ayes—6; noes—4.)[549]

On the twelfth of July the following clause was proposed:

"Provided always that direct Taxation ought to be proportioned according to representation"

which passed unanimously in the affirmative.

It was moved and seconded to postpone the consideration of the first clause in the report from the first grand Committee

which passed in the affirmative.

It was moved and seconded to add the following amendment to the last clause adopted by the House namely "and that the rule of contribution by direct taxation for the support of the government of the United States shall be the number of white inhabitants, and three fifths of every other description in the several States, until some other rule that shall more accurately ascertain the wealth of the several States can be devised and adopted by the Legislature[550]

* * * * *

On the motion of Mr. Randolph, the vote of Saturday last (July 7) authorizing the Legislre. to adjust from time to time, the representation upon the principles of Wealth and numbers of inhabitants was (reconsidered by common consent in order to strike our "Wealth" and adjust the resolution to that requiring periodical revisions according to the number of whites & three fifths of the blacks: the motion was in the words following—"But as the present situation of the States may probably alter in the number of their inhabitants, that the Legislature of the U. S. be authorized from time to time to apportion the number of representatives: and in case any of the States shall hereafter be divided or any two or more States united or new States created within the limits of the U. S. shall hereafter be divided or any two or more States united or new States created within the limits of the U. S. the Legislature of U. S. shall possess authority to regulate the number of Representatives in any of the foregoing cases, upon the principle of their number of inhabitants; according to the provisions hereafter mentioned.")

Mr. Govr. Morris opposed the alteration as leaving still an incoherence. If Negroes were to be viewed as inhabitants, and the revision was to proceed on the principle of numbers of inhbts. they ought to be added in their entire number, and not in the proportion of 3/5. If as property, the word wealth was right, and striking it out would produce the very inconsistency which it was meant to get rid of.—The train of business & the late turn which it had taken, had led him he said, into deep meditation on it, and He wd. candidly state the result. A distinction had been set up & urged between the Nn. & Southn. States. He had hitherto considered this doctrine as heretical. He still thought the distinction groundless. He sees however that it is persisted in; and that the Southn. Gentleman will not be satisfied unless they see the way open to their gaining a majority in the public Councils. The consequence of such a transfer of power from the maritime to the interior & landed interests will he forsees be such an oppression of commerce, that he shall be obliged to vote for ye. vicious principle of equality in the 2d. branch in order to provide for some defence for the N. States agst. it. But to come now more to the point, either this distinction is fictitious or real: if fictitious let it be dismissed & let us proceed with due confidence. If it be real, instead of attempting to blend incompatible things, let us at once take a friendly leave of each other. There can be no end of demands for security if every particular interest is to be entitled to it. The Eastern States may claim it for their fishery, and for other objects, as the Southn. States claim it for their peculiar objects. In this struggle between the two ends of the Union, what part ought the Middle States in point of policy to take; to join their Eastern brethren according to his ideas. If the Southn. States get the power into their hands, and be joined as they will be the interior Country they will inevitably bring on a war with Spain for the Mississippi. This language is already held. The interior Country having no property nor interest exposed on the sea, will be little affected by such a war. He wished to know what security the Northn. & middle States will have agst. this danger. It has been said that N. C. S. C. and Georgia only will in a little time have a majority of the people of America. They must in that case include the great interior Country, and every thing was to be apprehended from their getting the power into their hands.[551]

The Committee of Detail finally brought forward for the apportionment of direct taxes and representation in the House a plan for taking the Negroes into account.

(Direct Taxation shall always be in Proportion to Representation in the House of Representatives.)

The proportions of direct Taxation shall be regulated by the whole Number of white and other free Citizens and Inhabitants, of every Age, Sex and Condition, including those bound to Servitude for a Term of Years, and three fifths of all other Persons not comprehended in the foregoing Description; which Number shall, within the Term of every ten Years afterwards, be taken in such manner as the said Legislature shall direct.[552]

This, as is shown below, is substantially what Rutledge as Chairman of the committee to report a constitution reported.

Sect. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.[553]

The same appears also in the report of the Committee on Style.

Sect. 3. The proportions of direct taxation shall be regulated by the whole number of free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within three years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct.

