it would have been universally
objected to, for no one object could be selected without involving
great inconveniences and oppressions. But, says Mr. Nicholas, is it
from the general government we are to fear emancipation? Gentlemen
will recollect what I said in another house, and what other gentlemen
have said that advocated emancipation. Give me leave to say, that that
clause is a great security for our slave tax. I can tell the
committee, that the people of our country are reduced to beggary by
the taxes on negroes. Had this Constitution been adopted, it would not
have been the case. The taxes were laid on all our negroes. By this
system two-fifths are exempted. He then added, that he imagined
gentlemen would not support here what they had opposed in another
place.

Mr. Henry replied, that though the proportion of each was to be fixed
by the census, and three-fifths of the slaves only were included in
the enumeration, yet the proportion of Virginia being once fixed,
might be laid on blacks and blacks only. For the mode of raising the
proportion of each State being to be directed by Congress, they might
make slaves the sole object to raise it. Personalities he wished to
take leave of: they had nothing to do with the question, which was
solely whether that paper was wrong or not.

Mr. Nicholas replied, that negroes must he considered as persons, or
property. If as property, the proportion of taxes to be laid on them
was fixed in the Constitution. If he apprehended a poll tax on
negroes, the Constitution had prevented it. For, by the census, where
a white man paid ten shillings, a negro paid but six shillings. For
the exemption of two-fifths of them reduced it to that proportion.

The second, third, and fourth clauses, were then read as follows:

The privilege of the writ of habeas corpus shall not be suspended,
unless when in cases of rebellion or invasion the public safety may
require it.

No bill of attainder or ex post facto law shall be passed.

No capitation or other direct tax shall be paid, unless in proportion
to the census or enumeration herein before directed to be taken.

Mr. George Mason said, that gentlemen might think themselves secured
by the restriction in the fourth clause, capitation or other direct
tax should he laid but in proportion to the census before directed to
be taken. But that when maturely considered it would be found to be no
security whatsoever. It was nothing but a direct ass