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 emancipation; because taxation and representation were fixed according to the census established in the Constitution.  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 emancipation?  Gentlemen will recollect what I said in another house, and what other gentlemen have said that advocated emancipation.  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 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 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 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.