Académique Documents
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Culture Documents
I.
INTRODUCTION
Such
The
notion that where property rights are not well defined or where
common ownership exists, open access can lead to a tragedy of
the commons.
Tragedy
of
In the
Deep
manuscript, 1988.
because the states had options other than joining the American
union.
An
4Staughton
1988, p. 10.
1848-1861.
New York,
Northwest Ordinance were erected over a period of 47 years Indiana (1800), Michigan (1805), Illinois (1809), and Wisconsin
(1836) - all five Presidents assented to the principle that a
right to exclude slavery from the territories existed.7
Conflict typically emerged following the acquisition of a new
endowment of common property, for instance in the first official
attempts to organize the Louisiana purchase which resulted in
the Missouri Compromise, and in the question of how to allocate
the new territories acquired from Mexico.
7Potter,
would enter as free states, while those south would permit, but
not require, slavery.
The Platte Purchase was an addition of territory to the
northwest corner of the slave state of Missouri in 1836, taken
from what had been and was to remain free territory according to
the terms of the Missouri Compromise.
Missouri
1819-1831
peacefully demands an explanation in the same sense that nonpeaceful territorial acquisitions require an explanation.
What
In attempting
This implies
8Ronald
10Floyd
York:
11Howard
1804-1821.
New
Vol.
10
Maps published in
1822 and 1824 were quite accurate, however, which casts some
doubt upon this claim.
Thomas Benton, the more prominent senator from Missouri,
gave most of the ultimate credit for successfully obtaining the
annexation to his colleague, senator Lewis Linn13
A memorial
Carr, Missouri:
Company, 1888, p.186
14Howard
A Bone of Contention.
Boston:
It was
Houghton Mifflin
11
state of Missouri from the general assembly and from the state's
governor.
V.
The
15Harold
12
Great Lakes region and locate them in areas including the Platte
country, but instead amended the treaty to exclude Platte from
that area to be assigned to the Indians.
of the credit
16Harold
I. McKee, p.137.
17Howard
I. McKee, p. 138.
18Harold
I. McKee, p. 140.
13
19Harold
I. McKee, p. 140.
20Congressional
21Congressional
22United
23Messages
New
14
explanation.
been alarmed at the fact that the balance of power favored the
north and had called for an immediate annexation of the newly
independent republic of Texas, hardly characteristic of a
25A
Washington
15
clandestine conspiracy.
A TERRITORIAL LOGROLL?
Aside from the fact that the negotiations for the Platte
Purchase took several years to accomplish their end, the
concrete fact of an illegal annexation appears to have caused
only the slightest disturbance in Congress.
Debate at its
Given the
16
In fact
favor these existing northern states at the same time that the
Missouri Compromise was violated in a manner that favored the
south.
In those rare instances when the Platte Purchase has been
17
the Platte Purchase was not merely a device to placate the South
in the north's lack of enthusiasm for annexing Texas, but I am
skeptical because this position offers the north nothing in
exchange.
act by Congress, but the territory took matters into its own
hands and enabled itself.30
29 Thomas
1763-1893.
Houghton
18
held in May.
The boundary of
31Thomas
32Frederic
33Thomas
L. Paxson, p. 299.
19
Jackson was
As historians
it had, and that its failure to vote Democratic in the 1936 was
not a prisoner's dilemma outcome unexpected by the Democratic
Party, particularly the southern wing, in which Ohio had reneged
on returning a favor.
34Thomas
35Frederic
L. Paxson, p. 299.
20
Benton then
A motion to table
Of the
38
36Abridgement
Company:
37Abridgment
38Reported
21
The separate
The House
39As
22
a mean amount of jealousy existed over the fact that after the Compromise
slave states had little more room to expand in the Louisiana Territory relative
to northern interests. Letter by Missouri Senator David published in Missouri
Intelligencer, January 29, 1821, reprinted in Frank Heywood Hodder, "Side Lights
on the Missouri Compromises," American Historical Association Annual Report, 1909,
p. 158.
42Thomas
Hart Benton, Thirty Years' View; or, A History of the Working of the
American Government for Thirty Years, from 1820 to 1850. two volumes, New York:
Greenwood Press, 1854-1856, p. 626.
23
Benton's sponsorship of
Michigan did more than merely secure territory for these three
states in exchange for territory in his own.
CONCLUSION
Prior studies have shown how gains from trade can explain
the willingness of opposing sides of the slavery issue to accept
restrictions on what institutions are permitted within territory
that does not, but will in the future qualify for statehood.
The contracts, whether constitutional or not, attained an almost
sacred aura in particular cases, and adherence to them was
critical to long periods of relative calm.
While I can't
24
that the Missouri Compromise was violated to favor the proslavery side, the Northwest Ordinance of 1787 was also violated,
under the leadership of a not-uninterested southern senator, in
a manner that favored three then-existing powerful northern
states.
25
EVIDENCE AND AUTHORITIES
Benton, Thomas H. Thirty Years' View; or, A History of the
Working of the American Government for Thirty Years, from
1820 to 1850. two volumes, New York: Greenwood Press,
1854-1856.
Benton, Thomas H., Ed. Abridgment of the Debates of Congress
from 1789 to 1856. Vols. 12 and 13, New York, 1859.
Bestor, Arthur. "The American Civil War as a Constitutional
Crisis," in Friedman, L.M. and H. N. Scheiber, editors,
American Law and the Constitutional Order. Cambridge:
Harvard University Press, 1978.
Biographical Directory of the United States Congress: 17741889. United States Government Printing Office, 1989.
Carr, Lucien. Missouri: A Bone of Contention.
Houghton Mifflin Company, 1888.
Boston:
Washington,
26
Territory and a Copy of the Census of the Fall of 1817:
Amounting to 19,218 males. December 8, 1819. Washington:
Printed by Gales and Seaton. Reprinted in Floyd Shoemaker,
Missouri's Struggle for Statehood: 1804-1821. New York:
Russell & Russell, 1916, p. 58.
Messages and Papers of the Presidents. Bureau of National
Literature: Washington, D.C., Vol. IV, 1897.
Neuhoff, Dorothy A. The Platte Purchase. Washington University
Studies, Vol. II, Humanistic Series No. 2.
Paxson, Frederic L. History of the American Frontier:
1893. Houghton Mifflin Company: New York, 1924.
Potter, David.
1763-