When in 1819 the territorial legislature of Missouri petitioned Congress to be allowed to organize as a state, Rep. James Tallmadge (N.Y.) proposed an amendment to the enabling legislation prohibiting the entry of slaves into the territory and providing for the gradual emancipation of those already there. After fierce debate, it was adopted by the House of Representatives by a straight sectional vote, but later defeated in the Senate.
When Missouri applied for formal admission as a state, it did so with a constitution which denied free blacks the right to reside in the state. Northern congressmen objected to the provision as contrary to Article IV, Section 2 of the U.S. Constitution, which guaranteed the citizens of each state the rights of citizenship in all states. The conflict was compromised by passage of an amendment requiring Missouri to declare that no enabling legislation would be passed under their constitution in violation of Art. IV, Sec. 2, and the assent of the Missouri state legislature to the proviso.