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5.6 Failure of Compromise

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Slavery in the Western territories continued to be a problem, even after the Compromise of 1850. Despite numerous attempts to resolve the issue through legislation, court decisions, and political compromise, sectional tensions only grew worse in the 1850s, ultimately leading to civil war.

Image Courtesy of Nebraska Public Media

The Kansas-Nebraska Act (1854)

The Kansas-Nebraska Act represented a major shift in how the federal government approached the question of slavery in the territories, effectively abandoning earlier compromises and opening new areas to potential slavery expansion.

  • Sponsored by Illinois Senator Stephen A. Douglas

  • Created the territories of Kansas and Nebraska

  • Repealed the Missouri Compromise of 1820, which had banned slavery above the 36°30′ parallel

  • Established "popular sovereignty" - allowing settlers to decide whether to permit slavery

  • Intended to open territories for settlement and economic development

  • Signed into law by President Franklin Pierce

  • Sparked intense debate and protests throughout the country

  • Voting in Congress followed sectional rather than party lines

The End of the Second Party System

The Kansas-Nebraska Act had profound effects on American political parties, breaking down old coalitions and creating new ones based primarily on sectional interests rather than traditional political affiliations.

  • Whig Party split along sectional lines:

    • Conscience Whigs (Northern) - opposed slavery expansion on moral grounds
    • Cotton Whigs (Southern) - supported slavery for economic reasons
  • New Republican Party formed in 1854, combining:

    • Former Conscience Whigs
    • Free Soil Party members
    • Anti-slavery Democrats
    • Some former Know-Nothings
  • Republicans existed primarily to oppose slavery expansion in territories

  • Democrats became increasingly dominated by Southern interests

  • American political system reorganized into the Third Party System (1854-1890s)

  • Political parties now largely regional rather than national

Bleeding Kansas

Image Courtesy of History.com

The principle of popular sovereignty, when applied in Kansas Territory, led not to peaceful democratic resolution but to violence and chaos as pro-slavery and anti-slavery forces competed for control.

  • Violent conflict in Kansas Territory (1854-1861)
  • Struggle between pro-slavery and anti-slavery settlers
  • Both sides rushed to territory to influence vote on slavery
  • Pro-slavery "Border Ruffians" from Missouri illegally voted in Kansas elections
  • Anti-slavery "Free-Soilers" also flooded territory to vote against slavery
  • Multiple elections marked by fraud and intimidation
  • Two competing territorial governments emerged:
    • Pro-slavery government in Lecompton
    • Anti-slavery government in Topeka
  • Violence included raids, murders, and destruction of property
  • John Brown, radical abolitionist, participated in killing of pro-slavery settlers

Caning of Senator Sumner

The violence in Kansas soon spilled over into the halls of Congress itself, demonstrating how sectional tensions were undermining the normal political process.

  • On May 22, 1856, Representative Preston Brooks of South Carolina attacked Senator Charles Sumner
  • Sumner had delivered speech "The Crime Against Kansas" condemning slavery
  • Speech included insulting references to Senator Andrew Butler (South Carolina)
  • Brooks, a relative of Butler, approached Sumner at his desk and beat him with a cane
  • Sumner was so badly injured he didn't return to Senate for three years
  • Incident reflected growing breakdown of civility in national politics
  • Many Southerners celebrated Brooks' actions
  • Many Northerners viewed attack as evidence of Southern brutality

The Lecompton Constitution

President James Buchanan's handling of the Kansas situation further inflamed tensions and divided his own Democratic Party.

  • Pro-slavery territorial legislature in Lecompton drafted state constitution
  • Constitution would have permitted slavery in Kansas
  • Most Kansas settlers opposed this constitution
  • President Buchanan asked Congress to accept document anyway
  • Many Democrats, including Stephen Douglas, joined Republicans in rejecting it
  • Kansas settlers later overwhelmingly rejected the constitution
  • Kansas eventually admitted as a free state in 1861
  • Episode damaged Buchanan's presidency and split Democratic Party

The Dred Scott Decision (1857)

The Supreme Court's ruling in the Dred Scott case represented a dramatic victory for Southern interests and a shocking setback for those hoping to contain slavery's expansion.

  • Dred Scott was an enslaved man who sued for freedom
  • Argued he should be free because his owner had taken him to live in free territory
  • Supreme Court ruled against Scott in March 1857
  • Chief Justice Roger B. Taney delivered majority opinion:
    • African Americans (free or enslaved) were not U.S. citizens and could not sue in federal court
    • The Missouri Compromise was unconstitutional
    • Congress had no power to prohibit slavery in territories
    • Slaveholders had right to take their "property" anywhere in U.S. territories
  • Decision effectively legalized slavery in all territories
  • Republicans and many Northerners condemned the ruling
  • Eventually overturned by 14th Amendment
  • Widely considered one of the worst Supreme Court decisions in history

John Brown's Raid on Harpers Ferry (1859)

John Brown's failed attempt to spark a slave rebellion marked the final breakdown of compromise and set the nation on the path to civil war.

