Who proposed the Missouri Compromise

Who proposed the Missouri Compromise
The painting "American Progress" represents "Manifest Destiny" as Americans looked father west John Gast

After reaffirming their independence from Great Britain with the War of 1812, Americans looked westward to new horizons. Yet, as the United States moved west, new challenges arose regarding slavery’s expansion to new territories, including the Northwest Territories and territories created through the Louisiana Purchase. The Northwest Ordinance prohibited slavery in the Northwest Territories (Ohio, Indiana, Michigan Illinois, Wisconsin and parts of Minnesota); however, the debates over the organization Louisiana Purchase came to a head when Missouri applied for statehood in 1819. Although not the first American political compromise over slavery, the Missouri Compromise marked the beginning of an era where debates over slavery dominated the American political landscape.

In 1819, the Democratic-Republican Party had a monopoly over American politics as the Federalist Party ceased to exist following the War of 1812. However, factions existed within the Democratic-Republican Party which proved troublesome during Missouri’s bid for statehood. Representative James Tallmadge proposed as a condition of Missouri’s statehood that no further slaves could be imported into the state and all children born after Missouri’s admission to the Union shall be born free. This condition, known as the Tallmadge amendment, set out a plan for gradual emancipation in Missouri. Many northerners supported this amendment. However, one cannot equate northern support for this amendment with their support for emancipation and abolition. Many northerners were not abolitionists and in fact, by our modern standards, many held racist views on African Americans. Northerners mainly supported this amendment because they wanted to limit the political influence of southerners which was disproportionately large because of the three-fifths clause. Limiting slavery in the territories limited the representative boost gained from the three-fifths clause and denied southerners two extra Senate seats thereby limiting southern political influence.

While the Tallmadge amendment may seem reasonable to us today, in the antebellum era Americans (especially southerners) considered any political discussion of emancipation or abolition to be radical. In fact, southerners remained firmly opposed to any action that would limit the expansion of slavery in the territories. One reason was the commonly held belief that slavery needed to spread for it to survive. Tied into this belief was the fear of servile insurrection. Since many believed that if slavery could not expand westward, it would continue to grow on the east coast for a period, leaving a large concentration of slaves against a dwindling proportion of whites. Slaves would capitalize on their large population and engage in a large-scale revolt against their white masters inciting a horrifying race war. While this may seem farfetched, this scenario occurred during Haitian Rebellion in 1791, which remained on the forefront of southerners’ minds. Another reason why southerners supported slavery’s extension was for economic reasons. By 1820, human bodies served as the “cash crop” for Upper South states, specifically Virginia. Many Upper South slave owners would essentially breed slaves on their plantations and then sell them to Lower South states, which was incredibly lucrative. One Virginia slaveowner wrote in 1820 “a woman who brings a child every two years [is] more valuable than the best man on the farm.” For these reasons, southerners remained committed to allowing slavery in the new territories.

 On the floor of the House, Representative Thomas W. Cobb of Georgia looked Tallmadge dead in the eye and told him: “you have kindled a fire which all the waters in the ocean cannot put out, which seas of blood can only extinguish.”  While Cobb overly dramatized the situation, southern outrage over the Tallmadge amendment unified southerners against their northern counterparts and these whispers of sectional tensions grew as the antebellum period progressed. The House vote on the Tallmadge amendment was divided along sectional lines with northern representatives voting 80 to 14 in favor and southern representatives voting 64 to 2, against the amendment. The amendment narrowly passed the House. However, in the Senate southerners maintained greater influence and were able to block the passage of the amendment. The Tallmadge amendment failed which led to a deadlock in Congress. When Congress took their annual recess, the statehood bill lapsed.

Who proposed the Missouri Compromise
Map of the United States published in 1850 which shows the Missouri Compromise Line Wikimedia Commons

When the 16th Congress convened in December 1819 Congressmen reignited debates over Missouri statehood. However, President James Monroe, Speaker of the House Henry Clay and key Senate Democratic-Republicans worked behind the scenes on a compromise to solve this crisis.  Senate Democratic-Republicans linked the admission of Maine to the Union to Missouri’s admission, essentially holding Maine statehood hostage. Senate Democratic-Republicans would only let Maine’s statehood bill go through if Congress admitted Missouri into the Union without the Tallmadge amendment. However, most northern Congressmen held out until Senator Jesse Thomas of Illinois (who owned “indentured” workers) proposed that slavery be allowed in Missouri but prohibited in the remainder of the Louisiana Purchase north of the 36°30’ parallel, Missouri’s southern boundary. Enough northern Congressmen came around in support of this Thomas amendment to pass the Missouri Compromise in March 1820. Passed as a package, the Missouri Compromise included the Thomas Amendment and stipulated that Maine (a free state) and Missouri (a slave state) would be admitted into the Union at the same time. This set a precedent that states would be admitted in pairs to maintain sectional balance in the Senate and the Electoral College.

