"Come on, then, gentlemen of the slave states. Since
there is no escaping your challenge, we accept it in the name of freedom.
We will engage in competition for the virgin soil of Kansas, and God give
the victory to the side which is stronger in numbers, as it is in right."
— Senator William Seward, on the passage of the Kansas-Nebraska
Act, May 1854
Stephen Douglas' success in getting the Kansas-Nebraska bill through Congress
is perhaps the greatest Pyrhhic victory in American legislative history.
It undid the Compromise of 1850, the sectional truce Douglas had played
the key role in arranging, by reopening the question of slavery in the territories.
It undermined the second party system, so-called. The Whigs, already split
between Cotton and Conscience factions, lost most of their support in the
North when they proved unable to defeat the bill. They fared even worse
in the South where Democratic support for Kansas-Nebraska settled in their
favor the competition over which party was the stronger friend of slavery.
As the Democrats gained strength in the South, they lost ground in the North
as the new American (aka Know-Nothing) and Republican parties succeeded
in painting northern Democrats as cats paws for southern policies. This
significantly weakened Douglas' own political position as his loss of the
popular vote to Abraham Lincoln in the 1858 Illinois senatorial contest
demonstrated. (He was returned to the Senate because the Democrats had a
majority in the state legislature.)
Kansas-Nebraska, in effect, reversed a bipartisan policy that, ever since
the Missouri Compromise, had sought ways to keep the issue of slavery in
the territories out of national politics. In 1820 the Missouri Compromise
provided that all territories north of the southern boundary of Missouri,
with the exception of Missouri itself, were to be closed to slavery. The
goal, beyond resolving the status of Missouri, was to create an automatic
mechanism for determining whether a given territory would be free or slave
so that the issue would no longer arise in Congress. The Compromise worked
as intended for a quarter of a century. Territories were admitted to statehood
two by two so that the number of slave and free states remained more or
less equal. The War with Mexico, along with the agreement with Great Britain
over Oregon, brought the issue once again to the fore. The huge acquisition
of land from Mexico meant the Compromise line no longer neatly bisected
the western territories. The acceptance of British claims to what became
British Columbia further inflamed Northerners by reducing the amount of
land above the line. Led by David Wilmot of Pennsylvania, northern politicians
promised to attach a proviso to any measure dealing with the land seized
from Mexico. This Wilmot Proviso excluded slavery from all the land ceded
by Mexico.
Provided that, as an express and fundamental condition to the acquisition
of any territory from the Republic of Mexico by the United States, by
virtue of any treaty which may be negotiated between them, and to the
use by the Executive of the moneys herein appropriated, neither slavery
nor involuntary servitude shall ever exist in any part of said territory,
except for crime, whereof the party shall first be duly convicted.
Southerners, led by John C. Calhoun, claimed that any restriction on the
rights of Southerners to bring their slave property into any portion of
the territories, including the Missouri Compromise, was unconstitutional.
[Calhoun's "Southern
Address" of 1849, along with a list of the signers, is available
at Furman University.] His argument rested upon the rights of property.
The federal government, the Address maintained, had no power to discriminate
among types of property. Instead it must protect all equally. Therefore
it lacked any power to prevent any slaveholder from taking his property
into any territory.
. . .we hold that the Federal Government has no right to extend or restrict
slavery, no more than to establish or abolish it; nor has it any right
whatever to distinguish between the domestic institutions of one State,
or section, and another, in order to favor one and discourage the other.
As the federal representative of each and all the States, it is bound
to deal out, within the sphere of its powers, equal and exact justice
and favor to all. To act otherwise, to undertake to discriminate between
the domestic institutions of one and another, would be to act in total
subversion of the end for which it was established--to be the common protection
and guardian of all. Entertaining these opinions, we ask not, as the North
alleges we do, for the extension of slavery. That would make a discrimination
in our favor, as unjust and unconstitutional as the discrimination they
ask against us in their favor. It is not for them, nor for the Federal
Government to determine, whether our domestic institution is good or bad;
or whether it should be repressed or preserved. It belongs to us, and
us only, to decide such questions. What then we do insist on, is, not
to extend slavery, but that we shall not be prohibited from immigrating
with our property, into the Territories of the United States, because
we are slaveholders; or, in other words, that we shall not on that account
be disfranchised of a privilege possessed by all others, citizens and
foreigners, without discrimination as to character, profession, or color.
All, whether savage, barbarian, or civilized, may freely enter and remain,
we only being excluded.
The Compromise of 1850 settled this dispute, if only temporarily. It admitted
California as a free state, although part of it lay below the Missouri Compromise
line. It dealt with the remaining questions over the admission of Texas.
