The Anti-Slavery Examiner
Chapter 216 : Gen. Heath. Mr. President,--By my indisposition and absence, I have lost several impor

Gen. Heath. Mr. President,--By my indisposition and absence, I have lost several important opportunities: I have lost the opportunity of expressing my sentiments with a candid freedom, on some of the paragraphs of the system, which have lain heavy on my mind. I have lost the opportunity of expressing my warm approbation on some of the paragraphs. I have lost the opportunity of hearing those judicious, enlightening and convincing arguments, which have been advanced during the investigation of the system. This is my misfortune, and I must bear it. The paragraph respecting the migration or importation of such persons as any of the States now existing shall think proper to admit, &c., is one of those considered during my absence, and I have heard nothing on the subject, save what has been mentioned this morning; but I think the gentlemen who have spoken, have carried the matter rather too far on both sides. I apprehend that it is not in our power to do any thing for or against those who are in slavery in the southern States. No gentleman within these walls detests every idea of slavery more than I do: it is generally detested by the people of this Commonwealth; and I ardently hope that the time will soon come, when our brethren in the southern States will view it as we do, and put a stop to it; but to this we have no right to compel them. Two questions naturally arise: if we ratify the Const.i.tution, shall we do any thing by our act to hold the blacks in slavery--or shall we become the partakers of other men's sins? I think neither of them. Each State is sovereign and independent to a certain degree, and they have a right, and will regulate their own internal affairs, as to themselves appears proper; and shall we refuse to eat, or to drink, or to be united, with those who do not think, or act, just as we do? surely not. We are not in this case partakers of other men's sins, for in nothing do we voluntarily encourage the slavery of our fellow-men; a restriction is laid on the Federal Government, which could not be avoided, and a union take place. The federal Convention went as far as they could; the migration or importation, &c., is confined to the States, now _existing only_, new States cannot claim it. Congress, by their ordinance for erecting new States, some time since, declared that the new States shall be republican, and that there shall be no slavery in them. But whether those in slavery in the southern States will be emanc.i.p.ated after the year 1808, I do not pretend to determine: I rather doubt it.

Mr. Neal rose and said, that as the Const.i.tution at large, was now under consideration, he would just remark, that the article which respected the Africans, was the one which laid on his mind--and, unless his objections to that were removed, it must, how much soever he liked the other parts of the Const.i.tution, be a sufficient reason for him to give his negative to it.

Major Lusk concurred in the idea already thrown out in the debate, that although the insertion of the amendments in the Const.i.tution was devoutly wished, yet he did not see any reason to suppose they ever would be adopted. Turning from the subject of amendments, the Major entered largely into the consideration of the 9th section, and in the most pathetic and feeling manner, described the miseries of the poor natives of Africa, who are kidnapped and sold for slaves. With the brightest colors he painted their happiness and ease on their native sh.o.r.es, and contrasted them with their wretched, miserable and unhappy condition, in a state of slavery.

Rev. Mr. Buckus. Much, sir, has been said about the importation of slaves into this country. I believe that, according to my capacity, no man abhors that wicked practice more than I do, and would gladly make use of all lawful means towards the abolis.h.i.+ng of slavery in all parts of the land. But let us consider where we are, and what we are doing.