The Missouri Compromise prevented the break-up of the Democratic-Republican party along sectional lines. Although the party eventually split following the presidential election of John Quincy Adams with the Clay and Adams’ faction forming the National Republican Party and Andrew Jackson’s faction forming the Democrat Party. Unfortunately, Monroe’s role in this compromise is largely forgotten even though he was instrumental in its passage. The bill launched Clay’s reputation as “the Great Compromiser,” a reputation which continued until his death in 1852. This spirit of compromise prevailed throughout the antebellum period until the 1850s when sectional tensions reached its peak, in part because Clay helped orchestrate a variety of congressional compromises. In 1854 the Kansas-Nebraska Act repealed the Missouri Compromise by replacing the Thomas amendment with popular sovereignty, which led to Bleeding Kansas. Maintaining sectional balance was tantamount, and the Missouri Compromise essentially settled debates of the expansion of slavery in territories; only to be reopened thirty years later with the Mexican Cession.

Further Reading:

In an effort to preserve the balance of power in Congress between slave and free states, the Missouri Compromise was passed in 1820 admitting Missouri as a slave state and Maine as a free state. Furthermore, with the exception of Missouri, this law prohibited slavery in the Louisiana Territory north of the 36° 30´ latitude line. In 1854, the Missouri Compromise was repealed by the Kansas-Nebraska Act. Three years later the Missouri Compromise was declared unconstitutional by the Supreme Court in the Dred Scott decision, which ruled that Congress did not have the authority to prohibit slavery in the territories.

Who proposed the Missouri Compromise

This legislation admitted Missouri as a slave state and Maine as a non-slave state at the same time, so as not to upset the balance between slave and free states in the nation. It also outlawed slavery above the 36º 30' latitude line in the remainder of the Louisiana Territory.

With the purchase of the Louisiana Territory and the application of Missouri for statehood, the long-standing balance between the number of slave states and the number of free states would be changed. Controversy arose within Congress over the issue of slavery.

Congress adopted this legislation and admitted Missouri as a slave state and Maine as a non-slave state at the same time, so that the balance between slave and free states in the nation would remain equal.

The Missouri Compromise also proposed that slavery be prohibited above the 36º 30' latitude line in the remainder of the Louisiana Territory. This provision held for 34 years, until it was repealed by the Kansas-Nebraska Act of 1854. In 1857, the Supreme Court ruled that the Missouri Compromise was unconstitutional in its Dred Scott v. Sandford decision.

The document featured here is the conference committee's report on the Missouri Compromise.

An Act to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and to prohibit slavery in certain territories.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of that portion of the Missouri territory included within the boundaries herein after designated, be, and they are hereby, authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the Union, upon an equal footing with the original states, in all respects whatsoever.

SEC.2. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to wit: Beginning in the middle of the Mississippi river, on the parallel of thirty-six degrees of north latitude; thence west, along that parallel of latitude, to the St. Francois river; thence up, and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west, along the same, to a point where the said parallel is intersected by a meridian line passing through the middle of the mouth of the Kansas river, where the same empties into the Missouri river, thence, from the point aforesaid north, along the said meridian line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line to correspond with the Indian boundary line; thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines ; thence down arid along the middle of the main channel of the said river Des Moines, to the mouth of the same, where it empties into the Mississippi river; thence, due east, to the middle of the main channel of the Mississippi river; thence down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning : Provided, The said state shall ratify the boundaries aforesaid . And provided also, That the said state shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the said state so far as the said rivers shall form a common boundary to the said state; and any other state or states, now or hereafter to be formed and bounded by the same, such rivers to be common to both; and that the river Mississippi, and the navigable rivers and waters leading into the same, shall be common highways, and for ever free, as well to the inhabitants of the said state as to other citizens of the United States, without any tax, duty impost, or toll, therefor, imposed by the said state.

