The Federalist Papers · Chapter
LIV: The Apportionment of Members Among the States explained
Madison defends the constitutional compromise of counting slaves as three-fifths of a person for both representation and taxation, arguing that this dual rule balances the interests of states and reflects the mixed legal status of slaves as
What happens
Madison defends the constitutional compromise of counting slaves as three-fifths of a person for both representation and taxation, arguing that this dual rule balances the interests of states and reflects the mixed legal status of slaves as both persons and property.
Themes in this chapter
Republican Government and Representation
Madison argues that representation should be based on population, but the unique status of slaves requires a compromise.
Economic Prosperity and Commerce
The rule linking representation to taxation is defended as a practical measure to ensure fair contributions and prevent bias in census reporting.
Human Nature and the Capacity for Self-Government
Madison acknowledges the self-interested tendencies of states to inflate or deflate their numbers, and uses the dual rule to counterbalance these biases.
Characters to notice
- Publius
Author of the essay, presenting the reasoning for the apportionment rule.
- James Madison
Writes as Publius, defending the three-fifths compromise.
- Congress
Will conduct the census to determine representation and taxation.
Key passages
“Slaves are considered as property, not as persons. They ought therefore to be comprehended in estimates of taxation which are founded on property, and to be excluded from representation which is regulated by a census of persons.”
Critics argue that since slaves are treated as property, they should count for taxes but not for representation.
Madison presents the objection to including slaves in the apportionment of representatives.
“The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property.”
Slaves have a dual legal status, being both persons under some laws and property under others.
Madison articulates the Southern defense of the three-fifths compromise.
“By extending the rule to both objects, the states will have opposite interests, which will control and balance each other, and produce the requisite impartiality.”
Linking representation and taxation to the same census gives states conflicting incentives, leading to more accurate reporting.
Madison explains the practical benefit of the dual rule.