The southern portion of the territory of Missouri, which was not included within the limits of the proposed State, was organized as a separate territory, under the designation of the Arkansas Territory. After considerable debate, and several attempts to insert an amendment for the restriction of slavery, the bill creating the territory of Arkansas passed without any reference to slavery, and thus the territory was left open to slavery, and also the State some years later.
The Congressional discussion of the slavery question aroused the anti-slavery sentiment of the North, which found expression in large and earnest meetings, in pungent editorials, and numerous memorials. At Trenton, New York, Philadelphia, Boston, and other places, the indignation against slavery was great. On December 3, 1819, a large meeting was held in the State House at Boston, when a resolution was adopted to memorialize Congress on the subject of "restraining the increase of slavery in new States to be admitted into the Union." The memorial was drawn by Daniel Webster, and signed by himself, George Blake, Josiah Quincy, James T. Austin, and others. The New York Legislature passed resolutions against the extension of slavery into the territories and new States; and requested the Congressmen and instructed the Senators from that State not to vote for the admission of any State into the Union, except such State should pledge itself to unqualified restriction in the letter and spirit of the ordinance of 1787. These resolutions were signed on January 17, 1820.
On the 24th of January the New Jersey Legislature followed in the same strain, with six pertinent resolves, a copy of which the governor was requested to forward "to each of the senators and representatives of this State, in the Congress of the United States."
Pennsylvania had taken action on the 11th of December, 1819; but the resolves were not signed by Gov. William Findlay until the 16th of the month. The Legislature was composed of fifty-four Democrats and twenty Whigs, and yet there was not a dissenting vote cast.
Two Southern States passed resolutions,—Delaware and Kentucky: the first in favor of restriction, the last opposed to restriction.
The effort to secure the admission of Missouri with a slave constitution was not dead, but only sleeping. The bill was called up as a special order on the 24th of January, 1820. It occupied most of the time of the House from the 25th of January till the 19th of February, when a bill came from the Senate providing for the admission of Maine into the Union, but containing a rider authorizing the people of Missouri to adopt a State constitution, etc., without restrictions respecting slavery. The bill providing for the admission of Maine had passed the House during the early days of the session, and now returned to the House for concurrence in the rider. The debate on the bill and amendments had occupied much of the time of the Senate. In the Judiciary Committee on the 16th of February, the question was taken on amendments to the Maine admission bill, authorizing Missouri to form a State constitution, making no mention of slavery: and twenty-three votes were cast against restriction,—three from Northern States; twenty-one in favor of restriction,—but only two from the South.
Mr. Thomas offered a resolution reaffirming the doctrine of the sixth article of the ordinance of 1787, and declaring its applicability to all that territory ceded to the United States by France, under the general designation of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, etc. But on the following day he withdrew his original amendment, and submitted the following:
"And be it further enacted, That in all the territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees thirty minutes, north latitude, excepting only such part thereof as is included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crime whereof the party shall have been duly convicted, shall be and is hereby forever prohibited. Provided always, that any person escaping into the same, from where 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."
Mr. Trimble, of Ohio, offered a substitute, but it was rejected. The question recurring upon the passage of the amendment of Mr. Thomas, excluding slavery from all the territory north and west of Missouri, it was carried by a vote of 34 to 20.
Thus amended, the bill was ordered to engrossment by a vote of 24 to 20. On the 18th of February the bill passed, and this was its condition when it came to the House. By a vote of 93 to 72 the House agreed not to leave the Missouri question on the Maine bill as a rider; but immediately thereafter struck out the Thomas Senate amendment by a vote of 159 to 18. The House disagreed to the remaining Senate amendments, striking out the clause restricting slavery in Missouri by a vote of 102 to 68.