Critique the following constitutional provision protecting the property of slave owners. What would be an advantage of this policy?

Question

“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 Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”

-Taxes are divided on an equal basis regardless of race, ensuring taxation is fair.
-States retain the power to decide what taxes will be paid to the federal government, thus increasing state autonomy.
-Identifying enslaved people as property ensures that Southern slave states remain part of the Union.
-The national government assesses taxation on an equal basis, regardless of state population size.

Answer 1

One advantage of this policy is that it provides a compromise between the Northern and Southern states at the time of its drafting. By counting enslaved people as "three fifths of all other Persons," this provision ensured that Southern slave states would have a larger population count for purposes of representation in the House of Representatives and the apportionment of direct taxes. This compromise allowed the Southern states to maintain a significant level of influence and representation in the federal government, despite having a smaller number of free inhabitants compared to the Northern states.

This advantage was particularly beneficial for the Southern slave states because it protected their economic and political interests. By counting enslaved people as property, this provision effectively preserved the institution of slavery and reinforced the power of slave owners within the Southern states. It assured them that their property rights would not be undermined and that their economic and social structure would not be threatened. Moreover, it ensured that the Southern slave states would not secede from the newly formed Union, as their interests were recognized and protected.

Overall, while this provision may be controversial and morally objectionable from a modern perspective, it helped maintain unity among the states and played a significant role in ensuring the ratification of the United States Constitution.