t they must, in
their national character and connexion, suffer in the disgrace, and
share in the inconveniences attendant upon that detestable and
iniquitous traffic, they may be desirous also to share in the benefits
arising from it; and the odium attending it will be greatly effaced by
the sanction which is given to it in the general government.
By the next paragraph, the general government is to have a power of
suspending the _habeas corpus act_, in cases of _rebellion_ or
_invasion_.
As the State governments have a power of suspending the habeas corpus
act in those cases, it was said, there could be no reason for giving
such a power to the general government; since, whenever the State
which is invaded, or in which an insurrection takes place, finds its
safety requires it, it will make use of that power. And it was urged,
that if we gave this power to the general government, it would be an
engine of oppression in its hands; since whenever a State should
oppose its views, however arbitrary and unconstitutional, and refuse
submission to them, the general government may declare it to be an act
of rebellion, and, suspending the habeas corpus act, may seize upon
the persons of those advocates of freedom, who have had virtue and
resolution enough to excite the opposition, and may imprison them
during its pleasure in the remotest part of the Union; so that a
citizen of Georgia might be _bastiled_ in the furthest part of New
Hampshire; or a citizen of New Hampshire in the furthest extreme of
the South, cut off from their family, their friends, and their every
connexion. These considerations induced me, sir, to give my negative
also to this clause.
* * * * *
EXTRACTS FROM DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION
OF THE UNITED STATES' CONSTITUTION.
* * * * *
MASSACHUSETTS CONVENTION.
The third paragraph of the 2d section being read,
Mr. King rose to explain it. There has, says he, been much
misconception of this section. It is a principle of this Constitution,
that representation and taxation should go hand in hand. This
paragraph states, that the numbers of free persons shall be
determined, by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians not
taxed, three-fifths of all other persons. These persons are the
slaves. By this rule is representation and taxation to be apporti
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