Fugitive Slave Law

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RENEWING THE SECTIONAL
STRUGGLES- 1848—1854
Chapter 18
The Popular Sovereignty Panacea
• Mexican American War set the stage for
Slavery Controversy
• Threatened to divide the union
• Issue: What to do with new territory?
• Wilmot Proviso
– What it said
– What happened to it
• Whigs and Democrats wanted to keep lid
on Slavery Controversy
Election of 1848
• Polk is in ill-health from over-work and does not
run again (your book says he had chorro pg. 390).
• Democrats nominate Lewis Cass (your book says his
name rhymes with jackass pg. 391). Not very warm or
easy for the electorate to like.
• Democratic platform is silent on slavery, but
Cass is the reputed father of “popular
sovereignty.”
• What is Popular Sovereignty?
• Popular Sovereignty is very popular with the
people. Its a doctrine that stated that people
should decide the status of slavery.
Election of 1848
• Whigs nominated Zachary Taylor,
hero of the Mexican-American war.
(Va.-born, slave-owner).
• Taylor had never even held office
• Why Clay not nominated? Too many
enemies.
• Whig platform is silent on slavery
and generally is wishy-washy.
• Taylor does not take a position on
slavery, but he is assumed safe for
the southern Whigs. Why?
Free Soil Party Splits the Vote
• Northern Whigs unhappy with Taylor because
he’s a slave owner.
• Free Soil Party.
– Agreed with the Wilmot Proviso and stood against
slavery. This is primary issue.
– Supported free government homesteads for settlers in
Western territories.
– Believe slavery destroyed the chances of white
workers
• Enough Northern Dems vote Free Soil,
especially in New York, to give the election to
Whigs and Taylor.
California Gold
• The discovery of Gold in
California in 1848 blew
the lid off the slavery
issue.
• Why and How?
California Gold Rush Country
California Constitution
• Citizens write a constitution and apply or
statehood as non-slave state.
• This will put slave states in the minority.
• The feces hits the fan in the South.
• South rises in violent opposition to
admission of California.
Why Was South So Concerned?
• South had the presidency, majority of the
cabinet, and majority of the Supreme Court.
• The cotton economy was good and
seemingly held the north and Europe in an
economic bind.
• South not concerned about the immediate
outright abolition of slavery.
– Why? 15 slave vs. 15 free states (sectional
balance is =)
Concerns of the South
• Loss of balance in Senate
• Rest of the Mexican Cession
• Slavery in D.C. (ends slave trade but not
slavery) believed this idea might spread
• Texas land claims (Made smaller)
• Biggest Concern: Run-Away Slaves and
enforcement of Fugitive Slave law
Underground Railroad
• Underground Railroad
• Harriet Tubman
Fugitive Slave Law
• South demanded a harsher fugitive slave law.
• Why?
– Only losing about 1000 slave a year out of population
of 2 Million.
– More slaves are freed by self-purchase and
manumission (emancipation).
– They rested their argument on the Constitution, which
protected slavery and on Congress, which provided
laws for catching slaves.
Twilight Of The Senatorial
Giants
• 1850 all these issues
come to a head.
– Southern fire-eaters
threaten cession
• Crisis was looming.
• Three Senatorial Giants
tackle the issue in the
Senate. Henry Clay, John
C. Calhoun, and Daniel
Webster.
• Webster and Clay urge
compromise and
reasonable concession to
south.
• Calhoun argues for Const.
Amendments to protect the
South.
Most intense debate in U.S. History
•John C. Calhoun
•North should honor the Constitution
and enforce the Fugitive Slave Law
•South wanted California
•threatened to secede from U.S.
•U.S. should have two Presidents--one from the North and one for the
South
•Daniel Webster
•Henry Clay
•The Great Compromiser, with
John C. Calhoun, Daniel Webster
and Stephen Douglas, propose
this compromise.
•Secession is impractical &
impossible
•How would we split the land?
•The military?
•Compromise at all cost
•Preserve the Union
Comp of 1850
Deadlock in the Senate
• The Young Guard from the North.
• William Seward, Senator from New York.
• Seward’s position(did not want
compromise, must obey God’s laws,
“Higher Law”)
• Deadlock seemed certain as debate
progressed. And if there was deadlock
the south would likely secede.
Breaking The Logjam
• Taylor was poised to veto the
compromise. Why? (influenced by
Seward, and Texas threaten to seize
Santa Fe, Texans=traitors)
• 1850 President Taylor suddenly died;
Vice President Millard Fillmore took
the presidency.
