Missouri Compromise
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The Missouri Compromise was a federal legislation of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
that balanced desires of northern states to prevent expansion of slavery in the country with those of southern states to expand it. It admitted
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
as a
slave state In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were not. Between 1812 and 1850, it was considered by the slave states ...
and
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
as a free state and declared a policy of prohibiting slavery in the remaining
Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or ap ...
lands north of the 36°30′ parallel. The
16th United States Congress The 16th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1819 ...
passed the legislation on March 3, 1820, and President
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
signed it on March 6, 1820. Earlier, in February 1819, Representative James Tallmadge Jr., a
Democratic-Republican The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
(Jeffersonian Republican) from
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, had submitted two amendments to Missouri's request for statehood that included restrictions on slavery. Southerners objected to any bill that imposed federal restrictions on slavery and believed that it was a state issue, as settled by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
. However, with the Senate evenly split at the opening of the debates, both sections possessing 11 states, the admission of Missouri as a slave state would give the South an advantage. Northern critics including Federalists and Democratic-Republicans objected to the expansion of slavery into the
Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or ap ...
territory on the Constitutional inequalities of the three-fifths rule, which conferred Southern representation in the federal government derived from a state's slave population. Jeffersonian Republicans in the North ardently maintained that a strict interpretation of the Constitution required that Congress act to limit the spread of slavery on egalitarian grounds. " orthernRepublicans rooted their antislavery arguments, not on expediency, but in egalitarian morality." "The Constitution aid northern Jeffersonians strictly interpreted, gave the sons of the founding generation the legal tools to hasten heremoval f slavery including the refusal to admit additional slave states." When free-soil Maine offered its petition for statehood, the Senate quickly linked the Maine and Missouri bills, making Maine admission a condition for Missouri entering the Union as a slave state. Senator
Jesse B. Thomas Jesse Burgess Thomas (1777May 2, 1853) was an American lawyer, judge and politician who served as a delegate from the Indiana Territory to the tenth Congress and later served as president of the Constitutional Convention which led to Illinois ...
of Illinois added a compromise proviso that excluded slavery from all remaining lands of the Louisiana Purchase north of the 36° 30' parallel. The combined measures passed the Senate, only to be voted down in the House by Northern representatives who held out for a free Missouri.
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Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the United States Senate, U.S. Senate and United States House of Representatives, House of Representatives. He was the seven ...
of
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
, in a desperate bid to break the deadlock, divided the Senate bills. Clay and his pro-compromise allies succeeded in pressuring half of the anti-restrictionist House Southerners to submit to the passage of the Thomas proviso and maneuvered a number of restrictionist House northerners to acquiesce in supporting Missouri as a slave state. While the Missouri question in the 15th Congress ended in stalemate on March 4, 1819, the House sustaining its northern antislavery position and the Senate blocking a slavery restricted statehood, it succeeded in the 16th Congress. The Missouri Compromise was very controversial, and many worried that the country had become lawfully divided along sectarian lines. The
Kansas–Nebraska Act The Kansas–Nebraska Act of 1854 () was a territorial organic act that created the territories of Kansas and Nebraska. It was drafted by Democratic Senator Stephen A. Douglas, passed by the 33rd United States Congress, and signed into law ...
effectively repealed the bill in 1854, and the Supreme Court declared it unconstitutional in ''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...
'' (1857), both of which increased tensions over slavery and contributed to the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
. The compromise both delayed the Civil War and sowed its seeds;
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
writing contemporaneously predicted the line it had drawn would someday tear the Union apart. 40 years later, the
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and
South South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþa ...
would split closely along the 36°30′ parallel and fight for four bloody years.


