The Great Conspiracy, Volume 1

by John Alexander Logan

"Third, That the provisions of the Constitution and laws of the United States, in respect to fugitives from service, are to be carried into faithful execution in all the `organized Territories,' the same as in the States."

The sections authorizing Kansas and Nebraska to elect and send delegates to Congress also prescribed:

"That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory, as elsewhere in the United States, except the section of the Act preparatory to the admission of Missouri into the Union, approved March 6th, 1820, which was superseded by the principles of the Legislation of 1850, commonly called the Compromise Measures, and is declared inoperative."

And when "explaining this Kansas-Nebraska Bill" Mr. Douglas announced that, in reporting it, "The object of the Committee was neither to legislate Slavery in or out of the Territories; neither to introduce nor exclude it; but to remove whatever obstacle Congress had put there, and apply the doctrine of Congressional Non-intervention in accordance with the principles of the Compromise Measures of 1850, and allow the people to do as they pleased upon this as well as all other matters affecting their interests."

A vigorous and able debate ensued. A motion by Mr. Chase to strike out the words "which was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures," was defeated decisively. Subsequently Mr. Douglas moved to strike out the same words and insert in place of them, these: "which being inconsistent with the principles of Non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850 (commonly called the Compromise Measures), is hereby declared inoperative and void; it being the true intent and meaning of this Act not to legislate Slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States"—and the motion was agreed to by a vote of 35 yeas to 10 nays. Mr. Chase immediately moved to add to the amendment just adopted these words: "Under which, the people of the Territory, through their appropriate representatives, may, if they see fit, prohibit the existence of Slavery therein;" but this motion was voted down by 36 nays to 10 yeas. This developed the rat in the meal-tub. The people were to be "perfectly free" to act either way on the subject of Slavery, so long as they did not prohibit Slavery! In this shape the Bill passed the Senate.

Public sentiment in the North was greatly stirred by this direct attempt to repeal the Missouri Compromise. But by the superior parliamentary tactics of Southern Representatives in the House, whereby the radical friends of Freedom were shut out from the opportunity of amendment, a House Bill essentially the same as the Senate Bill was subsequently passed by the House, under the previous question, and afterward rapidly passed the Senate, and was approved by the President. At once commenced that long and terrible struggle between the friends of Free-Soil and the friends of Slavery, for the possession of Kansas, which convulsed the whole Country for years, and moistened the soil of that Territory with streams of blood, shed in numerous "border-ruffian" conflicts.

The Territorial Government of Kansas was organized late in 1854, and an "election" for Delegate held, at which the Pro-Slavery candidate (Whitfield) was fraudulently elected. On March 30, 1855, a Territorial Legislature was similarly chosen by Pro-Slavery voters "colonized" from Missouri. That Legislature, upon its meeting, proceeded at once to enact most outrageous Pro-Slavery laws, which being vetoed by the Free-Soil Governor (Reeder), were passed over the veto, and the Free-Soil Governor had to give place to one who favored Slavery in Kansas. But the Free-Soil settlers of Kansas, in Mass Convention at Big Springs, utterly repudiated the bogus Legislature and all its acts, to which they refused submission.

In consequence of these radical differences, two separate elections for Delegate in Congress were held by the opposing factions, at one of which was elected the Pro-Slavery Whitfield, and at the other the Free-Soiler Reeder. Furthermore, under a call issued by the Big Springs Convention, a Free-State Constitutional Convention was held in October, 1855, at Topeka, which framed a Free-State Constitution, and asked admission under it to the Union.

In 1856, the House of Representatives—which, after a protracted struggle, had elected N. P. Banks Speaker—passed a Bill, by a bare majority, admitting Kansas under her Topeka Constitution; but the Senate defeated it. July 4, 1856, by order of President Pierce, the Free-State Legislature, chosen under the Topeka Constitution to meet at Topeka, was dispersed by United States Troops. Yet, despite all oppositions, discouragements, and outrages, the Free-State population of Kansas continued to increase from immigration.

In 1857, the Pro-Slavery Legislature elected by the Pro-Slavery voters at their own special election—the Free-State voters declining to participate—called a Constitutional Convention at Lecompton, which formed a Pro-Slavery Constitution. This was submitted to the people in such dexterous manner that they could only vote "For the Constitution with Slavery" or "For the Constitution without Slavery"—and, as the Constitution prescribed that "the rights of property in Slaves now in the Territory, shall in no manner be interfered with," to vote "for the Constitution Without Slavery" was an absurdity only paralleled by the course of the United States Senate in refusing to permit the people of Kansas "to prohibit Slavery" while at the same time declaring them "perfectly free to act" as they chose in the matter.