Kansas-Nebraska Act

Sections 1–3

In Section 1 of “An Act to Organize the Territories of Nebraska and Kansas,” Douglas defines the geographic boundaries for the first of the two new territories to be established—Nebraska. Douglas also includes a provision, in direct contradiction to the Missouri Compromise’s prohibition of slavery in this specific region, establishing the principle of popular sovereignty for the territory, noting that “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 admission.” The section also contains a provision guaranteeing the rights and privileges of the native peoples living in the area “so long as such rights shall remain unextinguished by treaty between the United States and such Indians.”

Following the historical precedent of the Northwest Ordinance of 1787, Section 2 establishes the executive power and authority in the Nebraska Territory within the office of an appointed territorial governor. The section further describes the term for the governor and outlines the basic powers and responsibilities assigned to the office of governor.

Section 3, again following the pattern established by the Northwest Ordinance, outlines the responsibilities of the federally appointed territorial secretary for Nebraska—to “record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his executive department.” It further designates the secretary as the alternate to administer the territory in cases where the governor is absent, dies, is removed, or resigns.

Sections 4–8

The fourth section defines the legislative power (exercised by the governor and the Legislative Assembly) for the Nebraska Territory. The section divides the territorial legislature into two houses—a Council comprising thirteen members serving two-year terms and a House of Representatives comprising twenty-six individuals elected annually. Apportionment between the two houses is to occur according to the recommendation of the governor, with the total number of assembly members limited to thirty-nine. The section concludes by outlining residency requirements for council members and the general parameters to be followed for legislative elections.

Section 5 establishes voting rights and qualifications for office holding within the Nebraska Territory, relegating these rights to “every free white male inhabitant above the age of twenty-one years who shall be an actual resident of said Territory” and to those who are either citizens of the United States or who “shall have taken an oath to support the Constitution of the United States and the provisions of this act.” The section closes by excluding military personal stationed in the territory from voting and holding office.

The sixth section limits the power of the Nebraska territorial legislature to measures that are consistent with the U.S. Constitution and with the various provisions of the act itself. This section describes the process by which a bill becomes law in the territory, the governor’s veto prerogative, the override process, and the deadlines for gubernatorial signatures on proposed legislation.

Section 7 stipulates that local governmental officials, “not herein otherwise provided for,” will be appointed or elected in a manner determined by the Nebraska territorial governor and Legislative Assembly. Initial appointments to such positions are made by the governor with the consent of the Council, with the terms running to the end of the first session of the Legislative Assembly.

The provisions of Section 8 make it impossible for members of the Legislative Assembly (with the exception of the members of the first assembly) to hold or accept any appointment or salary to any post created during (or within the first year after) their service in the assembly. It further excludes those with federal appointments, with the exception of postmasters, from serving in the Legislative Assembly.

Section 9–12

Section 9 outlines the structure of the Nebraska Territory’s judicial branch, the terms of judicial service, and the jurisdictions and powers of the various territorial judicial entities. Section 10 extends the provisions of the federal fugitive slave laws of 1793 and 1850 to the Nebraska Territory. Section 11 requires the federal appointment of an attorney and federal marshal for the Nebraska Territory (each to serve a four-year term) to ensure the enforcement of federal laws in the territory. The section also dictates that they be paid a salary commensurate with their peers in the newly organized Utah Territory.

Section 12 explains how the territorial governor, secretary, chief justice, associate justices, attorney, and marshal are to be appointed by the president of the United States and confirmed by the Senate. The section goes on to describe the oath to be taken by the appointees as well as the annual salaries to be paid to these officials. Additionally, the provision calls for an annual meeting of the territorial legislature and stipulates that funds will also be distributed to the governor and secretary to defray the costs of the territorial legislature and the “contingent expenses of the territory.”

Sections 13 and 14

Section 13 authorizes the governor of the Nebraska Territory to call for the first session of the territorial legislature at a time and place of his choosing. The measure goes on to require the legislature to “locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.”

The next segment of the act provides for the election of a nonvoting delegate to the U.S. House of Representatives to represent the Nebraska Territory. The section also outlines the method of electing the delegate. Most importantly, Section 14 has the controversial provision stating that the Constitution and all laws of the United States are in full effect in Nebraska

except the eighth section of the act preparatory to the admission of Missouri into the Union approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slaves in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, 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 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.

This clause renders the Missouri Compromise’s exclusion of slavery from the region null and void and thus paves the way for the renewal of intense sectional division.

Sections 15–18

Section 15 provides for federal funds to be expended under the direction of Nebraska’s territorial governor for the construction of public buildings at the seat of government and for the creation of a library for use by territorial officials. Section 16 is patterned after provisions that originally appeared in the Northwest Ordinance. It stipulates that the proceeds of land sales in sections 16 and 36 in each township surveyed are to be reserved to finance public schools in Nebraska during both its territorial and state phases. Section 17 empowers the governor of the Nebraska Territory to define the judicial districts within the territory, to assign justices to those districts, and to determine when and where court sessions will be held within the individual districts. These boundaries, assignments, times, and locations can be revised or altered by the territorial legislature as deemed appropriate. Section 18 requires that all federally appointed territorial officials who have responsibility for dispersing federal funds post security as directed by the secretary of the treasury.

