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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