Missouri's Platte Purchase and the Statehood of Michigan - Term Paper

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    TERM PAPER  

     American Economic History

    Professor Jennifer Roback

    The Anatomy of Compromise: Missouri's Platte Purchase

    and the Statehood of Michigan 

    Tendered 30 April 1991

    Clyde Wayne Crews, Jr. 

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    I. INTRODUCTION 

    Knowledge of property rights and gains from trade provides

    a unique vantage point for the economist when overstepping his

    own territory and imposing upon that of historians. Such

    perspectives lead economists to view questions of the expansion

    of a territorial franchise, like that of nineteenth century

    America, in a different manner from that of historians.1  The

    course of events in the 19th century culminating in the Civil

    War illustrates both successes and failures in the efforts of

    one nation to peacefully tame a vast continent by allocating its

    changing territorial expanses among citizens and states with

    non-harmonious interests. All economists are familiar with 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. These ideas have been developed and explored by

    Arthur Bestor2 and more recently by Jennifer Roback3 as they

    1When historians do emphasize economic issues in the coming of

    the Civil War, the issues are frequently intertwined with an

    industrial versus agrarian class struggle [Charles and Mary Beard,

    1927]. Others emphasize ethnicity and perhaps religion [Joel

    Silbey, 1964], or race [Eric Foner, 1974]. These methods, even if

    believed to be dead wrong, have a theoretical underpinning or

    guiding principle and are therefore preferred by the economist toany sort of "great man" theory of history, which rules out theory

    altogether.

    2Arthur Bestor, "The American Civil War as a Constitutional

    Crisis," American Historical Review , 69, 1964, pp. 327-352.

    3Jennifer Roback, "The Coming of the Civil War Part 1: The

    Tragedy of the Commons," Center for Study of Public Choice

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    relate to the coming of the Civil War.

    Studies that emphasize the potential negative impact of

    common property reveal that lawful specific allocation of former

    common property, especially when carried out by constitutional

    provisions but sometimes when accomplished by mere legislative

    decree, tends to mitigate the disruptive forces that animate and

    stir opposing interests. An explanation that economists offer

    [particularly Roback, 1988] is that a type of unanimous consent,

    brought about by the existence of gains from trade, has made a

    harmonious resolution possible in these instances. In the

    American experience, such bargains materialized in the Northwest

    Ordinance and in the Missouri Compromise, each of which

    allocated recently acquired common property for at least a

    generation into the future by creating a package acceptable to

    the relevant interests.

    According to traditional analysis, maintaining peace

    between the northern and southern interests depended upon the

    sanctity and observance of these national contracts. Deep

    sectional rifts emerged following perceived incursions upon

    these agreements: By introducing the principle of popular

    sovereignty, the Kansas-Nebraska Act would have permitted

    slavery in territory that the Missouri Compromise had declared

    free, obviously agitating the north. Ultimately, both the

    manuscript, 1988.

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    Compromise and the principle of popular sovereignty itself were

    declared invalid by the Dred Scott decision's provision that

    slavery could not be excluded from any territory, effectively

    eliminating even the modest tool that popular sovereignty

    afforded the north as a way of slowing the spread of slavery.

    The Wilmot Proviso, though never enacted, would have excluded

    slavery from any of the territory acquired as a consequence of

    the Mexican War, effectively wiping out any gains from trade

    that may have been present in that region.

    The force with which opposing factions were excited by

    these transgressions makes it almost inconceivable that either

    pact could have been violated peacefully, yet this did indeed

    happen. The fact that these infringements occurred, however, is

    not fatal to an economic approach. On the contrary, gains from

    trade can also explain a willingness to overlook these "sacred

    arrangements" when a mutual interest exists in the same way that

    it explains the power of those very agreements over the common

    property problem. Through the examination of a little-studied

    episode in which explicit simultaneous violations occurred of

    two laws that had achieved almost sacred status in the minds of

    many, the Missouri Compromise and the Northwest Ordinance, this

    essay will apply economic analysis, specifically a case study in

    gains from trade, to help explain why an "illegal" annexation of

    free territory to slave territory was peacefully effected within

    the very region that had generated explosive debate in Congress

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    in 1819, and that led to bloodshed on adjacent ground in 1854.

