The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-07-07
BY DANIEL R. GooDLoE, OF NORTH CAROLINA.
ELLIoTs DEBATEs-voL. II.


ELLIOTS DEBATES-voL. II.
Debates IN Tirginid State Convention called Il
rdtlfp the 0nStitutiOn-COntinued
Mr. Henry insisted that the insertion o
these restrictions on Congress was plain de
monstration that Congress should exercise pow
ers by implication. The gentleman had ad
mitted that Congress could have interdicteC
the African trade, were it not for this restric
ton. If so, the power, not having been express
ly delegated, must be obtained by implication
He demanded, where, then was their doctrine
If reserved rights He wished for negative
clauses. to prevent them from assuming an.
powers but those expressly given. He aske'
why it was omitted to secure us that propert.
in slaves which we hold now? He feared it
omission was done with design They nigh
lay such heavy taxes on slaves as would amour
to emancipation, and then the Southern State
would be the only sufferers His opinion wa
confirmed by the mode of levying money. Con
gres-, he observed, had power to lay and c0lec
taxes imposts and excuses. Imposts Tor duties
and excuses were to be uniform But this uni
tormity did not extend to taxes This nigh
compel the Southern States to liberate the
negroes He wished this property therefore
10 be guarded. He considered the clause which
had been adduced by the gentleman "a secu
rity Tor this property as no security at all. II
was no more than this-that q runaway negro
could be taken up in Maryland or New York
This could not prevent Congress from inter
iering with that property, by laying grievous
and enormous tax on 1t, so a. to compel owners
to emaucipate their slaves, rather than pay the
tax He apprehended it would be productive
of much stock ;jobbng and that they would
play into one anOther's hands in such man.
ner as that this property would be lost to the
country.
Mr. George Nicholas wondered that gentle
men who were against Slavery would be OPP
posed to this clause as, after that period, the
slave trade would be done away He asked ii
gentlemen did not see the inconsistency OF their
arguments? They object, says he, to the Con-
stltuhon, 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
80 now will be manumitted. AT the same mo-
ment it is opposed for being promotve and de-
structiye of Slavery. He cOntended that 1t was
advantageous 10 Virginia that it should be IN
the power of Congress to prevent the importa-
ton of slaves after twenty years, rs it would
then put period to the evil complained Of
As the Southern States would not confederate
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 in
termediate period, and would be benefited by
it, as II tax of ten dollars on each slave might
be laid of which she would receive share. He
endeavOred to obyatc the objection of gentle
men, that the restriction on Congress was
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.
1t could not therefore, have been power by
implication AZ the restriction was an exception
from delegated power. The taxes could not |
a. had been suggested, be laid 80 high on ne |
grOes as to amount to emancipation; because |
taxation and representation were fixed accord |
ing to the census established in the COnstItu- |
ton. The exception of taxes from the uniform
lty annexed to duties and excuses, could not
have the operation contended for by the gen.
tlemen because other clauses had clearly and
positively fixed the census. Had taxes been
uniform, it would have been universally object
ed to- for no one object could DO selected with
out involving great Inconvenience and Oppres-
sions But, says Mr. Nicholas, is it from the
General Government we are to fear emanci pa
ton Gentlemen will recollect what | said
IN another House, and what other gentlemen
have said that advocated emancipation. Give
me leave to say that that clause is great Sc
curity for our slave tax. ! can tell the com
mittee that the people of our country are re.
duced to begsary 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-ffths are
exempted He then added that he had imagn-
ed gentlemen would not support here what
they had opposed in another place
Mr.. Henry replied, that though the proper
ton of each was to be fixed by the census, and
three-iiiths of the slaves only were included in
the enumeration, yet the proportion of Vir-
glnla, 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 OF property. IL as prop
erty the proportion of taxes to be laid on them
was fixed in the Constitution. If he appre-
hended poll tax on negroes the Constitution
had prevented it for, by the census, where
white man paid ten shillings, u negro paid but
SIX shllllngs; Tor the exemption of twoftths OF
Them reduced it to that proportion 1877
Mr. George Mason said, that gentlemen
might think themselves secured by the restric-
ton in the fourth clause that no captation or
other direct tax should be laid but in proper
ton to the census before directed to be taken
Dut that when maturely considered, it would
be found to be no security whatever 1t was
nothing but direct assertion, or mere confirm.
alton, of the clause which fixed the ratio Of
taxes and representation. IL only meant tina
the quantum to be raised Of each State shout,
be in proportion TO their numbers, in the man
ner therein directed but the General Govern
ment was not precluded from laying the pre-
portion Of any particular State on any one spe
ces Of property they might think proper. Flo
instance, il five hundred thousand dollars wer
to be raised, they might lay the whole Of tn
proportion of the Southern States on the black
or any one species of property 30 that, by lay
ing taxes too heavily on slaves, they might t.
tally annihiate that kind of property No res
security could arise from the clause, which pre-
yides that persons held to labor in one Stat,
escaping into another, shall be delivered M
This only meant that runaway slaves shout
not be protected in other States AS to tn
exclusion OF er post tacto laws it could not b
said to create any security in this case; 70
laying tax on slaves would not be e1 po'
tdctO.
Mr. Madison replied, that even the Souther
States who were most affected, were perfect
satisfied with this provision and dreaded n
danger to the property they now hold. 1t al
peared TO him that the General Govsrnmer
would not intermeddlo with that property fc
twenty years, but to lay tax on every sla'
imported, not exceeding ten dollars and ths
at1er the expiration of that period they migf
prohibit the traffic altogether. The census i
the Constitution was intended to introduo
equality IN che burdens to be laid on the CON