And here I must explain, in order that the nature of the contest may be understood, that the Senators from the South maintained themselves ever in a compact body, voting together, true to each other, disciplined as a party, understanding the necessity of yielding in small things in order that their general line of policy might be maintained. But there was no such system, no such observance of political tactics among the Senators of the North.
Indeed, they appear to have had no general line of politics, having been divided among themselves on various matters. Many had strong Southern tendencies, and many more were willing to obtain official power by the help of Southern votes. There was no bond of union among them, as slavery was among the Senators from the South. And thus, from these causes, the power of the Senate and the power of the government fell into the hands of the Southern party.
I am aware that in going into these matters here I am departing somewhat from the subject of which this chapter is intended to treat; but I do not know that I could explain in any shorter way the manner in which those rules of the Constitution have worked by which the composition of the Senate is fixed. That State basis, as opposed to a basis of population in the Upper House of Congress, has been the one great political weapon, both of offense and defense, in the hands of the Democratic party. And yet I am not prepared to deny that great wisdom was shown in the framing of the constitution of the Senate. It was the object of none of the politicians then at work to create a code of rules for the entire governance of a single nation such as is England or France. Nor, had any American politician of the time so desired, would he have had reasonable hope of success. A federal union of separate sovereign States was the necessity, as it was also the desire, of all those who were concerned in the American policy of the day; and I think it way be understood and maintained that no such federal union would have been just, or could have been accepted by the smaller States, which did not in some direct way recognize their equality with the larger States. It is moreover to be observed, that in this, as in all matters, the claims of the minority were treated with indulgence.
No ordinance of the Constitution is made in a niggardly spirit. It would seem as though they who met together to do the work had been actuated by no desire for selfish preponderance or individual influence. No ambition to bind close by words which shall be exacting as well as exact is apparent. A very broad power of interpretation is left to those who were to be the future interpreters of the written document.
It is declared that "representation and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers," thereby meaning that representation and taxation in the several States shall be adjusted according to the population. This clause ordains that throughout all the States a certain amount of population shall return a member to the Lower House of Congress--say one member to 100,000 persons, as is I believe about the present proportion--and that direct taxation shall be levied according to the number of representatives. If New York return thirty-three members and Kansas one, on New York shall be levied, for the purposes of the United States revenue, thirty-three times as much direct taxation as on Kansas. This matter of direct taxation was not then, nor has it been since, matter of much moment. No direct taxation has hitherto been levied in the United States for national purposes. But the time has now come when this proviso will be a terrible stumbling-block in the way.
But before we go into that matter of taxation, I must explain how the South was again favored with reference to its representation.
As a matter of course no slaves, or even negroes--no men of color--were to vote in the Southern States. Therefore, one would say, that in counting up the people with reference to the number of the representatives, the colored population should be ignored altogether. But it was claimed on behalf of the South that their property in slaves should be represented, and in compliance with this claim, although no slave can vote or in any way demand the services of a representative, the colored people are reckoned among the population. When the numbers of the free persons are counted, to this number is added "three-fifths of all other persons." Five slaves are thus supposed to represent three white persons. From the wording, one would be led to suppose that there was some other category into which a man might be put besides that of free or slave! But it may be observed, that on this subject of slavery the framers of the Constitution were tender-mouthed. They never speak of slavery or of a slave. It is necessary that the subject should be mentioned, and therefore we hear first of persons other than free, and then of persons bound to labor!
Such were the rules laid down for the formation of Congress, and the letter of those rules has, I think, been strictly observed. I have not thought it necessary to give all the clauses, but I believe Ihave stated those which are essential to a general understanding of the basis upon which Congress is founded.