    II. THE SANCTITY OF TERRITORIAL AGREEMENTS 

    The web of negotiations and settlements that led to the

    formation of the United States resulted in agreements that were

    of value to each state. The agreements had to be unanimous

    because the states had options other than joining the American

    union. Staughton Lynd illustrated the plausible workings of an

    intricate mechanism in which the contemporaneously drafted

    Constitution and Northwest Ordinance served to harmonize the

    interests of the several states even though one sanctioned and

    officially recognized slavery, while the other expressly

    prohibited it.4  David Potter points out that the Northwest

    Ordinance carried particular force since it was almost

    immediately reaffirmed by the new Congress on August 2, 17895 but

    as territorial parameters changed over time, some states began

    to rethink their original decision to become a part of the

    union.6 

    Nevertheless, despite agitation and grumbling, these

    agreements did carry significant weight in the political realm

    as long as the territorial parameters were not shifting. An

    4Staughton Lynd, "The Compromise of 1787,"Political Science Quarterly , Vol.

    LXXXI, June 1966, No. 2, p. 225.

    5David Potter, The Impending Crisis: 1848-1861. Harper & Row: New York,

    1976, p. 54.

    6Roback, 1988, p. 10.

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    attitude that the agreement should not be tampered with seemed

    to prevail. For example, when the territories subsumed by the

    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. Conflict also ensued

    when the rules of territorial allocation changed in the middle

    of the game, for instance when popular sovereignty was

    introduced in the Kansas and Nebraska territory where the

    question of slavery had previously settled by the Missouri

    Compromise.

    III. THE PLATTE PURCHASE 

    The admission of the Show Me state was an occasion of great

    consequence for the union. The Missouri Compromise itself has

    been extensively studied and documented many times, and so is

    not our focus here. The settlement or Compromise was to pair

    the admission of Missouri, which stretches far north of the

    7Potter, 1976, p. 54. This paper will demonstrate that a condition of the

    Northwest Ordinance, though unrelated to questions of slavery, was violated with

    the admission of Michigan as a state, however.

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    southernmost bend of the Ohio River and the free Northwestern

    states that it bordered, as a slave state with the admission of

    Maine as a free state, and to fix the terms of the admission of

    states in the remainder of the territory of the Louisiana

    Purchase: States carved out of the area north of 36 degrees 30'

    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. The addition forms the

    triangular region adjacent to the Missouri River on the western

    side of the state, and was subsequently divided into six

    counties; one of these, Buchanan, is the home of the Missouri's

    third largest city, St. Joseph. The total area of the purchase

    was about two million acres, and represents an annexation larger

    in size than the states of Delaware and Vermont. Missouri

    received this addition of prime territory in spite of the

    Compromise and in spite of the fact that it already was the

    largest state in the union. The Platte Purchase clearly

    embodied an expansion of slavery. Given that acquisitions of

    territory by the United States and changes in the rules of the

    game were so obviously explosive at this stage of history, this

    paper seeks to investigate how such an annexation was carried

    out peacefully, when later infringements upon the same law, the

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    Missouri Compromise, proved so deadly.

    IV. CIRCUMSTANCES PRECEDING

    THE PLATTE PURCHASE: 1819-1831 

    A plausible economic explanation for the volatility of the

    aforementioned violations of agreements regarding the

    territories or acquisitions of new territory is that one side

    stands to lose wealth, or to be shut out from trades that would

    have been resolved peaceably in the absence of the change in

    circumstances. Textbook and article accounts, if they mention

    the Platte Purchase at all, typically gloss over it without

    recognizing its significance as a violation of the Missouri

    Compromise. The fact that the transaction was executed

    peacefully demands an explanation in the same sense that non-

    peaceful territorial acquisitions require an explanation. What

    made the outcome of such physically similar operations (the

    annexation of territory) so painfully different? In attempting

    to study the coming of the Civil War, perhaps there is a lesson

    to be learned not simply from a one-sided study of those cases

    which proved conducive to sectional strife, but also from

    studying examples in which those sectional forces were kept in

    check. Economics can provide a "Coaseian" gains-from-trade

    approach to peaceful resolutions like the Platte agreement, so

    perhaps there is a lesson to be learned. The thrust of that

    approach is that if transaction costs are low and property

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    rights defined, an optimal allocation will result.8  This implies

    that unanimity , or something that approximated it closely

    enough, was reached in regard to the Northwest Ordinance, and

    the Missouri Compromise. Though the Platte Purchase was

    different because it involved the violation of existing laws

    rather than the creation of new ones, it still may have entailed

    a certain brand of unanimity.

