Mr. Madison made an eloquent speech in support of Mr. Parker’s amendment. He said,—
“The confounding men with merchandise might be easily avoided by altering the title of the bill; it was, in fact, the very object of the motion to prevent men, so far as the power of Congress extended, from being confounded with merchandise. The clause in the Constitution allowing a tax to be imposed, though the traffic could not be prohibited for twenty years, was inserted, he believed, for the very purpose of enabling Congress to give some testimony of the sense of America with respect to the African trade. By expressing a national disapprobation of that trade, it is to be hoped we may destroy it, and so save ourselves from reproaches, and our posterity from the imbecility ever attendant on a country filled with slaves. This was as much the interest of South Carolina and Georgia as of any other States. Every addition they received to their number of slaves tended to weakness, and rendered them less capable of self-defence. In case of hostilities with foreign nations, their slave population would be a means, not of repelling invasions, but of inviting attack. It was the duty of the general government to protect every part of the Union against danger, as well internal as external. Every thing, therefore, which tended to increase this danger, though it might be a local affair, yet, if it involved national expense or safety, became of concern to every part of the Union, and a proper subject for the consideration of those charged with the general administration of the government.”
Mr. Bland approved the position taken by Mr. Madison, while Mr. Burke of South Carolina charged the gentlemen with having wasted the time of Congress upon a useless proposition. He contended, that, while slaves were not mentioned in the Constitution, they would come under the general five per cent ad valorem duty on all unenumerated articles, which would be equivalent to the proposition of the gentleman from Virginia. Mr. Madison replied by saying, that no collector of customs would presume to apply the terms “goods,” “wares,” and “merchandise” to persons. Mr. Sherman followed him in the same strain, and denied that persons were anywhere recognised as property in the Constitution. Finally, at the suggestion of Mr. Madison, Mr. Parker consented to withdraw his motion with the understanding that a separate bill should be brought in. A committee was appointed to discharge that duty, but the noble resolve found a quiet grave in the committee-room.
The failure of this first attempt, under the new Constitution, to restrict slavery, did not lame the cause to any great extent. It was rather accelerated. The manner and spirit of the debate on the subject quickened public thought, animated the friends of the Negro, and provoked many people to good works. Slavery had ceased to exist in Massachusetts. Several suits, entered by slaves against their masters for restraining their liberty, had been won. The case of Elizabeth Freeman, better known as “Mum Bet,” was regarded as the first-fruits of the Massachusetts Declaration of Rights in the new Constitution of 1780. The Duke de la Rochefoucault Laincort gives the following interesting account of the extinction of slavery in Massachusetts:—