The Lecompton Constitution (1858) was the second of four proposed state constitutions of Kansas. Named for the city of Lecompton, Kansas where it was drafted, it was strongly pro-slavery. It never went into effect.
The Lecompton Constitution (1858) was the second of four proposed state constitutions of Kansas. Named for the city of Lecompton, Kansas where it was drafted, it was strongly pro-slavery. It never went into effect.
The Lecompton Constitution was drafted by pro-slavery advocates and included provisions to protect slavery in the state and to exclude free people of color from its bill of rights. Slavery was the subject of Article 7, which protected the right to enslaved "property". It prevented the legislature from emancipating enslaved people without their enslavers' consent and full compensation. A rigged election approved it in December 1857 but overwhelmingly defeated in a second vote in January 1858 by a majority of voters in the Kansas Territory. [1] The rejection of the Lecompton Constitution, and the subsequent admittance of Kansas to the Union as a free state, highlighted the irregular and fraudulent voting practices that had marked earlier efforts by bushwhackers and border ruffians to create a state constitution in Kansas that allowed slavery.
The Lecompton Constitution was preceded by the Topeka Constitution and was followed by the Leavenworth and Wyandotte Constitutions, with the Wyandotte becoming the Kansas state constitution. [2] The document was written in response to the anti-slavery position of the 1855 Topeka Constitution of James H. Lane and other free-state advocates. [2] The territorial legislature—which, because of widespread electoral fraud, mainly consisted of enslavers—met at the designated capital of Lecompton in September 1857 to produce a rival document. [2] Free-state supporters, who comprised most actual settlers, boycotted the vote. President James Buchanan's appointee as territorial governor of Kansas, Robert J. Walker, although a strong defender of slavery, opposed the blatant injustice of the constitution and resigned rather than implement it. [3] This new constitution enshrined slavery in the proposed state and protected the rights of enslavers. In addition, the constitution provided for a referendum on whether to allow more enslaved people to enter the territory.
The Topeka and Lecompton constitutions were placed before the people of the Kansas Territory for a vote, and supporters of the opposing faction boycotted both votes. In the case of Lecompton, however, the vote was boiled down to a single issue, expressed on the ballot as "Constitution with Slavery" v. "Constitution with no Slavery". But the "Constitution with no Slavery" clause would not have made Kansas a free state; it merely would have banned the future importation of enslaved people into Kansas (something deemed by many as unenforceable). Boycotted by free-soilers, the referendum suffered serious voting irregularities, with over half the 6,000 votes deemed fraudulent. [4] Nevertheless, both it and the Topeka Constitution were sent to Washington for approval by Congress.
A vocal supporter of enslaver rights, which he believed necessary to prevent Southern secession and preserve the Union, President James Buchanan endorsed the Lecompton Constitution before Congress. While the president received the support of Southern Democrats, many Northern Democrats, led by Stephen A. Douglas, sided with the Republicans in opposition to the constitution. [1] Despite Douglas's objections, the Kansas statehood bill passed the Senate on March 23, 1858, by a vote of 33 to 25. [1] Douglas was helped considerably by the work of Thomas Ewing Jr., a noted Kansas Free State politician and lawyer, who led a legislative investigation in Kansas to uncover the fraudulent voting ballots. A new referendum over the fate of the Lecompton Constitution was proposed, even though this would delay Kansas's admission to the Union. Furthermore, a new constitution—the anti-slavery Leavenworth Constitution—was already being drafted. [2] On January 4, 1858, Kansas voters, having the opportunity to reject the constitution altogether in a referendum, overwhelmingly rejected the Lecompton Constitution by a vote of 10,226 to 138. [1] In Washington, the admission of the state of Kansas with the Lecompton Constitution was rejected by the U.S. House of Representatives in 1858. Though soundly defeated, the debate over the proposed constitution had ripped apart the Democratic Party. Anson Burlingame delivered a fiery speech in the House of Representatives on March 31, 1858, condemning those in favor of the Lecompton Constitution as "An Appeal to Patriots Against Fraud and Disunion". Kansas was admitted to the Union as a free state in 1861, just as soon as the pro-slavery senators who had blocked it withdrew from the Senate because their states had seceded.
