1854 organic act
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 ;templatestyles src="Template:Hidden begin/styles.css"/ ;Events leading to the American Civil War
The Kansas–Nebraska Act of 1854 (10 Stat. 277) was a territorial organic act that created the territories of Kansas and Nebraska. It was drafted by Democratic Senator Stephen A. Douglas, passed by the 33rd United States Congress, and signed into law by President Franklin Pierce. Douglas introduced the bill intending to open up new lands to develop and facilitate the construction of a transcontinental railroad. However, the Kansas–Nebraska Act effectively repealed the Missouri Compromise of 1820, stoking national tensions over slavery and contributing to a series of armed conflicts known as "Bleeding Kansas."
The United States had acquired vast amounts of land in the 1803 Louisiana Purchase, and since the 1840s Douglas had sought to establish a territorial government in a portion of the Louisiana Purchase that was still unorganized. Douglas's efforts were stymied by Senator David Rice Atchison of Missouri and other Southern leaders who refused to allow the creation of territories that banned slavery; slavery would have been banned because the Missouri Compromise outlawed slavery in the territory north of latitude 36° 30′ north (except for Missouri). To win the support of Southerners like Atchison, Pierce and Douglas agreed to back the repeal of the Missouri Compromise, with the status of slavery instead decided based on "popular sovereignty". Under popular sovereignty, the citizens of each territory, rather than Congress, would determine whether slavery would be allowed. 
Douglas's bill to repeal the Missouri Compromise and organize Kansas Territory and Nebraska Territory won approval by a wide margin in the Senate, but faced stronger opposition in the House of Representatives. Though Northern Whigs strongly opposed the bill, it passed the House with the support of almost all Southerners and some Northern Democrats. After the passage of the act, pro- and anti-slavery elements flooded into Kansas to establish a population that would vote for or against slavery, resulting in a series of armed conflicts known as "Bleeding Kansas". Douglas and Pierce hoped that popular sovereignty would help bring an end to the national debate over slavery, but the Kansas–Nebraska Act outraged Northerners. The division between pro-slavery and anti-slavery forces caused by the Act was the death knell for the ailing Whig Party, which broke apart after the Act. Its Northern remnants would give rise to the anti-slavery Republican Party. The Act, and the tensions over slavery it inflamed, were key events leading to the American Civil War.
Background.
In his 1853 inaugural address, President Franklin Pierce expressed hope that the Compromise of 1850 had settled the debate over the issue of slavery in the territories. The compromise had allowed slavery in Utah Territory and New Mexico Territory, which had been acquired in the Mexican–American War. The Missouri Compromise, which banned slavery in territories north of the 36°30′ parallel, remained in place for the other U.S. territories acquired in the Louisiana Purchase, including a vast unorganized territory often referred to as "Nebraska". As settlers poured into the unorganized territory, and commercial and political interests called for a transcontinental railroad through the region, pressure mounted for the organization of the eastern parts of the unorganized territory. Though the organization of the territory was required to develop the region, an organization bill threatened to re-open the contentious debates over slavery in the territories that had taken place during and after the Mexican–American War.
The topic of a transcontinental railroad had been discussed since the 1840s. While there were debates over the specifics, especially the route to be taken, there was a public consensus that such a railroad should be built by private interests, and financed by public land grants. In 1845, Stephen A. Douglas, then serving in his first term in the U.S. House of Representatives, had submitted an unsuccessful plan to organize the Nebraska Territory formally, as the first step in building a railroad with its eastern terminus in Chicago. Railroad proposals were debated in all subsequent sessions of Congress with cities such as Chicago, St. Louis, Quincy, Memphis, and New Orleans competing to be the jumping-off point for the construction.
Several proposals in late 1852 and early 1853 had strong support, but they failed because of disputes over whether the railroad would follow a northern or a southern route. In early 1853, the House of Representatives passed a bill 107 to 49 to organize the Nebraska Territory in the land west of Iowa and Missouri. In March, the bill moved to the Senate Committee on Territories, which was headed by Douglas. Missouri Senator David Atchison announced that he would support the Nebraska proposal only if slavery were to be permitted. While the bill was silent on this issue, slavery would have been prohibited under the Missouri Compromise in the territory north of 36°30' latitude and west of the Mississippi River. Other Southern senators were as inflexible as Atchison. By a vote of 23 to 17, the Senate voted to table the motion, with every senator from the states south of Missouri voting to the table.
During the Senate adjournment, the issues of the railroad and the repeal of the Missouri Compromise became entangled in Missouri politics, as Atchison campaigned for re-election against the forces of Thomas Hart Benton. Atchison was maneuvered into choosing between antagonizing the state's railroad interests or its slaveholders. Finally, he took the position that he would rather see Nebraska "sink in hell" before he would allow it to be overrun by free soilers.
Representatives then generally found lodging in boarding houses when they were in the nation's capital to perform their legislative duties. Atchison shared lodgings in an F Street house shared by the leading Southerners in Congress. He was the Senate's President pro tempore. His housemates included Robert T. Hunter (from Virginia, chairman of the Finance Committee), James Mason (from Virginia, chairman of the Foreign Affairs Committee) and Andrew P. Butler (from South Carolina, chairman of the Judiciary Committee). When Congress reconvened on December 5, 1853, the group, termed the F Street Mess, along with Virginian William O. Goode, formed the nucleus that would insist on slaveholder equality in Nebraska. Douglas was aware of the group's opinions and power and knew that he needed to address its concerns. Douglas was also a fervent believer in popular sovereignty—the policy of letting the voters, almost exclusively white males, of a territory decide whether or not slavery should exist in it.