    The Platte region had always been desirable to those living

    in the territory of Missouri. The claims of the Missouri

    petitioners for statehood had actually been more ambitious in

    1819, when they asked for admission with a boundary that

    included the eastern portion of what is now Kansas in addition

    to most of the Platte region.9  Floyd Shoemaker quotes a

    citizen's editorial in the Missouri Intelligencer of December

    31, 1819 who said "It is impossible for our government to keep

    our frontier settlers from crossing the western Indian line to

    the fertile lands of the Little Platte. These lands must be

    purchased in a short time, and if annexed to our state would

    save Congress the expense of a territorial government for a long

    8Ronald Coase, "The Problem of Social Cost,"Journal of Law and Economics.

    October 1960, 3, pp. 1-44.

    9Memorial and Resolutions of the Legislature of the Missouri 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, Appendix II, p. 324.

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    time - perhaps for one hundred years."10  This forecast proved

    accurate as the lands were indeed purchased in a relatively

    short time.

    The United States had long pursued a vigorous policy of

    locating Indians within existing territory, and this policy had

    been offered as an explanation for Platte's exclusion from

    Missouri's original boundaries.11  The strife that thereby

    resulted between Indians and white inhabitants led to a policy

    under President Jackson of moving Indians in existing states to

    territory west of the Mississippi. At Prairie du Chien, on July

    15, 1830, a treaty was enacted with a number of tribes in which

    a large territory, including the Platte region, was ceded by the

    Indians to the United States government, with the understanding

    that the President would then allocate these lands among the

    tribes. But this enactment caused tremendous excitement on the

    frontier, the settlers of which saw such acts to secure the

    lands to the Indians in perpetuity as a frustration of their

    efforts to create new western states. The claims also were that

    white settlers would lose convenient access to Missouri River

    steamboat transportation if blocked from the Indian grounds,12 

    10Floyd Calvin Shoemaker, Missouri's Struggle for Statehood: 1804-1821. New

    York: Russell & Russell, 1916, p. 58.

    11Howard I. McKee, "The Platte Purchase," Missouri Historical Review . Vol.

    XXXII, January 1938, No. 2, p. 180.

    12Howard I. McKee, p. 131 and 133.

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    since Missouri's upper northwest corner at this time was

    separated from the Missouri River by the triangle that was to

    become the Platte Purchase.

    No sooner had these enactments taken place than Missouri

    statesmen began looking for ways to extinguish the newly-created

    Indian titles. Claims were made by Missouri senators Thomas

    Hart Benton and Lewis Linn and Congressman A. G. Harrison that

    the "strip" of land in question was actually much smaller than

    supposed, and would have been included in the state initially if

    geographic knowledge had been more accurate. 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

    from the Missouri state legislature urging the federal Congress

    that the boundary be extended and that Jackson not locate

    Indians in the area until Congress and Missouri could come to an

    agreement regarding the final disposition was adopted as early

    as December 1830.14  Benton presented this memorial in slightly

    revised state to the U.S. Senate on February 28, 1831. It was

    13Lucien Carr, Missouri: A Bone of Contention. Boston: Houghton Mifflin

    Company, 1888, p.186

    14Howard I. McKee, p. 135, as reported in theSenate Journal, 6th Missouri

    General Assembly, 1st Session, 1830-31, p. 103 and theHouse Journal, 6th Missouri

    General Assembly, 1st Session, 1830-31, p. 156.

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    presented to Congress on the same day, and immediately referred

    to the committee on Indian affairs. Agitation continued in the

    state of Missouri from the general assembly and from the state's

    governor.

     V. CIRCUMSTANCES SURROUNDING THE PLATTE PURCHASE:

    1832-1836

    A new memorial from Missouri emphasizing the bad

    relationships among whites and Indians along the border and thus

    the desirability of an extension for reasons of safety15 was

    submitted by the senators of Missouri, Benton and Linn, to the

    senate committee on territories, which reported in July 1832 and

    presented a bill to extend the northwestern boundary. The

    administration proceeded with its policy of removing Indians to

    the area despite these developments, however, inducing Linn on

    January 23, 1834 to introduce a resolution requiring the

    committee on Indian affairs to investigate the desirability of

    extending the Missouri boundary. Senator Hugh Lawson White of

    Tennessee, from the committee on Indian affairs reported

    favorably on Linn's request in April 1834, arguing that the

    Missouri River would make a convenient and safe natural boundary

    to the state. The senate subsequently refused to ratify a

    treaty concluded in Chicago that would move Indians from the

    15Harold I. McKee, p. 136, as reported in the House Journal, 7th Missouri

    General Assembly, 1st Session, 1832-33, pp. 119-20. A major portion of this

    report was dedicated to making provisions for amendment of the state's

    constitution to allow the new boundary.

