Kansas-Nebraska Act: Philosophical Viewpoints: American Democracy Quotes

How we cite our quotes: (Section.Sentence)

Quote #1

And be it further enacted, That the executive power and authority in and over said Territory of Nebraska shall be vested in a Governor who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. (2.1)

We're pleased to introduce everyone to the executive branch of Nebraska Territory. Many (many, many) details follow this statement, but this is our first glimpse at the territorial separation of powers. Kansas gets the same treatment in Section 19.

Quote #2

And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. (4.1-4; 22.1-4)

Just like at the federal level, the legislative branch of both territorial governments is bicameral. That means it's got two separate halves that work together to get stuff done, like a brain. The Governor has veto power, and he gets to break ties and stuff, but other than that, he's not supposed to get too-too involved in making laws.

Quote #3

And be it further enacted, That every free white male inhabitant above the age of twenty-one years who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly […] (5.1; 23.1)

We can't set up a government without saying who can be a part of it and who can vote for it. Open and fair elections are a hallmark of the American governmental system. For the first go-round of elections, the U.S. Congress has dictated who can participate, but after that? It's up to the territories. As long as, of course, whatever they decide is in accordance with the United States Constitution.

Quote #4

And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successor shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by of law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law […] (9.1-4; 27.1-4)

This is just the tip of the judiciary iceberg; Sections 9 and 27 go on for days about the specifics of how this branch of government should operate. But since judges are the ones who, you know, judge stuff that has to do with people's lives, it's especially important that the court system is laid out in a fair, balanced, and complete way.

Mission accomplished, Kansas-Nebraska Act. No one's going to accuse this act of neglecting details.

Quote #5

The Governor and a Secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or & before the Chief Justice, or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken […] (12.2; 30.2)

This line is like a firewall: one more level of protection against the fascists that are surely lurking right outside the territorial gates, waiting for the opportunity to slither in and take over. But by making sure the peeps in the executive branch (as well as peeps in other branches) swear to uphold and support the United States Constitution, there's a much better chance they won't let their territories become tyrannies.