Iowa Senator Augustus C. Dodge immediately reintroduced the same legislation to organize Nebraska that had stalled in the previous session; it was referred to Douglas's committee on December 14. Douglas, hoping to achieve the support of the Southerners, publicly announced that the same principle that had been established in the Compromise of 1850 should apply in Nebraska.
In the Compromise of 1850, Utah and New Mexico Territories had been organized without any restrictions on slavery, and many supporters of Douglas argued that the compromise had already superseded the Missouri Compromise. The territories were, however, given the authority to decide for themselves whether they would apply for statehood as either free or slaves states whenever they chose to apply. The two territories, however, unlike Nebraska, had not been part of the Louisiana Purchase and had arguably never been subject to the Missouri Compromise.
Congressional action.
Introduction of Nebraska bill.
The bill was reported to the main body of the Senate on January 4, 1854. It had been modified by Douglas, who had also authored the New Mexico Territory and Utah Territory Acts, to mirror the language from the Compromise of 1850. In the bill, a vast new Nebraska Territory was created to extend from Kansas north to the 49th parallel, the US–Canada border. A large portion of Nebraska Territory would soon be split off into Dakota Territory (1861), and smaller portions transferred to Colorado Territory (1861) and Idaho Territory (1863) before the balance of the land became the State of Nebraska in 1867.
Furthermore, any decisions on slavery in the new lands were to be made "when admitted as a state or states, the said territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission." In a report accompanying the bill, Douglas's committee wrote that the Utah and New Mexico Acts: ;templatestyles src="Template:Blockquote/styles.css" / ;
The report compared the situation in New Mexico and Utah with the situation in Nebraska. In the first instance, many had argued that slavery had previously been prohibited under Mexican law, just as it was prohibited in Nebraska under the Missouri Compromise. Just as the creation of New Mexico and Utah territories had not ruled on the validity of Mexican law on the acquired territory, the Nebraska bill was neither "affirming nor repealing ... the Missouri act". In other words, popular sovereignty was being established by ignoring, rather than addressing, the problem presented by the Missouri Compromise.
Douglas's attempt to finesse his way around the Missouri Compromise did not work. Kentucky Whig Archibald Dixon believed that unless the Missouri Compromise was explicitly repealed, slaveholders would be reluctant to move to the new territory until slavery was approved by the settlers, who would most likely oppose slavery. On January 16 Dixon surprised Douglas by introducing an amendment that would repeal the section of the Missouri Compromise that prohibited slavery north of the 36°30' parallel. Douglas met privately with Dixon and in the end, despite his misgivings on Northern reaction, agreed to accept Dixon's arguments.
A similar amendment was offered in the House by Philip Phillips of Alabama. With the encouragement of the "F Street Mess", Douglas met with them and Phillips to ensure that the momentum for passing the bill remained with the Democratic Party. They arranged to meet with President Franklin Pierce to ensure that the issue would be declared a test of party loyalty within the Democratic Party.
Meeting with Pierce.
Pierce was not enthusiastic about the implications of repealing the Missouri Compromise and had barely referred to Nebraska in his State of the Union message delivered December 5, 1853, just a month before. Close advisors Senator Lewis Cass of Michigan, a proponent of popular sovereignty as far back as 1848 as an alternative to the Wilmot Proviso, and Secretary of State William L. Marcy both told Pierce that repeal would create serious political problems. The full cabinet met and only Secretary of War Jefferson Davis and Secretary of Navy James C. Dobbin supported repeal. Instead, the president and cabinet submitted to Douglas an alternative plan that would have sought out a judicial ruling on the constitutionality of the Missouri Compromise. Both Pierce and Attorney General Caleb Cushing believed that the Supreme Court would find it unconstitutional.
Douglas's committee met later that night. Douglas was agreeable to the proposal, but the Atchison group was not. Determined to offer the repeal to Congress on January 23 but reluctant to act without Pierce's commitment, Douglas arranged through Davis to meet with Pierce on January 22 even though it was a Sunday when Pierce generally refrained from conducting any business. Douglas was accompanied at the meeting by Atchison, Hunter, Phillips, and John C. Breckinridge of Kentucky.
Douglas and Atchison first met alone with Pierce before the whole group convened. Pierce was persuaded to support repeal, and at Douglas' insistence, Pierce provided a written draft, asserting that the Missouri Compromise had been made inoperative by the principles of the Compromise of 1850. Pierce later informed his cabinet, which concurred with the change of direction. The "Washington Union", the communications organ for the administration, wrote on January 24 that support for the bill would be "a test of Democratic orthodoxy".
Debate in Senate.
On January 23, a revised bill was introduced in the Senate that repealed the Missouri Compromise and split the unorganized land into two new territories: Kansas and Nebraska. The division was the result of concerns expressed by settlers already in Nebraska as well as the senators from Iowa, who were concerned with the location of the territory's seat of government if such a large territory were created. Existing language to affirm the application of all other laws of the United States in the new territory was supplemented by the language agreed on with Pierce: "except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820 [the Missouri Compromise], which was superseded by the legislation of 1850,