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    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. Senator Linn took much

    of the credit for the senate's rejection, and continued his

    efforts of assessing the desirability of assigning the Platte

    region to Missouri.16 

    Lewis Cass, Secretary of War under President Jackson, after

    corresponding with Missouri congressmen approved of the

    annexation to Missouri. Mr. White from the senate committee, on

    March 16, 1835, resubmitted the report of 1984,17 in which he

    clearly shifted the burden of ensuring the annexation to

    President Jackson, claiming that "he may allot it to the

    Indians, or not, at his pleasure." By February 1836, the house

    committee on Indian affairs had also approved the annexation.

    Cass, in February, 1836 indicated Jackson's willingness to

    secure a release of the land in question from the Indians.18 

    The committee of Indian affairs from both houses of

    Congress and the Secretary of War approved a resolution to

    request the President to instruct American agents to secure

    title releases from the Indians. Without waiting for the

    16Harold I. McKee, p.137.

    17Howard I. McKee, p. 138.

    18Harold I. McKee, p. 140.

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    explanation. The problem from a cynical economic perspective,

    however, is to explain how the state of Missouri in particular,

    and the south in general, got "something for nothing" from the

    north. Though the Missouri Compromise was "mere legislation,"25 

    it nevertheless wielded tremendous psychological might as a

    rallying point. If territorial acquisition in this manner was

    truly such an unobjectionable venture, a problem exists for

    historians to explain why more such efforts did not manifest

    themselves. The remaining expanses afforded countless

    opportunities for states merely to annex new territory as an

    alternative to creating new states, in a manner similar to

    Missouri's.

    Other than the fact that committee leaders White and

    Clayton were from slave states, there appears to be no real

    indication that the Platte addition was part of a slave state

    conspiracy as some had argued,26 evidenced by the lack of

    northern protest over so undisguised a maneuver when it actually

    came to a vote. Indeed, John C. Calhoun of South Carolina had

    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 point emphasized in lectures by Professor Roback, referring to the fact

    that simple legislation was passed at what was actually a "Constitutional moment."

    26As was argued in Dorothy A. Neuhoff, The Platte Purchase. Washington

    University Studies, Vol. II, Humanistic Series No. 2.

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    clandestine conspiracy. Another blow to such a conspiracy

    theory was that the Texas annexation was opposed by many

    southerners. Calhoun's alarm may have been unjustified given

    apparent northern tolerance for slavery in the Platte Purchase

    and in the expansion of the area for slavery in Florida by the

    senate's approval of Jackson's treaty for the removal of the

    Southern Indians.27  But the fact that an agreement was broken

    that was important to both sides of the slavery question

    suggests that something took place to make the issue agreeable

    to both sides, and mere tolerance on the part of the north was

    not the operative cause. This is precisely the argument of the

    remainder of the paper.

     VII. 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

    actual passage in the senate seemed totally non-existent

    according to the Congressional Globe: "The bill to extend the

    western boundary of Missouri was read and passed" is the only

    mention of the matter in that day's business,28 and no mention of

    it is made in the Register of Debates in Congress. Given the

    27Elbert B. Smith. Magnificent Missourian: The Life of Thomas Hart Benton. 

    J. B. Lippincott Company: Philadelphia, 1958, pp. 160-61.

    28Congressional Globe, 24th Congress, 1st Session, p. 372.

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    mentioned, it had been regarded in isolation, with no

    consideration made of any other events taking place in the

    country at the time. I can make no claim with certainty that

    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. Another problem with this position is that, as

    mentioned, many southerners as well as northerners were opposed

    to the annexation of Texas. But aside from the agitation for

    Texas, in which no concrete acquisition transpired, another

    important matter faced the Congress during the second of

    Jackson's two terms. The territory of Michigan, growing in

    population due to immigration from other states, began jockeying

    for admission to the Union early in 1832,29 at a time when

    interest in the Platte region was well under way in Missouri.

