Johnson County, Missouri - Chapter 10, 1881

Chapter 10

We come now, in our history, to one of the most important epochs. The Missouri Compromise was the result of long and bitter debate, debate in the councils of the nation that heralded the name of Missouri far and wide ; debate by the leaders of thought, sounding to its uttermost depths the question of the compatibility of slavery with republican government. The thundering tones of statesmanship are the mutterings, deep and fear¬ ful, of the angry storm, destined yet to plunge the nation in civil war. So grave is the question, so alarming the intense excitement of the people, that even while decision is pending, disrupture threatens the union.

The territorial legislature of 1818-19, in view of the increased popula¬ tion, the number of counties admitted, made application to congress for the passage of a law authorizing the people to organize a state govern¬ ment. The increasing demands showed the old territorial laws to be inade¬ quate to the wants of the people. John Scott, the territorial delegate elected to succeed Rufus Easton, complying with the wishes of his con¬ stituents, introduced a bill in congress to admit Missouri into the union on an equal footing with other states.

On February 15, 1819, the house resolved itself into a committee of the whole for the discussion of the bill. In the course of debate an amend¬ ment was introduced which "prohibited the further introduction of slavery" and made " all children born within the state, after the admission thereof into the union, free at the age of twenty-five years." This is perhaps the first written proviso (duly considered and adopted) with reference to the slavery question in the United States. The news flew upon every wind, and the excitement ran high. In Missouri territory the feeling of opposi¬ tion was strong, and it was claimed by Mr. Scott, in a speech upon the subject, that it stamped inequality upon states equal according to every principle of a free government by united states, and that after the purchase from France a law had been passed securing to the inhabitants protection in the possession of their property.

The house was divided almost equally. One party claimed that the admission of the late states into the union had forever settled the constitu¬ tional power of the government over the institution, and that congress had no right to prescribe details of state government, as the people had unques¬ tioned right to amend their own state constitution. The other party held that while this was true, perhaps, still congress had the right to prescribe con¬ ditions of admission for territories seeking to come into the union, and that the rights of man, as declared by the republic itself, in the very nature of things, made slavery the bane of free labor and the incubus of the government.

On Febuary 27, 1819, the bill came up for its passage in the senate. The entire proviso was here stricken out. The bill was returned to the house. The house refused to recede and the senate again refused to concur. Thus the matter stood until the adjournment of congress, March 3, 1819, when the bill was lost.

The political world was now shaken to its very centre by this question. Strange forebodings filled the gravest hearts. Great issues were at stake, and the solution of the vexed problem affected every part of the union. At times it seemed as if the slave states must be driven from the territory of Louisiana, totally. Arkansas, at this time, was asking for admission. The anti-slavery proviso seemed settling heavily down upon her prosperity. For almost a year the clouds lowered threateningly, and ever and anon the red glare of the lightnings of bitter discussion presaged the oncoming of a terrible storm.

This question, then, was to be the main object of the deliberation of the next congress. That body convened December 6, 1819. On J anuary 25, the house took up the bill for the admission of Missouri. From day to day the discussion continued until February 19. A bill now came from the senate providing for the admission of Missouri, amended as follows:

And be it further enacted: That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degress and thirty minutes north latitude; excepting only such part, thereof, as included within the limits of the state contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted, shall be, and is hereby forever prohibited: Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any state or territory of the United states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or services as aforesaid.

This became the basis of the Missouri Compromise. The bill had been adopted in the senate by a vote of 24 to 20 ; the same was adopted in the house by a vote of 134 to 42. The Missouri Compromise constituted sec¬ tion 8 of "an act to authorize the people of the Missouii territory to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states, and to prohibit slaverv in certain territorv."

Historical Sketch Of Missouri

Accordingly an election was held and representatives elected to a state convention which met June 12, 1820, at St. Louis. It was not deemed expedient at this time to form a constitution, and after providing the man¬ ner of electing another body to perform that duty the convention adjourned. Another election was held in May. This second convention concluded the labor of drafting a constitution July 19th. It was not submitted to the people, but took effect from its creation. It is said to have admirably met the wants of the masses.

On November 19, 1820, John Scott, delegate from Missouri, laid before the national house of representatives the manuscript copy of this consti¬ tution. The committee to whom the constitution was referred, reported that it conformed to the provisions of the previous act of congress. But a fierce discussion arose on the ground that it sanctioned slavery, and because in it there was a clause empowering the general assembly uto pass such laws as may be necessary to prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatever."

The house refused, thereupon, to pass the resolution to admit. Much the same feeling was manifested in the senate. But here an amendment was offered to the resolution, providing that the proposed constitution should not be so construed as to contravene the clause in the constitution of the United States which declares that " the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states," which was adopted.

Again the matter came up in the house, and, though the proviso of the senate was attached thereto, failed to pass. Finally on a motion by Mr. Clay, a joint committee of both houses was appointed. The result of this conference committee was to report to each branch of congress the fol¬ lowing resolution: j Resolved, By the Senate and House of Representatives of the United States of America , in Congress assembled , That Missouri shall be admitted into this union on an equal footing with the original states, in all respects whatever, upon the fundamental condition that the fourth clause of the twenty-sixth sec¬ tion of the third article of the constitution submitted on the part of said state to congress, shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the states in this union, shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the constitution of the United States: Provided , That the legislature of said state by a solemn public act, shall declare the assent of the said state to the said fundamental condition, and shall transmit to the president of the United States, on or before the fourth Monday in November next, an authentic copy of said act; upon the receipt whereof, the president, by proclamation, shall announce the fact; where¬ upon, and without any further proceeding on the part of Congress, the admis¬ sion of the said state into the union shall be considered as complete.

Governor Clark, in Missouri, immediately convened the legislature in special session, and on the 26th of June, 1821, A solemn public act, in conformity with the foregoing resolution, was passed, and transmitted to the president. On August 10th, President Monroe issued the proclama¬ tion announcing the admission of Missouri to be complete.

The admission of Missouri was obtained through two compromises. One prohibited forever slavery north of 36 deg., 30 min. north latitude; the other expunged from her constitution, that portion making the duty of preventing the immigration of free negroes into her borders, incumbent on future assemblies.

When the famous struggle at last came to a close and the slavery ques¬ tion seemed terminated for time, the news was everywhere received with

To all the people this discussion was ominous. The debaters seemed treading on dangerous ground and no one knew where or when a slum¬ bering mine might burst forth to fill the land with dissension and blood. Prosperity was fast waning - markets became deranged. The need of the hour was an amicable and speedy settlement of the vexed problem.

In this regard the services of Mr. Clay were eminent. During this struggle he is said to have made the master speech of his life. No record of the effort has been preserved, but for four hours he held his hearers spell-bound by the magic of his words. He was the author of the second compromise, which so effectually settled the question of admission. His mission was for peace. He felt the imminent peril and " scented the bat¬ tle afar." But the clarion notes of his eloquence rang through the land and the voices of strife were hushed.