“This is the true idea of a State. It is an organized government, representing the collected will of the people, as far as they see fit to invest that government with power.”[156]
Thus, at every stage, from the opening, when Otis announced the master principle, “Taxation without representation is Tyranny,” all along to Daniel Webster, we find “Representation” an essential element in the American definition of republican government.
4. From authoritative opinions I pass to public acts, which testify to the true idea of republican government. These are of two classes: first, by the United States, in their collective character; and, secondly, by the States individually.
Looking at the States in their collective character, we find that at the adoption of the National Constitution they refused to recognize any exclusion from the elective franchise on account of race or color. The Fathers knew too well the requirements of a republican government to sanction such exclusion. Recognizing Slavery as a transitory condition, soon to cease, they threw over it a careful oblivion; but they were none the less jealous of the rights of all freemen. The slave did not pay taxes, and, so far as he was a person and not property, he was part of the family of his master, by whom he was represented, so that in his case the commanding principle of the Revolution was not disturbed. But, becoming a freeman, the slave stepped at once within the pale of taxation, and therefore necessarily of representation, since the two are inseparable. And this consideration was the guide to our fathers.
The Continental Congress refused point-blank to insert the word “white” in the Articles of Confederation. The question came up, June 25, 1778, on these words: “The free inhabitants of each of these States (paupers, vagabonds, and fugitives from justice excepted) shall be entitled to all privileges and immunities of FREE CITIZENS in the several States.” The delegates from South Carolina moved, in behalf of their State, to limit this guaranty to “free WHITE inhabitants.” On the question of inserting the word “white,” eleven States voted,—two in favor of the insertion, one was divided, and eight were against it. South Carolina, not disheartened, made another attempt, by moving to add, after the words “the several States,” the further clause, “according to the law of such States respectively for the government of their own FREE WHITE inhabitants,”—thus seeking again to limit the operation of the guaranty. This proposition was voted down by the same decisive majority of eight to three. And thus did our fathers testify to the right of representation without distinction of color. On other occasions, for successive years, they constantly gave the same testimony.
A resolution of Congress in April, 1783, seconded by the report of a Grand Committee, of which Mr. Jefferson was Chairman, in April, 1784, recommended an Amendment of the Articles of Confederation, whereby the war expenses should be apportioned among the several States according to “the whole number of white and other free citizens and inhabitants,”—thus positively embracing colored persons. In the Act for the Temporary Government of the Territory “ceded or to be ceded” to the United States, April 23, 1784, and drawn by Jefferson, the voters are declared to be the “free males of full age,” without distinction of color. In the famous Ordinance for the Government of the Northwestern Territory, drawn by Nathan Dane, of Massachusetts, adopted by the Confederation July 13, 1787, and then reënacted by our Congress after the adoption of the Constitution, the voters are declared to be “free male inhabitants of full age,”—again without distinction of color. Then came successive Acts of Congress for the government of Territories, where the rule in the Ordinance for the Northwestern Territory was followed, and there was no distinction of color. If this rule changed, it was only when the partakers in the Revolution and the authors of the Constitution ceased to exercise influence over public affairs. The testimony of the Fathers was constant, and it is only of this that I speak.