(b) Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to servitude for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every forty thousand, but each state shall have at least one representative: and until such enumeration shall be made, the state of New-Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantation one, Connecticut five, New-York six, New-Jersey, four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North-Carolina five, South-Carolina five and Georgia three.[554]

What these framers said in explaining their intentions thereafter when discussing the constitution in ratifying conventions, legislatures and Congress, is further illuminating. Before the Maryland convention called to ratify the constitution Luther Martin said:

S: 2. Slaves ought never to be considered in Representation, because they are property. They afford a rule as such in Taxation; but are Citizens intrusted in the General Government, no more than Cattle, Horses, Mules or Asses: and a Gentleman in Debate very pertinently observed that he would as soon enter into Compacts, with the Asses Mules, or Horses of the Ancient Dominion as with their Slaves—When there is power to raise a revenue by direct Taxation, each State ought to pay an equal Ratio; Whereas by taxing Commerce some States pay greatly more than others,[555]

Before the South Carolina House of Representatives C. C. Pinckney said:

We are at a loss, for some time, for a rule to ascertain the proportionate wealth of the states. At last we thought that the productive labor of the inhabitants was the best rule for ascertaining their wealth. In conformity to this rule, joined to a spirit of concession, we determined that representatives should be apportioned among the several states, by adding to the whole number of free persons three fifths of the slaves. We thus obtained a representation for our property; and I confess I did not expect that we had conceded too much to the Eastern States, when they allowed us a representation for a species of property which they have not among them.[556]

In the New York Convention considering the ratification of the constitution, Hamilton said:

The first thing objected to is that clause which allows a representation for three fifths of the negroes.... The regulation complained of was one result of the spirit of accommodation which governed the Convention; and without this indulgence no union could possibly have been formed.[557]

On July 24, 1788, in the North Carolina convention, Davie said:

... The gentleman "does not wish to be represented with negroes." This, sir, is an unhappy species of population; but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation; that the one was property as well as the other. It became our duty, on the other hand, to acquire as much weight as possible in the legislation of the Union; and, as the Northern States were more populous in whites, this only could be done by insisting that a certain proportion of our slaves should make a part of the computed population. It was attempted to form a rule of representation from a compound ratio of wealth and population; but, on consideration, it was found impracticable to determine the comparative value of lands and other property, in so extensive a territory, with any degree of accuracy; and population alone was adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation would be unequal and burdensome—that, in a time of war, slaves rendered a country more vulnerable, while its defence devolved upon its free inhabitants. On the other hand, we insisted that, in time of peace, they contributed by their labor, to the general wealth, as well as other members of the community—that, as rational beings, they had a right of representation, and, in some instances, might be highly useful in war. On these principles the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory. It is the same rule or principle which was proposed some years ago by Congress, and assented to by twelve of the States....[558]

In the House of Representatives in 1820 C. C. Pinckney of South Carolina said:

Among the reasons which have induced me to rise, one is to express my surprise. Surprise, did I say? I ought rather to have said, my extreme astonishment, at the assertion I heard made on both floors of Congress, that, in forming the Constitution of the United States, and particularly that part of it which respects the representation on this floor, the Northern and Eastern States, or, as they are now called, the non-slaveholding States, have made a great concession to the Southern in granting them a representation of three-fifths of their slaves; that they saw the concession was a very great and important one at the time, but that they had no idea it would so soon have proved itself of such consequence; that it would so soon have proved itself to be by far the most important concession that had been made. They say, that it was wrung from them by their affection to the Union, and their wish to preserve it from dissolution or disunion; that they had, for a long time, lamented they had made it; and that, if it was to do over, no earthly consideration should again tempt them to agree to so unequal and so ruinous a compromise....

It was, sir, for the purpose of correcting this great and unpardonable error; unpardonable, because it is a wilful one, and the error of it is well known to the ablest of those who make it; of denying the assertion, and proving that the contrary is the fact, and that the concession, on that occasion, was from the Southern and the Northern States, that, among others, I have risen.

