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Column: Crittenden Resolution could have changed U.S. history
DANIEL A. COTTER
Law Bulletin columnist
Published: August 3, 2018
On July 25, 1861, the 37th U.S. Congress passed the Crittenden-Johnson Resolution, also known as the Crittenden Resolution and the War Aims Resolution. The resolution sought to narrowly define the Union’s goals in the Civil War without addressing slavery as a cause. This column takes a closer look at the resolution and the reasons behind it.
The resolution
The resolution was voted upon in two separate parts in the House of Representatives, the first part reading:
“Resolved by the House of Representatives of the Congress of the United States, That the present deplorable civil war has been forced upon the country by the disunionists of the southern States now in revolt against the constitutional government, and in arms around the capital.”
This first part passed by a vote of 121-2. The two representatives voting against the measure, Henry Burnett of Kentucky and John Reid of Missouri, took up arms against the United States and were expelled during the 37th Congress.
The second part of the resolution read:
“That in this national emergency, Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged on their part in any spirit of oppression, or for any purpose of conquest or subjugation, or purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and to preserve the Union with all the dignity, equality and rights of the several States unimpaired; and that as soon as these objects are accomplished the war ought to cease.”
This measure passed by a vote of 119-2 with two different representatives voting against it.
The Senate introduced the resolution (in one piece) on July 25, 1861, passing it the same day, 30-5. Three who voted against the resolution in the Senate were expelled at its next session. The three (John Breckinridge of Kentucky), Waldo Johnson of Missouri) and Trusten Polk of Missouri) all supported the
Confederacy.
Intent of resolution
The sponsors of the resolution, Rep. John Crittenden of Kentucky and Sen. Andrew Johnson of Tennessee, intended for the “peculiar institution of slavery” to remain untouched when the seceding states ended their rebellion and returned to the Union.
The second part of the House resolution made it clear that the intent was not to interfere “with the rights or established institutions of those States” and that as soon as the seceding states ended their fighting, “the war ought to cease.”
The resolution was also to assure the Northerners that the Civil War was to save the Union, something they would accept, rather than about freeing the slaves.
The resolution was repealed in December 1861. By that time, Congress had introduced legislation that directly addressed slavery and public opinion had changed. Rep. Thaddeus Stevens from Pennsylvania, who had abstained from voting on the resolution, introduced a measure to repeal the resolution. Stevens’ efforts were successful.
Stevens was a strong opponent of slavery as well as fighter against discrimination directed at African-Americans. Stevens would later clash with Andrew Johnson, who became president when President Abraham Lincoln was assassinated. Stevens would lead the efforts to secure articles of impeachment against Johnson, who was acquitted.
The sponsors
Crittenden was a Constitutional Unionist. Prior to the resolution, he had proposed the Crittenden Compromise, which consisted of six articles that would have amended the Constitution and would have permitted the permanent existence of slavery, while expanding slavery to the west. If enacted, the compromise could not be repealed or amended in any way. Introduced in December 1860, the compromise was intended to address:
“[S]erious and alarming dissensions have arisen between the Northern and Southern States, concerning the rights and security of the rights of the slaveholding States, and especially their rights in the common territory of the United States; and whereas it is eminently desirable and proper that these dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by constitutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and goodwill which ought to prevail between all the citizens of the United States.”
The compromise failed, largely due to Republicans against the expansion of slavery into the territories. The compromise was intended to be one of a series of final efforts to prevent the secession of Southern states from the Union.
Crittenden was a politician most of his life, with positions both in the state of Kentucky (secretary of state and governor), as well as for the United States, having served twice as U.S. attorney general, four different periods in the United States Senate and, finally, a term in the House of Representatives, during which time he sponsored the resolution in the House.
Johnson was the 17th president. Prior to that service, he also served in a number of public capacities, including governor and military governor of Tennessee. Johnson was the only former president to serve in the Senate post-presidency, serving during a special term in 1875. Johnson was a strong opponent of federally guaranteeing rights for African-Americans. Johnson was also the first president to be impeached.
Conclusion
The compromise was intended to be a means for the Union to come back together without addressing slavery.
While it passed in July 1861, by the end of 1861 it had been repealed and the Civil War would continue until 1865. The United States fought the Civil War because of slavery.
Daniel A. Cotter is a partner at Latimer LeVay Fyock LLC and an adjunct professor at The John Marshall Law School, where he teaches SCOTUS Judicial Biographies. The article contains his opinions and is not to be attributed to anyone else. He can be reached at dcotter@llflegal.com.