11/11/2015. The Crisis of the 1850s: Outline

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1 The Crisis of the 1850s: Outline I. Framing concerns II. Three moments 1. The Compromise of Kansas-Nebraska Act of Dred Scott v. Sandford (1857) III. Take-aways Resolution of the American Anti-Slavery Society (1844) The existing national compact should be instantly dissolved; that secession from the government is a religious and political duty, that the motto inscribed on the banner of Freedom should be NO UNION WITH SLAVEHOLDERS; that it is impractical for tyrants and the enemies of tyranny to coalesce and legislate together for the preservations of human rights, or the promotion of the interests of Liberty. Garrison s resolution before the New England Anti-Slavery Convention (1855) The American Union is the supremacy of the bowie knife, the revolver, the slave-driver s lash, and lynch law, over freedom of speech, of the press, of conscience, of locomotion, in more than one half of the nation... and the degrading vassalage of the entire North to the accursed Slave Power;... that such a Union is to be resisted, denounced and repudiated by every lover of liberty, until its utter overthrow shall be consummated; and that, to effect this glorious object, there should be one united shout of 'No Union with Slaveholders, religiously or politically! Leonard L. Richards, The Slave Power: The Free North and Southern Domination, (Baton Rouge: Louisiana Staste University Press, 2000), 9. In the sixty-two years between Washington's election and the Compromise of 1850, for example, slaveholders controlled the presidency for fifty years, the Speaker's chair for forty-one years, and the chairmanship of House Ways and Means for forty-two years. The only men to be reelected president Washington, Jefferson, Madison, Monroe, and Jackson were all slaveholders. The men who sat in the Speaker's chair the longest Henry Clay, Andrew Stevenson, and Nathaniel Macon were slaveholders. 1

2 Framing concerns How could a viable national political opposition to slavery emerge? Given the innate challenges confronting single-issue third parties Given the pervasive racial prejudice of the North A series of slavery-related political crises promoted an issue that the political system had long sought to suppress The political system broke around two major issues: Slavery s expansion westward Concerns over civil liberties and the slave power A new party emerged, rooted in a viable antislavery politics, capable of competing nationally Source: Scott R. Meinke, Slavery, Partisanship, and Procedure in the U.S. House: The Gag Rule, , Legislative Studies Quarterly 32, no. 1 (February 2007): House vote for Texas annexation (1/25/45) Party Region Democrat Whig North 65% (52/80) 0% (0/49) South 100% (58/58) 31% (8/26) Source: The Vote on Joint Resolution #46 for Annexing the Republic of Texas to the United States. House Journal: 28 Cong., 2 Sess. (Serial 462), Senator John M. Niles, on defection of 14 NY Democrats on the TX annexation vote: Do you think the N. York members have no sagacity, no instinct to discover the public sentiment in their districts? he asked. A strong infusion of the spirit of abolitionism was making it harder and harder for men such as Niles to hold their seats. In a revolution in 1836, American migrants to the Mexican state of Texas won their independence, then immediately began seeking admission into the Union. Concerns over the westward expansion of slavery made this politically challenging. In 1845, Congress annexed Texas through a Joint Resolution. 2

3 The Crisis of the 1850s: Outline I. Framing concerns II. Three moments 1. The Compromise of 1850 Compromise of 1850 For North California enters union directly as a free state Texas loses disputed western land claims Abolition of slave trade in Washington, D.C. For South Rest of Mexican cession brought in on principle of popular sovereignty Texas compensated $10M for lost claims New, stronger fugitive slave law 3

4 Fugitive Slave Law of 1850 Constitution: article 4, section 2 Fugitive Slave Law of 1793 Personal liberty laws of Northern states Four critical provisions 1. New system of federal commissioners to oversee fugitive slave cases 2. Affidavit sufficient for apprehension; accused no right to testify on own behalf 3. $10 for returned slaves; $5 for slaves not returned 4. Deputize Northern citizens to help form posses 4

5 Calhoun s speech on the Clay Compromise Measures (1850) How can the Union be preserved? What is it that has endangered the Union? all the great political influences of the section were arrayed against excitement, and exerted to the utmost to keep the people quiet. The great mass of the people of the South were divided, as in the other section, into Whigs and Democrats. The leaders and the presses of both parties in the South were very solicitous to prevent excitement and to preserve quiet; because it was seen that the effects of the former would necessarily tend to weaken, if not destroy, the political ties which united them with their respective parties in the other section. Those who know the strength of party ties will readily appreciate the immense force which this cause exerted against agitation and in favor of preserving quiet. But, great as it was, it was not sufficient to prevent the widespread discontent which now pervades the section. The Crisis of the 1850s: Outline I. Framing concerns II. Three moments 1. The Compromise of Kansas-Nebraska Act of

