Kansas-Nebraska Act: Allusion
Kansas-Nebraska Act: Allusion
We keep talking about how the Kansas-Nebraska Act mentions both the Missouri Compromise and the Fugitive Slave Acts of 1793 and 1850, but it's all an allusion.
No, not an illusion.The Fugitive Slave Act was not, unfortunately, just a mirage.
But neither piece of legislation is ever mentioned by name. Like Voldemort, they're both referred to by their details and dates, not by their official names.
The Missouri Compromise is mentioned in Sections 14 and 32, but instead of just saying "Missouri Compromise," it says this:
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 of Kansas as elsewhere within the United States, 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 slavery 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… (32.4; emphasis added)
Same goes for the Fugitive Slave Acts of 1793 and 1850, as witnessed in Sections 10 and 28:
And Be it further enacted, That the provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the act entitled " An act to amend, and supplementary to, the aforesaid act," approved September eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska. (10.1)
So was it supposed to be some kind of huge secret what they were talking about? Were they avoiding using proper names out of fear or anger or some other emotion? Or were they just trying to be super-duper, extra clear so no one would have any doubts as to which pieces of legislation they were referring?
Knowing Congress, it was probably that last one. But we do get a little kick out of picturing a scenario where they debated referring to the Fugitive Slave Acts as The-Acts-That-Must-Not-Be-Named.
Accio popular sovereignty!