THE KANSAS-NEBRASKA ACT

The relative calm over the sectional issue was broken in 1854 over the issue of slavery in the territory of Kansas. Pressure had been building among northerners to organize the territory west of Missouri and Iowa, which had been admitted to the Union as a free state in 1846. This pressure came primarily from northern farmers, who wanted the federal government to survey the land and put it up for sale. Promoters of a transcontinental railroad were also pushing for this westward expansion.

Southerners, however, had long opposed the Wilmot Proviso’s stipulation that slavery should not expand into the West. By the 1850s, many in the South were also growing resentful of the Missouri Compromise of 1820, which established the 36° 30′ parallel as the geographical boundary of slavery on the north-south axis. Proslavery southerners now contended that popular sovereignty should apply to all territories, not just Utah and New Mexico. They argued for the right to bring their slave property wherever they chose.

Attitudes toward slavery in the 1850s were represented by a variety of regional factions. Throughout the South, slaveholders entrenched themselves in defense of their “way of life,” which depended on the ownership of slaves. Since the 1830s, abolitionists, led by journalist and reformer William Lloyd Garrison, had cast slavery as a national sin and called for its immediate end. For three decades, the abolitionists remained a minority, but they had a significant effect on American society by bringing the evils of slavery into the public consciousness. By the 1850s, some abolitionists advocated the use of violence against those who owned slaves. In 1840, the Liberty Party, whose members came from the ranks of ministers, was founded; this group sought to work within the existing political system, a strategy Garrison and others rejected. Meanwhile, the Free-Soil Party committed itself to ensuring that white laborers would find work in newly acquired territories and not have to compete with unpaid slaves.

It is important to note that, even among those who opposed the expansion of slavery in the West, very different attitudes toward slavery existed. Some antislavery northerners wanted the West to be the best country for poor whites to go and seek opportunity. They did not want white workers to have to compete with slave labor, a contest that they believed demeaned white labor. Radical abolitionists, in contrast, envisioned the end of all slavery, and a society of equality between blacks and whites. Others opposed slavery in principle, but believed that the best approach was colonization; that is, settling freed slaves in a colony in Africa.

The growing political movement to address the issue of slavery stiffened the resolve of southern slaveholders to defend themselves and their society at all costs. Prohibiting slavery’s expansion, they argued, ran counter to basic American property rights. As abolitionists fanned the flames of antislavery sentiment, southerners solidified their defense of their enormous investment in human chattel. Across the country, people of all political stripes worried that the nation’s arguments would cause irreparable rifts in the country.

In this 1850 political cartoon, the artist takes aim at abolitionists, the Free-Soil Party, Southern states’ rights activists, and others he believes risk the health of the Union.

This 1855 map shows the new territories of Kansas and Nebraska, complete with proposed routes of the transcontinental railroad.

As these different factions were agitating for the settlement of Kansas and Nebraska, leaders of the Democratic Party in 1853 and 1854 sought to bind their party together in the aftermath of intraparty fights over the distribution of patronage jobs. Illinois Democratic senator Stephen Douglas believed he had found a solution—the Kansas-Nebraska bill—that would promote party unity and also satisfy his colleagues from the South, who detested the Missouri Compromise line. In January 1854, Douglas introduced the bill. The act created two territories: Kansas, directly west of Missouri; and Nebraska, west of Iowa. The act also applied the principle of popular sovereignty, dictating that the people of these territories would decide for themselves whether to adopt slavery. In a concession crucial to many southerners, the proposed bill would also repeal the 36° 30′ line from the Missouri Compromise. Douglas hoped his bill would increase his political capital and provide a step forward on his quest for the presidency. Douglas also wanted the territory organized in hopes of placing the eastern terminus of a transcontinental railroad in Chicago, rather than St. Louis or New Orleans.

After heated debates, Congress narrowly passed the Kansas-Nebraska Act. (In the House of Representatives, the bill passed by a mere three votes: 113 to 110.) This move had major political consequences. The Democrats divided along sectional lines as a result of the bill, and the Whig party, in decline in the early 1850s, found its political power slipping further. Most important, the Kansas-Nebraska Act gave rise to the Republican Party, a new political party that attracted northern Whigs, Democrats who shunned the Kansas-Nebraska Act, members of the Free-Soil Party, and assorted abolitionists. Indeed, with the formation of the Republican Party, the Free-Soil Party ceased to exist.