It is of the greatest consequence that the proof I am about to give should be laid before this nation; for, as the inequality of representation is the great ground on which the Northern and Eastern States have always, and now more particularly and forcibly than ever, raised all their complaints on this subject, if I can show and prove that they have not even a shadow of right to make pretences or complaints; that they are as fully represented as they ought to be; while, we, the Southern members, are unjustly deprived of any representation for a large and important part of our population, more valuable to the Union, as can be shown, than any equal number of inhabitants in the Northern and Eastern States, can, from their situation, climate, and productions, possibly be. If I can prove this, I think I shall be able to show most clearly the true motives which have given rise to this measure; to strip the thin, the cobweb veil from it, as well as the pretended ones of religion, humanity, and love of liberty; and to show, to use the soft terms the decorum of debate oblige me to use, the extreme want of modesty in those who are already as fully represented here as they can be, to go the great lengths they do in endeavoring, by every effort in their power, public and private, to take from the Southern and Western States, which are already so greatly and unjustly deprived of an important part of the representation, a still greater share; to endeavor to establish the first precedent, which extreme rashness and temerity have ever presumed, that Congress has a right to touch the question and legislate on slavery; thereby shaking the property in them, in the Southern and Western States, to its very foundation, and making an attack which, if successful, must convince them that the Northern and Eastern States are their greatest enemies; that they are preparing measures for them which even Great Britain in the heat of the Revolutionary War, and when all her passions were roused by hatred and revenge to the highest pitch never ventured to inflict upon them. Instead of a course like this, they ought, in my judgment, sir, to be highly pleased with their present situation; that they are fully represented, while we have lost so great a share of our representation; they ought sir, to be highly pleased at the dexterity and management of their members in the Convention, who obtained for them this great advantage; and, above all, with the moderation and forbearance with which the Southern and Western States have always borne their many bitter provocations on this subject, and now bear the open, avowed, and, by many of the ablest men among them, undisguised attack on our most valuable rights and properties....

* * * * *

Before I proceed to the other parts of this question, I have thus endeavored to give a new view of the subject of representation in this House; to show how much more the Eastern and Northern States are represented than the Southern and Western....

The supporters of the amendment contend that Congress have the right to insist on the prevention of involuntary servitude in Missouri; and found the right on the ninth section of the first article, which says "the migration or importation of such persons as the States now existing may think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importation not exceeding ten dollars."

In considering this article, I will detail, as far as at this distant period is possible, what was the intention of the Convention that formed the Constitution in this article. The intention was, to give Congress a power, after the year 1808, to prevent the importation of slaves either by land or water from other countries. The word import, includes both, and applies wholly to slaves. Without this limitation Congress might have stopped it sooner under their general power to regulate commerce; and it was an agreed point, a solemnly understood compact, that, on the Southern States consenting to shut their ports against the importation of Africans, no power was to be delegated to Congress, nor were they ever to be authorized to touch the question of slavery; that the property of the Southern States in slaves was to be as sacredly preserved, and protected to them, as that of land, or any other kind of property in the Eastern States were to be to their citizens.

The term, or word, migration, applies wholly to free whites; in its Constitutional sense, as intended by the Convention, it means "voluntary change of servitude," from one country to another. The reasons of its being adopted and used in the Constitution, as far as I can recollect, were these; that the Constitution being a frame of government, consisting wholly of delegated powers, all power, not expressly delegated, being reserved to the people or the States, it was supposed, that, without some express grant to them of power on the subject, Congress would not be authorized ever to touch the question of migration hither, or emigration to this country, however pressing or urgent the necessity for such a measure might be; that they could derive no such power from the usages of nations, or even the laws of war; that the latter would only enable them to make prisoners of alien enemies, which would not be sufficient, as spies or other dangerous emigrants, who were not alien enemies, might enter the country for treasonable purposes, and do great injury; that, as all governments possessed this power, it was necessary to give it to our own, which could alone exercise it, and where, on other and much greater points, we had placed unlimited confidence; it was, therefore, agreed that, in the same article, the word migration should be placed; and that, from the year 1808, Congress should possess the complete power to stop either or both, as they might suppose the public interest required; the article, therefore, is a negative pregnant, restraining for twenty years, and giving the power after.

