gro 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, that no capitation or other
direct tax should be 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
assertion, or mere confirmation of the clause which fixed the ratio of
taxes and representation. It only meant that the quantum to be raised
of each State should be in proportion to their numbers in the manner
therein directed. But the general government was not precluded from
laying the proportion of any particular State on any one species of
property they might think proper. For instance, if five hundred
thousand dollars were to be raised, they might lay the whole of the
proportion of the Southern States on the blacks, or any one species of
property: so that by laying taxes too heavily on slaves, they might
totally annihilate that kind of property. No real security could arise
from the clause which provides, that persons held to labor in one
State, escaping into another, shall be delivered up. This only meant,
that runaway slaves should not be protected in other States. As to the
exclusion of _ex post facto_ laws, it could not be said to create any
security in this case. For laying a tax on slaves would not be _ex
post facto_.
Mr. MADISON replied, that even the Southern States, who were most
affected, were perfectly satisfied with this provision, and dreaded no
danger to the property they now hold. It appeared to him, that the
general government would not intermeddle with that property for twenty
years, but to lay a tax on every slave imported, not exceeding ten
dollars; and that after the expiration of that period they might
prohibit the traffic altogether. The census in the Constitution was
intended to introduce equality in the burdens to be laid on the
community. No gentlem
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