The new Republican Party pledged itself to preventing the spread of slavery into the territories and railed against the Slave Power, infuriating the South. As a result, the party became a solidly northern political organization. As never before, the U.S. political system was polarized along sectional fault lines.

BLEEDING KANSAS

In 1855 and 1856, pro- and antislavery activists flooded Kansas with the intention of influencing the popular-sovereignty rule of the territories. Proslavery Missourians who crossed the border to vote in Kansas became known as border ruffians; these gained the advantage by winning the territorial elections, most likely through voter fraud and illegal vote counting. (By some estimates, up to 60 percent of the votes cast in Kansas were fraudulent.) Once in power, they wrote a proslavery constitution, known as the Lecompton Constitution because President Pierce approved it at Lecompton, Kansas.

The majority in Kansas, however, were Free-Soilers who seethed at the border ruffians’ co-opting of the democratic process. Many had come from New England to ensure a numerical advantage over the border ruffians. The New England Emigrant Aid Society, a northern antislavery group, helped fund these efforts to halt the expansion of slavery into Kansas and beyond.

This full-page editorial ran in the Free-Soiler Kansas Tribune on September 15, 1855, the day Kansas’ Act to Punish Offences against Slave Property of 1855 went into effect. This law made it punishable by death to aid or abet a fugitive slave, and it called for punishment of no less than two years for anyone who might: “print, publish, write, circulate, or cause to be introduced into this Territory . . . [any materials] . . . containing any denial of the right of persons to hold slaves in this Territory.”

In 1856, clashes between antislavery Free-Soilers and border ruffians came to a head in Lawrence, Kansas. The town had been founded by the New England Emigrant Aid Society, which funded antislavery settlement in the territory and were determined that Kansas should be a free-soil state. Proslavery emigrants from Missouri were equally determined that no “abolitionist tyrants” or “negro thieves” would control the territory. In the spring of 1856, several of Lawrence’s leading antislavery citizens were indicted for treason, and federal marshal Israel Donaldson called for a posse to help make arrests. He did not have trouble finding volunteers from Missouri. When the posse, which included Douglas County sheriff Samuel Jones, arrived outside Lawrence, the antislavery town’s “committee of safety” agreed on a policy of nonresistance. Most of those who were indicted fled. Donaldson arrested two men without incident and dismissed the posse.

However, Jones, who had been shot during an earlier confrontation in the town, did not leave. On May 21, falsely claiming that he had a court order to do so, Jones took command of the posse and rode into town armed with rifles, revolvers, cutlasses and bowie knives. At the head of the procession, two flags flew: an American flag and a flag with a crouching tiger. Other banners followed, bearing the words “Southern rights” and “The Superiority of the White Race.” In the rear were five artillery pieces, which were dragged to the center of town. The posse smashed the presses of the two newspapers, Herald of Freedom and the Kansas Free State, and burned down the deserted Free State Hotel. When the posse finally left, Lawrence residents found themselves unharmed but terrified.

The next morning, a man named John Brown and his sons, who were on their way to provide Lawrence with reinforcements, heard the news of the attack. Brown, a strict, God-fearing Calvinist and staunch abolitionist, once remarked that “God had raised him up on purpose to break the jaws of the wicked.” Disappointed that the citizens of Lawrence did not resist the “slave hounds” of Missouri, Brown opted not to go to Lawrence, but to the homes of proslavery settlers near Pottawatomie Creek in Kansas. The group of seven, including Brown’s four sons, arrived on May 24, 1856, and announced they were the “Northern Army” that had come to serve justice. They burst into the cabin of proslavery Tennessean James Doyle and marched him and two of his sons off, sparing the youngest at the desperate request of Doyle’s wife, Mahala. One hundred yards down the road, Owen and Salmon Brown hacked their captives to death with broadswords and John Brown shot a bullet into Doyle’s forehead. Before the night was done, the Browns visited two more cabins and brutally executed two other proslavery settlers. None of those executed owned any slaves or had had anything to do with the raid on Lawrence.

This undated image shows the aftermath of the sacking of Lawrence, Kansas, by border ruffians. Shown are the ruins of the Free State Hotel.