In the articles of confederation, no provision was made to hinder the importation of slaves into any of these States: but a door is now opened hereafter to do it; and each State is at liberty now to abolish slavery as soon as they please. And let us remember our former connexion with Great Britain, from whom many in our land think we ought not to have revolted. How did they carry on the slave trade! I know that the Bishop of Gloucester, in an annual sermon in London, in February, 1766, endeavored to justify their tyrannical claims of power over us, by casting the reproach of the slave trade upon the Americans. But at the close of the war, the Bishop of Chester, in an annual sermon, in February, 1783, ingenuously owned, that their nation is the most deeply involved in the guilt of that trade, of any nation in the world; and also, that they have treated their slaves in the West Indies worse than the French or Spaniards have done theirs. Thus slavery grows more and more odious through the world; and, as an honorable gentleman said some days ago, "Though we cannot say that slavery is struck with an apoplexy, yet we may hope it will die with a consumption." And a main source, sir, of that iniquity, hath been an abuse of the covenant of circ.u.mcision, which gave the seed of Abraham to destroy the inhabitants of Canaan, and to take their houses, vineyards, and all their estates, as their own; and also to buy and hold others as servants. And as Christian privileges are greater than those of the Hebrews were, many have imagined that they had a right to seize upon the lands of the heathen, and to destroy or enslave them as far as they could extend their power. And from thence the mystery of iniquity, carried many into the practice of making merchandise of slaves and souls of men. But all ought to remember, that when G.o.d promised the land of Canaan to Abraham and his seed, he let him know that they were not to take possession of that land, until the iniquity of the Amorites was full; and then they did it under the immediate direction of Heaven; and they were as real executors of the judgment of G.o.d upon those heathens, as any person ever was an executor of a criminal justly condemned. And in doing it they were not allowed to invade the lands of the Edomites, who sprang from Esau, who was not only of the seed of Abraham, but was born at the same birth with Israel; and yet they were not of that church. Neither were Israel allowed to invade the lands of the Moabites, or of the children of Ammon, who were of the seed of Lot. And no officer in Israel had any legislative power, but such as were immediately inspired. Even David, the man after G.o.d's own heart, had no legislative power, but only as he was inspired from above: and he is expressly called a _prophet_ in the New Testament. And we are to remember that Abraham and his seed, for four hundred years, had no warrant to admit any strangers into that church, but by buying of him as a servant, with money. And it was a great privilege to be bought, and adopted into a religious family for seven years, and then to have their freedom. And that covenant was expressly repealed in various parts of the New Testament; and particularly in the first epistle to the Corinthians, wherein it is said--Ye are bought with a price; therefore glorify G.o.d in your body, and in your spirit, which are G.o.d's. And again--Circ.u.mcision is nothing, and uncirc.u.mcision is nothing, but keeping of the commandments of G.o.d. Ye are bought with a price; be not ye the servants of men. Thus the gospel sets all men upon a level, very contrary to the declaration of an honorable gentleman in this house, "that the Bible was contrived for the advantage of a particular order of men."

NEW YORK CONVENTION.

Mr. Smith. He would now proceed to state his objections to the clause just read, (section 2, of article 1, clause 3.) His objections were comprised under three heads: 1st, the rule of apportionment is unjust; 2d, there is no precise number fixed on, below which the house shall not be reduced; 3d, it is inadequate. In the first place, the rule of apportionment of the representatives is to be according to the whole number of the white inhabitants, with three-fifths of all others; that is, in plain English, each State is to send representatives in proportion to the number of freemen, and three-fifths of the slaves it contains. He could not see any rule by which slaves were to be included in the ratio of representation;--the principle of a representation being that every free agent should be concerned in governing himself, it was absurd to give that power to a man who could not exercise it--slaves have no will of their own: the very operation of it was to give certain privileges to those people, who were so wicked as to keep slaves. He knew it would be admitted, that this rule of apportionment was founded on unjust principles, but that it was the result of accommodation; which, he supposed, we should be under the necessity of admitting, if we meant to be in union with the southern States, though utterly repugnant to his feelings.

Mr. Hamilton. In order that the committee may understand clearly the principles on which the General Convention acted, I think it necessary to explain some preliminary circ.u.mstances.

Sir, the natural situation of this country seems to divide its interests into different cla.s.ses. There are navigating and non-navigating States--the Northern are properly the navigating States: the Southern appear to possess neither the means; nor the spirit of navigation. This difference of situation naturally produces a dissimilarity of interest and views respecting foreign commerce. It was the interest of the Northern States that there should be no restraints on their navigation, and that they should leave full power, by a majority in Congress, to make commercial regulations in favor of their own, and in restraint of the navigation of foreigners. The Southern States wished to impose a restraint on the Northern, by requiring that two-thirds in Congress should be requisite to pa.s.s an act in regulation of commerce: they were apprehensive that the restraints of a navigation law would discourage foreigners, and by obliging them to employ the s.h.i.+pping of the Northern States would probably enhance their freight. This being the case, they insisted strenuously on having this provision engrafted in the const.i.tution; and the Northern States were as anxious in opposing it. On the other hand, the small States seeing themselves embraced by the confederation upon equal terms, wished to retain the advantages which they already possessed: the large States, on the contrary, thought it improper that Rhode Island and Delaware should enjoy an equal suffrage with themselves: from these sources a delicate and difficult contest arose.