Section 19

In section 19, Douglas defines the geographic boundaries for the second of the two new territories to be established—Kansas. Douglas also includes a provision, in direct contradiction to the Missouri Compromise’s prohibition of slavery in this specific region, establishing the principle of popular sovereignty for the territory. This provision notes that “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 admission.” It has been suggested that Douglas created a second territory in the belief that he would be able to establish one new free state and one new slave state so as to placate both the North and the South. The section also contains a provision guaranteeing the rights and privileges of the native peoples living in the area “so long as such rights shall remain unextinguished by treaty between the United States and such Indians.”

Sections 20–22

Section 20 establishes the executive power and authority in the Kansas Territory within the office of an appointed territorial governor. The section further describes the term for the governor and outlines the basic powers and responsibilities assigned to the office of governor. Section 21 outlines the responsibilities of the federally appointed territorial secretary for Kansas—to “record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his Executive Department.” It further designates the secretary as the alternate to administer the territory in cases where the governor is absent, dies, is removed, or resigns.

Section 22 defines the legislative power (exercised by the governor and a legislature) for the Kansas Territory. The section divides the territorial legislature into two houses—a Council comprising thirteen members serving two-year terms and a House of Representatives comprising twenty-six individuals elected annually. Apportionment between the two houses is to occur according to the recommendation of the governor, with the total number of assembly members limited to thirty-nine. The section concludes by outlining residency requirements for council members and the general parameters to be followed for legislative elections.

Sections 23–26

Section 23 establishes voting rights and qualifications for office-holding within the Kansas Territory, relegating these rights to “every free white male inhabitant above the age of twenty-one years, who shall be an actual resident of said Territory” and to those who are either citizens of the United States or who “shall have taken an oath to support the Constitution of the United States and the provisions of this act.” The section closes by excluding military personal stationed in the territory from voting and holding office.

Section 24 of the act limits the power of the Kansas territorial legislature to measures consistent with the U.S. Constitution and with the various provisions of the act itself. This section describes the process by which a bill becomes law in the territory, the governor’s veto prerogative, the override process, and the deadlines for gubernatorial signatures on proposed legislation.

Section 25 stipulates that local governmental officials, “not herein otherwise provided for,” will be appointed or elected in a manner determined by the Kansas territorial governor and Legislative Assembly. Initial appointments to such positions are to be made by the governor with the consent of the Council, with the terms running to the end of the first session of the Legislative Assembly.

The provisions of Section 26 make it impossible for members of the Kansas Legislative Assembly (with the exception of the members of the first assembly) to hold or accept any appointment or salary to any post created during (or within the first year after) their service in the assembly. It further excludes those with federal appointments, with the exception of postmasters, from serving in the Legislative Assembly.

Sections 27–31

Section 27 outlines the structure of the Kansas Territory’s judicial branch, the terms of judicial service, and the jurisdictions and powers of the various territorial judicial entities. Section 28 extends the provisions of the federal Fugitive Slave Laws of 1793 and 1850 to the Kansas Territory. Section 29 requires the federal appointment of an attorney and federal marshal for the Kansas Territory (each to serve a four-year term) to ensure the enforcement of federal laws in the territory. The section also dictates that they be paid a salary commensurate with their peers in the newly organized Utah Territory.

Section 30 explains how the territorial governor, secretary, chief justice, associate justices, attorney, and marshal are to be appointed by the president of the United States and confirmed by the Senate. The section goes on to describe the oath to be taken by the appointees as well as the annual salaries to be paid to these officials. Additionally, the provision calls for an annual meeting of the territorial legislature and stipulates that funds will also be distributed to the governor and secretary to defray the costs of the territorial legislature and the “contingent expenses of the Territory.” Section 31 establishes Fort Leavenworth as the temporary seat of government for the Kansas Territory and authorizes the governor and territorial legislature of the Kansas Territory to make use of any unused public buildings within the fort.

Sections 32–37

Section 32 of the act provides for the election of a nonvoting delegate to the U.S. House of Representatives to represent the Kansas Territory. The section also outlines the method of electing the delegate. Section 32 also mirrors Section 14 in rendering the Missouri Compromise’s exclusion of slavery from the region null and void and thus paving the way for the renewal of intense sectional division.

Section 33 provides for federal funds to be expended under the direction of Kansas’s territorial governor for the construction of public buildings at the seat of government and for the creation of a library for use by territorial officials. Section 34 is patterned after provisions that originally appeared in the Northwest Ordinance. It stipulates that the proceeds of land sales in sections 16 and 36 in each township surveyed are to be reserved to finance public schools in Kansas during both its territorial and state phases.

Section 35 empowers the governor of the Kansas Territory to define the judicial districts within the territory, to assign justices to those districts, and to determine when and where court sessions will be held within the individual districts. These boundaries, assignments, times, and locations can be revised or altered by the territorial legislature as deemed appropriate. Section 36 requires that all federally appointed territorial officials who have responsibility for dispersing federal funds post security as directed by the secretary of the treasury. The final section specifies that “all treaties, laws, and other engagements made by the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall be faithfully and rigidly observed.”