The reasons for restraining the power to prevent migration hither for twenty years, were, to the best of my recollections, these; That, as at this time, we had immense and almost immeasurable territory, peopled by not more than two millions and a half of inhabitants, it was of very great consequence to encourage the emigration of able, skilful, and industrious Europeans. The wise conduct of William Penn, and the unexampled growth of Pennsylvania, were cited. It was said, that the portals of the only temple of true freedom now existing on earth should be thrown open to all mankind; that all foreigners of industrious habits should be welcome, and none more so than men of science, and such as may bring to us arts we are unacquainted with, or the means of perfecting those in which we are not yet sufficiently skilled—capitalists whose wealth may add to our commerce or domestic improvements; let the door be ever and most affectionately open to illustrious exiles and sufferers in the cause of liberty; in short, open it liberally to science, to merit, and talents, wherever found, and receive and make them your own. That the safest mode would be to pursue the course for twenty years, and not, before that period, put it at all into the power of Congress to shut it; that, by that time, the Union would be so settled, and our population would be so much increased, we could proceed on our own stock, without the farther accession of foreigners; that as Congress were to be prohibited from stopping the importation of slaves to settle the Southern States, as no obstacles was to be thrown in the way of their increase and settlement for that period, let it be so with the Northern and Eastern, to which, particularly New York and Philadelphia it was expected most of the emigrants would go from Europe: and it so happened, for, previous to the year 1808, more than double as many Europeans emigrated to these States, as of Africans were imported into the Southern States.

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Connecting the question of importing slaves with that of counting them to determine the representation in the national legislature, the framers engaged in a heated debate as to whether or not the Southern States would always have a majority in that body by encouraging the slave trade. Carolina and Georgia, however, stood firm for the right to import slaves.

On July 23 General Pinckney reminded the Convention that if the Committee should fail to insert some security to the Southern States agst. an emancipation of slaves, and taxes on exports, he shd. be bound by duty to his State to vote agst. their Report—The appt. of a Come. as moved by Mr. Gerry, Agd. to nem. con.[559]

The Committee of Detail, therefore, reported:

2 no prohibitions or (such) (ye) Importations of such inhabitants (or people as the sevl. States think proper to admit)

No Tax or Duty shall be laid by the Legislature, on Articles exported from any State; nor on the emigration or importation of such Persons as the several States shall think proper to admit; nor shall such emigration or importation be prohibited.

No Capitation Tax shall be laid, unless in Proportion to the Census herein before directed to be taken.

The draft of the constitution reported on August 6 carried:[32]

Sect. 4. No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited.

On the eighth of August, King remarked:[560]

Mr. King wished to know what influence the vote just passed was meant have on the succeeding part of the Report, concerning the admission of slaves into the rule of Representation. He could not reconcile his mind to the article if it was to prevent objections to the latter part. The admission of slaves was a most grating circumstance to his mind, & he believed would be so to a great part of the people of America. He had not made a strenuous opposition to it heretofore because he had hoped that this concession would have produced a readiness which had not been manifested, to strengthen the Genl. Govt. and to mark a full confidence in it. The Report under consideration had by the tenor of it, put an end to all these hopes. In two great points the hands of the Legislature were absolutely tied. The importation of slaves could not be prohibited—exports could not be taxed. Is this reasonable? What are the great objects of the Genl. System? 1. defence agst. foreign invasion. 2 agst. internal sedition. Shall all the States then be bound to defend each; & shall each be at liberty to introduce a weakness which will render defence more difficult? Shall one part of the U. S. be bound to defend another part, and that other part be at liberty not only to increase its own danger, but to withhold the compensation for the burden? If slaves are to be imported shall not the exports produced by their labor, supply a revenue the better to enable the Genl. Govt. to defend their masters?—There was so much inequality & unreasonableness in all this, that the people of the N(orthern) States could never be reconciled (to it). No candid man could undertake to justify it to them. He had hoped that some accommodation wd. have taken place on this subject; that at least a time wd. have been limited for the importation of slaves. He never could agree to let them be imported without limitation & then be represented in the Natl. Legislature. Indeed he could so little persuade himself of the rectitude of such a practice, that he was not sure he could assent to it under any circumstances. At all events, either slaves should not be represented, or exports should be taxable.

Mr. Sherman regarded the slave-trade as iniquitous; but the point of representation having been settled after much difficuty & deliberation, he did not think himself bound to make opposition; especially as the present articles as amended did not preclude any arrangement whatever on that point in another place of the Report.