Era of Good Feelings and party "amalgamation"

The
Era of Good Feelings The Era of Good Feelings marked a period in the political history of the United States that reflected a sense of national purpose and a desire for unity among Americans in the aftermath of the War of 1812. The era saw the collapse of the Fed ...
, closely associated with the administration of President
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
(1817–1825), was characterized by the dissolution of national political identities. With the Federalists discredited by the
Hartford Convention The Hartford Convention was a series of meetings from December 15, 1814, to January 5, 1815, in Hartford, Connecticut, United States, in which the New England Federalist Party met to discuss their grievances concerning the ongoing War of 1812 and ...
against the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It be ...
, they were in decline nationally, and the "amalgamated" or hybridized Republicans adopted key Federalist economic programs and institutions, further erasing party identities and consolidating their victory. The economic nationalism of the
Era of Good Feelings The Era of Good Feelings marked a period in the political history of the United States that reflected a sense of national purpose and a desire for unity among Americans in the aftermath of the War of 1812. The era saw the collapse of the Fed ...
authorized the
Tariff of 1816 The Tariff of 1816, also known as the Dallas Tariff, is notable as the first tariff passed by Congress with an explicit function of protecting U.S. manufactured items from overseas competition. Prior to the War of 1812, tariffs had primarily ...
and incorporated the
Second Bank of the United States The Second Bank of the United States was the second federally authorized Hamiltonian national bank in the United States. Located in Philadelphia, Pennsylvania, the bank was chartered from February 1816 to January 1836.. The Bank's formal name, ...
, which portended an abandonment of the Jeffersonian political formula for
strict construction In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term ...
of the Constitution, a limited central government, and commitments to the primacy of Southern agrarian interests. The end of opposition parties also meant the end of party discipline and the means to suppress internecine factional animosities. Rather than produce political harmony, as President James Monroe had hoped, amalgamation had led to intense rivalries among
Democratic-Republicans The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the ear ...
. It was amid that period's "good feelings" during which
Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the earl ...
discipline was in abeyance that the Tallmadge Amendment surfaced.


Louisiana Purchase and Missouri Territory

The immense
Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or ap ...
territories had been acquired through federal executive action, followed by Republican legislative authorization in 1803 under President
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
. Prior to its purchase in 1803, the governments of Spain and
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had already sanctioned and promoted slavery in the region. Enslaved African Americans accounted for twenty to thirty percent of the non-Native American population in and around the main settlements of St. Louis and Ste. Genevieve. In 1804, Congress limited the further introduction of enslaved men and women to those introduced by actual settlers. In addition, in appointing the officials from the Indiana Territory to Upper Louisiana (as Missouri was known until 1812), Congress heightened concerns that it intended to extend some sort of prohibition on slavery's growth across the river. White Missourians objected to these restrictions, and in 1805, Congress withdrew them. The final version of the 1805 territorial ordinance omitted all references to slavery. Under the 1805 ordinance, slavery existed legally in Missouri (which included all of the Louisiana Purchase outside of Louisiana) by force of local law and territorial statute, rather than by territorial ordinance, as was the case in other territories where slavery was permitted. It is unknown if Congress purposely omitted any reference to slavery or Article VI in the 1805 territorial ordinance. Nonetheless, over the next fifteen years, some restrictionists – including Amos Stoddard - claimed that this omission was deliberate, intended to allow the United States government to prohibit slavery in Missouri if circumstances proved more favorable in the future. In 1812, Louisiana, a major cotton producer and the first to be carved from the Louisiana Purchase, had entered the Union as a slave state. Predictably, Missourians were adamant that slave labor should not be molested by the federal government. In the years after the War of 1812, the region, now known as
Missouri Territory The Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812, until August 10, 1821. In 1819, the Territory of Arkansas was created from a portion of its southern area. In 1821, a southea ...
, experienced rapid settlement, led by slaveholding planters. Agriculturally, the land in the lower reaches of the Missouri River, from which that new state would be formed, had no prospects as a major cotton producer. Suited for diversified farming, the only crop regarded as promising for slave labor was hemp culture. On that basis, southern planters immigrated with their chattel to Missouri, and the slave population rose from 3,101 in 1810 to 10,000 in 1820. Out of the total population of 67,000, slaves represented about 15%. By 1819, the population of Missouri Territory was approaching the threshold that would qualify it for statehood. An enabling act was provided to Congress empowering territorial residents to select convention delegates and draft a state constitution. The admission of Missouri Territory as a slave state was expected to be more-or-less routine.


