Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/117

 CH. IX.] to choose a representative, as thirty thousand free persons in anon-slave-holding state.

§ 636. On the other hand, it was contended, that slaves are deemed persons, as well as property. They partake of the qualities of both. In being compelled to labour, not for himself, but for his master; in being vendible by one master to another; and, in being subject, at all times, to be restrained in his liberty, and chastised in his body, by the will of another, the slave may appear to be degraded from the human rank, and classed with the irrational animals, which fall under the denomination of property. But, in being protected in his life and limbs against the violence of others, even of the master of his labour and liberty; and in being punishable himself for all violence committed against others; the slave is no less evidently regarded by law, as a member of the society, and not as a part of the irrational creation; as a moral person, and not as a mere article of property. The federal constitution should, therefore, view them in the mixed character of persons and property, which was in fact their true character. It is true, that slaves are not included in the estimate of representatives in any of the states possessing them. They neither vote themselves, nor increase the vote of their masters. But it is also true, that the constitution itself does not proceed upon any ratio of merely qualified voters, either as to representatives, or as to electors of them. If, therefore, those, who are not voters, are to be excluded from the enumeration or census, a similar inequality will exist in the apportionment among the states. For the representatives are to be chosen by those, who are qualified