It became necessary, therefore, to compromise; or the Convention must have dissolved without effecting any thing. Would it have been wise and prudent in that body, in this critical situation, to have deserted their country? No. Every man who hears me--every wise man in the United States, would have condemned them. The Convention were obliged to appoint a committee for accommodation. In this committee the arrangement was formed as it now stands; and their report was accepted. It was a delicate point; and it was necessary that all parties should be indulged. Gentlemen will see, that if there had not been a unanimity, nothing could have been done: for the Convention had no power to establish, but only to recommend a government. Any other system would have been impracticable. Let a Convention be called to-morrow--let them meet twenty times; nay, twenty thousand times; they will have the same difficulties to encounter; the same clas.h.i.+ng interests to reconcile.

But dismissing these reflections, let us consider how far the arrangement is in itself ent.i.tled to the approbation of this body. We will examine it upon its own merits.

The first thing objected to, is that clause which allows a representation for three-fifths of the negroes. Much has been said of the impropriety of representing men, who have no will of their own.

Whether this be reasoning or declamation, I will not presume to say.

It is the unfortunate situation of the southern states, to have a great part of their population, as well as property, in blacks. The regulations complained of was one result of the spirit of accommodation, which governed the convention; and without this indulgence, no union could possibly have been formed. But, sir, considering some peculiar advantages which we derived from them, it is entirely just that they should be gratified. The southern states possess certain staples, tobacco, rice, indigo, &c., which must be capital objects in treaties of commerce with foreign nations; and the advantage which they necessarily procure in these treaties will be felt throughout all the states. But the justice of this plan will appear in another view. The best writers on government have held that representation should be compounded of persons and property. This rule has been adopted, as far as it could be, in the Const.i.tution of New-York. It will, however, by no means, be admitted, that the slaves are considered altogether as property. They are men, though degraded to the condition of slavery. They are persons known to the munic.i.p.al laws of the states which they inhabit as well as to the laws of nature. But representation and taxation go together--and one uniform rule ought to apply to both. Would it be just to compute these slaves in the a.s.sessment of taxes, and discard them from the estimate in the apportionment of representatives? Would it be just to impose a singular burthen, without conferring some adequate advantage?

Another circ.u.mstance ought to be considered. The rule we have been speaking of is a general rule, and applies to all the states. Now, you have a great number of people in your state, which are not represented at all; and have no voice in your government; these will be included in the enumeration--not two-fifths--nor three-fifths, but the whole.

This proves that the advantages of the plan are not confined to the southern states, but extend to other parts of the Union.

Mr. M. Smith. I shall make no reply to the arguments offered by the hon. gentleman to justify the rule of apportionment fixed by this clause: for though I am confident they might be easily refuted, yet I am persuaded we must yield this point, in accommodation to the southern states. The amendment therefore proposes no alteration to the clause in this respect.

Mr. Harrison. Among the objections, that, which has been made to the mode of apportionment of representatives, has been relinquished. I think this concession does honor to the gentleman who had stated the objection. He has candidly acknowledged, that this apportionment was the result of accommodation; without which no union could have been formed.

PENNSYLVANIA CONVENTION.

Mr. Wilson. Much fault has been found with the mode of expression, used in the first clause of the ninth section of the first article. I believe I can a.s.sign a reason, why that mode of expression was used, and why the term slave was not admitted in this const.i.tution--and as to the manner of laying taxes, this is not the first time that the subject has come into the view of the United States, and of the legislatures of the several states. The gentleman, (Mr. Findley) will recollect, that in the present congress, the quota of the federal debt, and general expenses, was to be in proportion to the value of land, and other enumerated property, within the states. After trying this for a number of years, it was found on all hands, to be a mode that could not be carried into execution. Congress were satisfied of this, and in the year 1783 recommended, in conformity with the powers they possessed under the articles of confederation, that the quota should be according to the number of free people, including those bound to servitude, and excluding Indians not taxed. These were the expressions used in 1783, and the fate of this recommendation was similar to all their other resolutions. It was not carried into effect, but it was adopted by no fewer than eleven, out of thirteen states; and it cannot but be matter of surprise, to hear gentlemen, who agreed to this very mode of expression at that time, come forward and state it as an objection on the present occasion. It was natural, sir, for the late convention, to adopt the mode after it had been agreed to by eleven states, and to use the expression, which they found had been received as unexceptional before. With respect to the clause, restricting congress from prohibiting the migration or importation of such persons, as any of the states now existing, shall think proper to admit, prior to the year 1808. The honorable gentleman says, that this cause is not only dark, but intended to grant to congress, for that time, the power to admit the importation of slaves.

