s 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 had 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 be 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, 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 p
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