• Fillmore supports the compromise
• Clay, Webster and Stephen Douglas
work hard to get Compromise
supported in North.
• Fire-eaters in South unhappy.
– Led to Nashville convention=short lived
• Second (short lived) era of good
feelings.
Terms of the Compromise
• Pro-North:
– Cali. admitted as a free state;
– Terr. in dispute between TX and NM goes to NM, so
more likely to go free
– abolition of slave-trade (but not slavery) in Wash. DC.
• Pro-South:
– NM and Utah slavery issue to be decided by popular
sovereignty;
– more stringent Fugitive Slave Law.
– $3.10 Million to Texas
Assessing the Compromise
• Who got the better deal?
• The North did. California as a free state
means more Senators from free states
– 16 free vs. 15 slave states.
Backfiring Slave Law
• Reaction in North to Fugitive Slave Law.
• Provisions:
– Slaves not allowed to testify and denied a jury trial.
– Commissioner who handled the case got twice as
much if the slave was returned.
– Northerners who aided slaves to freedom subject to
heavy fines and jail.
– Northerners could be ordered to assist in capture of
run-aways
• How does the law backfire against the South?
ABOLITIONISTS
RESPOND
Denounced by
Abolitionists
Harriet Beecher
Stowe’s, Uncle Tom’s
Cabin is published
Abolitionists refuse to
enforce the law
Underground Railroad
becomes more active
SOUTHERNERS RESPOND
Southerners threatened
secession and war
Believed it should be
enforced because the
Constitution protects
property and Federal law is
over State law.
5th Amendment: …nor be deprived
of life, liberty, or property, without
due process of law; nor shall
private property be taken for public
use, without just compensation.
Supremacy Clause: Constitution is
the law of the land
Election of 1852
• Dems. Hopelessly divided.
• Nominate Franklin Pierce, a
pro-southern, northerner.
Compromise candidate.
– Weak and indecisive.
– Scant public record, and thus not
much to offend either part of
party
• Platform for Compromise of
1850 and Fugitive Slave Law
Election of 1852--Whigs
• Nominate Winfield Scott.
• Great general, but not well liked
by people. Stuffy.
• Whigs hopelessly divided. Why?
His platform was for theFugitive
slave law:
– North Antislavery Whigs “accept
the candidate but spit on the
platform.” The South “spit on the
candidate accept the platform.”
• Election turned largely on issues
of personality.
• Pierce wins in a landslide.
• Effective end of Whig Party.
President Pierce The Expansionist
• Pierce cabinet full of southerners
– Jefferson Davis is Sec. of War
• South needs more slave states
• Can’t find in US, so start looking over southern
border
– Fueled by ideas of Manifest Destiny.
• Nicaragua--William Walker declares himself
president of Nicaragua and legalizes slavery
• Clayton-Bulwer Treaty
Coveted Cuba
• The South saw Cuba as the most desirable slave
territory available.
– Right off our Southern shore and perfect for a slave economy.
– Already had lots of slaves there.
– Carved into several states it would restore the north-south
balance
• Pierce offers Spain 100 Mil. to buy. Spain refuses.
• Pierce and cabinet plot to seize it.
– Ostend Manifesto-offer 120 Mil. For Cuba. If Spain refuses and
American interest was endangered then US has the right to take
Cuba.
– Consequences: The North found out, does not want slavery
extended=Pierce drops the issue of territorial expansion in Cuba
The Gadsden Purchase
• Nation desperately needs a trans-continental RR
to tie California to nation.
• Both North and South want the route.
– Why? $$$$$$$!!!
•
•
•
•
Southern Route is easier.
Gadsden Purchase (from Santa Anna $10 mil)
Nebraska territory.
South doesn’t want this. Why? Addition of Free
Soil states
Gadsden Purchase, 1853
Kansas-Nebraska Act
• Stephen A. Douglas proposes
Kansas-Nebraska Act.
• Terms: Nebraska Territory
would be divided into 2
territories. Kansas and Neb.
Slavery would be settled by
popular sovereignty.
• Impacts Missouri Compromise;
Would have to be repealed.
The “Little Giant”
Kansas and Nebraska, 1854
One of the
most
momentous
measures to
pass Congress.
 Led to open
warfare in
Kansas and the
unofficial
opening of the
Civil War.

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