The Territorial Crisis and the United States Constitution Origins of the American Civil War

united states map, 1863

between 1803 , 1854, united states achieved vast expansion of territory through purchase, negotiation , conquest. of states carved out of these territories 1845, had entered union slave states: louisiana, missouri, arkansas, florida , texas, southern portions of alabama , mississippi. , conquest of northern mexico, including california, in 1848, slaveholding interests looked forward institution flourishing in these lands well. southerners anticipated garnering slaves , slave states in cuba , central america. northern free soil interests vigorously sought curtail further expansion of slave soil. these territorial disputes proslavery , antislavery forces collided over.

the existence of slavery in southern states far less politically polarizing explosive question of territorial expansion of institution in west. moreover, americans informed 2 well-established readings of constitution regarding human bondage: slave states had complete autonomy on institution within boundaries, , domestic slave trade – trade among states – immune federal interference. feasible strategy available attack slavery restrict expansion new territories. slaveholding interests grasped danger strategy posed them. both south , north believed: power decide question of slavery territories power determine future of slavery itself.

by 1860, 4 doctrines had emerged answer question of federal control in territories, , claimed sanctioned constitution, implicitly or explicitly. 2 of conservative doctrines emphasized written text , historical precedents of founding document, while other 2 doctrines developed arguments transcended constitution.

author of crittenden compromise bill, december 18, 1860

one of conservative theories, represented constitutional union party, argued historical designation of free , slave apportionments in territories should become constitutional mandate. crittenden compromise of 1860 expression of view.

the second doctrine of congressional preeminence, championed abraham lincoln , republican party, insisted constitution did not bind legislators policy of balance – slavery excluded altogether in territory @ discretion of congress – 1 caveat: due process clause of fifth amendment must apply. in other words, congress restrict human bondage, never establish it. wilmot proviso announced position in 1846.

of 2 doctrines rejected federal authority, 1 articulated northern democrat of illinois senator stephen a. douglas, , other southern democrats senator jefferson davis of mississippi , senator john c. breckinridge of kentucky.

stephen a. douglas – author , proponent of kansas–nebraska act of 1854

douglas devised doctrine of territorial or popular sovereignty, declared settlers in territory had same rights states in union establish or disestablish slavery – purely local matter. congress, having created territory, barred, according douglas, exercising authority in domestic matters. violate historic traditions of self-government, implicit in constitution. kansas–nebraska act of 1854 legislated doctrine.

the fourth in quartet theory of state sovereignty ( states rights ), known calhoun doctrine after south carolinian political theorist , statesman john c. calhoun. rejecting arguments federal authority or self-government, state sovereignty empower states promote expansion of slavery part of federal union under constitution – , not merely argument secession. basic premise authority regarding matters of slavery in territories resided in each state. role of federal government merely enable implementation of state laws when residents of states entered territories. calhoun asserted federal government in territories agent of several sovereign states, , hence incapable of forbidding bringing territory of legal property in state. state sovereignty, in other words, gave laws of slaveholding states extra-jurisdictional effect.

states rights ideology formulated , applied means of advancing slave state interests through federal authority. historian thomas l krannawitter points out, [t]he southern demand federal slave protection represented demand unprecedented expansion of federal power.

by 1860, these 4 doctrines comprised major ideologies presented american public on matters of slavery, territories , constitution.