Congress debates in 1819

When the Missouri statehood bill was opened for debate in the House of Representatives on February 13, 1819, early exchanges on the floor proceeded without serious incident. In the course of the proceedings, however, Representative James Tallmadge Jr. of New York "tossed a bombshell into the Era of Good Feelings" with the following amendments: A political outsider, the 41-year-old Tallmadge conceived his amendment based on a personal aversion to slavery. He had played a leading role in accelerating the emancipation of the remaining slaves in New York in 1817 and had campaigned against Illinois's
Black Codes The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans (free and freed blacks). In 1832, James Kent wrote that "in most of the United States, there is a distinction in respect to political p ...
. Though ostensibly free-soil, the new state had a constitution that permitted indentured servitude and a limited form of slavery. As a New York Republican, Tallmadge maintained an uneasy association with Governor
DeWitt Clinton DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely re ...
, a former Republican who depended on support from ex-Federalists. Clinton's faction was hostile to Tallmadge for his spirited defense of General
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
's contentious
invasion An invasion is a military offensive in which large numbers of combatants of one geopolitical entity aggressively enter territory owned by another such entity, generally with the objective of either: conquering; liberating or re-establishing ...
of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
. After proposing the amendment, Tallmadge fell ill, and Representative John W. Taylor, a fellow New York Republican, stepped in to fill the void. Taylor also had antislavery credentials since in February 1819, he had proposed a similar slave restriction for
Arkansas Territory The Arkansas Territory was a territory of the United States that existed from July 4, 1819, to June 15, 1836, when the final extent of Arkansas Territory was admitted to the Union as the State of Arkansas. Arkansas Post was the first territo ...
in the House, which was defeated 89–87. In a speech before the House during the debate on the Tallmadge Amendment, Taylor was highly critical of southern lawmakers, who frequently voiced their dismay that slavery was entrenched and necessary to their existence, and he warned that Missouri's fate would "decide the destiny of millions" in future states in the
American West The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the Wes ...
. The controversy on the amendment and the future of slavery in the nation created much dissension among Jeffersonian Republicans and polarized the party. Northern Jeffersonian Republicans formed a coalition across factional lines with remnants of the Federalists. Southern Jeffersonians united in almost unanimous opposition. The ensuing debates pitted the northern "restrictionists", antislavery legislators who wished to bar slavery from the Louisiana Territory and all future states and territories, and southern "anti-restrictionists", proslavery legislators who rejected any interference by Congress that inhibited slavery expansion. The sectional "rupture" over slavery among Jeffersonian Republicans, first exposed in the Missouri Crisis, had its roots in the Revolutionary generation. Five Representatives in Maine were opposed to spreading slavery into new territories. Dr. Brian Purnell, a professor of Africana Studies and US history at
Bowdoin College Bowdoin College ( ) is a private liberal arts college in Brunswick, Maine. When Bowdoin was chartered in 1794, Maine was still a part of the Commonwealth of Massachusetts. The college offers 34 majors and 36 minors, as well as several joint eng ...
, writes in ''
Portland Magazine ''Portland Magazine'', also known as ''Portland Monthly'' since its inception, is a monthly magazine based in Maine. Founded in October 1985 by Colin Sargent and Nancy Sargent of Sargent Publishing, Inc., it has featured notable writers such as P ...
'', "Martin Kinsley, Joshua Cushman, Ezekiel Whitman, Enoch Lincoln, and James Parker—wanted to prohibit slavery's spread into new territories. In 1820, they voted against the Missouri Compromise and against Maine's independence. In their defense, they wrote that, if the North, and the nation, embarked upon this Compromise—and ignored what experiences proved, namely that southern slaveholders were determined to dominate the nation through ironclad unity and perpetual pressure to demand more land, and more slaves—then these five Mainers declared Americans "shall deserve to be considered a besotted and stupid race, fit, only, to be led blindfold; and worthy, only, to be treated with sovereign contempt".


