own judgment; on which account we should always choose men of integrity, honor and abilities to represent us. But when we did instruct them, as they are our representatives and agents, we should insist on their acting and voting conformable to our directions. But as they would each of them be a member of the community, they should have a right to deliver to the houses of representatives of which they were members, their own private sentiments-- so that if their private sentiments contained cogent reasons for acting contrary to the instructions given them--the other members of said houses who would not be bound by said instructions, would be guided by them; in which case, that would take place which would be most for the public good, which ought to be the wish of all of us.

AMICUS


Antifederalist No. 54
APPORTIONMENT AND SLAVERY: NORTHERN AND SOUTHERN VIEWS

Northern and Southern Antifederalists were equally unhappy with the compromises of the Constitution involving representation and direct taxation-- but, of course, for different reasons. This essay is made up of four representative Antifederalist selections from both sections of the country.

The first is from the third essay by "BRUTUS," reprinted in Peirce and Hale, Debates, pp. 385-91.

The second is from the speeches of Rawlins Lowndes before the South Carolina ratifying convention, January 16, 17, and 18, 1788, reprinted in Elliot, IV, 271-73, 288, 308-09.

The third is from the sixth essay by "CATO," reprinted in Ford, Essays, pp. 270-71.

The fourth is from an essay by "A GEORGIAN," which appeared in The Gazette of the State of Georgia, November 15, 1787.

"Representatives and direct taxes shall be apportioned among the several States, which may be included in this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons." What a strange and unnecessary accumulation of words are here used to conceal from the public eye what might have been expressed in the following concise manner: Representatives are to be proportioned among the States respectively, according to the number of freemen and slaves inhabiting them, counting five slaves for three freemen.

"In a free State," says the celebrated Montesquieu, "every man, who is supposed to be a free agent, ought to be concerned in his own government, therefore the legislature should reside in the whole body of the people, or their representatives." But it has never been alleged that those who are not free agents can, upon any rational principle, have anything to do in govern

-154-

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