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Missouri Compromise
3/5 compromise had kept things under control for a long time.
Foreign slave trade is ended in 1808.
Louisiana Purchase brings territory into union and these territories need
to be organized. These territories were organized along the lines of the
Northwest Ordinances. They organized state conventions and petitioned
the federal government.
This process of petition led to the problem of popular sovereignty. This
does not formally occur until the 1850’s, but the idea that local
governments control local conditions is paramount in the constitution
*states decision on citizenship
*all powers not delegated are reserved to the state
*spheres of influence)
*the fact that the constitution is an economic document
and also in the enlightenment thought of the time
*life, liberty and property
Hartford Convention 1814-1815
This was when federalists held a convention to have New England secede
from the union because of the war of 1812. They didn’t do it, but this set a
precedent of the union being made up of individual states.
Five states had entered the union
Mississippi Louisiana Alabama Illinois Indiana
First three are slave states. Last two are not, but a balance exists in the
union.
Missouri petitions to be admitted as a slave state. This would mess up the
balance and would push slave limits north.
Slavery is becoming a moral issue.
Talmadge Amendment – proposed by Talmadge of New York to lead to
gradual emancipation in Mississippi. This causes hysteria in the congress
( river of blood, let it come by talmadge and cobb). Passed in House, but is
blocked in Senate. This is really starting to stir things up.
Henry Clay is house speaker and sets up compromise – Missouri enters
slave and Maine is cut out of Massachusetts and comes in as a free state.
This maintains the balance. The major part of this is that 36/30 becomes
the coordinates for freedom, but the presence of this slave state becomes
even more damaging.
Missouri is mostly settled by people from Kentucky, so they pass laws
outlawing the presence of free blacks
This violates constitutional guarantees of citizens enjoying the same
rights.
Clay sets up a second compromise that makes Missouri promise to abide
by the constitution, after admittance, they break it.
The Missouri Compromise is a magnificent document and was crafted by
political geniuses, the problem is that it only addressed the political effects
of what was essentially a moral issue. Some say that the reason that the
Civil War occurred when it did was because of the generation of political
geniuses had passed and were replaced by mediocrities.
Indian Policy
Constitution recognizes the sovereignty of Indian nations.
As sovereigns, the Indians are negotiated with and they sign treaties.
Reality is that treaties are imposed and the terms are always bad for
indians.
Choctaws, Chickasaw and Creeks become part of the market economy. By
doing this, they end up in debt as a result of downturn in pelt prices. They
have to cede more land to pay debts. This loss of land led to dependency
on whites for food.
1830’s 50% of indians die.
Shawnees under tecumseh and the prophet go to canada and mexico.
Assimilation is considered proper policy. This is turning the indians into
whites by destroying the indian culture. Boarding schools are created to
do this.
The government is supporting westward movement and the indians are
losing. Removal is looming
1824, Monroe proposes moving the indians beyond the Mississippi River.
Cherokees, Choctaws, Choctaws and Chickasaws don’t want to sign
anymore treaties. They want to stay.
Georgia becomes the testing ground. Federal government had made a
promise in 1802 to remove the indians in return for the state promises to
renounce western land claims.
Feds force Creeks cede all of their land except a small bit.
The Cherokees make a real attempt to enter the new culture. 1819 – 1829,
they become self sufficient and self governing. Sequoyah created an
alphabet and a newspaper.
Cherokees create a government with a bicameral leg and a written const.
They require that all land be owned by tribe, but they do own slaves and
enter the market economy.
Georgia tries to force Cherokees to sell their land in 1822. Cherokees
refuse and Georgia annuls the Cherokee Constitution and seizes the land.
Cherokees sue in federal court.
1831 - Cherokee Nation v. Georgia – Marshall rules that Cherokees
cannot sue in federal court, but they are due their land and cannot give it
up except voluntarily.
1832 - Worcester v. Georgia – Marshall rules on soveriengty of Indian
nation.
Jackson says that marshall has made his ruling ….
Trail of Tears – Treaty of New Echota – trade ancestral land for land
20000 start and only 15000 finish.