Lecompton is a city in Douglas County, Kansas, United States. As of the 2020 census, the population of the city was 588. Lecompton, located on the Kansas River, was the de jure territorial capital of Kansas from 1855 to 1861, and the Douglas County seat from 1855 to 1858. Anti-slavery Lawrence became the de facto capital during the latter part of this period, when the county seat was moved there. This time period was known as Bleeding Kansas, due to the violence perpetrated by the pro-slavery, and to a lesser extent the anti-slavery, factions in the eastern part of the state. Lecompton was a hotbed of pro-slavery sentiment during the mid-1800s.
The U.S. state of Kansas, located on the eastern edge of the Great Plains, was the home of nomadic Native American tribes who hunted the vast herds of bison. In around 1450 AD, the Wichita People founded the great city of Etzanoa. The city of Etzanoa was abandoned in around 1700 AD. The region was explored by Spanish conquistadores in the 16th century. It was later explored by French fur trappers who traded with the Native Americans. Most of Kansas became permanently part of the United States in the Louisiana Purchase of 1803. When the area was opened to settlement by the Kansas–Nebraska Act of 1854 it became a battlefield that helped cause the American Civil War. Settlers from North and South came in order to vote slavery down or up. The free state element prevailed.
Bleeding Kansas, Bloody Kansas, or the Border War, was a series of violent civil confrontations in Kansas Territory, and to a lesser extent in western Missouri, between 1854 and 1859. It emerged from a political and ideological debate over the legality of slavery in the proposed state of Kansas.
The Territory of Kansas was an organized incorporated territory of the United States that existed from May 30, 1854, until January 29, 1861, when the eastern portion of the territory was admitted to the Union as the free state of Kansas.
James William Denver was an American politician, soldier and lawyer. He served in the California state government, as an officer in the United States Army in two wars, and as a Democratic member of the United States House of Representatives from California. He served as secretary and Governor of the Kansas Territory during the struggle over whether or not Kansas would be open to slavery. The city of Denver, Colorado, is named after him.
Border ruffians were proslavery raiders who crossed into the Kansas Territory from Missouri during the mid-19th century to help ensure the territory entered the United States as a slave state. Their activities formed a major part of a series of violent civil confrontations known as "Bleeding Kansas", which peaked from 1854 to 1858. Crimes committed by border ruffians included electoral fraud, intimidation, assault, property damage and murder; many border ruffians took pride in their reputation as criminals. After the outbreak of the American Civil War in 1861, many border ruffians fought on the side of the Confederate States of America as irregular bushwhackers.
The Wyandotte Constitution is the constitution of the U.S. state of Kansas. Amended many times, the Wyandotte Constitution is still the constitution of Kansas.
The Topeka Constitutional Convention met from October 23 to November 11, 1855 in Topeka, Kansas Territory, in a building afterwards called Constitution Hall. It drafted the Topeka Constitution, which banned slavery in Kansas, though it would also have prevented free blacks from living in Kansas. The convention was organized by Free-Staters to counter the pro-slavery Territorial Legislature elected March 5, 1855, in polling tainted significantly by electoral fraud and the intimidation of Free State voters.
The Leavenworth Constitution was one of four Kansas state constitutions proposed during the era of Bleeding Kansas. It was never adopted. The Leavenworth Constitution was drafted by a convention of Free-Staters, and was the most progressive of the four proposed constitutions. The conspicuous aspects of this Constitution were a Bill of Rights that referred to "all men", the banning of slavery from the state, and a basic framework for the rights of women.
The Kansas Legislature is the state legislature of the U.S. state of Kansas. It is a bicameral assembly, composed of the lower Kansas House of Representatives, with 125 state representatives, and the upper Kansas Senate, with 40 state senators. Representatives are elected for two-year terms, senators for four-year terms.
