Three-Fifths Clause Debate, Constitutional Convention

• The debate over the Three-Fifths Clause occurred during the Constitutional Convention.

Madison's Notes: June 30, 1787

• An equality of votes in the 2nd branch (Senate) protected small states and was safe for large states due to their majority in the 1st branch (House).
• A majority of states could still harm the majority of people by obstructing interests, extorting measures, and imposing adverse measures.
• Every peculiar interest of citizens or states should be secured if attack is possible,
• States were divided by circumstances like climate and slavery, not size.
• A defensive power should be mutually given to the Northern and Southern interests
• Votes in both branches should be proportioned to inhabitants, counting slaves in a 5 to 3 ratio.
• Representation in one branch based on free inhabitants and in the other based on total inhabitants (counting slaves as free) could offer balance.
• Proposed expedient was restrained due to unwillingness to create diversity of interests and potential destruction of equilibrium in the branches.

Madison's Notes: July 11, 1787

• Mr. Butler and Genl. Pinkney wanted blacks included in representation equally with whites and proposed striking out "three fifths".
• Mr Gerry thought giving 3/4 proportion of representation to the slave population was very generous.
• Mr. Ghorum stated that the ratio was fixed by Congress as a rule for taxation, now the argument changed to the blacks now being equal to freemen.
• Mr. Butler insisted that the labor of a slave in South Carolina was valuable like a freeman in Massachusetts and that the the slave states should proportionally be represented.
• Mr. Mason thought that the practice was unjust
• Slaves were valuable as they raised land value, exports, imports, revenue, could supply an army, and could become soldiers.
• The Southern States had a unique property in slaves, above other states.
• Mr. Williamson noted Southern states argued for blacks' inferiority for taxation but now contend for equality for representation.
• Butler's motion to consider blacks equal to whites in representation was rejected.
• Mr. Govr. Morris objected to the resolution because it fettered the Legislature, excluded smaller states, and conflicted with adjusting representation based on population, wealth, or equity
• Morris argued that the number of inhabitants was not a proper standard of wealth, rather a measure of strength that had fallen in deference to defense by Britain being fallacious.
• Mr. King was against fixing numbers because it would cause discontent among states without slaves.
• The southern states already benefitted from the committee allotment from Representatives.
• Mr. Sherman said that the growth in Georgia would justify the high allotment.
• Mr. Ghorum supported establishing numbers as the rule, citing Massachusets estimating proportional numbers and that a proper distribution was present amongst numbers/property there.
• It was difficult to satisfy the Legislature of Massachusetts that slaves ought not to have been counted equally with whites, but in the ratio of three-fifths.
• Mr. Wilson questioned the principle of admitting blacks in a three-fifths proportion: Were they citizens or property?
• Compromise was necessary
• Morris saw a dilemma between injustice and human nature and was against giving slaves representation and he did not believe the states should be deprived of that.
• The question that was asked was about agreeing to include 3/5 of the blacks, the motion was rejected

Debate Over the Slave Trade in the Constitutional Convention

• During the resumption of Art: VII. sect. 3, Mr. Dickenson moved to postpone and reconsider Art: IV. sect. 4 to limit the number of representatives allowed to large States.
• This was to prevent small States from insignificance and discourage slave importation.

Notes from James Madison on June 30, 1787, discuss the debate over the Three-Fifths Clause during the Constitutional Convention. The notes mention representation, state interests, slavery, and population. It was proposed that votes in both branches should be proportional to inhabitants, counting slaves in a 5 to 3 ratio.