Vance Gray Professor Busby American History 4/3/12 WC: 597
Failure of the Union
The Compromise of 1850, would seemingly give the South a taste of victory with a new more effective Fugitive Slave Act. The South acting on this new law began sending Bounty Hunters for the retrieval of their fugitive slaves, inadvertently revealing the true brutality of Slavery, thus spreading throughout the Nation like a raging wildfire. The Northern dissidents fueled by hatred over the inhumanity of slavery, would progressively intervene in their capture, by posting flyers warning the colored people of the empowerment the South now had to act as kidnappers, protests with physical violence, murder and defied the Constitutional right of the Southerners and eventually creating the Failure of the Union. (Doc. C) The abolition of slavery into new territory (Wilmot- Proviso 1846)passed in the House of Representatives nine times, yet failing in the Senate revealing a significant sign in the Souths loss of power to the North in Congress. The addition of California into the Union in 1849 would now leave the South as a minority in the Senate as well. (Free States 16 - Slave States 15). (Doc. A.) A viable contention of the South in their withdraw from the Union was over the refusal of the North to return fugitive slaves to their rightful owner, and the owners right to move his property (slaves included) to a new state in search of fertile soil. The North then insistent upon the South to be excluded from their soil. The Constitution in its creation needed the constraint of the Southern states in order for the Constitution to be ratified; furthermore, the Southern states would never constrain the Constitution without the provisions to protect slavery. Article -1 Section2 created the 3/5s count of slaves for apportionment and taxes. In Article 1, Section 9, Congress is limited, expressly, from prohibiting the "Importation" of slaves, before 1808. A compromise of 20 years, allowed the slave trade to continue. While the North states would declare an immoral law such as slavery to be null and void. These provisions albeit were tactfully written into the constitution are
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still a binding part of our Constitution therefore it cannot be nullified or it will
kill the entire Constitution. (Doc. B) Although the immoral, nature of Slavery was becoming more prevalent throughout the United States, in the rigorous labor of farming it was crucial to the Era of its time. The freesoilers claiming that slavery was being forced upon them simply created the illusion to intensify the tension in the hopes of ending slavery. Hindering the extremely larger Plantation owners and the competition, they ruled. In 1857, the infamous Supreme Court decision in (Dred Scott vs. Sandford) ruled; Congress lacked the power to prohibit slaveries in its territories. It also concluded that people of African ancestry (whether free or a slave, including Scott) could never become citizens within the meaning of the Constitution, and hence lacked the ability to bring suit in federal court. (Chief Justice Roger Taney wrote for the majority of Scott) (Doc.F) The failure of the Union was definitely a finger pointing blame game and each side completely utilitarian in concept. The Confederate side began to plummet after the denial to return slaves under the Fugitive Slave Act. The ruling under the Mexican cession would only increase the threat from the Yankees of repeating itself like the Fugitive Slave Act. Lastly, the mayhem of Bleeding Kansas, Massacre of Pottawatomie, and Harpers Ferry left the South with no other choice but to defend what was taken away from them.