Eleanor Finch
The Topeka Constitution was drafted by free-state supporters in 1855 in response to the pro-slavery Territorial Legislature's victory in the March 1855 elections, which were marred by fraud and voter intimidation. The document, which prohibited slavery and prevented free Black people from settling in Kansas, also restricted suffrage to white males and civilized Native Americans who had adopted the habits of the white man. This constitution was put to a territory-wide popular vote on January 15, 1856, and was adopted, leading to the creation of two competing territorial governments in Kansas.
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What You'll Learn
The Topeka Constitution was drafted by free-state supporters
The Free-State convention met from October 23 to November 11, 1855, in Topeka, Kansas, with Jim Lane serving as president. The resulting Topeka Constitution prohibited slavery and granted citizens the rights to "life, liberty, and property and the free pursuit of happiness". It also included an exclusion clause banning free black people from entering Kansas Territory. This clause was approved by Kansas voters, although the version sent to the US Senate did not include it. The Topeka Constitution extended suffrage to white men and "every civilized male Indian who has adopted the ways/habits of the white man".
The Topeka Constitution was put to a territory-wide popular vote on January 15, 1856, and was adopted in a landslide election, despite being boycotted by pro-slavery settlers. This election also saw the election of a free-state governor and legislature, creating two competing territorial governments in Kansas. The Free-State legislature attempted to convene in Topeka on July 4, 1856, but was dispersed by federal troops.
The Topeka Constitution was forwarded to Washington, D.C., for approval, but it faced opposition. President Franklin Pierce condemned the actions of the Free-State Kansans and committed military support to the pro-slavery Kansans. The House of Representatives accepted the Topeka Constitution and voted to admit Kansas as a state, but the Senate blocked the process, suggesting that Free-State Kansans reframe their constitution.
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It banned slavery in Kansas
The Topeka Constitution, drafted in 1855, was the first constitution written for Kansas Territory. It was created by Free-Soil settlers in Kansas, who elected their own legislature to uphold the democratic ideals of popular sovereignty and bring their struggle against pro-slavery forces in the Kansas Territory to a national audience.
The Topeka Constitution banned slavery in Kansas, marking the first effort to form a Kansas governmental structure and define its basis in law. The document was approved on December 15, 1855, by a vote of 1,731 to 46. It was drafted by free-state supporters in reaction to contested elections that gave the pro-slavery party initial control of Kansas' territorial government. The free-state supporters sought to counter the pro-slavery Territorial Legislature elected on March 5, 1855, in polling that was tainted significantly by electoral fraud and the intimidation of Free-State voters.
The Topeka Constitution also included an "exclusion clause" banning free blacks from entering Kansas Territory. This clause was approved by Kansas voters, although the version of the Topeka Constitution that came under consideration in the U.S. Senate lacked this clause. Some Free-Staters believed that Kansas should be open to settlement for whites only, and this exclusionary policy was upheld by a large majority of free-state voters.
The Topeka Constitution was forwarded to Washington, D.C., with a plea to the U.S. Congress for admitting Kansas as a free state under this constitution. However, Congress rejected the constitution and the accompanying request for Kansas to be admitted to the Union. President Franklin Pierce, anxious to placate Southerners and keep them in the Union, condemned the document. The South controlled Congress at the time, and it was not going to admit Kansas as a free state if it could help it.
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It prohibited free black settlers
The Topeka Constitution was the first constitution written for Kansas Territory. It was drafted by free-state supporters in reaction to contested elections that gave the pro-slavery party control of Kansas' territorial government. The convention was organized by Free-Staters to counter the pro-slavery Territorial Legislature elected on March 5, 1855, in polling tainted by electoral fraud and the intimidation of Free State voters.
The Topeka Constitution banned slavery in Kansas, but it also prohibited free black settlers from entering the state. This was achieved through an exclusion clause that was approved by Kansas voters. The clause stated that only "every white male person, and every civilized male Indian who has adopted the habits of the white man, of the age of twenty-one years and upward" could be deemed a "qualified elector". The Free-Staters behind this move believed that Kansas should be open to settlement for whites only, and the clause was included by Jim Lane, who served as president of the Free-State convention. Lane's reasoning was founded on racist attitudes and a desire to avoid economic competition from black settlers.
The Topeka Constitution was put to a territory-wide popular vote on January 15, 1856, and was adopted in a landslide election, though it was boycotted by pro-slavery settlers. The voters also approved the ban on free black settlers, with three-fourths of Free State settlers in favor of a "free white state". This created two competing legislative bodies in Kansas Territory, one pro-slavery and the other Free-State.