6 On May 21, 1856, proslavery forces raided and burned the free state capital of Lawrence. Charles Sumner, Republican Senator from Massachusetts Preston Brooks, Congressman from South Carolina In May 1856, Massachusetts Senator Charles Sumner denounced South Carolina Senator Andrew Butler for having taken the harlot, slavery for his mistress. In retaliation, Butler s cousin, Representative Preston Brooks, delivered a savage beating to Sumner on the floor of the Senate. John L. Magee, Southern Chilvalry Argument versus Clubs s (Lithograph, 1856). 6

7 THE SYMBOL OF THE NORTH IS THE PEN; THE SYMBOL OF THE SOUTH IS THE BLUDGEON. ARGUMENTS OF THE CHIVALRY. 7

8 Portion of a political cartoon published by N. Currier, 1856 presidential campaign FREE SOIL, FREE SPEECH, FREE PRESS, FREE MEN & FREMONT Temperance reformer Female suffrage advocate Catholic priest Free black Fourier socialist Free love advocate 1856 Republican Presidential candidate John C. Frėmont The Crisis of the 1850s: Outline I. Framing concerns II. Three moments 1. The Compromise of Kansas-Nebraska Act of Dred Scott v. Sandford (1857) 8

9 Dred Scott v. Sandford (1857) Dr. John Emerson, US Army surgeon from Missouri, takes Dred Scott, his property, to Wisconsin territory (where slavery is prohibited) and then returns him to Missouri. Does this make Scott free? Case makes its way from state courts to the U.S. Supreme Court, gaining attention as a test case of the Missouri Compromise. Does Congress have the right to prohibit slavery in the territories? Chief Justice Roger Taney s opinion in Dred Scott 1. Dred Scott has no standing to bring suit in federal court because black people (slave or free) cannot be citizens of the United States: At the time of the founding, they had for more than a century before been regarded as being of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery. He [Scott] is not a citizen, and consequently his suit against Sandford was not a suit between citizens of different States, and the court had no authority to pass any judgement between the parties. The suit ought, in this view of it, to have been dismissed by the Circuit Court, and its judgement in favor of Sandford [i.e., that he has the right to sue] is erroneous, and must be reversed. Chief Justice Roger Taney s opinion in Dred Scott 2. Even had Scott the right to bring suit, he would have lost, for it is unconstitutional for Congress to prohibit the enjoyment of property (in slaves) in federal territory: The act of Congress which prohibited a citizen from holding and owning property of this kind in the territory... is not warranted by the Constitution, and is therefore void; and that neither Dred Scott himself, nor any of his family, were made free by being carried into this territory. 9

10 Abraham Lincoln s House Divided speech (1858) We are now far into the fifth year, since a policy was initiated, with the avowed object, and confident promise, of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only, not ceased, but has constantly augmented. In my opinion, it will not cease, until a crisis shall have been reached, and passed. A house divided against itself cannot stand. I believe this government cannot endure, permanently half slave and half free. I do not expect the Union to be dissolved - - I do not expect the house to fall -- but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery, will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new -- North as well as South. Have we no tendency to the latter condition? Abraham Lincoln s House Divided speech (1858) We can not absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen -- Stephen, Franklin, Roger, and James, for instance - - and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few -- not omitting even scaffolding -- or, if a single piece be lacking, we can see the place in the frame exactly fitted and prepared to yet bring such piece in -- in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first lick was struck. Abraham Lincoln s House Divided speech (1858) In what cases the power of the states is so restrained by the U.S. Constitution, is left an open question.... Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free; and we shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty, is the work now before all those who would prevent that consummation. 10

11 The Crisis of the 1850s: Outline I. Framing concerns II. Five moments 1. The Compromise of Kansas-Nebraska Act of Dred Scott v. Sandford (1857) III. Take-aways Framing concerns How could a viable national political opposition to slavery emerge? Given the innate challenges confronting single-issue third parties Given the pervasive racial prejudice of the North A series of slavery-related political crises promoted an issue that the political system had long sought to suppress The political system broke around two major issues: Slavery s expansion westward Concerns over civil liberties and the slave power A new party emerged, rooted in a viable antislavery politics, capable of competing nationally Wooster Republican (Mass.), February 2,

12 Take-aways 1. Issues around slavery (and others) hopelessly split the Whig Party until it dissolved Nativism (we haven t explored) Slavery and western expansion Fugitive slaves and civil liberties 2. An antislavery party (Republicans) filled the vacuum Moderated antislavery message of radical abolitionists Framed it around white interests in western opportunity ( free soil ) and civil liberties (the slave power ) Broadened the tent to incorporate a range of other issues 3. Democratic split in 1860 made victory possible for a sectional party The Presidential election of 1860 Electoral votes required for victory: 152 Year % of national population considered for apportionment % % % As Calhoun had observed back in 1850, demographic trends were moving against the South. Despite the artificial boost conferred by the three-fifths clause, the free states controlled an ever-greater share of representation in Congress. Alternative scenario: Even giving a single Democratic candidate all slaveholding states and the two western states, a united North still dominated the electoral math Electoral votes required for victory:

13 Further questions Why did the election of Lincoln mean secession? Why did secession mean war? 13

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