"criterion; because it is only under the pretext that the "laws have transformed the negroes into subjects of "property, that a place is disputed them in the compu"tation of numbers; and it is admitted, that if the laws 66 were to restore the rights which have been taken away, "the negroes could no longer be refused an equal share "of Representation with the other inhabitants.

"This question may be placed in another light. It "is agreed on all sides, that numbers are the best scale "of wealth and taxation, as they are the only proper "scale of Representation. Would the Convention have "been impartial or consistent, if they had rejected "the slaves from the list of inhabitants, when the shares "of Representation were to be calculated, and inserted "them on the lists when the tariff of contributions was "to be adjusted? Could it be reasonably expected, "that the Southern States would concur in a system, "which considered their slaves in some degree as men, "when burdens were to be imposed, but refused to con"sider them in the same light, when advantages were "to be conferred? Might not some surprise also be "expressed, that those who reproach the Southern States "with the barbarous policy of considering as property "a part of their human brethren, should themselves " contend, that the Government to which all the States "are to be parties, ought to consider this unfortunate race more completely in the unnatural light of property, "than the very laws of which they complain?

"It may be replied, perhaps, that slaves are not includ"ed in the estimate of Representatives in any of the "States possessing them. They neither vote themselves,

nor increase the votes of their masters. Upon what 66 principle, then, ought they to be taken into the Fœd"eral estimate of representation? In rejecting them "altogether, the Constitution would, in this respect, "have followed the very laws which have been appealed "to, as the proper guide.

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"This objection is repelled by a single observation. "It is a fundamental principle of the proposed Consti"tution, that as the aggregate number of Representatives "allotted to the several States is to be determined by "a Fœderal rule, founded on the aggregate number of "inhabitants, so the right of choosing this allotted "number in each State, is to be exercised by such part "of the inhabitants, as the State itself may designate. "The qualifications on which the right of suffrage "depend, are not perhaps the same in any two States. "In some of the States, the difference is very material. "In every State, a certain proportion of inhabitants are "deprived of this right by the Constitution of the State, "who will be included in the census by which the Fœd"eral Constitution apportions the Representatives. In "this point of view, the Southern States might retort "the complaint, by insisting that the principle laid down "by the Convention required that no regard should be "had to the policy of particular States towards their own inhabitants; and consequently, that the slaves, "as inhabitants, should have been admitted into the 66 census according to their full number, in like manner "with other inhabitants, who, by the policy of other "States, are not admitted to all the rights of citizens. "A rigorous adherence, however, to this principle, is "waived by those who would be gainers by it. All "that they ask is, that equal moderation be shown on "the other side. Let the case of the slaves be consid

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"ered, as it is in truth, a peculiar one. Let the com"promising expedient of the Constitution be mutually "adopted, which regards them as inhabitants, but as "debased by servitude below the equal level of free "inhabitants; which regards the slave as divested of "two fifths of the man.

"After all, may not another ground be taken on which "this Article of the Constitution will admit of a still

"more ready defence? We have hitherto proceeded "on the idea, that representation related to persons "only, and not at all to property. But is it a just idea? "Government is instituted no less for protection of "the property, than of the persons, of individuals. "The one as well as the other, therefore, may be con"sidered as represented by those who are charged with "the Government. Upon this principle it is, that in "several of the States, and particularly in the State " of New York, one branch of the Government is in"tended more especially to be the guardian of property, "and is accordingly elected by that part of the society "which is most interested in this object of Government. "In the Fœderal Constitution, this policy does not pre"vail. The rights of property are committed into the "same hands, with the personal rights. Some attention "ought, therefore, to be paid to property, in the choice "of those hands.

"For another reason, the votes allowed in the Fœd"eral Legislature to the People of each State, ought "to bear some proportion to the comparative wealth "of the States. States have not, like individuals, an "influence over each other, arising from superior advan"tages of fortune. If the law allows an opulent citizen "but a single vote in the choice of his Representative, "the respect and consequence which he derives from "his fortunate situation very frequently guide the votes "of others to the objects of his choice; and through this "imperceptible channel, the rights of property are conveyed into the public representation. A State pos66 sesses no such influence over other States. It is not "probable, that the richest State in the Confederacy "will ever influence the choice of a single Representa"tive, in any other State. Nor will the Representatives "of the larger and richer States possess any other "advantage in the Fœderal Legislature, over the Repre

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"sentatives of other States, than what may result from "their superior number alone. As far, therefore, as their "superior wealth and weight may justly entitle them "to any advantage, it ought to be secured to them by 66 a superior share of representation. The new Consti"tution is, in this respect, materially different from the "existing Confederation, as well as from that of the "United Netherlands, and other similar Confederacies. "In each of the latter, the efficacy of the Fœderal res"olutions depends on the subsequent and voluntary "resolutions of the States composing the Union. Hence "the States, though possessing an equal vote in the "public councils, have an unequal influence, correspond"ing with the unequal importance of these subsequent "and voluntary resolutions. Under the proposed Consti"tution, the Federal Acts will take effect without the 66 necessary intervention of the individual States. They "will depend merely on the majority of votes in the "Fœderal Legislature; and consequently each vote, "whether proceeding from a larger or smaller State, or a State more or less wealthy or powerful, will have "an equal weight and efficacy; in the same manner as the votes individually given in a State Legislature, "by the Representatives of unequal counties or other dis❝tricts, have each a precise equality of value and effect; "or if there be any difference in the case, it proceeds "from the difference in the personal character of the "individual Representative, rather than from any regard "to the extent of the district from which he comes."

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Such is the reasoning which an advocate for the Southern interests might employ on this subject; and although it may appear to be a little strained in some points, yet on the whole, I must confess, that it fully reconciles me to the scale of representation which the Convention have established.

In one respect, the establishment of a common meas

ure for representation and taxation will have a very salutary effect. As the accuracy of the census to be obtained by the Congress will necessarily depend, in a considerable degree, on the disposition, if not on the coöperation of the States, it is of great importance that the States should feel as little bias as possible, to swell or to reduce the amount of their numbers. Were their share of representation alone to be governed by this rule, they would have an interest in exaggerating their inhabitants. Were the rule to decide their share of taxation alone, a contrary temptation would prevail. By extending the rule to both objects, the States will have opposite interests, which will control and balance each other, and produce the requisite impartiality.

PUBLIUS.

[From the New York Packet, Friday, February 15, 1788.]

THE FEDERALIST.

No. LIV.

TO THE PEOPLE OF THE STATE OF NEW YORK:

HE number of which the House of Representatives is to consist, forms another, and a very interesting point of view, under which this branch of the Fœderal Legislature may be contemplated. Scarce any Article indeed in the whole Constitution seems to be rendered more worthy of attention, by the weight of character, and the apparent force of argument, with which it has been assailed. The charges exhibited against it are, first, that so small a number of Representatives will be an unsafe depositary of the public interests; secondly, that they will not possess a proper knowledge of the local circumstances of their numerous constituents; thirdly, that they will be taken from that class of citi