Jeffersonian Republicanism and slavery

The Missouri crisis marked a rupture in the Republican Ascendency, the national association of Jeffersonian Democratic-Republicans that had dominated federal politics since the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It be ...
. The
Founding Fathers The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
had inserted both principled and expedient elements in the establishing documents. The
Declaration of Independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...
in 1776 had been grounded on the claim that liberty established a moral ideal that made universal equality a common right. The Revolutionary generation had formed a government of limited powers in 1787 to embody the principles in the Declaration but "burdened with the one legacy that defied the principles of 1776", human bondage. In a pragmatic commitment to form the Union, the federal apparatus would forego any authority to interfere directly with the institution of slavery if it existed under local control by the states. The acknowledgment of state sovereignty provided for the participation of the states that were the most committed to slave labor. With that understanding, slaveholders had co-operated in authorizing the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
in 1787 and outlawing the
trans-Atlantic slave trade The Atlantic slave trade, transatlantic slave trade, or Euro-American slave trade involved the transportation by slave traders of enslaved African people, mainly to the Americas. The slave trade regularly used the triangular trade route and ...
in 1808. The Founders sanctioned slavery but did so with the implicit understanding that the slave states would take steps to relinquish the institution as opportunities arose. Southern states, after the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, had regarded slavery as an institution in decline except for
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and
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
. That was manifest in the shift towards diversified farming in the
Upper South The Upland South and Upper South are two overlapping cultural and geographic subregions in the inland part of the Southern and lower Midwestern United States. They differ from the Deep South and Atlantic coastal plain by terrain, history, econom ...
; the gradual emancipation of slaves in
New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...
and more significantly in Mid-Atlantic States. In the 1790s, with the introduction of the
cotton gin A cotton gin—meaning "cotton engine"—is a machine that quickly and easily separates cotton fibers from their seeds, enabling much greater productivity than manual cotton separation.. Reprinted by McGraw-Hill, New York and London, 1926 (); a ...
, to 1815, with the vast increase in demand for cotton internationally, slave-based agriculture underwent an immense revival that spread the institution westward to the
Mississippi River The Mississippi River is the List of longest rivers of the United States (by main stem), second-longest river and chief river of the second-largest Drainage system (geomorphology), drainage system in North America, second only to the Hudson B ...
. Antislavery elements in the South vacillated, as did their hopes for the imminent demise of human bondage. However rancorous the disputes were by southerners themselves over the virtues of a slave-based society, they united against external challenges to their institution. They believed that free states were not to meddle in the affairs of slave states. Southern leaders, virtually all of whom identified as Jeffersonian Republicans, denied that northerners had any business encroaching on matters related to slavery. Northern attacks on the institution were condemned as incitements to riot by slave populations, which was deemed to be a dire threat to white southerners' security. Northern Jeffersonian Republicans embraced the Jeffersonian antislavery legacy during the Missouri debates and explicitly cited the Declaration of Independence as an argument against expanding the institution. Southern leaders, seeking to defend slavery, renounced the document's universal egalitarian applications and its declaration that " all men are created equal."


