Jana Misic

AP U.S. History DBQ

February 3d, 2010

Constitution and the Union during the 1850s

During the Pre-Civil War period North and South differed greatly in their

economical and social policies, leaving in the role of the Constitution to create a fair and

strong political system that would unify the country. The Constitution and its

implementation have however failed by creating national sectionalism, heating up the

tension and failing at preserving the already questionable Union that was established

after the Revolution.

As people were moving West, the slavery issue moved with them, conflict grew

and so did the national sectionalism because of the different opinions regarding slavery.

The North saw slavery as immoral and therefore unconstitutional. Than general Lewis

Cass, nicknamed "jackass", introduced the idea of popular sovereignty. Popular

sovereignty declared that the people of the territory decide whether they will have

slavery or not. Once Kansas-Nebraska Act of 1854 that relied on popular sovereignty

was passed, the Northerners were furious (doc. F). This Act went against the Missouri

Compromise of 1820 and North hated it since it allowed slavery in the West. South was

in favor of this Act (doc. B). Even few years earlier at the time of the Compromise of

1850 sectionalism amongst slave states, free soil states and new territories was easily
noticeable in the Union (doc. A).

During the 1850s tension grew severely between the Northerners and the

Southerners and soon it became clear that compromise is impossible. The Compromise

of 1850 stated a harsher Fugitive Slave Law that forced Northerners to capture runaway

slaves and deliver them back to Southerners (doc. C). This infuriated Northerners that

saw slavery as immoral and evil. Ralph Waldo Emerson, a transcendentalist, said that

the Fugitive Slave Law enabled re-enslaving of African men and women that we

prohibited in 1808 (doc. D). William Seward's Higher law rose morals above the federal

government law. Number of slaves that gained freedom came primarily from their self-

purchase or voluntary emancipation from their owners, not from escape, so the new

Fugitive Slave Law brought more anger and resentment for the North than good for the

South. Several years later, in 1857 Dred Scott court case bitterer the North when Chief

Judge Taney ruled that blacks were not citizens of the states and that the Missouri

Compromise denied slaveholders their property thus compromising the Fifth

Amendment. Dred Scott decision was a Southern answer to John Brown's raids in the

South and attempts at starting a slave rebellion. Brown, God's angry name wanted to

purge slavery with blood. The inter-resentment between North and South increased and

led to the Civil War.

Already weak Union was troubled by the Constitution that said nothing

specifically about the biggest issue of the time and this oversight was the foundation for

the failure of the Union. In 1849 Clay, Calhoun and Webster appeared for the last time

together at Nashville, Tennessee to try to reach out to the people and show the
importance of preserving the Union. Their attempt culminated in the Compromise of

1850 that proved to be in the Northern favor and not equal for the Union overall. Old

Guard's death marked the ending of the compromise era. Abolitionist such as William L.

Garrison argued, the Constitution never used the word slave or slavery while the

government keeps this peculiar institution (doc. E). Northern abolitionists clearly stated

that Union with slaveholders was never possible, thus it was falling apart. President

Buchanan believed in popular sovereignty and wanted a peaceful agreement with the

South, so he suggested an extra explanatory amendment to be added to the

Constitution to try to prevent the aggressive conflict (doc. G). All the failed compromises

led to Lincoln's election that was the final straw for the South and then it became clear

that Union dream was drifting away. Soon after, South Carolina seceded and was

followed by six other states. The states were drifting away in their own directions.

When the Old Guard died the biggest part of the Union idea died with them. The

South and the North refused to cooperate to avoid violent conflict. Popular sovereignty

and the Compromise of 1850, Fugitive Slave Law, William Seward, Dred Scott decision

and John Brown showed the variables of the Constitution that failed to establish and

protect one, unified government. Lastly, Lincoln's presidency usurped the South to

secede and disregard the Union.