Brokering the Compromise

The conclusion of the Mexican War led to the 1848 Treaty of Guadalupe Hidalgo. The treaty infuriated antislavery leaders in the United States. The spoils of war were impressive, but it was clear they would help expand slavery. The issue of what to do with the western territories added to the republic by the Mexican Cession consumed Congress in 1850.

Other controversial matters, which had been simmering over time, complicated the problem further. Chief among these issues were the slave trade in the District of Columbia, which antislavery advocates hoped to end, and the fugitive slave laws, which southerners wanted to strengthen. The border between Texas and New Mexico remained contested because many Texans hoped to enlarge their state further, and, finally, the issue of California had not been resolved. California was the crown jewel of the Mexican Cession, and following the discovery of gold, it was flush with thousands of emigrants. By most estimates, however, it would be a free state, since the former Mexican ban on slavery still remained in force and slavery had not taken root in California. The map below shows the disposition of land before the 1850 compromise.

Figure 3. This map shows the states and territories of the United States as they were in 1849–1850.

The presidential election of 1848 did little to solve the problems resulting from the Mexican Cession. Both the Whigs and the Democrats attempted to avoid addressing the issue of slavery publicly as much as possible. The Democrats nominated Lewis Cass of Michigan, who devised the idea of popular sovereignty, or letting the people in the territories decide the issue of whether or not to permit slavery based on majority rule. The Whigs nominated General Zachary Taylor, a slaveholder from Louisiana, who had achieved national prominence as a military hero in the Mexican-American War. Taylor, an almost total novice to politics, did not take a personal stand on any issue and remained silent throughout the campaign. The fledgling Free-Soil Party put forward former president Martin Van Buren as their candidate. The Free-Soil Party attracted northern Democrats who supported the Wilmot Proviso, northern Whigs who rejected Taylor because he was a slaveholder, former members of the Liberty Party, and other abolitionists.

Both the Whigs and the Democrats ran different campaigns in the North and South. In the North, all three parties attempted to win voters with promises of keeping the territories free of slavery, while in the South, Whigs and Democrats promised to protect slavery in the territories. For southern voters, the slaveholder Taylor appeared the natural choice. In the North, the Free-Soil Party took votes away from Whigs and Democrats and helped to ensure Taylor’s election in 1848.

As president, Taylor sought to defuse the sectional controversy as much as possible, and, above all else, to preserve the Union. Although Taylor was born in Virginia before relocating to Kentucky and enslaved more than one hundred people by the late 1840s, he did not push for slavery’s expansion into the Mexican Cession. However, the California Gold Rush made California’s statehood into an issue demanding immediate attention. In 1849, after California residents adopted a state constitution prohibiting slavery, President Taylor called on Congress to admit California and New Mexico as free states, a move that infuriated southern defenders of slavery who argued for the right to bring their enslaved property wherever they chose. Taylor, who did not believe slavery could flourish in the arid lands of the Mexican Cession because the climate prohibited plantation-style farming, proposed that the Wilmot Proviso be applied to the entire area.

In Congress, Kentucky senator Henry Clay, a veteran of congressional conflicts, offered a series of resolutions addressing the list of issues related to slavery and its expansion. Clay’s resolutions called for the admission of California as a free state; no restrictions on slavery in the rest of the Mexican Cession (a rejection of the Wilmot Proviso and the Free-Soil Party’s position); a boundary between New Mexico and Texas that did not expand Texas (an important matter, since Texas allowed slavery and a larger Texas meant more opportunities for the expansion of slavery); payment of outstanding Texas debts from the Lone Star Republic days; and the end of the slave trade (but not of slavery) in the nation’s capital, coupled with a more robust federal fugitive slave law. Clay presented these proposals as an omnibus bill, that is, one that would be voted on its totality.

Figure 4. Henry Clay (“The Great Compromiser”) addresses the U.S. Senate during the debates over the Compromise of 1850. The print shows a number of incendiary personalities, like John C. Calhoun, whose increasingly sectional beliefs were pacified for a time by the Compromise.

Clay’s proposals ignited a spirited and angry debate that lasted for eight months. The resolution calling for California to be admitted as a free state aroused the wrath of the aged and deathly ill John C. Calhoun, the elder statesman for the proslavery position. Calhoun, too sick to deliver a speech, had his friend Virginia senator James Mason present his assessment of Clay’s resolutions and the current state of sectional strife.

