The question as to what should be done with the blacks turned out to be the most important matter brought before the legislature. Three-fourths of the session was devoted to the discussion of such questions as the removal of the free Negroes and the colonization of such slaves as masters could be induced to give up. The legislature met on the 5th of December and after going through the preliminaries of organization listened to the message of the Governor which had the insurrection as its most prominent feature. When the petitions from the various counties began to come in, there soon prevailed a motion that so much of the Governor's message as related to the insurrection of slaves and the removal of the free Negroes be referred to a select committee, which after prolonged deliberation found it difficult to agree upon a report.

Desiring to protect the interests of slavery, William O. Goode, of Mecklenburg County, moved on the eleventh of January that the select committee appointed to consider the memorials bearing on slaves free Negroes and the Southampton massacre be discharged from the consideration of all petitions, memorials and resolutions, which had for their object the manumission of slaves. The resolution further declared that it was not expedient to legislate on slavery.[25] Whereupon Thomas Jefferson Randolph, of Albemarle County, moved to amend this resolution so as to instruct the committee to inquire into the expediency and to report a bill to submit to the voters of the State the propriety of providing by law that the children of all female slaves who might be born in that State on or after the fourth day of July, 1840, should become the property of the commonwealth, the males at the age of twenty-one years and females at the age of eighteen, if detained by their owners within the limits of the commonwealth, until they should respectively arrive at the ages aforesaid. They would then be hired out until the net sum arising therefrom should be sufficient to defray the expenses of their removal beyond the limits of the United States.[26]

After several days of heated but fruitless discussion marked by adjournment to calm the troubled waters, the question assumed a new phase when William H. Brodnax, the chairman of the select committee, reported the resolution: That it is inexpedient for the present to make any legislative enactments for the abolition of slavery. Whereupon Mr. William A. Patterson of Chesterfield County moved to amend this resolution so as to read: That it was expedient to adopt some legislative enactments for the abolition of slavery.[27] Around Goode's motion, Randolph's substitute and Preston's amendments centered an exciting debate showing such a wide difference of opinion that the publicity caused about as much excitement as Nat Turner's insurrection itself. Many citizens protested against such an open discussion, knowing that slaves able to read might thereby be induced to rise again.[28] This fear, however, did not serve very well as a restraining factor.

The warning sounded by some of these people is significant. The Richmond Enquirer the chief organ of thought in the State expressed in a strong editorial that the evils of slavery were alarming and urged that some definite action be taken immediately since the policy of deferring the solution of the problem for future generations had brought the commonwealth to grief.[29] Certain ladies from Fluvanna County said in their memorial: "We cannot conceal from ourselves that an evil is among us, which threatens to outgrow the growth and eclipse the brightness of our national blessings."[30] Brodnax deplored the fact that the time had come in Virginia "When men were found to lock their doors and open them in the morning to receive their servants to light their fires, with pistols in their hands."[31]

A summary of this debate shows that a few members of the legislature desired instant abolition, a much larger number, probably a majority of the body, wanted to work out some scheme for gradual emancipation, and others feeling that the slaves could be controlled by severe laws, endeavored to restrict the effort to the removal of the free people of color. Certain citizens of Hanover desired to lay a tax on slaves and free Negroes to raise funds to deport them all.[32] The unfortunate development, however, was that no one knew exactly what he wanted, no one came to the legislature with a well-matured plan to remedy the evils, and every man seemed to be governed in his action by his local interests rather than those of the commonwealth.

The Preston amendment was, after an exciting discussion, finally defeated on the 25th of January by a vote of 58 to 73. Thereupon on motion of Mr. Archibald Bryce, of Goochland County, the legislature amended the report of the select committee by inserting the following: "Profoundly sensible of the great evils arising from the condition of the colored population of this commonwealth induced by humanity, as well as by policy to an immediate effort for the removal in the first place, as well of those who are now free, as of such as may hereafter become free: believing that this effort, while it is in just accordance with the sentiment of the community on the subject, will absorb all our present means, and that a further action for the removal of the slaves should await a more definite development of public opinion.[33]

This resolution aptly describes the situation resulting after the prolonged discussion. A majority of the members believed that slavery was an evil, but no one was willing to pay the cost of exterminating it. It was easily shown that because of unprofitable slave labor the commonwealth was lagging behind the free States and that the free labor essential to the rebuilding of the waste places in the State would never come to the commonwealth as long as there would be competition with slave labor. It was soon apparent, however, that a State with such a diversity of interests, one-half slave and one-half free could not legislate on slavery. This compromising resolution of procrastination, therefore, was adopted as the best Virginia could under the circumstances be induced to do for the extermination[34] of its worst evil.

The debate proved to be valuable to the abolitionists. In the course of his remarks Mr. Brodnax declared that the confidence of the people seemed to be gone. "Under such circumstances life becomes a burthen and it is better to seek a home in some distant realm and leave the graves of our fathers than endure so precarious a condition." It was evident, he thought, that something must be done; and although measures for the removal of this evil might not, perhaps be arrived at immediately yet some plan for its gradual eradication would probably be hit upon. A system might be concocted by degrees to embrace the whole subject and it was therefore necessary to consider it in all its bearings.[35]

Mr. Chandler said that he in common with his constituents looked forward to the passage of a law for the removal of the free blacks. He was also in favor of the consideration of any plan which might remove entirely at some future time, the greatest curse that had ever been inflicted upon this State. He would look upon the day on which the deliverance of the commonwealth from the burden of slavery should be accomplished as the most glorious in the annals of Virginia since the fourth of July, 1776.[36] Mr. Moore did not wish to entangle the committee on the subject of getting rid of the free black population of this State. That population, he knew, was a nuisance which the interests of the people required to remove, but there was another and a greater nuisance, slavery itself. He wished that it should be considered and if it were possible to devise any plan for the ultimate extinction of slavery, he would rejoice.[37]

Mr. Bolling rose in his remarks to a height of moral sublimity. "We talk of freedom," said he, "while slavery exists in this land; and speak with horror of the tyranny of the Turk. We foster an evil which the highest interests of the community require should be removed, which was denounced as the bans of our happiness by the Father of the Commonwealth and to which we trace the cause of the lamentable depression of Eastern Virginia. Every intelligent individual admits that slavery is the most pernicious evil with which a body politic can be afflicted."[38]