The furor over slavery might have died down if settlement of the new territories had proceeded in an orderly manner. Almost none of the settlers who flocked to Kansas owned slaves and relatively few of them were primarily interested in the slavery question. Most had a low opinion of blacks. Like nearly all frontier settlers, they wanted land and local political office, lucrative government contracts, and other business opportunities.
When Congress opened the gates to settlement in May 1854, none of the land in the territory was available for sale. Treaties extinguishing Indian titles had yet to be ratified, and public lands had not been surveyed. In July Congress authorized squatters to occupy unsurveyed federal lands, but much of this property was far to the west of the frontier and practically inaccessible. The situation led to confusion over property boundaries, to graft and speculation, and to general uncertainty, thereby exacerbating the difficulty of establishing an orderly government.
The legal status of slavery in Kansas became the focus of all these conflicts. Both northern abolitionists and southern defenders of slavery were determined to have Kansas. They made of the territory
Pottawatomie Creek May 24, 1856 (John Brown Leads Attack on Slave-Staters)
Marais des Cygnes May49r4858 Pro-SlaveVs-Massacre Five Free-Staters
KANSAS
TERRITORY
"Bleeding Kansas" In the late 1850s, one Kansas government (located in Topeka) abolished slavery; the other (located in Lecompton) legalized slavery. As proslavery settlers poured into Kansas from Missouri, and antislavery settlers from the North, clashes were inevitable.
First a testing ground and then a battlefield, thus exposing the fatal flaw in the Kansas-Nebraska Act and the idea of popular sovereignty. The law said that the people of Kansas were “perfectly free” to decide the slavery question. But the citizens of territories were not entirely free because territories were not sovereign political units. The Act had created a political vacuum, which its vague statement that the settlers must establish their domestic institutions “subject. . . to the Constitution” did not begin to fill. When should the institutions be established? Was it democratic to let a handful of first-comers make decisions that would affect the lives ofthe thousands soon to follow? The virtues of the time-tested system of congressional control established by the Northwest Ordinance became fully apparent only when the system was discarded.
More serious was the fact that outsiders, North and South, refused to permit Kansans to work out their own destiny. The contest for control began at once. The New England Emigrant Aid Society was formed, with grandiose plans for transporting antislavery settlers to the area. The society transported only a handful of New Englanders to Kansas. Yet the New Englanders were very conspicuous, and the society helped many Midwestern antislavery settlers to make the move.
Doing so stirred white Southerners to action. The proslavery forces enjoyed several advantages in this struggle. The first inhabitants in frontier regions nearly always came from lands immediately to the east. In this case they were proslavery Missourians. When word spread that “foreigners” from New England were seeking to “steal” Kansas, many Missourians rushed to protect their “rights.” “If we win we carry slavery to the Pacific Ocean,” Senator Atchison boasted.
In November 1854 an election was held in Kansas to pick a territorial delegate to Congress. A large band of Missourians crossed over specifically to vote for a proslavery candidate and elected him easily. In March 1855 some 5,000 “border ruffians” again descended on Kansas and elected a territorial legislature. A census had recorded 2,905 eligible voters, but 6,307 votes were cast. The legislature promptly enacted a slave code and laws prohibiting abolitionist agitation. Antislavery settlers refused to recognize this regime and held elections of their own. By January 1856 two governments existed in Kansas: one based on fraud, the other extralegal.
By denouncing the free-state government located at Topeka, President Pierce encouraged the proslavery settlers to assume the offensive. In May, 800 of them sacked the antislavery town of Lawrence. An extremist named John Brown then took the law into his own hands in retaliation. By his reckoning, five Free Soilers had been killed by proslavery forces. In May 1856, together with six companions (four of them his sons),
Brown stole into a settlement on Pottawatomie Creek in the dead of night. They dragged five unsuspecting men from their rude cabins and murdered them. This slaughter brought men on both sides to arms by the hundreds. Marauding bands came to blows and terrorized homesteads, first attempting to ascertain the inhabitants’ position on slavery.
Brown and his followers escaped capture and were never indicted for the murders, but pressure from federal troops eventually forced him to go into hiding. He finally left Kansas in October 1856. By that time some 200 persons had lost their lives.
A certain amount of violence was normal in any frontier community, but it suited the political interests of the Republicans to make the situation in Kansas seem worse than it was. Exaggerated accounts of “bleeding Kansas” filled the pages of northern newspapers. The Democrats were also partly to blame, for although residents of nearby states often tried to influence elections in new territories, the actions of the border ruffians made a mockery of the democratic process.
However, the main responsibility for the Kansas tragedy must be borne by the Pierce administration. Under popular sovereignty the national government was supposed to see that elections were orderly and honest. Instead, the president acted as a partisan. When the first governor of the territory objected to the manner in which the proslavery legislature had been elected, Pierce replaced him with a man who backed the southern group without question.