tes which may be included within this Union, according to their
respective numbers,[2] [which shall he determined by adding to the whole
number of free persons[3] including those bound to service [4] for a
number of years, and] excluding Indians not taxed, [three-fifths of all
other persons.[5]] The actual enumeration[6] shall he made within three
years after the first meeting of the congress of the United States,[7] and
within every subsequent term of ten years, in such manner as they shall by
law direct. The number of representatives shall not exceed one for every
thirty thousand,[8] but each state shall have at least one
representative,[9] [and until such enumeration shall he made, the State of
New Hampshire, shall be entitled to choose three, Massachusetts eight,
Rhode Island and Providence Plantations one, Connecticut five, New York
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five, and Georgia
three.]_
[1] These are like the usual local taxes; that is, "poll" taxes and taxes
on real and personal property. A tax on incomes derived from such property
was, in May, 1895, declared by the United States Supreme Court to be a
direct tax. United States direct taxes have been laid only in 1798, 1813,
1815, 1816, 1862.
[2] The revolutionary war had just been fought to maintain the principle,
"taxation and representation go hand in hand," and this provision was made
in harmony therewith. The including of direct taxes was a concession to
the slaveholding states.
[3] Men, women and children. [4] Apprentices.
[5] Slaves. The framers of the constitution did not like to use the word
"slave," and therefore used this expression. Most of them, even the
slaveholders, hoped that slavery would soon cease to be.
In determining the persons to be enumerated, much difficulty was
encountered. The slaveholding states wished the slaves counted as
individuals, claiming that they had as much right to be represented as had
women, children and other non-voters. The non-slaveholding [Footnote: In
all the states except Massachusetts slavery then existed. But in the
northern states the number of slaves was so small, that we may call them
"non-slaveholding."] states thought that being held as property they
should not be counted at all for purposes of representation. This
provision in the constitution was the outcome,--another compromise.
[6] Called the _Census_. The
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