It outlawed the slave trade in the District of Columbia, long a demand of
anti-slavery activists in the North. It established a new Fugitive Slave
law which required state and national officials to cooperate in the recovery
and return of escaped slaves. And it bypassed the central issue of slavery
in the conquered territory (other than California) by leaving the question
to be resolved by the settlers at the time of application for statehood.
Since much of this land was known as the Great American Desert, the expectation
was that this would be in the distant future. The formula adopted, in other
words, continued by other means the policy of putting the question of slavery
in the territories off the national agenda.
The Compromise of 1850 was unpopular in both North and South. It had taken
all of Douglas' very considerable parliamentary skills to cobble together
separate majorities for each of its provisions. There was no majority for
the whole. Where the Compromise of 1850 left the Missouri Compromise line
was unclear. The 1850 measures were silent on the subject other than to
note that the newly conquered lands did not fall under its formula. Some
argued that the Compromise of 1850 superceded the Missouri Compromise and
that the line no longer separated slave and free territories. Others claimed
that the line still was in force with respect to the Louisiana Purchase
lands.
There is a very useful interactive
map at Teaching American History.
If the Southwest seemed unlikely to attract settlers in large numbers any
time soon, that was not true of the Louisiana Purchase lands. This was especially
the case with the vast Nebraska territory which, in the beginning of 1854
stretched from north of what would become Oklahoma to Canada. All of it,
under the terms of the Missouri Compromise, was to be closed to slavery.
The Kansas-Nebraska measure divided the territory into two parts -- Kansas,
due west of Missouri, and Nebraska. It noted that the Missouri Compromise
line no longer applied since it had been repealed by the Compromise of 1850,
a claim which outraged Northern opinion. It then used the same formula as
the 1850 Compromise to resolve the issue of slavery. Stephen Douglas, chair
of the Senate Committee on Territories and author of the bill, called this
Popular Sovereignty. This doctrine held that the citizens of the territory
would decide for themselves whether or not to admit slavery. Officially
they would make this choice when applying for statehood. As a practical
matter, it would come earlier, with the meeting of the territorial legislature
that would have the power to pass laws regulating the "peculiar institution."
Applied to Kansas-Nebraska, that is, Popular Sovereignty would have the
opposite effect that it had in the New Mexico and Utah Territories. Instead
of postponing the question of slavery, it made it immediate.
Kansas-Nebraska set off a race, as Seward proclaimed, between pro-slavery
and free soil partisans. Whichever side could get enough people to win the
first territorial election would gain an enormous advantage. As Abraham
Lincoln pointed out in an October
1854 speech, an "important objection to this application of the
right of self-government is that it enables the first FEW, to deprive the
succeeding MANY, of a free exercise of the right of self-government. The
first few may get slavery IN, and the subsequent many cannot easily get
it OUT."
In the event, the first territorial election, marred by gross fraud, did
go to the pro-slavery side. Free Soilers refused to accept this election,
but the Pierce administration did despite the fact that more votes were
cast than there were people in Kansas. Free Soilers then organized their
own election which the pro-slavery side boycotted and which the administration
in Washington treated as without legal validity. Several historians, including
Kenneth Stamp, point out that the Pierce administration could have thrown
out both elections and called for a new, federal-supervised one. Pierce,
however, followed the advice of southern pro-slavery zealots.
In the face of such obvious pro-slavery bias, the victors in this second
defective election set up their own territorial government. Both territorial
governments set about making laws, recording deeds, and writing constitutions.
Violence flared episodically and reached a climax of sorts in the "sack"
of the free soil capital at Lawrence and the retaliatory Pottawatomie Massacre
led by John Brown in May of 1856. At the same time, the U.S. Senate was
considering the free soil
constitution
submitted by the Lawrence territorial government. In the course of the debate,
Charles Sumner, Republican Senator from Massachusetts, delivered his "The
Crime Against Kansas" (full text at Furman) address in which he
excoriated pro-slavery advocates, especially Andrew Butler, Democrat of
South Carolina. This led one of Butler's relatives, Congressman Preston
Brooks, to assault Sumner from behind while the senator worked at his desk.
At left is the most famous depiction of the event, Winslow Homer's "Argument
of the Chivalry." Click on it for a larger version.
As menacing as the violence was, the reaction to it on both sides was even
more troubling. Many in the North refused to believe that John Brown had
butchered innocent people in cold blood. Many in the South hailed Brooks
as a hero. For their part Republicans distributed as many as a million copies
of Sumner's speech as Republican leaders found that Brooks' attack induced
thousands to join the new party.
By so polarizing the sections the Kansas-Nebraska Act may well have made
civil war inevitable. At the very least, it hastened the final rupture.