SEC. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory: three months previous to the day of election, and all other persons qualified to vote for representatives to the general assembly of the said territory, shall be qualified to be elected and they are hereby qualified and authorized to vote, and choose representatives to form a convention, who shall be apportioned amongst the several counties as follows :
From the county of Howard, five representatives. From the county of Cooper, three representatives. From the county of Montgomery, two representatives. From the county of Pike, one representative. From the county of Lincoln, one representative. From the county of St. Charles, three representatives. From the county of Franklin, one representative. From the county of St. Louis, eight representatives. From the county of Jefferson, one representative. From the county of Washington, three representatives. From the county of St. Genevieve, four representatives. From the county of Madison, one representative. From the county of Cape Girardeau, five representatives. From the county of New Madrid, two representatives. From the county of Wayne, and that portion of the county of Lawrence which falls within the boundaries herein designated, one representative.

And the election for the representatives aforesaid shall be holden on the first Monday, and two succeeding days of May next, throughout the several counties aforesaid in the said territory, and shall be, in every respect, held and conducted in the same manner, and under the same regulations as is prescribed by the laws of the said territory regulating elections therein for members of the general assembly, except that the returns of the election in that portion of Lawrence county included in the boundaries aforesaid, shall be made to the county of Wayne, as is provided in other cases under the laws of said territory.

SEC. 4. And be it further enacted, That the members of the conven tion thus duly elected, shall be, and they are hereby authorized to meet at the seat of government of said territory on the second Monday of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn to any other place in the said territory, which to them shall seem best for the convenient transaction of their business; and which convention, when so met, shall first determine by a majority of the whole number elected, whether it be, or be not, expedient at that time to form a constitution and state government for the people within the said territory, as included within the boundaries above designated; and if it be deemed expedient, the convention shall be, and hereby is, authorized to form a constitution and state government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion as they shall designate; and shall meet at such time and place as shall be prescribed by the said ordinance; and shall then form for the people of said territory, within the boundaries aforesaid, a constitution and state government: Provided, That the same, whenever formed, shall be republican, and not repugnant to the constitution of the United States; and that the legislature of said state shall never interfere with the primary disposal of the soil by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers ; and that no tax shall be imposed on lands the property of the United States ; and in no case shall non-resident proprietors be taxed higher than residents.

SEC. 5. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one representative in the House of Representatives of the United States.

SEC. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the said territory of Missouri, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States: First. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township, for the use of schools. Second. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said state for the use of said state, the same to be selected by the legislature of the said state, on or before the first day of January, in the year one thousand eight hundred and twenty-five ; and the same, when so selected, to be used under such terms, conditions, and regulations, as the legislature of said state shall direct: Provided, That no salt spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall, by this section, be granted to the said state: And provided also, That the legislature shall never sell or lease the same, at anyone time, for a longer period than ten years, without the consent of Congress. Third. That five per cent. of the net proceeds of the sale of lands lying within the said territory or state, and which shall be sold by Congress, from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three fifths shall be applied to those objects within the state, under the direction of the legislature thereof; and the other two fifths in defraying, under the direction of Congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state. Fourth. That four entire sections of land be, and the same are hereby, granted to the said state, for the purpose of fixing their seat of government thereon; which said sections shall, under the direction of the legislature of said state, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: Provided, That such locations shall be made prior to the public sale of the lands of the United States surrounding such location.

Fifth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of said state, to be appropriated solely to the use of such seminary by the said legislature: Provided, That the five foregoing propositions herein offered, are on the condition that the convention of the said state shall provide, by an ordinance, irrevocable without the consent or the United States, that every and each tract of land sold by the United States, from and after the firsl day of January next, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale; And further, That the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs remain exempt as aforesaid from taxation for the term of three year; from and after the date of the patents respectively.

SEC. 7. And be it further enacted, That in case a constitution and state government shall be formed for the people of the said territory of Missouri, the said convention or representatives, as soon thereafter as may be, shall cause a true and attested copy of such constitution or frame of state government, as shall be formed or provided, to be transmitted to Congress.

SEC. 8. And be it further enacted. That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited: Provided always, That any person escaping into the same, from whom labour or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labour or service as aforesaid.

APPROVED, March 6, 1820.