If it were left out of the constitution, then the claims of the master would forever lack the force of law; if it were inserted as part of the constitution, it would evidence the insincerity of the people in their talk about the equality of the rights of man, etc.  The Legislature—­Convention of 1777-78—­prepared, debated, and finally approved and submitted to the people, a draught of a constitution for the State, on the 28th of February, 1778.  The framers of the constitution seemed to lack the courage necessary to declare in favor of the freedom of the faithful blacks who had rendered such efficient aid to the cause of the colonists.  The prevailing sentiment of the people demanded an article in the constitution denying Negroes the right of citizens.  It may be fortunate for the fame of the Commonwealth that the record of the debates on the article denying Negroes the right of suffrage has not been preserved.  The article is here given:—­

“V.  Every male inhabitant of any town in this State, being free, and twenty-one years of age, excepting Negroes, Indians and Mulattoes, shall be intitled to vote for a Representative or Representatives, as the case may be,” etc.

By this article three classes of inhabitants were excluded from the rights, blessings, and duties of citizenship; and the institution of slavery was recognized as existing by sanction of law.  But the constitution was rejected by the people, by an overwhelming majority; not, however, on account of the fifth article, but because the instrument was obnoxious to them on general principles.

The defeat of the constitution did not temper public sentiment on the question of Negro slavery, for the very next year the domestic trade seemed to receive a fresh impetus.  The following advertisements furnish abundant proof of the undiminished vigor of the enterprise.

From “The Continental Journal,” Nov. 25, 1779:—­

     “To be SOLD A likely NEGRO GIRL, 16 years of Age, for no
     fault, but want of employ.”

From the same, Dec. 16, 1779:—­

     “To be SOLD, A Strong likely NEGRO GIRL,” etc.

From “The Independent Chronicle,” March 9, 1780:—­

     “To be SOLD, for want of employment, an exceeding likely
     NEGRO GIRL, aged sixteen.”

From the same, March 30 and April 6, 1780:—­

     “To be SOLD, very Cheap, for no other Reason than for want
     of Employ, an exceeding Active NEGRO BOY, aged fifteen. 
     Also, a likely NEGRO GIRL, aged seventeen.”

From “The Continental Journal,” Aug. 17, 1780:—­

     “To be SOLD, a likely NEGRO BOY.”

From the same, Aug. 24 and Sept. 7:—­

     “To be SOLD or LETT, for a term of years, a strong,
     hearty, likely NEGRO GIRL.”

From the same, Oct. 19 and 26, and Nov. 2:—­