Struggle for political power


"Federal ratio" in House

Article 1, Section 2, of the US Constitution supplemented legislative representation in states whose residents owned slaves. Known as the Three-Fifths Clause, or the "federal ratio", three-fifths of the slave population was numerically added to the free population. That sum was used for each state to calculate congressional districts and the number of delegates to the Electoral College. The federal ratio produced a significant number of legislative victories for the South in the years before the Missouri Crisis and raised the South's influence in party caucuses, the appointment of judges, and the distribution of patronage. It is unlikely that the ratio before 1820 was decisive in affecting legislation on slavery. Indeed, with the rising northern representation in the House, the southern share of the membership had declined since the 1790s. Hostility to the federal ratio had historically been the object of the Federalists, which were now nationally ineffectual, who attributed their collective decline on the " Virginia Dynasty". They expressed their dissatisfaction in partisan terms, rather than in moral condemnation of slavery, and the pro-De Witt Clinton-Federalist faction carried on the tradition by posing as antirestrictionists to advance their fortunes in New York politics. Senator
Rufus King Rufus King (March 24, 1755April 29, 1827) was an American Founding Father, lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress and the Philadelphia Convention and was one of the signers of the Uni ...
of New York, a Clinton associate, was the last Federalist icon still active on the national stage, a fact that was irksome to southern Republicans. A signatory to the US Constitution, he had strongly opposed the federal ratio in 1787. In the 15th Congress debates in 1819, he revived his critique as a complaint that
New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...
and the Mid-Atlantic States suffered unduly from the federal ratio and declared himself 'degraded' (politically inferior) to the slaveholders. Federalists both in the North and the South preferred to mute antislavery rhetoric, but during the 1820 debates in the 16th Congress, King and other Federalists would expand their old critique to include moral considerations of slavery. Republican James Tallmadge Jr. and the Missouri restrictionists deplored the federal ratio because it had translated into political supremacy for the South. They had no agenda to remove it from the Constitution but only to prevent its further application west of the Mississippi River. As determined as southern Republicans were to secure Missouri statehood with slavery, the federal clause ratio to provide the margin of victory in the 15th Congress. Blocked by northern Republicans, largely on egalitarian grounds, with sectional support from Federalists, the statehood bill died in the Senate, where the federal ratio had no relevance. The balance of power between the sections and the maintenance of Southern pre-eminence on matters related to slavery resided in the Senate.


"Balance of power" in Senate

Northern majorities in the House did not translate into political dominance. The fulcrum for proslavery forces resided in the Senate, where constitutional compromise in 1787 had provided for two senators per state, regardless of its population. The South, with its smaller free population than the North, benefited from that arrangement. Since 1815, sectional parity in the Senate had been achieved through paired admissions, which left the North and the South, during the application of Missouri Territory, at 11 states each. The South, voting as a bloc on measures that challenged slaveholding interests and augmented by defections from free states with southern sympathies, was able to tally majorities. The Senate stood as the bulwark and source of the Slave Power, which required admission of slave states to the Union to preserve its national primacy. Missouri statehood, with the Tallmadge Amendment approved, would have set a trajectory towards a free state west of the Mississippi and a decline in southern political authority. The question as to whether the Congress was allowed to restrain the growth of slavery in Missouri took on great importance in slave states. The moral dimensions of the expansion of human bondage would be raised by northern Republicans on constitutional grounds.


Constitutional arguments

The Tallmadge Amendment was "the first serious challenge to the extension of slavery" and raised questions concerning the interpretation of the republic's founding documents. Jeffersonian Republicans justified Tallmadge's restrictions on the grounds that Congress possessed the authority to impose territorial statutes that would remain in force after statehood was established. Representative John W. Taylor pointed to Indiana and Illinois, where their free state status conformed to antislavery provisions of the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
. Further, antislavery legislators invoked Article IV, Section 4 of the Constitution, which requires states to provide a republican form of government. As the Louisiana Territory was not part of the United States in 1787, they argued that introducing slavery into Missouri would thwart the egalitarian intent of the Founders. Proslavery Republicans countered that the Constitution had long been interpreted as having relinquished any claim to restricting slavery in the states. The free inhabitants of Missouri in the territorial phase or during statehood had the right to establish or disestablish slavery without interference from the federal government. As to the Northwest Ordinance, southerners denied that it could serve as a lawful antecedent for the territories of the Louisiana Purchase, as the ordinance had been issued under the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
, rather than the US Constitution.Varon, 2008. p. 40 As a legal precedent, they offered the treaty acquiring the Louisiana lands in 1803, a document that included a provision, Article 3, which extended the rights of US citizens to all inhabitants of the new territory, including the protection of property in slaves. When slaveholders embraced Jeffersonian constitutional strictures on a limited central government, they were reminded that Jefferson, as president in 1803, had deviated from those precepts by wielding federal executive power to double the size of the United States, including the lands under consideration for Missouri statehood. In doing so, he set a constitutional precedent that would serve to rationalize Tallmadge's federally-imposed slavery restrictions. The 15th Congress had debates that focused on constitutional questions but largely avoided the moral dimensions raised by the topic of slavery. That the unmentionable subject had been raised publicly was deeply offensive to southern representatives and violated the long-time sectional understanding between legislators from free states and slave states. Missouri statehood confronted southern Jeffersonians with the prospect of applying the egalitarian principles espoused by the Revolutionary generation. That would require halting the spread of slavery westward and confine the institution to where it already existed. Faced with a population of 1.5 million slaves and the lucrative production of cotton, the South would abandon hopes for containment. Slaveholders in the 16th Congress, in an effort to come to grips with that paradox, resorted to a theory that called for extending slavery geographically so as to encourage its decline, which they called "diffusion".


