The Kansas–Nebraska Act was a United States federal law passed on May 30, 1854, organizing a territorial government for the lands that later became the states of Kansas and Nebraska. Opponents saw it as the triumph of the Slave Power and formed the new Republican Party to defeat it. The Act was a key step on the way to the American Civil War. The availability of tens of millions of acres of excellent farm land made it necessary to create a territorial infrastructure to allow settlement. Railroad interests were especially eager to start operations, for they needed farmers as customers. Four previous attempts to pass legislation had failed. The solution was a bill proposed, in January 1854, by Senator Stephen A. Douglas of Illinois. He was the Democratic party leader in the Senate, the chairman of the Committee on Territories, an avid promoter of railroads, an aspirant to the presidency, and, above all, a fervent believer in popular sovereignty or grass roots democracy. His slogan was "Let the People Rule," which in this case meant the decision on having slavery would be made by the residents themselves. His bill caused a firestorm of protest because it was a rejection of the 1820 Missouri Compromise and might allow the expansion of slavery into Kansas, where it had been forbidden. Even before the bill passed, a new grass roots opposition party was being organized in most northern states, the Republican Party. Northern Democrats, Southerners, and President Franklin Pierce supported the bill. Douglas used brilliant parliamentary maneuvers to get the bill passed on May 30, 1854. It was signed into law by Pierce; he was a "doughface" or northerner whose political support came mostly from the South. In effect, there were now three political positions in American politics, represented by Northern Democrats (led by Douglas), the Northern Republicans, and the Southern Democrats. In 1860, they would each run a candidate for president.
The act divided the region into the Kansas Territory (south of the 40th parallel) and the Nebraska Territory (north of the 40th parallel). The most controversial provision was the stipulation that each territory would separately decide whether to allow slavery within its borders. This provision repealed the Missouri Compromise of 1820, which had prohibited slavery in any new states to be created north of latitude 36°30' since Kansas and Nebraska would be north of that line and could now choose to allow slavery.
Pro-slavery settlers migrated to Kansas mainly from Missouri. Their influence in territorial elections was often bolstered by resident Missourians who crossed the border into Kansas purely for the purpose of voting in such ballots. They were called border ruffians by their opponents, a term coined by Horace Greeley. John Brown brought in his abolitionist supporters to fight them, and killed five farmers in the Pottawatomie massacre. (It is interesting to note that many textbooks leave out the fact that several years before the Pottawattomie massacre, John Brown helped defend a few dozen free soil supporters from several hundred pro-slavery supporters at the town of Ossawatomie.) The territorial capital of Lecompton, Kansas was the target of this agitation, and it consequently became such a hostile environment for free-soilers that they set up their own unofficial legislature at Topeka.
The hostilities between the factions reached a state of low-intensity civil war which was extremely embarrassing to Pierce, especially as the nascent Republican Party sought to capitalize on the scandal of Bleeding Kansas. Successive territorial governors attempted to maintain the peace. They were usually sympathetic to slavery, but found themselves unable to countenance the routine ballot-rigging and intimidation that was practiced far more intensively by pro-slavery settlers as they lost the race to populate the territory.
The pro-slavery territorial legislature ultimately proposed a state constitution for approval by referendum. The constitution was offered in two alternative forms, neither of which made slavery illegal. Free soil settlers boycotted the legislature's referendum and organized their own which approved a free state constitution. The results of the competing referendums were sent to Washington D.C. by the territorial governor.
President James Buchanan sent the Lecompton Constitution to Congress for approval. The Senate approved the admission of Kansas as a state under the Lecompton Constitution, despite the opposition of Senator Douglas, who believed that the Kansas referendum on the Constitution, by failing to offer the alternative of prohibiting slavery, was unfair. The measure was subsequently blocked in the House of Representatives, where Northern Congressmen refused to admit Kansas as a slave state. Senator James Hammond of South Carolina (famous for his "King Cotton" speech) characterized this resolution as the expulsion of the state, asking, "If Kansas is driven out of the Union for being a slave state, can any Southern state remain within it with honor?"
Eventually a new anti-slavery constitution was drawn up. On January 29, 1861, Kansas was admitted to the Union as a free state. Nebraska was admitted to the Union as a state after the Civil War in 1867.
1854 in law | History of Kansas | History of Nebraska | History of United States expansionism | United States federal territory and statehood legislation
Kansas-Nebraska Act | Acte Kansas-Nebraska | חוק קנזס נברסקה | カンザス・ネブラスカ法 | Ato de Kansas-Nebraska
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