  • Occurred on October 16-18, 1859
  • Brown led a group of 21 men (both Black and White)
  • Seized federal arsenal at Harpers Ferry, Virginia (now West Virginia)
  • Hoped to arm enslaved people and start a rebellion
  • Local enslaved people did not join the uprising
  • U.S. Marines, led by Colonel Robert E. Lee, captured Brown
  • Brown was tried for treason, found guilty, and hanged on December 2, 1859
  • Reactions divided along sectional lines:
    • Many Northerners viewed Brown as a martyr
    • Southerners saw raid as proof the North supported violent overthrow of slavery
    • South increasingly feared for its safety within the Union

The failure of these various compromises and attempts to resolve the slavery issue demonstrated that the fundamental differences between North and South had grown too great for normal political solutions. The breakdown of these efforts set the stage for the 1860 presidential election and the secession crisis that would follow.

Key Terms to Review (24)

14th Amendment: The 14th Amendment, ratified in 1868, was a significant addition to the U.S. Constitution that granted citizenship and equal protection under the law to all persons born or naturalized in the United States. It aimed to secure the rights of former slaves and address issues related to Reconstruction, ensuring that states could not deny any person due process or equal protection of the laws.
Andrew Butler of SC: Andrew Butler was a prominent South Carolina politician and U.S. Senator known for his staunch support of slavery and states' rights. His political career highlighted the tensions surrounding the issue of slavery in the antebellum period, particularly as the nation grappled with the failure of compromises that sought to balance the interests of free and slave states.
Bleeding Kansas: Bleeding Kansas refers to the violent conflict that erupted in the Kansas Territory between 1854 and 1859 over the issue of slavery, following the Kansas-Nebraska Act, which allowed settlers to determine if they would permit slavery. This period of unrest highlighted the failure of compromises aimed at resolving the sectional divide in America, fueled by the growing tensions between pro-slavery and anti-slavery factions and underscored the deepening sectional conflict in the years leading up to the Civil War.
Border Ruffians: Border Ruffians were pro-slavery activists from Missouri who crossed into Kansas in the mid-1850s to influence the decision of whether Kansas would enter the Union as a free or slave state. These individuals played a significant role during the violent conflicts known as 'Bleeding Kansas,' which arose from the tensions between pro-slavery and anti-slavery factions. Their actions were a manifestation of the broader national struggle over slavery and contributed to the breakdown of compromise between North and South.
Caning of Senator Sumner: The Caning of Senator Sumner refers to the violent attack on Senator Charles Sumner by Congressman Preston Brooks in May 1856, which became a symbol of the intense sectional conflict in the United States. This incident occurred in the context of heated debates over slavery and the failure of compromise between pro-slavery and anti-slavery factions, highlighting the deep divisions within American society at the time.
Charles Sumner: Charles Sumner was a prominent American politician and anti-slavery activist, known for his role as a senator from Massachusetts during the tumultuous years leading up to the Civil War. He was an outspoken critic of slavery and a key figure in the Republican Party, advocating for civil rights and social justice. His fierce dedication to these principles often put him at odds with pro-slavery advocates, highlighting the deepening divides in American society and politics, particularly during the failure of compromise over issues related to slavery.
Conscience Whigs: Conscience Whigs were a faction within the Whig Party in the mid-19th century who opposed the expansion of slavery into the territories of the United States. They were motivated by moral and ethical beliefs, viewing slavery as a profound injustice. This group became increasingly influential during the debates surrounding the Compromise of 1850 and the Kansas-Nebraska Act, emphasizing their commitment to anti-slavery principles and leading to a split in the party.
Cotton Whigs: Cotton Whigs were a faction of the Whig Party in the mid-19th century who supported the expansion of slavery into new territories, primarily due to their economic ties to the cotton industry. These individuals prioritized their business interests in cotton production over moral considerations regarding slavery, which ultimately led to divisions within the party as tensions around the issue grew. Their stance contributed to the failure of political compromises aimed at addressing sectional differences in the United States.
Dred Scott v. Sandford decision: The Dred Scott v. Sandford decision was a landmark Supreme Court ruling in 1857 that declared African Americans were not U.S. citizens and had no standing to sue in federal court. The ruling also invalidated the Missouri Compromise, stating that Congress did not have the authority to prohibit slavery in the territories, which highlighted the failure of compromise efforts leading up to the Civil War.
Free Soil Party: The Free Soil Party was a short-lived political party in the United States that emerged in the late 1840s, primarily focused on opposing the expansion of slavery into the western territories. Formed by discontented members of the Democratic and Whig parties, it advocated for free soil for free men, emphasizing that slavery should not extend into new lands acquired during the Mexican-American War. The party played a crucial role in shaping the political landscape during a time of growing sectional tensions over slavery.
