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The Missouri Compromise 1820–21 - Bruce Frohnen, The American Republic: Primary Sources [2002]

Edition used:

The American Republic: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2002).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


The Missouri Compromise
1820–21

The Missouri Territory sought to enter the union as a state in 1818. Because its proposed constitution allowed slavery, this would have given slave-holding states a numerical advantage in the U.S. Senate, then evenly divided between slave-holding and non-slave-holding states. James Tallmadge, a congressman from New York, sought to insert in Missouri’s constitution a provision freeing slaves born there after admission into the union and prohibiting importation of slaves into that state. An angry stalemate ensued when this amendment was defeated in the U.S. Senate. Only after Maine applied for admission as a free state did members of Congress from the North signal approval of Missouri’s application as a slave state. But this approval itself had a catch: In the rest of the territory of the Louisiana Purchase, slavery would not be allowed north of the line marking Missouri’s southern border. Moreover, Missouri was not made a state until it accepted the further condition that it not deny free blacks their rights under the U.S. Constitution.

The Missouri Compromise

An act to authorize the People of the Missouri 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 Slavery in certain Territories

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that portion of the Missouri Territory included within the boundaries hereinafter designated, be, and they are hereby authorized to form for themselves a Constitution and State Government; and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union, upon an equal footing with the original States, in all respects whatsoever. . . .

Sec. 8. 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 degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties 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 service as aforesaid. . . .

Resolution providing for the Admission of the State of Missouri into the Union, on a certain Condition
2 March, 1821

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 26th section 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 the 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 the said act; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceedings on the part of Congress, the admission of the said state into this Union shall be considered as complete.