Constitutional Conventions of Kansas

Constitutional Conventions of Kansas - Page 2

The Free-State Legislature adjourned on March 15th, planning to meet again on July 4, 1856. A U.S. Congressional Committee, consisting of John Sherman, William A. Howard and Mordecai Oliver, was appointed to inquire into the validity of the Bogus Legislature and the election of John Whitfield as governor. It arrived in Kansas on April 18, 1856, and the new "Free-State" officers sought the advice of Sherman and Howard, the republican members. After a discussion of the whole situation, the Free-State men decided to stand by the Topeka Government against the Federal Authority even by force if necessary.

Topeka, Kansas in 1856.

But, shortly thereafter Governor Charles Robinson and other Free-State leaders were indicted and arrested on the charge of treason. When the Free-State Legislature convened again on July 4, 1856, at Topeka, it was dispersed, at the mouth of loaded cannon, by Colonel Edwin Sumner under instructions of the President.

In the meantime, on June 15th, the First National Republican Convention declared "that Kansas should be immediately admitted as a state of the Union, with her present free Constitution." On June 25th Galusha A. Grow, of Pennsylvania, introduced a bill in Congress to admit Kansas under the Topeka Constitution. This bill passed the House on July 3, 1856, by a vote of 99 to 97 but when it reached the Senate, they suggested that that the people of Kansas should frame a new constitution. To this the House refused to accede.

The Topeka Constitution epitomized the vital issue of the day. For nearly three years of bloody conflict it was the rallying banner around which the Free-State men gathered. Under its folds they stood in the Wakarusa War, the Sacking of Lawrence, the Battles of Hickory Point, Franklin, and Black Jack. The constitution was called by James H. Lane, "the old blood stained banner" and so it was. It became the chief issue in the National Campaign of 1856 and as the story became known across the nation, it induced a wave of immigration to Kansas in the spring of 1857.

The Free-State Legislature met again in January, 1857, and memorialized Congress to admit Kansas under it. Again, in June, the Legislature petitioned Congress to the same effect but without result. The Topeka movement was soon abandoned and the Topeka Constitution became only "a scrap of paper."

Lecompton Constitutional Convention

The majority of Free-State men was becoming larger every day and their heroic struggle for a free government was becoming better known throughout the nation. Soon, the pro-slavery advocates in Washington concluded to force a pro-slavery constitution in Kansas at once. Under its direction, on February 19, 1857, the Bogus Legislature called a Constitutional Convention at Lecompton.

The bill made no provision for submitting the constitution, when drafted, to a vote of the people. Governor Geary vetoed the bill for that reason, but it was passed over his veto. The election of delegates was held on June 15, 1857, with the Free-State men refusing to participate. The convention met September 7, 1857, and concluded its proceedings November 7, 1857.

Forcing slavery down the throat of a Free-soiler,

John L. Magee, 1856.

When the convention assembled it was organized with the John Calhoun as President and Thomas C. Hughes as Secretary. Hughes was subsequently succeeded by Charles J. McIlvaine. Over the next several weeks, the constitution was written and adopted by the president and secretary and 44 delegates, including:

James Adkins, Alexander Bayne, Joel P. Blair, L. S. Boling, J. T. Bradford, M. E. Bryant, H. Butcher, Thomas D. Childs, Jesse Connell, Wilburn Christison, J. H. Danforth, Cyrus Dolman, L. J. Eastin, Rush Elmore, H. W. Forman, I. S. Hascal, William A. Heiskell, John D. Henderson, J. T. Hereford, W. H. Jenkins, A. W. Jones, Batt. Jones, Thomas J. Key, S. J. Kookager, B. Little, G. W. McKown, John W. Martin, William Mathews, C. K. Mobley, Hugh M. Moore, Henry D. Oden, John S. Pandoiph. Greene B. Redman, Samuel G. Reed, J. J. Reynolds, Henry Smith, W. T. Spicely, Owen C. Stewart, W. H. Swift, Jarrett Todd, D. Vanderslice, William Walker, W. S. Wells, and H. T. Wilson.

The constitution was a lengthy document but its primary provisions of interest related to slavery, providing:

"The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same and as inviolate as the right of the owner of any property whatever. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners."

"Free negroes shall not be permitted to live in this State under any circumstances."

The schedule provided that after 1864 the constitution might be amended by a special convention "but no alteration shall be made to affect the rights of property in the ownership of slaves."

Constitution Hall in Lecompton, Kansas.

If this constitution could be once fastened legally upon the people it was believed they would be permanently tied to slavery. It was the original plan to have the constitution adopted by the convention which drafted it and to forward it immediately to Congress, who would then admit Kansas as a state under it. But Governor John Geary's veto had exposed the conspiracy so that the convention conceived a thin subterfuge for the sake of appearances. The schedule provided for a popular vote under the supervision of three commissioners in each county to be appointed by the president of the convention. On the ballots were endorsed "Constitution with slavery" and "Constitution with no slavery," so that everyone who voted must vote for the constitution, his only choice being with or without slavery. It was further provided that if a majority voted for the constitution with no slavery then "slavery shall no longer exist in the state of Kansas, except that the right of property in slaves now in this Territory shall in no manner be interfered with."

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