    A census was ordered in Michigan in 1834 which showed that

    the region possessed far more than the required number of

    inhabitants necessary to form a state. There was no enabling

    act by Congress, but the territory took matters into its own

    hands and enabled itself.30  In April, 1835 an election was held

    to choose delegates to a state constitutional convention to be

    29Thomas McIntyre Cooley, Michigan: A History of Governments, Boston:

    Houghton Mifflin Company, 1885, p. 211.

    30Frederic L. Paxson, History of the American Frontier: 1763-1893. Houghton

    Mifflin Company: New York, 1924, p. 298.

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    held in May. The people of the territory approved the newly

    formed constitution in October of 1835.

    Upon this approval by the citizens of Michigan, a boundary

    controversy with Ohio was ignited that had its roots in the

    Northwest Ordinance of 1787. According to the Ordinance, the

    territory to become the state of Michigan was guaranteed a

    southern boundary drawn due east from the southern extreme of

    Lake Michigan since it was clear that Congress intended to form

    five, rather than three, states out of the Northwest Territory.31 

    Ohio was in guilty possession of a tract of land, including the

    town of Toledo, that had actually been assigned to Michigan by

    the Ordinance. Likewise, Indiana had been granted a ten-mile-

    wide strip north of the Ordinance line.32  The boundary of

    Illinois lay considerably north of the Ordinance line as well.33 

    The militia of both Ohio and Michigan were called to enforce

    claims in the disputed Ohio territory, and with an armed

    conflict on the horizon, President Jackson called upon the

    Attorney General to offer an opinion. According to the Attorney

    General the disputed territory rightfully belonged to Michigan,

    and he recommended that Jackson should protect Michigan's rights

    by force if necessary. Jackson sent negotiators to arrange the

    31Thomas McIntyre Cooley, p. 215.

    32Frederic L. Paxson, p. 299.

    33Thomas McIntyre Cooley, p. 217.

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    settlement, to no avail, but he refused to take a military stand

    against Ohio, because as a great state, it could easily swing

    the balance of power in the impending presidential election,

    which he desired to secure for Martin Van Buren. Jackson was

    also reluctant to take a stand against Indiana and Illinois,

    which were also opposed to the Michigan claim.34  As historians

    see the circumstances, Jackson's political maneuvering turned

    out to be in vain, for in the election of 1836, Ohio's William

    Henry Harrison (the 1840 winner) carried his home state by a

    majority of over eight thousand.35 

    If Ohio's population recognized no obligation to the

    President for securing the disputed region, had it already paid

    its "debt" to the Democrats? A plausible case can be made that

    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. President Jackson laid the petition from

    Michigan before Congress on Thursday, December 10, 1835, and

    Senator Thomas Benton of Missouri took an immediate central and

    aggressive role in securing the admission of Michigan on terms

    that were favorable to the three northern states, particularly

    Ohio. Benton immediately moved that the petition be printed and

    34Thomas McIntyre Cooley, p. 218-219.

    35Frederic L. Paxson, p. 299.

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    referred to a select committee of five members. Benton then

    moved that seats be assigned to the senators from the Territory

    of Michigan who had been elected in March. A motion to table

    for consideration was made by Senator Thomas Ewing of Ohio, and

    passed.36 

    Benton bundled the admission of Michigan, which had been

    jockeying for statehood since 1832, with a bill for the

    settlement of the Ohio boundary allowing Ohio to retain all of

    the disputed region, including Toledo. On Tuesday, March 29,

    1836, Benton moved that the "bill to establish the northern

    boundary line of Ohio, and for the admission of Michigan into

    the Union" be taken up.37  After debating over voting rights

    within the state for several sessions, the bill to admit

    Michigan was passed in the Senate on April 2, 1836. Of the

    relevant northern states, Senators Ewing and Robinson of

    Illinois, Hendricks and Tipton of Indiana, and Morris of Ohio

    voted in favor of the Benton arrangement at its final passage in

    a rather close senate vote of 24 to 18. Senator Ewing of Ohio

    voted nay, apparently still holding out in an effort to have the

    bill amended to limit the right of alien suffrage within

    Michigan. 38  The senators of Indiana, Illinois, and Ohio

    36Abridgement of the Debates in Congress from 1789 to 1856 , D. Appleton &

    Company: New York (sixteen volumes), Vol. XII, 1859, p. 701-702.

    37Abridgment of the Debates in Congress, Vol. XII, p. 749.

    38Reported in The Congressional Globe of April 4, 1836, p. 277.

