More could not be said in the few words. But it is when Hamilton comes to consider the National Constitution and to expound its provisions, that, while recognizing the anomalous condition of Slavery, and exposing what he calls “the compromising expedient of the Constitution” by which “the slave is divested of two fifths of the man,” he yet declares “the equal level of free inhabitants,” and announces, “that, if the laws 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.” Here is this important text,—which has additional authority when it is considered that it was attributed also to Madison, and indeed claimed by him, who thus acknowledged the sentiments as his own:—
“It is only under the pretext that the laws have transformed the negroes into subjects of property, that a place is denied to them in the computation of numbers; AND IT IS ADMITTED, THAT, IF THE LAWS 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.”[146]
Thus, according to Hamilton, if the slaves are restored to the rights which have been taken away,—in other words, if they become freemen,—they will be on the same equal level, and entitled to the same equal share of representation with the other inhabitants. The two ideas of Equality and a Right to Representation, so early and constantly avowed by the Fathers, are here again recognized as essential conditions of government; and this is the true definition of a Republic.
With these great representative names to illustrate the American idea I might close the catalogue. Surely this is sufficient. But there are others, whose authority cannot be disregarded.
Here is the testimony of that inflexible spirit, who had thought and acted much, Samuel Adams, in a letter to his kinsman, John Adams:—
“That the sovereignty resides in the people is a political doctrine which I have never heard an American politician seriously deny.… We, the people, is the style of the Federal Constitution. They adopted it; and, conformably to it, they delegate the exercise of the powers of government to particular persons, who, after short intervals, resign their powers to the people, and they will reëlect them, or appoint others, as they think fit.”[147]
Here also is the testimony of another Republican, who signed the Declaration of Independence, Roger Sherman, in a letter to John Adams:—
“What especially denominates it a Republic is its dependence on the public or people at large, without any hereditary powers. But it is not of so much importance by what appellation the government is distinguished as to have it well constituted to secure the rights and advance the happiness of the community.”[148]
There also was John Adams himself, who was the least distinct of all the Fathers on this question; but we find in the Preface to his Defence of the American Constitutions a passage full of prophetic meaning:—