Stalemate

On February 16, 1819, the House
Committee of the Whole A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) c ...
voted to link Tallmadge's provisions with the Missouri statehood legislation by 79–67. After the committee vote, debates resumed over the merits of each of Tallmadge's provisions in the enabling act. The debates in the House's 2nd session in 1819 lasted only three days. They have been characterized as "rancorous", "fiery", "bitter", "blistering", "furious" and "bloodthirsty". Representatives from the North outnumbered those from the South in House membership 105 to 81. When each of the restrictionist provisions was put to the vote, they passed along sectional lines: 87 to 76 for prohibition on further slave migration into Missouri and 82 to 78 for emancipating the offspring of slaves at 25. The enabling bill was passed to the Senate, and both parts of it were rejected: 22–16 against the restriction of new slaves in Missouri (supported by five northerners, two of whom were the proslavery legislators from the free state of Illinois) and 31–7 against the gradual emancipation for slave children born after statehood. House antislavery restrictionists refused to concur with the Senate proslavery anti-restrictionists, and Missouri statehood would devolve upon the 16th Congress in December 1819.


Federalist "plots" and "consolidation"

The Missouri Compromise debates stirred suspicions by slavery interests that the underlying purpose of the Tallmadge Amendments had little to do with opposition to the expansion of slavery. The accusation was first leveled in the House by the Republican anti-restrictionist John Holmes from the District of Maine. He suggested that Senator Rufus King's "warm" support for the Tallmadge Amendment concealed a conspiracy to organize a new antislavery party in the North, which would be composed of old Federalists in combination with disaffected antislavery Republicans. The fact that King in the Senate and Tallmadge and Tyler in the House, all New Yorkers, were among the vanguard for restriction on slavery in Missouri lent credibility to those charges. When King was re-elected to the US Senate in January 1820, during the 16th Congress debates and with bipartisan support, suspicions deepened and persisted throughout the crisis. Southern Jeffersonian Republican leadership, including President Monroe and ex-President Thomas Jefferson, considered it as an article of faith that Federalists, given the chance, would destabilize the Union as to restore monarchical rule in North America and "consolidate" political control over the people by expanding the functions of the federal government. Jefferson, at first unperturbed by the Missouri question, soon became convinced that a northern conspiracy was afoot, with Federalists and crypto-Federalists posing as Republicans and using Missouri statehood as a pretext. The disarray of the Republican ascendancy brought about by amalgamation made fears abound in Southerners that a Free State Party might take shape if Congress failed to reach an understanding over Missouri and slavery and possibly threaten southern pre-eminence. Secretary of State
John Quincy Adams John Quincy Adams (; July 11, 1767 – February 23, 1848) was an American statesman, diplomat, lawyer, and diarist who served as the sixth president of the United States, from 1825 to 1829. He previously served as the eighth United States ...
of Massachusetts surmised that the political configuration for just such a sectional party already existed. That the Federalists were anxious to regain a measure of political participation in national politics was indisputable. There was no basis, however, for the charge that Federalists had directed Tallmadge in his antislavery measures, and there was nothing to indicate that a New York-based King-Clinton alliance sought to erect an antislavery party on the ruins of the Republican Party. The allegations by Southern interests for slavery of a "plot" or that of "consolidation" as a threat to the Union misapprehended the forces at work in the Missouri crisis. The core of the opposition to slavery in the Louisiana Purchase was informed by Jeffersonian egalitarian principles, not a Federalist resurgence.


