The Law that Ripped America in Two
One hundred fifty years ago, the Kansas-Nebraska Act set the stage for America's civil war
- By Ross Drake
- Smithsonian magazine, May 2004, Subscribe
(Page 4 of 5)
Sometimes they seemed not to be trying, as when the tainted proslavery legislature made even questioning the right to hold slaves in Kansas a felony and made aiding a fugitive slave a capital offense. Neither law was enforced, but that was probably not the point. Unable to match the flood of Free- Soil emigrants pouring in from the OhioValley and elsewhere, slave-staters seemed more determined than ever to make the territory inhospitable to those opposed to slavery.
And they did not lack for allies. “The admission of Kansas into the Union as a slave state is now a point of honor with the South,” wrote South Carolina congressman Preston Brooks in March 1856. “It is my deliberate conviction that the fate of the South is to be decided with the Kansas issue.” Thus freighted with national consequence, resolution of the Kansas question would hardly be left to Kansans alone. Under the circumstances, it seems unsurprising that presidents Franklin Pierce and James Buchanan, Northern men of pronounced Southern sympathies, both endorsed the legitimacy of the illegitimate legislature over the objections of a succession of territorial governors.
Among them was Robert J. Walker, a former Treasury secretary and a Douglas ally. Meeting with President Buchanan before leaving Washington in the spring of 1857, he spelled out his understanding, with which Buchanan agreed, that Kansas would be admitted to statehood only after residents were able to vote freely and fairly on a state constitution.
It sounded simple enough. But the difficulty of its execution was made clear when, at a welcoming banquet in Kansas, the diminutive Walker was upbraided by one of his proslavery hosts: “And do you come here to rule us? You, a miserable pigmy like you?. . . Walker, we have unmade governors before; and by God, I tell you, sir, we can unmake them again!” Certainly they were ready to try. After Free-Soilers refused to participate in what they believed, with reason, would be a rigged election for constitutional convention delegates, the proslavery convention, meeting in the town of Lecompton, made a crucial decision.
Rather than being allowed to vote up or down on a proposed constitution, Kansans would be given a choice between a constitution with slavery and a constitution without it. But the constitution without it contained a clause allowing slaveholders already in the territory to retain not only their slaves but the slaves’ offspring. Free-Soilers, naturally, saw their choice as being not between slavery and its absence, but between a little bit of slavery and a lot of it—or, as one Kansan put it, between taking arsenic with bread and butter and taking it straight. When the options were put to a vote, Free-Soilers once again declined to take part.
By this time, the battle had been joined in Washington. Over the objections of Governor Walker, Buchanan had decided to accept the verdict of the Lecompton convention and the inevitable approval of its slave-state constitution. The president’s decision led him to an angry confrontation with Douglas, who saw it as a betrayal of the very popular sovereignty on which the senator had staked his career.
Now, as always, Douglas saw himself as the defender of the sane middle ground, where the Union might be saved from extremists. But when the House of Representatives, at Douglas’ urging, refused to accept the slave-state constitution submitted by Kansas, Southerners who had supported Douglas’ notion of popular sovereignty when it suited their purposes now abandoned both it and Douglas. And Buchanan, who had boldly proclaimed Kansas “as much a slave state as Georgia or South Carolina,” became Douglas’ implacable enemy. The South had elected Buchanan, and he was desperately afraid of secession; he couldn’t bring himself to back down on Lecompton.
Yet neither could Douglas. Whatever a compromise might have gained him in the South would have been lost in the North and the West, where the Democrats were already in disarray. And though Douglas had made his reputation as a canny politician, he was also, at bottom, a patriot. He believed a national Democratic Party was needed to hold the Union together, and he believed he was needed to lead it. Douglas had never been a man of moderate habits, and his health in recent years had been suspect. But when, in 1860, he was at last nominated for the presidency, and found the party irretrievably damaged—Southern Democrats promptly chose a candidate of their own, John C. Breckinridge, to oppose him—he turned his remaining energy into a campaign that was as much for the Union as it was for himself. Meanwhile, Abraham Lincoln had been nominated as the presidential candidate of the new Republican Party, created in 1854 to oppose the spread of slavery.
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