Free-Staters was the name given to settlers in Kansas Territory during the "Bleeding Kansas" period in the 1850s who opposed the expansion of slavery. The name derives from the term "free state", that is, a U.S. state without slavery. Many of the "free-staters" joined the Jayhawkers in their fight against slavery and to make Kansas a free state.
The timeline of Kansas details past events that happened in what is present day Kansas. Located on the eastern edge of the Great Plains, the U.S. state of Kansas was the home of sedentary agrarian and hunter-gatherer Native American societies, many of whom hunted American bison. The region first appears in western history in the 16th century at the time of the Spanish conquest of the Aztec Empire, when Spanish conquistadors explored the unknown land now known as Kansas. It was later explored by French fur trappers who traded with the Native Americans. It became part of the United States in the Louisiana Purchase of 1803. In the 19th century, the first American explorers designated the area as the "Great American Desert."
The presidency of James Buchanan began on March 4, 1857, when James Buchanan was inaugurated as 15th president of the United States, and ended on March 4, 1861. Buchanan, a Democrat from Pennsylvania, took office as the 15th United States president after defeating John C. Frémont of the Republican Party and former President Millard Fillmore of the American Party in the 1856 presidential election. He declined to seek re-election and was succeeded by Republican Abraham Lincoln.
Lecompton Constitution Hall, also known as Constitution Hall, is a building in Lecompton, Kansas, that played an important role in the long-running Bleeding Kansas crisis over slavery in Kansas. It is operated by the Kansas Historical Society as Constitution Hall State Historic Site.
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. In the United States, the term has been used to express this concept in constitutional law. It was also used during the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress.
James Buchanan Jr. was the 15th president of the United States, serving from 1857 to 1861. Buchanan also served as the secretary of state from 1845 to 1849 and represented Pennsylvania in both houses of the U.S. Congress. He was an advocate for states' rights, particularly regarding slavery, and minimized the role of the federal government preceding the Civil War.
Stephen Arnold Douglas was an American politician and lawyer from Illinois. A U.S. Senator, he was one of two nominees of the badly split Democratic Party to run for president in the 1860 presidential election, which was won by Republican candidate Abraham Lincoln. Douglas had previously defeated Lincoln in the 1858 United States Senate election in Illinois, known for the pivotal Lincoln–Douglas debates. He was one of the brokers of the Compromise of 1850, which sought to avert a sectional crisis; to further deal with the volatile issue of extending slavery into the territories, Douglas became the foremost advocate of popular sovereignty, which held that each territory should be allowed to determine whether to permit slavery within its borders. This attempt to address the issue was rejected by both pro-slavery and anti-slavery advocates. Douglas was nicknamed the "Little Giant" because he was short in physical stature but a forceful and dominant figure in politics.
The Battle of Fort Titus occurred during conflicts in the Kansas Territory between abolitionist and pro-slavery militias prior to the American Civil War. The era is known as Bleeding Kansas.
Barzillai Gray was an American judge. He graduated at the University of Michigan in 1845, A. B., and was admitted to the bar in 1853. He settled in Wyandotte, Kansas, but later moved to Leavenworth, Kansas, where he was elected judge of the criminal court. In 1876, he was appointed private secretary to Governor George T. Anthony, of Kansas. At the close of Governor Anthony's office, Judge Gray moved once more to Wyandotte, where he held many offices among them that of probate judge. He was, however, best known for his real estate and development plans. He was instrumental in planning several additions and laying out roads and took great interest in the future of that portion of the city known as "Riverview", where an effort was made to establish a market and grain exchange. As territorial attorney for Wyandotte district, Gray was the first man in Kansas to prosecute liquor cases.
Under U.S. law, a state requires a constitution. A main order of business for Territorial Kansas was the creation of a constitution, under which Kansas would become a state. Whether it would be a slave state or a free state, allowing or prohibiting slavery, was a national issue, because it would affect voting in the polarized U.S. Senate. Because of tensions over slavery, four quite different constitutions of Kansas were drafted.
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