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The abolitionists in the North fairly well guaranteed that northern states would not have slavery, and it began to be unpopular in the border states as well. The only way that the South could prevent anti-slavery moves in Congress would be to maintain equality of representation, that meant adding new states where slavery would be allowed.

Under the Missouri Compromise (1820), no slave states other than Missouri would be allowed north of the dividing line of 36° 30' N latitude. So any new slave states would have to come from lands, including Texas, that were then controlled by Mexico. Following the annexation of Texas (1845) and the Mexican Cession (1848), the New Mexico Territory offered the possibility of new slave states.

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