The Compromises

1. The Compromises Efforts to avoid a civil war

2. The 3/5ths Compromise • There was an early debate that Congress held concerning the means to count population. Since some of the representation of a state in Congress depended on how many people lived in the state, they had to agree on who constituted “people”.

3. The South • While the South certainly wanted a higher population, there was a problem with calling slaves part of the population. To do so would give them a legal claim to protection under the Constitution. …”that all men are created equal…”

4. The North • Since the North and South had different goals, it was in the North’s best interest to limit the number of delegates the South had. • They argued that since the South did not define slaves as actual people they should not count as population.

5. The 3/5ths Compromise. • During the Constitutional Convention the delegates from the North and South agreed to count the slave as 3/5ths of a person. This means for every 5 slaves, the population would be counted as 3 higher. In this way the two sides agree that a slave does not count as a whole “person”.

6. Missouri Compromise • The 1819 application for statehood by the Missouri Territory sparked a bitter debate in Congress over the issue of slavery in the new territories that had been created as a result of the Louisiana Purchase of 1803. Concerned that the South would have a representational advantage, Congressman James Tallmadge of New York introduced an amendment that would prohibit any further growth of slavery in Missouri, and would eventually set the children of Missouri's slaves free. • This would have let Missouri in as a slave state, but fairly quickly converted it to a free state.

7. Tallmadge • Despite "the difficulties and the dangers of having free blacks intermingling with slaves," Tallmadge declared, "I know the will of my constituents, and regardless of consequences, I will avow it; as their representative, I will proclaim their hatred to slavery in every shape." • You have to decide if he was totally against slavery, or were they against anything that would interfere with their political goals.

8. Keeping things even • The issue was resolved with a two-part compromise. The northern part of Massachusetts became Maine and was admitted to the Union as a free state at the same time that Missouri was admitted as a slave state, thereby maintaining a balance of 12 slave and 12 free states.

9. For the future • In addition, an imaginary line was drawn at 36 degrees 30 minutes north latitude, and any portions of the Louisiana Territory lying north of the compromise line would be free; however, the act provided that fugitive slaves "escaping into any... state or territory of the United States...may be lawfully reclaimed and conveyed to the person claiming his or her labor or service" -- and even in the free territories, "slavery and involuntary servitude ... Including in the punishment of crimes" was not prohibited.

10. What to Know • 3/5ths Compromise established a slave as 3/5ths of a person. • The Missouri Compromise was set up to preserve the Union. • Under the Missouri Compromise Missouri was admitted to the Union as a “slave” state and Maine was created and admitted as a “free” state. • The imaginary line at 36-30 was established. This is the line that can be seen on a map even today. North of the line states would be “free” states when admitted, south there could be slavery.

11. Compromise of 1850 • There were several points at issue: • The United States had recently acquired a vast territory -- the result of its war with Mexico. Should the territory allow slavery, or should it be declared free? Or maybe the inhabitants should be allowed to choose for themselves?

12. Debate issues: • California -- a territory that had grown tremendously with the gold rush of 1849, had recently petitioned Congress to enter the Union as a free state. Should this be allowed? Ever since the Missouri Compromise, the balance between slave states and free states had been maintained; any proposal that threatened this balance would almost certainly not win approval.

13. Other issues: • There was a dispute over land: Texas claimed that its territory extended all the way to Santa Fe. • Finally, there was Washington, D.C. Not only did the nation's capital allow slavery, it was home to the largest slave market in North America.

14. The solution offered: • According to the compromise, Texas would relinquish the land in dispute but, in compensation, be given 10 million dollars -- money it would use to pay off its debt to Mexico. • Also, the territories of New Mexico, Nevada, Arizona, and Utah would be organized without mention of slavery. (The decision would be made by the territories' inhabitants later, when they applied for statehood.) Popular Sovereignty

15. Other Provisions • The slave trade would be abolished in the District of Columbia. • California would be admitted as a free state. • To pacify slave-state politicians, who would have objected to the imbalance created by adding another free state, the Fugitive Slave Act was passed.

16. Fugitive Slave Act • Required citizens to assist in the recovery of fugitive slaves. It denied a fugitive's right to a jury trial. (Cases would instead be handled by special commissioners -- commissioners who would be paid $5 if an alleged fugitive were released and $10 if he or she were sent away with the claimant.) The act called for changes in filing for a claim, making the process easier for slave owners. Also, according to the act, there would be more federal officials responsible for enforcing the law.

17. What to Know • The territories of New Mexico, Nevada, Arizona, and Utah would be organized under Popular Sovereignty. • Washington D.C. would abolish slavery. • California would be admitted as a free state. • The Fugitive Slave Act was passed. • Know what the Fugitive Slave Act does.

18. Kansas-Nebraska Act • The Kansas-Nebraska Act was passed by the U.S. Congress on May 30, 1854. It allowed people in the territories of Kansas and Nebraska to decide for themselves whether or not to allow slavery within their borders. The Act served to repeal the Missouri Compromise of 1820 which prohibited slavery north of latitude 36°30´.

19. Effects • After the Kansas-Nebraska Act was passed, pro-slavery and anti-slavery supporters rushed in to settle Kansas to affect the outcome of the first election held there after the law went into effect. Pro-slavery settlers carried the election but were charged with fraud by anti-slavery settlers, and the results were not accepted by them. • The anti-slavery settlers held another election, however pro-slavery settlers refused to vote. This resulted in the establishment of two opposing legislatures within the Kansas territory.

20. Results • President Franklin Pierce, in support of the pro-slavery settlers, sent in Federal troops to stop the violence and disperse the anti-slavery legislature. Another election was called. Once again pro-slavery supporters won and once again they were charged with election fraud. • As a result, Congress did not recognize the constitution adopted by the pro-slavery settlers and Kansas was not allowed to become a state.

21. Kansas admitted as a free state. • Anti-slavery settlers outnumbered pro-slavery settlers and a new constitution was drawn up. On January 29, 1861, just before the start of the Civil War, Kansas was admitted to the Union as a free state. • Without plantations there was no real need for a high slave population.