Development in Congress

Because it no longer wanted to be part of non-contiguous Massachusetts after the War of 1812, the northern region of
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
, the District of Maine, sought and ultimately gained admission into the United States as a free state to become the separate state of
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
. That occurred only as a result of a compromise involving slavery in Missouri and in the federal territories of the
American West The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the Wes ...
. The admission of another slave state would increase southern power when northern politicians had already begun to regret the Constitution's Three-Fifths Compromise. Although more than 60 percent of
white Americans White Americans are Americans who identify as and are perceived to be white people. This group constitutes the majority of the people in the United States. As of the 2020 Census, 61.6%, or 204,277,273 people, were white alone. This represented ...
lived in the North, northern representatives held only a slim majority of congressional seats by 1818. The additional political representation allotted to the South as a result of the Three-Fifths Compromise gave southerners more seats in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
than they would have had if the number was based on the free population alone. Moreover, since each state had two Senate seats, Missouri's admission as a slave state would result in more southern than northern senators. A bill to enable the people of the
Missouri Territory The Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812, until August 10, 1821. In 1819, the Territory of Arkansas was created from a portion of its southern area. In 1821, a southea ...
to draft a constitution and form a government preliminary to admission into the Union came before the House of Representatives in
Committee of the Whole A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) c ...
, on February 13, 1819. James Tallmadge of
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
offered the Tallmadge Amendment, which forbade further introduction of slaves into Missouri and mandated that all children of slave parents born in the state after its admission to be free at the age of 25. The committee adopted the measure and incorporated it into the bill as finally passed on February 17, 1819, by the House. The Senate refused to concur with the amendment, and the whole measure was lost. During the following session (1819–1820), the House passed a similar bill with an amendment, introduced on January 26, 1820, by John W. Taylor of
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, allowing Missouri into the union as a slave state. The question had been complicated by the admission in December of
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...
, a
slave state In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were not. Between 1812 and 1850, it was considered by the slave states ...
, which made the number of slave and free states equal. In addition, there was a bill in passage through the House (January 3, 1820) to admit
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and nor ...
as a free state. The Senate decided to connect the two measures. It passed a bill for the admission of Maine with an amendment enabling the people of Missouri to form a state constitution. Before the bill was returned to the House, a second amendment was adopted, on the motion of
Jesse B. Thomas Jesse Burgess Thomas (1777May 2, 1853) was an American lawyer, judge and politician who served as a delegate from the Indiana Territory to the tenth Congress and later served as president of the Constitutional Convention which led to Illinois ...
of
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
, to exclude slavery from the Louisiana Territory north of 36°30 north, the southern boundary of Missouri, except within the limits of the proposed state of Missouri.Greeley, Horace.
A History of the Struggle for Slavery Extension Or Restriction in the United States
', p. 28 (Dix, Edwards & Co. 1856, reprinted by Applewood Books 2001).
The vote in the Senate was 24-20 for the compromise. The amendment and the bill passed in the Senate on February 17 and February 18, 1820. The House then approved the Senate compromise amendment, 90–87, with all of the opposition coming from representatives from the free states. The House then approved the whole bill 134–42 with opposition from the southern states.


Second Missouri Compromise

The two houses were at odds on the issue of the legality of slavery but also on the parliamentary question of the inclusion of Maine and Missouri in the same bill. The committee recommended the enactment of two laws, one for the admission of Maine and the other an enabling act for Missouri. It also recommended having no restrictions on slavery but keeping the Thomas Amendment. Both houses agreed, and the measures were passed on March 5, 1820, and signed by President
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
on March 6. The question of the final admission of Missouri came up during the session of 1820–1821. The struggle was revived over a clause in Missouri's new constitution, written in 1820, which required the exclusion of "free negroes and mulattoes" from the state. The influence of
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
Senator
Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the United States Senate, U.S. Senate and United States House of Representatives, House of Representatives. He was the seven ...
, known as "The Great Compromiser", an act of admission was finally passed if the exclusionary clause of the Missouri constitution should "never be construed to authorize the passage of any law" impairing the privileges and immunities of any U.S. citizen. That deliberately ambiguous provision is sometimes known as the Second Missouri Compromise.