No such thing was intended; but I will tell you what was done, and it gives me high pleasure, that so much was done. Under the present confederation, the states may admit the importation of slaves as long as they please; but by this article, after the year 1808 the congress will have power to prohibit such importation, notwithstanding the disposition of any state to the contrary. I consider this as laying the foundation for banis.h.i.+ng slavery out of this country; and though the period is more distant than I could wish, yet it will produce the same kind, gradual change, which was pursued in Pennsylvania. It is with much satisfaction I view this power in the general government, whereby they may lay an interdiction on this reproachful trade; but an immediate advantage is also obtained, for a tax or duty may be imposed on such importation, not exceeding ten dollars for each person; and this, sir, operates as a partial prohibition; it was all that could be obtained, I am sorry it was no more; but from this I think there is reason to hope, that yet a few years, and it will be prohibited altogether; and in the mean time, the new states which are to be formed, will be under the control of congress in this particular; and slaves will never be introduced amongst them. The gentleman says, that it is unfortunate in another point of view; it means to prohibit the introduction of white people from Europe, as this tax may deter them from coming amongst us; a little impartiality and attention will discover the care that the convention took in selecting their language. The words are the _migration_ or IMPORTATION of such persons, &c., shall not be prohibited by congress prior to the year 1808, but a tax or duty may be imposed on such importation; it is observable here, that the term migration is dropped, when a tax or duty is mentioned, so that congress have power to impose the tax only on those imported.

I recollect, on a former day, the honorable gentleman from Westmoreland (Mr. Findley) and the honorable gentleman from c.u.mberland (Mr. Whitehill,) took exception against the first clause of the 9th section, art. 1, arguing very unfairly, that because congress might impose a tax or duty of ten dollars on the importation of slaves, within any of the United States, congress might therefore permit slaves to be imported within this state, contrary to its laws. I confess I little thought that this part of the system would be excepted to.

I am sorry that it could be extended no further; but so far as it operates, it presents us with the pleasing prospect, that the rights of mankind will be acknowledged and established throughout the union.

If there was no other lovely feature in the const.i.tution but this one, it would diffuse a beauty over its whole countenance. Yet the lapse of a few years! and congress will have power to exterminate slavery from within our borders.

How would such a delightful prospect expand the breast of a benevolent and philanthropic European? Would he cavil at an expression? catch at a phrase? No, sir, that is only reserved for the gentleman on the other side of your chair to do.

Mr. McKean. The arguments against the const.i.tution are, I think, chiefly these: ...

That migration or importation of such persons, as any of the states shall admit, shall not be prohibited prior to 1808, nor a tax or duty imposed on such importation exceeding ten dollars for each person.

Provision is made that congress shall have power to prohibit the importation of slaves after the year 1808, but the gentlemen in opposition, accuse this system of a crime, because it has not prohibited them at once. I suspect those gentlemen are not well acquainted with the business of the diplomatic body, or they would know that an agreement might be made, that did not perfectly accord with the will and pleasure of any one person. Instead of finding fault with what has been gained, I am happy to see a disposition in the United States to do so much.

VIRGINIA CONVENTION.

Gov Randolph said, we are told in strong language, of dangers to which we will be exposed unless we adopt this Const.i.tution. Among the rest, domestic safety is said to be in danger. This government does not attend to our domestic safety. It authorizes the importation of slaves for twenty-odd years, and thus continues upon us that nefarious trade.

Instead of securing and protecting us, the continuation of this detestable trade adds daily to our weakness. Though this evil is increasing, there is no clause in the Const.i.tution that will prevent the northern and eastern States from meddling with our whole property of that kind. There is a clause to prohibit the importation of slaves after twenty years, but there is no provision made for securing to the southern States those they now possess. It is far from being a desirable property. But it will involve us in great difficulties and infelicity to be now deprived of them. There ought to be a clause in the Const.i.tution to secure us that property, which we have acquired under our former laws, and the loss of which would bring ruin on a great many people.

Mr. Lee. The honorable gentleman abominates it, because it does not prohibit the importation of slaves, and because it does not secure the continuance of the existing slavery! Is it not obviously inconsistent to criminate it for two contradictory reasons? I submit it to the consideration of the gentleman, whether, if it be reprehensible in the one case, it can be censurable in the other? Mr. Lee then concluded by earnestly recommending to the committee to proceed regularly.

