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The 1850s. United States in 1850. Free states. 36’30 ”. Slave states. What Caused the Civil War?. Slavery a growing moral issue in the North while it expanded in the South Constitutional dispute over Federal powers vs. States’ rights
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United States in 1850 Free states 36’30” Slave states
What Caused the Civil War? • Slavery a growing moral issue in the North while it expanded in the South • Constitutional dispute over Federal powers vs. States’ rights • Economic differences between industrial North and agricultural South (tariffs, banking, internal improvements, expansion) • Political errors and extremism on both sides
Wilmot Proviso 1846 • Mexican War (Mexican cession) gains upset the pre-1846 balance: • 15 free and 15 slave states for Senate • South held 38% seats in House (1850) • W.P. proposed during the war: no slavery in areas gained from Mexico (not Texas) • Supported by Free-Soilers, Northern Dems, and Northern Whigs (who also wanted all slaves and freemen excluded) • Passed House, defeated in pro-slave Senate
Slavery restricted under Wilmot Proviso 1846 Slavery prohibited 36’ 30”
Wilmot Proviso debate 1846 • Many Americans assumed Congress had power to legislate slavery in territories, (loose constructionist) as it had with NW Ordinance and Missouri Compromise in Louisiana Territory 1820 • Debate develops two new arguments: • Congress had moral duty to prohibit slavery where its power extended. Freedom national and slavery only sectional. Basis of Free Soil and Republican ideologies • Congress could not restrict slavery in territories, but was required to protect it there. Later backed by Supreme Court
Common Property Doctrine 1846-1847 • John C. Calhoun • Most extreme Southern position • Congress under Constitution had no power to regulate slavery in territories prior to statehood (strict construction) • All citizens have equal rights to take property into areas owned jointly by all states. Territories owned by states united, not United States. • Slaves were common-law property, like cattle • Only deep South Whigs and Dems supported
Common Property Doctrine 2 • Slavery ceased to be illegal in Mexican territory when lost by Mexico • Missouri Compromise unconstitutional • Slavery should follow the flag • Northerners feared that slavery would become untouchable • Dred Scott (1857) Supreme Court decision read the Constitution this way
Common Property Doctrine Map 1847 (pre-Oregon Terr.) Territories open to slavery under Common Property Doctrine
Missouri Compromise extension • President Polk (1845-1849) supported • Would hold slavery to a northern border, but not western border • Slave states could enter from Mexican cession • Polk and Northern Dems favored, might keep free-soil Dems in the party
Extend Missouri Compromise into Mexican cession Free 36’ 30” Slave
1850 36’ 30”
Popular Sovereignty • 1848 Cass (Dem) party platform • Let the settlers in a territory vote to decide • Congress and President not decision-makers
Cass’ Popular Sovereignty 1848(Oregon organized free 1848) Open to slavery under Pop Sov
Popular Sovereignty Doctrine (2) Territories closed to slavery under Pop Sov
Issues with Pop Sov and Common Property • Not clear when slavery is prohibited or allowed • Did not say if or how much a territory could regulate slavery • Territories could only decide when they are about to apply for statehood (Common Property) • Seems that slavery would have time to become established in new territories (pro-South) • No, territories could exclude slavery (pro-North) • Acceptable middle path since it avoided an immediate decision on the whole issue
Popular Sovereignty 1850 Areas still open to slavery applying 1850 Pop Sov Territories open to slavery under Pop Sov
Election of 1848 • Cass (D) Pop Sov • Taylor (W) Mexican War fame, took no position on slavery in election • Martin van Buren (Free Soil) • Anti-slavery Whigs and anti-slavery Dems • Not offered Dem nomination
Crisis of 1849-1850 • Gold and land in California attract 100,000 settlers • California has military governor, settlers select to skip from unorganized territory to statehood • Sept 1849 constitutional convention called, drafted anti-slavery constitution • Constitution approved 12,000 to 800 • Elections held for legislature and governor • Fully functioning as a state ready for 1850 • California applies for statehood as free 1849
California statehood • Split • Southern “fire-eaters” meet in Nashville in December 1849-1850 to discuss secession • Clay’s submits Compromise of 1850
States Convention • December 1849-1850 Nashville (States Rights) to discuss secession • Same time as Congress (December 1850) • Response to California application • Similar to Hartford Convention of 1814 • Radical Southerners attended from nine states • But passed only mild resolutions in the end
Why was the South worried? • Southern President • Southern majority on President’s cabinet • Southern majority on the Supreme Court • Equality in the Senate • Lowered tariff under Polk 1846 • 1801-1848 slavery extended to Louisiana, Florida, Texas, and Indian Territory (Oklahoma)
The Compromise of 1850 • California enters as free state • Mexican cession divided into Utah and New Mexico territories and settlers use Pop Sov • Land between Texas and New Mexico goes to New Mexico and US assumes Texas debt • Ban slave trade in D.C., but not slavery • New Fugitive Slave Law with stronger enforcement
1850 • Webster, Calhoun, and Clay gave their final great speeches in this debate • Clay for compromise • Webster for compromise • Calhoun against • Taylor blocked Compromise, but died in 1850 • Succeeded by Vice-President Millard Fillmore, who supported Compromise • Senator Stephen A. Douglas created necessary coalitions to pass, easing tensions 1850-1854
Bibliography • file:///C:/Documents%20and%20Settings/Faculty1/Local%20Settings/Temporary%20Internet%20Files/Content.IE5/4F0EQQ10/ppt14%5B1%5D.ppt#256,2,Map 14.1: The Compromise of 1850 • Newman, John M. and John M. Schmalbach. United States History: Preparing for the Advanced Placement examination. Amsco • http://teachpol.tcnj.edu/amer_pol_hist/fi/000000aa.htm