Impact on political discourse

For decades afterward, Americans hailed the 1820 agreement as an essential compromise, almost on the sacred level of the Constitution itself. Although the Civil War broke out in 1861, historians often say that the Compromise helped postpone the war. The disputes involved the competition between the southern and northern states for power in Congress and control over future territories. There were also the same factions emerging, as the
Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the earl ...
began to lose its coherence. In an April 22 letter to John Holmes,
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
wrote that the division of the country created by the Compromise Line would eventually lead to the destruction of the Union: The debate over the admission of Missouri also raised the issue of sectional balance, as the country was equally divided between slave states and free states, with eleven each. To admit Missouri as a slave state would tip the balance in the Senate, which is made up of two senators per state, in favor of the slave states. That made northern states want Maine admitted as a free state. Maine was admitted in 1820, and Missouri in 1821, The trend of admitting a new free or slave state to balance the status of previous ones would continue up until 1850. The next state to be admitted would be
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
(slave state) in 1836, quickly followed by
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
(free state) in 1837. In 1845, two slave states (
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
and
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
) were admitted, which was countered by the free states of
Iowa Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...
and
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
in 1846 and 1848. From the constitutional standpoint, the Missouri Compromise was important as the example of congressional exclusion of slavery from US territory acquired since the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
. Nevertheless, the Compromise was deeply disappointing to blacks in both the North and the South, as it stopped the Southern progression of gradual emancipation at Missouri's southern border, and it legitimized slavery as a southern institution.


Repeal

The provisions of the Missouri Compromise forbidding slavery in the former Louisiana Territory north of the parallel 36°30′ north were effectively repealed by Stephen A. Douglas's
Kansas–Nebraska Act The Kansas–Nebraska Act of 1854 () was a territorial organic act that created the territories of Kansas and Nebraska. It was drafted by Democratic Senator Stephen A. Douglas, passed by the 33rd United States Congress, and signed into law ...
of 1854. The repeal of the Compromise caused outrage in the North and sparked the return to politics of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation throu ...
, who criticized slavery and excoriated Douglas's act in his " Peoria Speech" (October 16, 1854).


See also

*
Compromise of 1790 The Compromise of 1790 was a compromise between Alexander Hamilton, Thomas Jefferson, and James Madison, where Hamilton won the decision for the national government to take over and pay the state debts, and Jefferson and Madison obtained the nati ...
*
Compromise of 1850 The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850 that defused a political confrontation between slave and free states on the status of territories acquired in the Mexican–Am ...
*
Kansas–Nebraska Act The Kansas–Nebraska Act of 1854 () was a territorial organic act that created the territories of Kansas and Nebraska. It was drafted by Democratic Senator Stephen A. Douglas, passed by the 33rd United States Congress, and signed into law ...
*
Origins of the American Civil War Historians who debate the origins of the American Civil War focus on the reasons that seven Southern states (followed by four other states after the onset of the war) declared their secession from the United States (the Union) and united to ...
* Royal Colonial Boundary of 1665 * Tallmadge Amendment *
Slave Trade Act Slave Trade Act is a stock short title used for legislation in the United Kingdom and the United States that relates to the slave trade. The "See also" section lists other Slave Acts, laws, and international conventions which developed the c ...
s *''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...
'' *
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...


References


Bibliography

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Further reading

* * * * * * * * * * *


External links


Library of Congress – Missouri Compromise and Related ResourcesEDSITEment's lesson plan Early Threat of Session Missouri Compromise 1820Oklahoma Digital Maps: Digital Collections of Oklahoma and Indian Territory
{{Authority control 16th United States Congress 1820 in American politics 1820 in law History of United States expansionism Legal history of Missouri Presidency of James Monroe United States slavery law United States federal territory and statehood legislation Missouri in the American Civil War Origins of the American Civil War Political compromises in the United States Expansion of slavery in the United States History of slavery in Missouri