Brown’s actions precipitated a new wave of violence. All told, the guerilla warfare between proslavery “border ruffians” and antislavery forces, which would continue and even escalate during the Civil War, resulted in over 150 deaths and significant property loss. The events in Kansas served as an extreme reply to Douglas’s proposition of popular sovereignty. As the violent clashes increased, Kansas became known as “Bleeding Kansas.” Antislavery advocates’ use of force carved out a new direction for some who opposed slavery. Distancing themselves from William Lloyd Garrison and other pacifists, Brown and fellow abolitionists believed the time had come to fight slavery with violence.

The violent hostilities associated with Bleeding Kansas were not limited to Kansas itself. It was the controversy over Kansas that prompted the caning of Charles Sumner, introduced at the beginning of this chapter with the political cartoon Southern Chivalry: Argument versus Club’s. Note the title of the cartoon; it lampoons the southern ideal of chivalry, the code of behavior that Preston Brooks believed he was following in his attack on Sumner. In Sumner’s “Crime against Kansas” speech he went much further than politics, filling his verbal attack with allusions to sexuality by singling out fellow senator Andrew Butler from South Carolina, a zealous supporter of slavery and Brooks’s uncle. Sumner insulted Butler by comparing slavery to prostitution, declaring, “Of course he [Butler] has chosen a mistress to whom he has made his vows, and who, though ugly to others, is always lovely to him; though polluted in the sight of the world, is chaste in his sight. I mean the harlot Slavery.” Because Butler was aged, it was his nephew, Brooks, who sought satisfaction for Sumner’s attack on his family and southern honor. Brooks did not challenge Sumner to a duel; by choosing to beat him with a cane instead, he made it clear that he did not consider Sumner a gentleman. Many in the South rejoiced over Brooks’s defense of slavery, southern society, and family honor, sending him hundreds of canes to replace the one he had broken assaulting Sumner. The attack by Brooks left Sumner incapacitated physically and mentally for a long period of time. Despite his injuries, the people of Massachusetts reelected him.

THE PRESIDENTIAL ELECTION OF 1856

The electoral contest in 1856 took place in a transformed political landscape. A third political party appeared: the anti-immigrant American Party, a formerly secretive organization with the nickname “the Know-Nothing Party” because its members denied knowing anything about it. By 1856, the American or Know-Nothing Party had evolved into a national force committed to halting further immigration. Its members were especially opposed to the immigration of Irish Catholics, whose loyalty to the Pope, they believed, precluded their loyalty to the United States. On the West Coast, they opposed the entry of immigrant laborers from China, who were thought to be too foreign to ever assimilate into a white America.

The election also featured the new Republican Party, which offered John C. Fremont as its candidate. Republicans accused the Democrats of trying to nationalize slavery through the use of popular sovereignty in the West, a view captured in the 1856 political cartoon Forcing Slavery Down the Throat of a Free Soiler. The cartoon features the image of a Free-Soiler settler tied to the Democratic Party platform while Senator Douglas (author of the Kansas-Nebraska Act) and President Pierce force a slave down his throat. Note that the slave cries out “Murder!!! Help—neighbors help, O my poor Wife and Children,” a reference to the abolitionists’ argument that slavery destroyed families.

This 1856 political cartoon, Forcing Slavery Down the Throat of a Free Soiler, by John Magee, shows Republican resentment of the Democratic platform—here represented as an actual platform—of expanding slavery into new western territories.

The Democrats offered James Buchanan as their candidate. Buchanan did not take a stand on either side of the issue of slavery; rather, he attempted to please both sides. His qualification, in the minds of many, was that he was out of the country when the Kansas-Nebraska Act was passed. In the above political cartoon, Buchanan, along with Democratic senator Lewis Cass, holds down the Free-Soil advocate. Buchanan won the election, but Fremont garnered more than 33 percent of the popular vote, an impressive return for a new party. The Whigs had ceased to exist and had been replaced by the Republican Party. Know-Nothings also transferred their allegiance to the Republicans because the new party also took an anti-immigrant stance, a move that further boosted the new party’s standing. (The Democrats courted the Catholic immigrant vote.) The Republican Party was a thoroughly northern party; no southern delegate voted for Fremont.