In Calhoun’s eyes, blame for the stalemate fell squarely on the North, which stood in the way of southern and American prosperity by limiting the zones where slavery could flourish. Calhoun called for a vigorous federal law to ensure that escaped enslaved people were returned to their enslavers. He also proposed a constitutional amendment specifying a dual presidency—one office that would represent the South and another for the North—a suggestion that hinted at the possibility of disunion. Calhoun’s argument portrayed an embattled South faced with continued northern aggression—a line of reasoning that only furthered the sectional divide.

Several days after Mason delivered Calhoun’s speech, Massachusetts senator Daniel Webster countered Calhoun in his “Seventh of March” speech. Webster called for national unity, famously declaring that he spoke “not as a Massachusetts man, not as a Northern man, but as an American.” Webster asked southerners to end threats of disunion and requested that the North stop antagonizing the South through abolitionist agitation. Like Calhoun, Webster also called for a new federal law to ensure the return of escaped enslaved people.

Webster’s efforts to compromise led many abolitionist sympathizers to roundly denounce him as a traitor. Whig senator William H. Seward declared that slavery—which he characterized as incompatible with the assertion in the Declaration of Independence that “all men are created equal”—would one day be extinguished in the United States. Seward’s speech invoked the idea of a higher moral law than the Constitution and secured his reputation in the Senate as an advocate of abolition.

The speeches made in Congress were published in the nation’s newspapers, and the American public followed the debates with great interest, anxious to learn how the issues of the day, especially the potential advance of slavery, would be resolved. Colorful reports of wrangling in Congress further piqued public interest. Indeed, it was not uncommon for arguments to devolve into fistfights or worse. One of the most astonishing episodes of the debate occurred in April 1850, when a quarrel erupted between Missouri Democratic senator Thomas Hart Benton, who by the time of the debate had become a critic of slavery (despite being an enslaver), and Mississippi Democratic senator Henry S. Foote. When the burly Benton appeared ready to assault Foote, the Mississippi senator drew his pistol.

Figure 5. This 1850 print, Scene in Uncle Sam’s Senate, depicts Mississippi senator Henry S. Foote taking aim at Missouri senator Thomas Hart Benton. In the print, Benton declares: “Get out of the way, and let the assassin fire! let the scoundrel use his weapon! I have no arm’s! I did not come here to assassinate!” Foote responds, “I only meant to defend myself!”

With neither side willing to budge, the government stalled on how to resolve the disposition of the Mexican Cession and the other issues of slavery. The drama only increased when on July 4, 1850, President Taylor became gravely ill, reportedly after eating an excessive amount of cherries washed down with milk. He died five days later, and Vice President Millard Fillmore became president. Unlike his predecessor, who many believed would be opposed to a compromise, Fillmore worked with Congress to achieve a solution to the crisis of 1850.

In the end, Clay stepped down as leader of the compromise effort in frustration, and Illinois senator Stephen Douglas pushed five separate bills through Congress, collectively composing the Compromise of 1850.

1. First, as advocated by the South, Congress passed the Fugitive Slave Act, a law that provided federal money—or “bounties”—to slave-catchers and compelled Northern compliance with apprehending escaped slaves.
2. Second, to balance this concession to the South, Congress admitted California as a free state, a move that cheered antislavery advocates and abolitionists in the North.
3. Third, Congress settled the contested boundary between New Mexico and Texas by favoring New Mexico and not allowing for an enlarged Texas, another outcome pleasing to the North. In return, the federal government paid the debts Texas had incurred as an independent republic.
4. Fourth, antislavery advocates welcomed Congress’s ban on the slave trade in Washington, DC, although slavery continued to thrive in the nation’s capital. Finally, on the thorny issue of whether slavery would expand into the territories, Congress avoided making a direct decision and instead relied on the principle of popular sovereignty, allowing each side to believe they might prevail. This put the onus on residents of the territories to decide for themselves whether to allow slavery. Popular sovereignty followed the logic of American democracy; majorities in each territory would decide the territory’s laws. The compromise, however, further exposed the sectional divide as votes on the bills fell along strict regional lines.

Most Americans breathed a sigh of relief over the deal brokered in 1850, choosing to believe that, once again, a compromise and mutual concessions had saved the Union as it had thirty years earlier. Rather than resolving divisions between the North and the South, however, the compromise stood as a truce in an otherwise white-hot sectional conflict. Tensions in the nation remained extremely high; indeed, southerners held several conventions after the compromise to discuss ways to protect the South. At these meetings, extremists who called for secession found themselves in the minority, since most southerners committed themselves to staying in the Union—but only if slavery remained in the states where it already existed, and if no effort was made to block its expansion into areas where citizens wanted it, thereby applying the idea of popular sovereignty.

Figure 6. This map shows the states and territories of the United States as they were from 1850 to March 1853.