Mr. Henry. It says, that "no state shall engage in war, unless actually invaded." If you give this clause a fair construction, what is the true meaning of it? What does this relate to? Not domestic insurrections, but war. If the country be invaded, a state may go to war; but cannot suppress insurrections. If there should happen an insurrection of slaves, the country cannot be said to be invaded.--They cannot therefore suppress it, without the interposition of congress.

Mr. George Nicholas said, another worthy member says, there is no power in the States to quell an insurrection of slaves. Have they it now? If they have, does the Const.i.tution take it away? If it does, it must be in one of the three clauses which have been mentioned by the worthy member. The first clause gives the general government power to call them out when necessary. Does this take it away from the States?

No. But it gives an additional security: for, besides the power in the State governments to use their own militia, it will be the duty of the general government to aid them with the strength of the Union when called for. No part of the Const.i.tution can show that this power is taken away.

Mr. George Mason. Mr. Chairman, this is a fatal section, which has created more dangers than any other. The first clause allows the importation of slaves for twenty years. Under the royal government, this evil was looked upon as a great oppression, and many attempts were made to prevent it; but the interest of the African merchants prevented its prohibition. No sooner did the revolution take place, than it was thought of. It was one of the great causes of our separation from Great Britain. Its exclusion has been a princ.i.p.al object of this State, and most of the States in the Union. The augmentation of slaves weakens the States; and such a trade is diabolical in itself, and disgraceful to mankind. Yet, by this Const.i.tution, it is continued for twenty years. As much as I value an union of all the States, I would not admit the Southern States into the Union, unless they agreed to the discontinuance of this disgraceful trade, because it would bring weakness and not strength to the Union. And though this infamous traffic be continued, we have no security for the property of that kind which we have already. There is no clause in this Const.i.tution to secure it; for they may lay such tax as will amount to manumission. And should the government be amended, still this detestable kind of commerce cannot be discontinued till after the expiration of twenty years. For the fifth article, which provides for amendments, expressly excepts this clause. I have ever looked upon this as a most disgraceful thing to America. I cannot express my detestation of it. Yet they have not secured us the property of the slaves we have already. So that, "they have done what they ought not to have done, and have left undone what they ought to have done."

Mr. Madison. Mr. Chairman, I should conceive this clause to be impolitic, if it were one of those things which could be excluded without encountering greater evils. The Southern States would not have entered into the Union of America, without the temporary permission of that trade. And if they were excluded from the Union, the consequences might be dreadful to them and to us. We are not in a worse situation than before. That traffic is prohibited by our laws, and we may continue the prohibition. The Union in general is not in a worse situation. Under the articles of confederation, it might be continued forever: but by this clause an end may be put to it after twenty years. There is, therefore, an amelioration of our circ.u.mstances. A tax may be laid in the mean time; but it is limited, otherwise Congress might lay such a tax as would amount to a prohibition. From the mode of representation and taxation, Congress cannot lay such a tax on slaves as will amount to manumission. Another clause secures us that property which we now possess. At present, if any slave elopes to any of those States where slaves are free, he becomes emanc.i.p.ated by their laws. For the laws of the States are uncharitable to one another in this respect. But in this Const.i.tution, "no person held to service, or labor, in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due." This clause was expressly inserted to enable owners of slaves to reclaim them. This is a better security than any that now exists. No power is given to the general government to interpose with respect to the property in slaves now held by the States. The taxation of this State being equal only to its representation, such a tax cannot be laid as he supposes. They cannot prevent the importation of slaves for twenty years; but after that period, they can. The gentlemen from South Carolina and Georgia argued in this manner: "We have now liberty to import this species of property, and much of the property now possessed, has been purchased, or otherwise acquired, in contemplation of improving it by the a.s.sistance of imported slaves. What would be the consequence of hindering us from it? The slaves of Virginia would rise in value, and we would be obliged to go to your markets." I need not expatiate on this subject. Great as the evil is, a dismemberment of the Union would be worse. If those States should disunite from the other States, for not including them in the temporary continuance of this traffic, they might solicit and obtain aid from foreign powers.