Mr. Govr. Morris moved to insert "free" before the word "inhabitants." Much he said would depend on this point. He never would concur in upholding domestic slavery. It was a nefarious institution—It was the curse of heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich & noble cultivation marks the prosperity & happiness of the people, with the misery & poverty which overspread the barren wastes of Va. Maryd & the other States having slaves. (Travel thro' ye whold Continent & you behold the prospect continually varying with the appearance and disappearance of slavery. The moment you leave ye E Sts. & enter N. York, the effects of the institution become visible; Passing thro' the Jerseys and entering Pa—every criterion of superior improvement witnesses the change. Proceed Southwdly, & every step you take thro' ye great regions of slaves, presents a desert increasing with ye increasing proportion of these wretched beings.)

Upon what principle is it that the slaves shall be computed in the representation? Are they men? Then make them Citizens & let them vote? Are they property? Why then is no other property included? The Houses in this City (Philada.) are worth more than all the wretched slaves which cover the rice swamps of South Carolina. The admission of slaves into the Representation when fairly explained comes to this: that inhabitant of Georgia and S. C. who goes to the Coast of Africa and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections & dam(n)s them to the most cruel bondages, shall have more votes in a Govt. instituted for protection of the rights of mankind, than the Citizens of Pa or N. Jersey who views with a laudable horror, so nefarious a practice. He would add that Domestic slavery is the most prominent feature in the aristocratic countenance of the proposed Constitution. The vassalage of the poor has ever been the favorite offspring of Aristocracy. And What is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity. They are to bind themselves to march their militia for the defence of the S. States; for their defence agst those very slaves of whom they complain. They must supply vessels & seamen, in case of foreign Attack. The Legislature will have indefinite power to tax them by excises, and duties on imports; both of which will fall heavier on them than on the Southern inhabitants; for the bohea tea used by a Northern freeman, will pay more tax than the whole consumption of the miserable slave, which consists of nothing more than his physical subsistence and the rag that covers his nakedness. On the other side the Southern States are not to be restrained from importing fresh supplies of wretched Africans, at once to increase the danger of attack, and the difficulty of defence; nay they are to be encouraged to it by an assurance of having their votes in the Natl Govt increased in proportion, and are at the same time to have their exports & their slaves exempt from all contributions for the public service. Let it not be said that direct taxation is to be proportioned to representation. It is idle to suppose that the Genl Govt. can stretch its hand directly into the pockets of the people scattered over so vast a Country. They can only do it through the medium of exports imports & excises. For what then are all these sacrifices to be made? He would sooner submit himself to a tax for paying for all the Negroes in the U. States, than saddle posterity with such a Constitution.

Mr. Dayton 2ded. the motion. He did it he said that his sentiments on the subject might appear whatever might be the fate of the amendment.

Mr. Sherman, did not regard the admission of the Negroes into the ratio of representation, as liable to such insuperable objections. It was the freemen of the Southn. States who were in fact to be represented according to the taxes paid by them, and the Negroes are only included in the Estimate of the taxes. This was his idea of the matter.

Mr. Pinkney, considered the fisheries & the Western frontier as more burdensome to the U. S. than the slaves—He thought this could be demonstrated if the occasion were a proper one.

Mr Wilson, thought the motion premature—An agreement to the clause would be no bar to the object of it.

Question On Motion to insert "free" before "inhabitants."

N. H.—no. Mas. no. Ct. no. N. J. ay. Pa. no. Del. no. Md. no. Va. no. S. C. no. N. C. no. Geo. no. (Ayes—1; noes—10.)[561]

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Luther Martin (some days thereafter), proposed to vary the sect: 4. art VII so as to allow a prohibition or tax on the importation of slaves,

1. As five slaves are to be counted as 3 free men in the apportionment of Representatives; such a clause wd. leave an encouragement to this traffic.

2. slaves weakened one part of the Union which the other parts were bound to protect: the privilege of importing them was therefore unreasonable—

3. it was inconsistent with the principles of the revolution and dishonorable to the American character to have such a feature in the Constitution.

Mr Rutlidge did not see how the importation of slaves could be encouraged by this section. He was not apprehensive of insurrections and would readily exempt the other States from the (obligation to protect the Southern against them.).—Religions & humanity had nothing to do with this question—Interest alone is the governing principle with Nations—The true question at present is whether the Southn. States shall or shall not be parties to the Union. If the Northern States consult their interest, they will not oppose the increase of Slaves which will increase the commodities of which they will become the carriers.

