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Wilmot Proviso (1846 version)
Provided that, as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico
by the United States, by virtue of any treaty which may be negotiated between them, and to the use by the Executive
of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said
territory, except for crime, whereof the party shall first be duly convicted.
Wilmot Proviso (1847 version)
There shall be neither slavery, nor involuntary servitude in any territory on the continent of America which shall
hereafter be acquired by or annexed to the United States by virtue of this appropriation (the $3,000,000) on in any
other manner whatever, except for crime whereof the party shall have been duly convicted.
Lecompton Constitution- 1857
ARTICLE VII.
SLAVERY.
SECTION I. The right of property is before and higher than any constitutional sanction, and the right of the owner of a
slave to such slave and its increase is the same, and as inviolable as the right of the owner of any property whatever.
SEC. 2. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the
owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so
emancipated. They shall have no power to prevent emigrants to the State from bringing with them such persons as
are deemed slaves by.the laws of any one of the United States or Territories, so long as any person of the same age
or description shall be continued in slavery by the laws of this State; Provided, That such person or slave be the
bona-fide property of such emigrants: And provided also, That laws may be passed to prohibit the introduction into
this State of
slaves who have committed high crimes in other States or Territories. They shall have power to pass laws to permit
the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public
charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them
necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect
or refusal to comply with the direction of such laws,-to have such slave or slaves sold for the benefit of the owner or
owners.
SEC. 3. In the prosecution of slaves for crimes of higher grade than petit larceny, the legislature shall have no power
to deprive them of an impartial trial by a petit jury.
SEC. 4. Any person who shall maliciously dismember or deprive a slave of life shall suffer such punishment as would
be indicted in case the like offense had been committed on a free white person, and on the like proof, except in case
of insurrection of such slave.
BILL OF RIGHTS.
23. Free negroes shall not be permitted to live in this State under any circumstances.
SCHED ULE.
SEC. 7. This constitution shall be submitted to the Congress of the United States at its next ensuing session . . .
Before this constitution shall be sent to Congress, asking for admission into the Union as a State, it shall be submitted
to all the white male inhabitants of this Territory, for approval or disapproval, as follows: . . . The voting shall be by
ballot. The judges of said election shall cause to be kept two poll-books by two clerks, by them appointed. The ballots
cast at said election shall be endorsed, "Constitution with slavery," and "Constitution with no slavery." . . . The
president [of the convention] with two or more members of this convention, shall examine said poll-books, and if it
shall appear upon said examination that a majority of the legal votes cast at said election be in favor of the
"Constitution with slavery," he shall immediately have the same transmitted to the Congress of the United States, as
hereinbefore
provided; but if, upon such examination of said poll-books, it shall appear that a majority of the legal votes cast at said
election be in favor of the " Constitution with no slavery," then the article providing for slavery shall be stricken from
this constitution by the president of this convention, and slavery shall no longer exist in the State of Kansas, except
that the right of property in slaves now in this Territory shall in no manner be interfered with, and shall have
transmitted the constitution, so ratified, (to Congress the constitution, so ratified,) to the Congress of the United
States, as hereinbefore provided....
Crittenden Compromise 1860
The Crittenden proposal consisted of the following six amendments to the Constitution:
1. Slavery would be prohibited in all territory of the United States "now held, or
hereafter acquired," north of latitude 36 degrees 30 minutes. In territory
south of this line, slavery was "hereby recognized" and could not be interfered
with by Congress. Further, property in slaves was to be "protected by all the
departments of the territorial government during its continuance." States would
be admitted to the Union from any territory with or without slavery as their
constitutions provided.
2. Congress was forbidden to abolish slavery in places under its jurisdiction
within a slave state, such as a military post.
3. Congress could not abolish slavery in the District of Columbia so long as it
existed in the adjoining states of Virginia and Maryland, and without the
consent of the District's inhabitants. Compensation would be given to owners
who refused consent to abolition.
4. Congress could not prohibit or interfere with the interstate slave trade.
5. Congress would provide full compensation to owners of rescued fugitive slaves.
Congress was empowered to sue the county in which obstruction to the fugitive
slave laws took place to recover payment; the county, in turn, could sue "the
wrong doers or rescuers" who prevented the return of the fugitive.
6. No future amendment of the Constitution could change these amendments, or
authorize or empower Congress to interfere with slavery within any slave state.
Crittenden also offered the following four resolutions:
1. That fugitive slave laws were constitutional and should be faithfully observed
and executed.
2. That all state laws which impeded the operation of fugitive slave laws, the socalled "Personal Liberty laws," were unconstitutional and should be repealed.
3. That the Fugitive Slave act of 1850 should be modified (and rendered less
objectionable to the North) by equalizing the fee schedule for returning or
releasing alleged fugitives, and limiting the powers of marshals to summon
citizens to aid in their c apture.
4. That laws for the suppression of the African slave trade should be effectively
and thoroughly executed
The Compromise of 1850 and the Fugitive Slave Act
Henry Clay, U.S. senator from Kentucky, was determined to find a solution. In 1820 he had resolved a
fiery debate over the spread of slavery with his Missouri Compromise. Now, thirty years later, the
matter surfaced again within the walls of the Capitol. But this time the stakes were higher -- nothing less
than keeping the Union together.
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?
¥ 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.