Franklin Pierce: Franklin Pierce was the 14th President of the United States, serving from 1853 to 1857. His presidency is often associated with the failure of compromise over the issue of slavery, particularly due to his support for the Kansas-Nebraska Act, which allowed for the possibility of slavery in territories where it had previously been banned. This decision intensified national divisions and ultimately contributed to the breakdown of political agreements aimed at maintaining peace between pro-slavery and anti-slavery factions.
Free-Soilers: Free-Soilers were members of a political movement in the mid-19th century that opposed the expansion of slavery into the territories of the United States. This group emerged during a time of intense national debate over slavery, advocating for the idea that free men on free soil constituted a morally and economically superior system to slavery. They played a crucial role in shaping the political landscape leading up to the Civil War, particularly as compromises around the issue of slavery began to fail.
John Brown: John Brown was an abolitionist who believed in the use of violence to overthrow the institution of slavery in the United States. He is best known for his raid on Harpers Ferry in 1859, where he attempted to initiate a slave uprising, highlighting the growing tensions and conflicts between the North and South over slavery.
John Brown’s Raid on Harpers Ferry: John Brown’s Raid on Harpers Ferry was an armed attack led by abolitionist John Brown in October 1859, aimed at seizing the federal armory at Harpers Ferry, Virginia, to spark a slave uprising. This event exemplified the escalating tensions between pro-slavery and anti-slavery factions in the United States, ultimately highlighting the failure of compromises that sought to address the issue of slavery.
Kansas-Nebraska Act: The Kansas-Nebraska Act was a pivotal piece of legislation passed in 1854 that allowed the territories of Kansas and Nebraska to decide for themselves whether they would allow slavery within their borders through the principle of popular sovereignty. This act intensified sectional conflict, contributed to the failure of previous compromises regarding slavery, and led to violent confrontations known as 'Bleeding Kansas' as pro-slavery and anti-slavery factions rushed into the territories to influence the vote.
Lecompton Constitution: The Lecompton Constitution was a proposed constitution for the state of Kansas that was drafted in 1857 during the territorial disputes over slavery. It sought to establish Kansas as a slave state, but it was met with significant opposition from anti-slavery advocates and ultimately became a symbol of the failure of compromise regarding the expansion of slavery in the United States.
Liberty Party: The Liberty Party was a political organization founded in the United States in 1840, primarily focused on advocating for the abolition of slavery. It emerged from the growing anti-slavery sentiment among Northern abolitionists and aimed to influence national politics by promoting the cause of emancipation and opposing the expansion of slavery into new territories.
Missouri Compromise: The Missouri Compromise was an agreement made in 1820 that aimed to balance the power between slave and free states in the United States. It allowed Missouri to enter as a slave state while Maine entered as a free state, and it established a line at latitude 36°30' north of which slavery was prohibited in the Louisiana Territory, highlighting the growing sectional tensions over slavery.
Preston Brooks: Preston Brooks was a pro-slavery congressman from South Carolina known for his violent attack on abolitionist senator Charles Sumner in 1856. This incident, which involved Brooks beating Sumner with a cane on the Senate floor, symbolized the escalating tensions between pro-slavery and anti-slavery factions in the United States, contributing to the failure of compromises aimed at resolving these conflicts.
Republican Party: The Republican Party is a political party in the United States founded in the 1850s, primarily to oppose the expansion of slavery into the territories. The party emerged as a response to the failures of existing political compromises and grew in prominence during significant events such as the election of 1860, which ultimately led to the secession of several Southern states. Over time, it has evolved to address various social, economic, and political issues throughout American history.
Roger B. Taney: Roger B. Taney was the fifth Chief Justice of the United States, serving from 1836 to 1864, and is best known for his controversial decision in the Dred Scott v. Sandford case. This ruling played a significant role in the failure of compromises aimed at addressing the issue of slavery, as it denied citizenship to African Americans and invalidated the Missouri Compromise, further inflaming sectional tensions between the North and South.
Second Party System: The Second Party System refers to the political party framework in the United States from the 1820s to the 1850s, characterized primarily by the rivalry between the Democratic Party and the Whig Party. This period marked a significant evolution in American political life, featuring heightened voter participation and a clearer delineation of political ideologies, which were influenced by social and economic changes of the time.
Stephen A. Douglas: Stephen A. Douglas was a prominent American politician and lawyer during the mid-19th century, best known for his role in the debates over slavery and territorial expansion, particularly through the Kansas-Nebraska Act. He championed the idea of popular sovereignty, which allowed territories to decide for themselves whether to permit slavery, a stance that significantly influenced political tensions leading to the Civil War and the eventual secession of Southern states.
Third-Party System: The Third-Party System refers to a period in American political history characterized by the emergence of third parties that played significant roles in shaping political debates and electoral outcomes. This system arose in the mid-19th century, particularly during the turbulent years leading up to and including the Civil War, highlighting the growing divisions over issues such as slavery and sectionalism.