Mr. Tyler warmly enlarged on the impolicy, iniquity, and disgracefulness of this wicked traffic. He thought the reasons urged by gentlemen in defence of it were inconclusive, and ill founded. It was one cause of the complaints against British tyranny, that this trade was permitted. The Revolution had put a period to it; but now it was to be revived. He thought nothing could justify it. This temporary restriction on Congress militated, in his opinion, against the arguments of gentlemen on the other side, that what was not given up, was retained by the States; for that if this restriction had not been inserted, Congress could have prohibited the African trade. The power of prohibiting it was not expressly delegated to them; yet they would have had it by implication, if this restraint had not been provided.

This seemed to him to demonstrate most clearly the necessity of restraining them by a bill of rights, from infringing our unalienable rights. It was immaterial whether the bill of rights was by itself, or included in the Const.i.tution. But he contended for it one way or the other. It would be justified by our own example, and that of England.

His earnest desire was, that it should be handed down to posterity, that he had opposed this wicked clause.

Mr. Madison. As to the restriction in the clause under consideration, it was a restraint on the exercise of a power expressly delegated to congress, namely, that of regulating commerce with foreign nations.

Mr. Henry insisted, that the insertion of these restrictions on Congress, was a plain demonstration that Congress could exercise powers by implication. The gentleman had admitted that Congress could have interdicted the African trade, were it not for this restriction.

If so, the power not having been expressly delegated, must be obtained by implication. He demanded where, then, was their doctrine of reserved rights? He wished for negative clauses to prevent them from a.s.suming any powers but those expressly given. He asked why it was moited to secure us that property in slaves, which we held now? He feared its omission was done with design. They might lay such heavy taxes on slaves, as would amount to emanc.i.p.ation; and then the Southern States would be the only sufferers. His opinion was confirmed by the mode of levying money. Congress, he observed, had power to lay and collect taxes, imposts, and excises. Imposts (or duties) and excises, were to be uniform. But this uniformity did not extend to taxes. This might compel the Southern States to liberate their negroes. He wished this property therefore to be guarded. He considered the clause which had been adduced by the gentleman as a security for this property, as no security at all. It was no more than this--that a runaway negro could be taken up in Maryland or New-York.

This could not prevent Congress from interfering with that property by laying a grievous and enormous tax on it, so as to compel owners to emanc.i.p.ate their slaves rather than pay the tax. He apprehended it would be productive of much stock-jobbing, and that they would play into one another's hands in such a manner as that this property would be lost to the country.

Mr. George Nicholas wondered that gentlemen who were against slavery, would be opposed to this clause; as after that period the slave trade would be done away. He asked, if gentlemen did not see the inconsistency of their arguments? They object, says he, to the Const.i.tution, because the slave trade is laid open for twenty-odd years; and yet tell you, that by some latent operation of it, the slaves who are so now, will be manumitted. At the same moment, it is opposed for being promotive and destructive of slavery. He contended that it was advantageous to Virginia, that it should be in the power of Congress to prevent the importation of slaves after twenty years, as it would then put a period to the evil complained of.

As the Southern States would not confederate without this clause, he asked, if gentlemen would rather dissolve the confederacy than to suffer this temporary inconvenience, admitting it to be such? Virginia might continue the prohibition of such importation during the intermediate period, and would be benefitted by it, as a tax of ten dollars on each slave might be laid, of which she would receive a share. He endeavored to obviate the objection of gentlemen, that the restriction on Congress was a proof that they would have power not given them, by remarking, that they would only have had a general superintendency of trade, if the restriction had not been inserted.

But the Southern States insisted on this exception to that general superintendency for twenty years. It could not therefore have been a power by implication, as the restriction was an exception from a delegated power. The taxes could not, as had been suggested, be laid so high on negroes as to amount to emanc.i.p.ation; because taxation and representation were fixed according to the census established in the Const.i.tution. The exception of taxes, from the uniformity annexed to duties and excises, could not have the operation contended for by the gentleman; because other clauses had clearly and positively fixed the census. Had taxes been uniform, 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 emanc.i.p.ation? Gentlemen will recollect what I said in another house, and what other gentlemen have said that advocated emanc.i.p.ation. 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 Const.i.tution 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 Const.i.tution. If he apprehended a poll tax on negroes, the Const.i.tution had prevented it. For, by the census, where a white man paid ten s.h.i.+llings, a negro paid but six s.h.i.+llings. 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 pa.s.sed.