¥ 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.
On January 29, 1850, the 70-year-old Clay presented a compromise. For eight months members of
Congress, led by Clay, Daniel Webster, Senator from Massachusetts, and John C. Calhoun, senator from
South Carolina, debated the compromise. With the help of Stephen Douglas, a young Democrat from
Illinois, a series of bills that would make up the compromise were ushered through Congress.
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.) Regarding Washington,
the slave trade would be abolished in the District of Columbia, although slavery would still be permitted.
Finally, 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.
Of all the bills that made up the Compromise of 1850, the Fugitive Slave Act was the most controversial.
It 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 commisioners -- commisioners 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 slaveowners. Also, according to the act, there
would be more federal officials responsible for enforcing the law.
For slaves attempting to build lives in the North, the new law was disaster. Many left their homes and
fled to Canada. During the next ten years, an estimated 20,000 blacks moved to the neighboring
country. For Harriet Jacobs, a fugitive living in New York, passage of the law was "the beginning of a
reign of terror to the colored population." She stayed put, even after learning that slave catchers were
hired to track her down. Anthony Burns, a fugitive living in Boston, was one of many who were captured
and returned to slavery. Free blacks, too, were captured and sent to the South. With no legal right to
plead their cases, they were completely defenseless.
Passage of the Fugitive Slave Act made abolitionists all the more resolved to put an end to slavery. The
Underground Railroad became more active, reaching its peak between 1850 and 1860. The act also
brought the subject of slavery before the nation. Many who had previously been ambivalent about
slavery now took a definitive stance against the institution.
The Compromise of 1850 accomplished what it set out to do -- it kept the nation united -- but the
solution was only temporary. Over the following decade the country's citizens became further divided
over the issue of slavery. The rift would continue to grow until the nation itself divided.
Henry Clay “Clay’s Resolutions” January 29, 1850
Compromise of 1850
Web Version: http://www.ourdocuments.gov/doc.php?doc=27&page=transcript
It being desirable, for the peace, concord, and harmony of the Union of these States, to settle and adjust amicably all
existing questions of controversy between them aris- ing out of the institution of slavery upon a fair, equitable and just basis:
therefore,
1. Resolved, That California, with suitable boundaries, ought, upon her application to be admitted as one of the States of this
Union, without the imposition by Congress of any restriction in respect to the exclusion or in- troduction of slavery within those
bound- aries.
2. Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the
United States from the republic of Mexico, it is in- expedient for Congress to provide by law either for its introduction into, or
exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress
in all of the said territory , not assigned as the boundaries of the proposed State of California, without the adoption of any
restriction or condition on the subject of slavery.
3. Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, ommencing one marine
league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so
continuing in the same direction to the line as established between the United States and Spain, exclud- ing any portion of New
Mexico, whether lying on the east or west of that river.
4. Resolved, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of
the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States, and for which the
duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of- dollars, in consideration of
the said duties so pledged having been no longer ap- plicable to that object after the said annexa- tion, but having
thenceforward become pay- able to the United States; and upon the condition, also, that the said State of Texas shall, by some
solemn and authentic act of her legislature or of a convention, relinquish to the United States any claim which it has to any part
of New Mexico.
5. Resolved, That it is inexpedient to abol- ish slavery in the District of Columbia whilst that institution continues to exist in the
State of Maryland, without the consent of that State, without the consent of the people of the District, and without just
compensation to the owners of slaves within the District.
6. But, resolved, That it is expedient to prohibit, within the District, the slave trade in slaves brought into it from States or places
beyond the limits of the District, either to be sold therein as merchandise, or to be trans- ported to other markets without the
District of Columbia.
7. Resolved, That more effectual provision ought to be made by law, according to the requirement of the constitution, for the
restitution and delivery of persons bound to service or labor in any State, who may escape into any other State or Territory in
the Union. And,
8. Resolved, That Congress has no power to promote or obstruct the trade in slaves between the slaveholding States; but that
the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular
laws.
Kansas – Nebraska Act, 1854
SEC. 5. And be it further enacted, That every free white male inhabitant above the age of twenty-one years who
shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be
entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of
voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative
Assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United
States and those who shall have declared on oath their intention to become such, and shall have taken an oath to
support the Constitution of the United States and the provisions of this act: And provided further, That no officer,
soldier, seaman, or marine, or other person in the army or navy of the United States, or attached to troops in the
service of the United States, shall be allowed to vote or hold office in said Territory, by reason of being on service
therein.
SEC. 10. And Be it further enacted, That the provisions of an act entitled "An act respecting fugitives from justice, and persons
escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the
provisions of the act entitled " An act to amend, and supplementary to, the aforesaid act," approved September eighteen,
eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of said
Territory of Nebraska.
SEC. 32. And be it further enacted, That a delegate to the House of Representatives of the United States, to
serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to
elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised
and enjoyed by the delegates from the several other Territories of the United States to the said House of
Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he
shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the
Governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the
elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the
Governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution, and all laws of
the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of
Kansas as elsewhere within the United States, except the eighth section of the act preparatory to the admission of
Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the
principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of
eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it
being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it
therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own
way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed
to revive or put in force any law or regulation which may have existed prior to the act of sixth of March, eighteen
hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.
Approved, May 30, 1854