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    apparently were overwhelmingly satisfied with Benton's

    protection of their interests.39

      The bill passed the House on

    the 9th of June by a vote of 153 to 45.40  Only one of Ohio's 19

    representatives, and one of Indiana's six representatives

    opposed the package, and none of Illinois's three were opposed.

    The senators and representatives of these three states appeared

    more willing to overlook the question of alien voting in

    Michigan than their counterparts in other states because of the

    nature of the specific gains available to them.

    The timing of the passages of the bill authorizing the

    Platte Purchase and of the bill admitting Michigan as a state

    with Ohio's border preferences is remarkable. The separate

    issues were alive in their respective states in 1832, and were

    drawn out for the next four years with no resolution as

    described in this and previous sections. After Benton's efforts

    to secure the admission of Michigan paid off in the Senate on

    April 2, the Platte Purchase was passed on May 14. The House

    then approved the Platte agreement on June 3, and Michigan's

    admission on the 9th. Despite the fact that much of the

    evidence is circumstantial, the disproportionate approval of

    39As a compensation for Michigan's loss of territory that it was legally

    entitled to, Benton's package included the addition to Michigan of what is now

    known as the Upper Peninsula, the vast tract of land northwest of Lake Michigan

    and bordering Wisconsin, a region apparently rich in copper and iron mines.

    Thomas McIntyre Cooley, p. 222.

    40Congressional Globe, June 13, 1836, p. 442.

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    Benton's package by the senators of Illinois, Indiana and Ohio

    is quite good evidence that his efforts were geared toward them.

    As a counterfactual consideration he may not have absolutely

    needed their approval to obtain the Platte region, but his

    actions behalf of these northern states guaranteed  a favorable

    majority when the matter came to a vote, since the south,

    equally balanced in the Senate, would probably favor the

    expansion of slave territory.41 

    In his reflections, Benton called the alteration of the

    Missouri Compromise line "an almost impossible undertaking" and

    attributes its success to "a generous co-operation from the

    members of the free States...all at a time when Congress was

    inflamed with angry debates upon abolitionist petitions,

    transmission of incendiary publications (and) imputed designs to

    abolish slavery."42  Benton attributes the success of the Platte

    Purchase entirely to "magnanimous assistance" and generosity on

    the part of non-slaveholders, but his actions suggest he was not

    content to rely on such generosity exclusively.

    Recognizing that there were reasons enough for northern

    41Not 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 inMissouri

    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.

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    states to oppose, Benton's actions on behalf of some northern

    states clearly placed them in his debt. Benton's sponsorship of

    Michigan did more than merely secure territory for these three

    states in exchange for territory in his own. What was also

    exchanged was the right for each side to sidestep without

    political backlash the constraints and temporary nuisance of

    respective laws governing important adjacent territory that were

    preventing them from obtaining (or retaining) something they

    desired. The clarity of the gain available to each side led to

    a willingness to overlook a technically illegal territorial

    grasp by the other, leading to the only known instance in which

    these laws were violated without violent political consequences.

     VIII. 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. The odd fact that

    one of these agreements, the Missouri Compromise, had been

    violated given the weight such agreements were known to have for

    peaceful coexistence should prompt one using the methodology of

    economics to look for a trade of some kind, rather than to

    assume mere "northern tolerance" is operative. While I can't

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    rule out such tolerance, being unable to probe the minds of

    those involved, I think it unlikely. This paper has illustrated

    that a plausible reason why the Compromise may have been

    violated without significant outcry is that specific northern

    and southern interests gained from a logroll. At the same time

    that the Missouri Compromise was violated to favor the pro-

    slavery 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.

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    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: 1763-

    1893. Houghton Mifflin Company: New York, 1924.

    Potter, David. The Impending Crisis: 1848-1861. Harper andRow: New York, 1976.

    Register of Debates in Congress. Printed by Gales and Seaton:

    Washington, D.C.

    Roback, Jennifer. "The Coming of the Civil War Part 1: The

    Tragedy of the Commons," Center for Study of Public Choice

    manuscript, 1988. 

    Senate Journal, 6th Missouri General Assembly, 1st Session,

    1830-31, p. 103.

    Shoemaker, Floyd Calvin. Missouri's Struggle for Statehood:

    1804-1821.  New york: Russell & Russell, 1916.

    Smith, Elbert B. Magnificent Missourian: The Life of Thomas

    Hart Benton. J. B. Lippincott Company: Philadelphia,

    1958, pp. 160-61.

    United States Statutes at Large, Vol. V, p. 34.