The Topeka Constitution was forwarded to Washington, D.C., for approval, but it was condemned by President Franklin Pierce, who committed military force in support of the pro-slavery Kansans. The House of Representatives accepted the Topeka Constitution and voted to accept Kansas's statehood, but the Senate blocked the process, suggesting that Free-State Kansans reframe their constitution. The elected Free-State legislature attempted to convene at Topeka on July 4, 1856, but they were dispersed by federal troops.
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It extended suffrage to white men and Native Americans
The Topeka Constitution was drafted by free-state supporters in reaction to contested elections that gave the pro-slavery party control of Kansas' territorial government. The convention was held in Topeka, Kansas, from October 23 to November 11, 1855, and was organized by Free-Staters to counter the pro-slavery Territorial Legislature. The Free-State Party had coalesced around the desire to make Kansas a free state, with some believing in liberty for all, and others in liberty only for white men.
The Topeka Constitution prohibited slavery in Kansas and extended suffrage to white men and "every civilized male Indian who has adopted the ways of the white man." This meant that Native Americans who had adopted the habits of white men were also granted the right to vote. The constitution also included an exclusion clause banning free blacks from entering Kansas Territory. This clause was approved by Kansas voters, but the version of the Topeka Constitution that was considered in the U.S. Senate lacked this clause.
The Topeka Constitution marked the first effort to form a Kansas governmental structure and define its basis in law. It was drafted by free-state delegates and passed on December 15, 1855, by a vote of 1,731 to 46. The Territorial election for officers and approval of the constitution on January 15, 1856, was boycotted by most pro-slavery men. The voters adopted the Topeka Constitution and elected a governor, creating two competing territorial governments in Kansas.
Despite the adoption of the Topeka Constitution by the voters, it failed to achieve federal recognition. President Franklin Pierce condemned the actions of the Free-State Kansans as "revolutionary" and committed military force in support of the pro-slavery Kansans. The House of Representatives accepted the Topeka Constitution and voted to admit Kansas as a state, but the Senate blocked the process by suggesting that Free-State Kansans reframe their constitution. This conflict between the Free State and Territorial legislatures inspired the term "Bleeding Kansas."
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It was rejected by Congress
The Topeka Constitution was drafted by free-state supporters in reaction to contested elections that gave the pro-slavery party control of Kansas' territorial government. The document was approved on December 15, 1855, by a vote of 1,731 to 46, and it prohibited slavery and limited suffrage to white males and "every civilized male Indian who has adopted the habits of the white man."
However, the Topeka Constitution was rejected by Congress. The document and the accompanying request for Kansas to be admitted to the Union as a free state were not accepted by the Senate, which was controlled by the South at the time. President Franklin Pierce, anxious to placate Southerners and keep them in the Union, also condemned the document. He proclaimed the Topeka government illegitimate and committed himself to supporting the pro-slavery Kansas government, even using military force to disperse the Free-State legislature.
The Senate blocked the process by suggesting that Free-State Kansans reframe their constitution and sent the measure back to the House, which refused to consent. The House of Representatives, on the other hand, initially accepted the Topeka Constitution and voted to accept Kansas's statehood. This created a stalemate between the House and the Senate, with the latter throwing the issue back to the people of Kansas.
The rejection of the Topeka Constitution by Congress was a result of the political tensions and compromises surrounding slavery in the mid-19th century United States. The South, which relied heavily on slavery, was not willing to admit Kansas as a free state, and President Pierce sought to maintain the balance by appeasing Southerners. The Free-State Kansans, meanwhile, continued to push for their state's admission and the realisation of their democratic ideals.
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Frequently asked questions
Yes, the Topeka Constitution, drafted in 1855, extended suffrage to white men and "every civilized male Indian who had adopted the ways of the white man".
The Topeka Constitution was the first constitution written for Kansas Territory. It was drafted by free-state supporters in reaction to contested elections that gave the pro-slavery party control of Kansas' territorial government.
The Topeka Constitution prohibited slavery in Kansas and banned free blacks from living in the state. It also granted citizens the rights to "life, liberty, and property, and the free pursuit of happiness".
The Topeka Constitution was approved by a vote of 1,731 to 46 on December 15, 1855. However, it was rejected by Congress and Kansas was not admitted to the Union under this constitution.
The Topeka Constitution marked the first effort to form a Kansas governmental structure and define its basis in law. It also created two competing territorial governments in Kansas, one pro-slavery and the other free-state.
