1854: The Kansas-Nebraska Act U.S. History Resources

MAY 1854 The Kansas-Nebraska Act

The act creating the two new territories of Kansas and Nebraska was introduced in Congress by Stephen A. Douglas, a Democratic senator from Illinois. His motives were mixed. He wanted to be president, and he knew that winning the Democratic nomination required southern support. But he also wanted a transcontinental railroad built, with Chicago as its eastern terminus. And this meant he had to encourage white settlement west of Iowa.

Originally, Douglas planned to create only one territory. But he gave in to southern demands to create two, on the supposition that the southern territory, Kansas, would eventually become a slave state. But he had to give even more to the South: his bill eventually contained a provision that repealed the Compromise of 1820, which had excluded slavery from western territory that lay north of latitude 36°30."

An Act to Organize the Territories of sion of Missouri into the Union, approved Nebraska and Kansas. March 6, 1820, which, being inconsistent with the principle of non-intervention by Be it enacted... That all that part of the ter- Congress with slavery in the States and ritory of the United States included within Territories, as recognized by the legislation the following limits.... [boundaries defined] of eighteen hundred and fifty, commonly be, and the same is hereby, created into a called the Compromise Measures, is hereby temporary government by the name of the declared inoperative and void; it being the Territory of Nebraska; and when admitted as true intent and meaning of this act not to a State or States, the said Territory, or any legislate slavery into any Territory or State, portion of the same, shall be received into nor to exclude it therefrom, but to leave the the Union with or without slavery, as their people thereof perfectly free to form and constitution may prescribe at the time of regulate their domestic institutions in their their admission:... own way, subject only to the Constitution of the United States: Provided, That nothing SEC 14. And be it further enacted... That the herein contained shall be construed to revive Constitution, and all laws of the United or put in force any law or regulation which States which are not locally inapplicable, may have existed prior to the act of March 6, shall have the same force and effect within 1820, either protecting, establishing, the said Territory of Nebraska as elsewhere prohibiting, or abolishing slavery. within the United States, except the eighth section of the act preparatory to the admis- [Identical legislation on Kansas followed.]

QUESTIONS

1. Who does the act say should determine whether any states formed in the new territories would be admitted to the Union as free or slave states? 2. In what documents would the slave or free status of Kansas or Missouri be definitively stated? Would Congress have any power to change those documents? 3. What do you think might explain the order in which the act created Nebraska Territory, abolished the Missouri Compromise line, and then created Kansas Territory? What would have led people to the belief that Kansas might well become a slave state?

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