California+-+Free+or+Slave


 * New Land Renews Slavery Disputes**

The United States added more than 500,000 square miles of land as a result of winning the Mexican-American War in 1848. The additional land caused bitter debate about slavery. The Missouri Compromise of 1820 had divided the Louisiana Purchase into either free or slave regions. It prohibited slavery north of latitude 36°30' but let Missouri become a slave state. In the 1840s President James K. Polk wanted to extend the 36°30' line to the West coast, dividing the Mexican Cession into two parts—one free and one enslaved. Some leaders, including Senator Lewis Cass of Michigan, encouraged popular sovereignty, the idea that political power belongs to the people, who should decide on banning or allowing slavery. Some northerners wanted to outlaw slavery in all parts of the Mexican Cession. During the war, Representative David Wilmot offered the Wilmot Proviso, a document stating that “neither slavery nor involuntary servitude shall ever exist in any part of [the] territory.” The northern-controlled House passed the document, but in the Senate, the South had more power. The Wilmot Proviso did not pass.


 * The California Question**

The California gold rush caused such rapid population growth that California applied to join the Union as a state instead of as a territory. to reach California. Many easterners and Europeans arrived via sea routes. Midwestern gold-seekers usually traveled West in wagon trains. Most forty-niners first arrived in San Francisco. This port town became a convenient trade center and stopping point for travelers. As a result, its population increased from around 800 in March 1848 to more than 25,000 by 1850. But would California enter the Union as a free state or a slave state? Most Californians opposed slavery, which had been illegal when the state was part of Mexico. Also, many forty-niners had come from free states. But if California became a free state, the balance between free and slave states would change, favoring the free states. In the South, an imbalance was unacceptable. “We are about permanently to destroy the balance of power between the sections,” said Senator Jefferson Davis of Mississippi. He and many other southerners did not want California to enter the Union as a free state.
 * Most of the forty-niners braved long and often dangerous journeys


 * Compromise of 1850**

Senator Henry Clay of Kentucky had helped to settle the Missouri crisis of 1819–20 and the nullification crisis of 1832–33 by proposing compromises. He now had another plan to help the nation maintain peace. His ideas were designed to give both sides things that they wanted: 1. California would enter the Union as a free state. 2. The rest of the Mexican Cession would be federal land. In this territory, popular sovereignty would decide on slavery. 3. Texas would give up land east of the upper Rio Grande. In return, the government would pay Texas’s debts from when it was an independent republic. 4. The slave trade—but not slavery—would end in the nation’s capital. 5. A more effective fugitive slave law would be passed.

Clay’s plan drew attack, especially regarding California. Senator William Seward of New York defended antislavery views and wanted California admitted “directly, without conditions, without qualifications, and without compromise.” However, Senator John C. Calhoun of South Carolina argued that letting California enter as a free state would destroy the nation’s balance. He warned people of issues that would later start the Civil War. Calhoun asked that the slave states be allowed secede—formally withdraw—from the Union. In contrast, Senator Daniel Webster of Massachusetts favored Clay’s plan: “I wish to speak today, not as a Massachusetts man, nor as a Northern man, but as an American… I speak today for the preservation of the Union. Hear me for my cause.” —Daniel Webster, quoted in Battle Cry of Freedom by James M. McPherson

Webster criticized northern abolitionists and southerners who talked of secession. A compromise was enacted that year and seemed to settle most disputes between free and slave states. It achieved the majority of Clay’s proposals. With the Compromise of 1850, California was able to enter the Union, as a free state. The rest of the Mexican Cession was divided into two territories—Utah and New Mexico—where the question of whether to allow slavery would be decided by popular sovereignty. Texas agreed to give up its land claims in New Mexico in exchange for financial aid from the federal government. The compromise outlawed the slave trade in the District of Columbia and established a new fugitive slave law.


 * Fugitive Slave Act**

The newly passed Fugitive Slave Act made it a crime to help runaway slaves and allowed officials to arrest those slaves in free areas. Slaveholders were permitted to take suspected fugitives to U.S. commissioners, who decided their fate.


 * Details of the Fugitive Slave Act**

Slaveholders could use testimony from white witnesses, but enslaved African Americans accused of being fugitives could not testify. Nor could people who hid or helped a runaway slave—they faced six months in jail and a $1,000 fine. Commissioners who rejected a slaveholder’s claim earned $5 while those who returned suspected fugitives to slaveholders earned $10. Clearly, the commissioners benefited from helping slaveholders.


 * Reactions to the Fugitive Slave Act**

Enforcement of the Fugitive Slave Act began immediately. In September 1850—the same month the law was passed—federal marshals arrested African American James Hamlet. They returned him to a slaveholder in Maryland, although he had lived in New York City for three years. Thousands of northern African Americans fled to Canada in fear. In the 10 years after Congress passed the Fugitive Slave Act, some 343 fugitive slave cases were reviewed. The accused fugitives were declared free in only 11 cases. The Fugitive Slave Act upset northerners, who were uncomfortable with the commissioners’ power. Northerners disliked the idea of a trial without a jury. They also disapproved of commissioners’ higher fees for returning slaves. Most were horrified that some free African Americans had been captured and sent to the South. Most northerners opposed to the Act peacefully resisted, but violence did erupt. In 1854 Anthony Burns, a fugitive slave from Virginia, was arrested in Boston. Abolitionists used force while trying to rescue him from jail, killing a deputy marshal. A federal ship was ordered to return Burns to Virginia after his trial. Many people in the North, particularly in Massachusetts, were outraged. The event persuaded many to join the abolitionist cause.