By the next paragraph, the general government is to have a power of suspending the habeas corpus act, in cases of rebellion or invasion.
As the State governments have a power of suspending the habeas corpus act in those cases, it was said, there could be no reason for giving such a power to the general government; since, whenever the State which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power. And it was urged, that if we gave this power to the general government, it would be an engine of oppression in its hands; since whenever a State should oppose its views, however arbitrary and unconstitutional, and refuse submission to them, the general government may declare it to be an act of rebellion, and, suspending the habeas corpus act, may seize upon the persons of those advocates of freedom, who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the Union; so that a citizen of Georgia might be bastiled in the furthest part of New Hampshire; or a citizen of New Hampshire in the furthest extreme of the South, cut off from their family, their friends, and their every connexion. These considerations induced me, sir, to give my negative also to this clause.
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EXTRACTS FROM DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE UNITED STATES’ CONSTITUTION.
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MASSACHUSETTS CONVENTION.
The third paragraph of the 2d section being read,
Mr. King rose to explain it. There has, says he, been much misconception of this section. It is a principle of this Constitution, that representation and taxation should go hand in hand. This paragraph states, that the numbers of free persons shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. These persons are the slaves. By this rule is representation and taxation to be apportioned. And it was adopted, because it was the language of all America.
Mr. Widgery asked, if a boy of six years of age was to be considered as a free person?