Sec. 1: "Be it enacted, &c. That the marshals of the several districts of the United States shall be, and they are hereby, authorized and required to cause the number of the inhabitants within their respective districts to be taken, omitting, in such enumeration, Indians not taxed, and distinguishing free persons, including those bound to service for a term of years, from all others; distinguishing also the sexes and colors of free persons, and the free males of sixteen years and upwards from those under that age: for effecting which purpose, the marshals shall have power to appoint as many assistants within their respective districts as to them shall appear necessary, assigning to each assistant a certain division of his district," &c.
These assistants were obliged to transmit to the marshals, returns in manner following:—
"The number of persons within my division, consisting of ——, appears in a schedule hereunto annexed, subscribed by me, this —— day of —— 179 .
A. B. Assistant to the Marshal of ——"
| Free white | |||||
| males of sixteen | Free white | Free white | |||
| Names of | years and | males under | females, | ||
| heads | upwards, | sixteen years. | including | All other free | Slaves. |
| of families. | including | heads of | persons. | ||
| heads of | families. | ||||
| families. | |||||
That is, the enumeration directed to be made, and upon the basis of which the constitutional apportionment of representatives and direct taxes was to be made, distinguished only between free persons and slaves. Congress and the President, under the sanction of their oaths, united in the expression of their deliberate judgment, that the people of the United States, by the expression (Art. 1, sec. 2) "three-fifths of all other persons," intended "three-fifths of the slaves," because, in passing this Act, they declare that all other persons not free within the meaning of this section are slaves.
The second Congress, at its first session, passed "An Act for apportioning representatives among the several States, according to the first enumeration" (Stat. 1792, c. 23). The language of the statute is as follows:—
Sec. 1: "Be it enacted, &c. That from and after the third day of March, one thousand seven hundred and ninety-three, the House of Representatives shall be composed of members elected agreeably to a ratio of one member for every thirty-three thousand persons in each State, computed according to the rule prescribed by the Constitution, that is to say, within the State of New Hampshire, four," &c. &c.
That is, the second Congress, upon an enumeration distinguishing only freemen from slaves, undertake to apportion representatives among the States according to the rule laid down in the Constitution, viz. by adding to the whole number of free persons "three-fifths of the slaves."
This interpretation, by the first and second Congress, has never been varied from. In every census which has since been taken, the only distinction sanctioned has been between freemen and slaves; and, on every occasion of apportioning representatives, according the representative or federal number, such number has been invariably determined by adding to the whole number of free persons, three-fifths of the slaves. If this, the pro-slavery, interpretation of this section of the Constitution is not right, then, since March 3, 1793, there has not been a single House of Representatives constitutionally elected, or a single statute or resolve constitutionally passed! Who is ready to make this admission?