Mr. Ellsworth was for leaving the clause as it stands, let every State import what it pleases. The morality or wisdom of slavery are considerations belonging to the States themselves—What enriches a part enriches the whole, and the States are the best judges of their particular interest. The old confederation had not meddled with this point, and he did not see any greater necessity for bringing it within the policy of the new one:

Mr Pinkney. South Carolina can never receive the plan if it prohibits the slave trade. In every proposed extension of the powers of Congress, that State has expressly & watchfully excepted that of meddling with the importation of negroes. If the States be all left at liberty on this subject, S. Carolina may perhaps by degrees do of herself what is wished, as Virginia & Maryland have already done.[562]

Adjourned

Art. VII sect 4. resumed. Mr. Sherman was for leaving the clause as it stands. He disapproved of the slave trade: yet as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, & as it was expedient to have as few objections as possible to the proposed scheme of Government, he thought it best to leave the matter as we find it.[34] He observed that the abolition of slavery seemed to be going on in the U. S. & that the good sense of the several States would probably by degrees complete it. He urged on the Convention the necessity of despatch(ing its business.)

Col. Mason. This infernal trafic originated in the avarice of British Merchants. The British Govt. constantly checked the attempts of Virginia to put a stop to it. The present question concerns not the importing States alone but the whole Union. The evil of having slaves was experienced during the late war. Had slaves been treated as they might have been by the Enemy, they would have proved dangerous instruments in their hands. But their folly dealt by the slaves, as it did by the Tories. He mentioned the dangerous insurrections of the slaves in Greece and Sicily; and the instructions given by Cromwell to the Commissioners sent to Virginia to arm the servants & slaves, in case other means of obtaining its submission should fail. Maryland & Virginia he said had already prohibited the importation of slaves expressly. N. Carolina had done the same in substance. All this would be in vain if S. Carolina & Georgia be at liberty to import. The Western people are already calling out for slaves for their new lands; and will fill that Country with slaves if they can be got thro' S. Carolina & Georgia. Slavery discourages arts & manufactures. The poor despise labor when performed by slaves. They prevent the immigration of Whites, who really enrich & strengthen a Country. They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes & effects providence punishes national calamities. He lamented that some of our Eastern brethren had from a lust of gain embarked in this nefarious traffic. As to the States being in possession of the Right to import, this was the case with many other rights, now to be properly given up. He held it essential in every point of view, that the Genl. Govt. should have power to prevent the increase of slavery.

Mr. Ellsworth. As he had never owned a slave could not judge of the effects of slavery on character. He said however that if it was to be considered in a moral light we ought to go farther and free those already in the Country.—As slaves also multiply so fast in Virginia & Maryland that it is cheaper to raise than import them, whilst in the sickly rice swamps foreign supplies are necessary, if we go no farther than is urged, we shall be unjust towards S. Carolina & Georgia—Let us not intermeddle. As population increases; poor laborers will be so plenty as to render slaves useless. Slavery in time will not be a speck in our Country. Provision is already taken place in Connecticut for abolishing it. And the abolition has already taken place in Massachusetts. As to the danger of insurrection from foreign influence, that will become a motive to kind treatment of the slaves.

Mr. Pinkney—If slavery be wrong, it is justified by the example of the world. He cited the case of Greece, Rome & other ancient States; the sanction given by France, England, Holland & other modern States. In all ages one half of mankind have been slaves. If the S. States were let alone they will probably of themselves stop importations. He wd. himself as a Citizen of S. Carolina vote for it. An attempt to take away the right as proposed will produce serious objections to the Constitution which he wished to see adopted.

General Pinkney declared it to be his firm opinion that if himself & all his colleagues were to sign the Constitution & use their personal influence, it would be of no avail towards obtaining the assent of their Constituents. S. Carolina & Georgia cannot do without slaves. As to Virginia she will gain by stopping the importations. Her slaves will rise in value, & she has more than she wants. It would be unequal to require S. C. & Georgia to confederate on such unequal terms. He said the Royal assent before the Revolution had never been refused to S. Carolina as to Virginia. He contended that the importation of slaves would be for the interest of the whole Union. The more slaves, the more produce to employ the carrying trade; the more consumption also, and the more of this, the more of revenue for the common treasury. He admitted it to be reasonable that slaves should be dutied like other imports, but should consider a rejection of the clause as an exclusion of S. Carola from the Union.