Mr. Parker was supported by two other Virginians, Theodoric Bland and James Madison, the latter declaring:
"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."[[37]]
But notwithstanding these appeals the movement was defeated, though the discussion was evidently fruitful in bringing to the attention of the country that under the constitution, Congress had authority not only to levy a tax of ten dollars per capita on slaves imported, but to prohibit citizens of the United States from engaging in the traffic with foreign countries. These latter conclusions were formally embodied in a report made to Congress on the 23rd of March, 1790, by a committee of which Josiah Parker of Virginia was one of the leading members. The adoption of this report stirred the opponents of the slave trade to greater activity and numerous petitions were presented at the next session of Congress from Maryland and Virginia and almost every one of the Northern States. In the Virginia petition, the slave trade was denounced as "an outrageous violation of one of the most essential rights of human nature."[[38]]
In his message to Congress, at its session, 1806-7, Mr. Jefferson, then President, brought to the attention of that body the fact that under the constitution the time was at hand when the African slave trade could be abolished, and urged the speedy enactment of such a law. He said:
"I congratulate you, fellow-citizens, on the approach of a period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have so long been continued on the unoffending inhabitants of Africa, and which the morality, the reputation and the best interests of our country have long been eager to proscribe."
An act was accordingly passed prohibiting the slave trade and imposing forfeitures and fines upon ships and ships' crews engaged in the traffic. The law also forfeited slaves so illegally imported and provided that the disposition of such slaves should be left to the states wherein they were found.
The African slave trade had flourished so long under the patronage and support of the leading nations of Christendom and with the acquiescence, at least, of the United States during the previous twenty years, that it was difficult by simple statutory enactment to put an end to the nefarious traffic. It will be seen, therefore, that the trade continued from time to time between the coast of Africa, the United States, West Indies and Brazil, despite the efforts of the Federal authorities to enforce the laws made for its suppression. In all these efforts Virginians, holding official places, were most earnest and energetic in their warfare against the trade.
In his message to Congress, December 5, 1810, President Madison declares:
"Among the commercial abuses still committed under the American flag ... it appears that American citizens are instrumental in carrying on the traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country,"
and urges Congress to devise further means for suppressing the evil.