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o 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 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 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
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