Three-Fifths of a Question

[Paul Finkelman]

David welcome to the American Anti-Slavery Society; you are about to 
become a Garrisonian, understanding that indeed, the Constitution of 
1787 was a Covenant with Death, and an Agreement in Hell.   If you want 
some more evidence for this position, take a look at my article

The Founders and Slavery: Little Ventured, Little Gained, 13 Yale J. L.& 
Humanities 413-449 (2001).



DavidEBernstein at aol.com wrote:

> Relatedly, I notice that Congress in 1783 approved a revenue plan 
> under the Articles that assessed taxes according to population with a 
> 3/5 rule for slaves.  So, can it be accurately said that the 
> Constitution was more favorable to slavery than the Articles?  Under 
> the Articles, the South got extra taxes, but no extra representation, 
> for slaves, whereas under the Constitution, they got extra 
> representation, but only a remote threat of extra taxes.  Plus they 
> got the fugitive slave clause, minus the twenty year sunset on 
> importing slaves (which may have actually served the interest of 
> current slaveowners, by raising the value of the slaves they owned as 
> supply was restricted)
>  
> And another, related Articles question: was the provision in Article 
> IV, stating that a state may not enforce against  a non-resident a law 
> prohibiting him from removing property he imported into that state 
> meant to guarantee slaveowners the right to bring slaves in and out of 
> free states, to prevent a Dred Scott-like situation?
>  
> David E. Bernstein
> Visiting Professor
> University of Michigan School of Law
> Professor
> George Mason University School of Law
> http://mason.gmu.edu/~dbernste
>
>------------------------------------------------------------------------
>
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74105

918-631-3706 (voice)		
918-631-2194 (fax)

Paul-Finkelman at utulsa.edu


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