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Constitution Day 2018 | On Equal Footing: The Constitution, the Senate, and the Expanding United States


The Missouri Crisis of 1820

In 1819, when Missouri petitioned Congress to allow it to start drafting a constitution and seek admission as a state, Representative James Tallmadge, Jr., of New York offered an amendment to the Missouri enabling act to prohibit slavery in the new state. The Tallmadge Amendment set off a fierce debate about the future of slavery and Congress's power to stem its expansion into new states.

The Continental Congress limited slavery's territorial expansion in 1787 when it outlawed slavery north of the Ohio River with the Northwest Ordinance. The proposal that Congress ban slavery as a condition for admitting a new state, however, outraged many members of Congress, particularly southerners.

Southern senators argued that banning slavery from Missouri amounted to destroying the equality of states. Senator James Barbour of Virginia, for example, protested that the ban "seeks to fix on Missouri the badge of inequality and degradation," a step "repugnant to the . . . letter and spirit of the Constitution." Barbour argued that it was the Senate's duty to preserve state equality. "The crisis has arrived," he stated, "contemplated by the framers of the Constitution, and to guard against whose effects was the principle object of the creation of the Senate." Pennsylvania senator Johnathan Roberts correctly pointed out that the Constitution did not in fact promise new states would be admitted "on the footing of the original States." Senator David Morril of New Hampshire emphasized that "We are not legislating for Missouri alone, but for the highest interest of the nation."

The heated debate over the Missouri Crisis lasted for more than a year, ending with a compromise decision designed to maintain a balance not only in the nation but in the Senate over the issue of slavery. Congress agreed to admit Missouri without a restriction on slavery, to admit Maine as a free state, and to prohibit slavery in the territories north of the 36° 30' parallel.

The Missouri Compromise placed the Senate at the center of debate for the next several decades. As northern populations grew, bringing more representatives from those states, southern strength waned in the House of Representatives, leaving to the Senate, where every state has an equal voice, the burden of maintaining sectional balance in the hope of avoiding civil war. That balance would be continually threatened as lawmakers pursued a policy of Manifest Destiny, pushing the nation's boundaries ever westward. Over the next two decades, Congress admitted states in pairs, slave and free, in order to maintain the balance established in 1820. Ultimately, the organization of the southwestern territory gained from the war with Mexico, and the admission of California in 1850, upended the balance of power and set the nation more firmly on its path to disunion.

Memorial of Missouri Legislature
Memorial of Missouri Legislature for Statehood
In December 1819, Congress received a memorial (or petition) from the residents of the Missouri Territory asking Congress to pass a so-called enabling act allowing them to draft a constitution and begin the process of joining the Union.
Senate Debate on Admission of Missouri and Maine, 1820
Annals of Congress
Representative James Tallmadge, Jr., of New York touched off a firestorm of debate when he proposed, and the House passed, an amendment to the Missouri enabling act requiring that slavery be banned in the new state. Virginia's James Barbour rejected Congress's power to place such conditions on new states and argued that it was the Senate's duty to find a compromise that would prevent the destruction of the Union.
Conference Committee Report on the Missouri Compromise
Conference Committee Report on the Missouri Compromise
Congress ultimately approved Missouri statehood without requiring any restrictions on slavery. The terms of the compromise were spelled out in this report of the conference committee appointed to resolve differences between the Senate and the House of Representatives. Anti-restrictionists joined the fate of Maine, a free state, to Missouri's in order to secure enough support for accepting slavery in Missouri. In addition, the Missouri enabling act prohibited slavery from all territories north of Missouri's southern border, the 36° 30' longitude.
Credentials of Maine's First Senators
Credentials of Maine's first senators
The people of Maine, which had been a part of the colony and state of Massachusetts, submitted a memorial for statehood in December 1819. The terms of separation with Massachusetts, however, required that Congress admit Maine by March 3, 1820, or the deal would be void. Southerners in the House and the Senate resolved to hold up Maine's admission unless Missouri was admitted without restrictions on slavery. Maine was admitted as part of the Missouri Compromise and sent its first two senators to Washington in June.
Credentials of Missouri's First Senators
Missouri Credentials
Missouri residents drafted a constitution in 1820 and the newly formed state legislature elected its two senators, who presented credentials to the Senate in October 1820. They would have to wait a little longer to be seated, however, as antislavery members of Congress balked at a provision in the Missouri constitution barring free people of color from entering the state. Only after more debate and compromise were Missouri's senators seated in August 1821.
Reynolds Political Map of the United States, 1856
Reynolds Political Map of the United States
The Missouri Compromise of 1820 set a pattern of admitting states in pairs—slave states and free states—in order to preserve sectional balance in the Senate and nationally over the issue of slavery. After the United States acquired vast new territories following the Mexican War in 1848, the issue of slavery in the territories and in new states was once again front and center in national politics throughout the 1850s and ultimately led to disunion and Civil War.