On December 3, 1844, the House of Representatives voted to repeal a standing House
rule that had formally barred the chamber from even considering the abolition of slavery or the
slave trade.
the effective end of a decade-long battle that featured countless passionate floor speeches and
dozens of sharply divided roll-call votes. In the course of this battle over the “gag rule,” the
controversy evolved from a chiefly partisan dispute with sectional undertones into one that
displayed the polarizing sectional forces that would drive the nation apart in the subsequent two
decades. The gag rule debate in the House of Representatives was, in the words of historian
William Freehling, “the Pearl Harbor of the slavery controversy” (quoted. in Miller 1995, 3)—
one of the first serious skirmishes on the long road to the Civil War.
Over the six Congresses that faced the issue, gag rule disputes forced members to record
a long series of official positions on this divisive question. This unusually lengthy record of
recurring votes provides a good context for exploring member decision-making in the antebellum
House. Yet despite the growing interest in extending contemporary congressional theories into
the nineteenth century Congress, the gag rule has received little attention from political scientists
(a few recent exceptions are Binder 1997; Jenkins and Stewart 2003; Meinke 2002b).
This paper develops a quantitative case study of gag rule voting in order to illustrate
several larger points about congressional decision making. First, I explain members’ vote
choices on the gag rule, focusing on the role of party and constituency in shaping decisions.
Using district and electoral data, I provide evidence that the electoral connection affected some
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Rule 21 specified “that no petition, memorial, resolution, or other paper praying the abolition of slavery in the
District of Columbia, or any State or Territory, or the slave trade between the States or Territories of the United
States in which it now exists, shall be received by this House, or entertained in any way whatever” (Congressional
Globe, 28 Cong 2, 28 Jan 1840, 150). As discussed below, the gag rule was imposed as a resolution rather than in a
standing rule prior to 1840.
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