Isabella Carter
The four Kansas Constitutions were drafted in the late 1850s and early 1860s, during a period of intense violence between pro- and anti-slavery groups vying for political control of the territory. This period was known as Bleeding Kansas. Two of the constitutions were pro-slavery, and two banned slavery. The only constitution approved by Congress prohibited slavery and affirmed separate property rights for married women, though it denied universal suffrage for women, blacks, and Indians. The Kansas Constitution has been amended many times, including a universal suffrage amendment in 1912, and remains the state's constitution today.
| Characteristics | Values |
|---|---|
| Number of constitutions | 4 |
| Time of emergence | 1850s and 1860s |
| Reason for multiple constitutions | To address the issue of slavery in the state |
| Number of pro-slavery constitutions | 2 |
| Number of anti-slavery constitutions | 2 |
| Current constitution | Wyandotte Constitution |
| Date of adoption of the current constitution | October 4, 1859 |
| Number of amendments to the current constitution | 95 |
| Date of the latest amendment | November 8, 2022 |
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What You'll Learn
Two constitutions banned slavery
Kansas has had one constitution since statehood, which was adopted by voters on October 4, 1859, and was originally known as the "Wyandotte Constitution". However, in the late 1850s and early 1860s, the Kansas territory produced four draft constitutions, two of which banned slavery.
The Kansas-Nebraska Act of 1854 opened the two territories to settlement under the "popular sovereignty" doctrine, which allowed settlers in search of good agricultural land to move to the area. This act was engineered by Stephen Douglas of Illinois, who supported a transcontinental railroad running through that part of the country. Both required the area to be organized into a territory for statehood. He was agnostic on the morality of slavery and wanted to leave it up to the territorial legislatures.
The four draft constitutions were the Topeka Constitution, the Lecompton Constitution, the Leavenworth Constitution, and the Wyandotte Constitution. 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. It was preceded by the anti-slavery Topeka Constitution and was followed by the Leavenworth Constitution, which provided for the natural rights of African Americans. The Wyandotte Constitution became the Kansas state constitution.
The Lecompton Constitution was strongly pro-slavery and included protections for the right to enslaved "property". It also prevented the legislature from emancipating enslaved people without their enslavers' consent and full compensation. It was approved in a rigged election in December 1857 but was overwhelmingly defeated in a second vote in January 1858 by a majority of voters in the Kansas Territory. The rejection of the Lecompton Constitution, and the subsequent admittance of Kansas as a free state, highlighted the irregular and fraudulent voting practices that had marked earlier efforts.
The Topeka and Lecompton constitutions were placed before the people of the Kansas Territory for a vote, and supporters of the opposing factions boycotted both votes. The "Constitution with no Slavery" clause would not have made Kansas a free state but would have banned the future importation of enslaved people into Kansas. Boycotted by free-soilers, the referendum suffered serious voting irregularities, with over half of the 6,000 votes deemed fraudulent. Nevertheless, both it and the Topeka Constitution were sent to Washington for approval by Congress.
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Two constitutions supported slavery
Kansas was a critical battleground in the mid-19th century over whether slavery would be extended into new states. In the late 1850s, the territory produced four draft constitutions—two pro-slavery and two anti-slavery.
The first pro-slavery constitution was the Lecompton Constitution, written by a pro-slavery territorial legislature in 1857. It was boycotted by free-state voters and passed by pro-slavery voters. The U.S. Senate initially voted for the Lecompton Constitution, but the House defeated it. The constitution was then sent back to Kansas voters, who rejected it. The Lecompton Constitution was a source of violence in Kansas, with South Carolina Representative Preston Brooks caning Massachusetts Senator Charles Sumner nearly to death during a debate over the issue.
The second pro-slavery constitution was written by a pro-slavery territorial legislature in Lecompton in 1855. This legislature was elected when hundreds of heavily armed Missourians crossed into Kansas, exploited a loophole in the definition of "residency," and cast thousands of illegal ballots. This legislature passed draconian pro-slavery laws, including one that made the possession of abolitionist literature a capital offense.
The two pro-slavery constitutions were opposed by rival free-state governments, which endorsed their own constitutions. The violence and political turmoil in Kansas during this period became known as "Bleeding Kansas."
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All four constitutions were drafted in the 1850s
The Kansas Territory was created in 1854, and the Kansas Constitution was drafted in the late 1850s and early 1860s. The Kansas Constitution was originally known as the "Wyandotte Constitution" and was drafted between July 5, 1859, and July 29, 1859. It was adopted by voters on October 4, 1859, and Kansas became the 34th state on January 29, 1861. The approval of the Wyandotte Constitution ended a period of violence in Kansas known as "Bleeding Kansas," during which pro- and anti-slavery groups vied for political control of the territory.
The issue of slavery was the most significant factor in the drafting of the four Kansas constitutions in the 1850s. The Kansas-Nebraska Bill, engineered by Stephen Douglas of Illinois in 1853 and 1854, set the stage for the debate by leaving the question of slavery up to the territorial legislatures according to "popular sovereignty." This contradicted the Missouri Compromise of 1820 and divided the Democratic and Whig Parties. As a result, settlers rushed into Kansas, with Northerners seeking to make it a free state and Southerners aiming for a slave state.
The Lecompton Constitution, drafted in 1857, was a pro-slavery document that was boycotted by anti-slavery voters. While it was approved by the US Senate, it was defeated in the House and rejected by Kansas voters, leaving the state's status undecided. The Leavenworth Constitution, drafted in 1858, provided for the natural rights of African Americans but was also rejected by Congress. The Topeka Constitution, adopted in 1855, was a free constitution that sparked violence in the territory, including the murder of five pro-slavery Southerners by abolitionist John Brown and his band.
The Wyandotte Constitution, approved by voters in 1859, settled the terms of Kansas's admission to the United States as a free state, rejecting slavery and affirming separate property rights for married women. It also denied universal suffrage for women, blacks, and Indians, despite efforts by activists like Solon O. Thacher and Clarina Nichols to include African Americans in the constitution. The Wyandotte Constitution has been amended numerous times, including a universal suffrage amendment in 1912, and remains the constitution of Kansas today.
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The Wyandotte Constitution was the first Kansas Constitution
The Kansas Constitution, originally known as the "Wyandotte Constitution", was the first and current constitution of the state of Kansas. The Wyandotte Constitution was drafted between July 5, 1859, and July 29, 1859, at Lipman Meyer's Hall in the former community of Wyandotte, now part of Kansas City, Kansas. It was the fourth and final proposed Kansas constitution, following the failed attempts of the Topeka, Lecompton, and Leavenworth conventions to create a state constitution that would pass Congress and be signed as a bill by the president.
The Kansas Territory was created in 1854, and the largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited. This was not only a moral question but also, at the time, a religious question. Congress accepted Senator Stephen A. Douglas's proposal that the question be settled by popular sovereignty, with the residents of the territory deciding the question by vote. However, this approach did not work because there was no accepted definition of who was a resident of the territory and could therefore vote. As a result, Kansas had two governments, in two different cities (Lecompton and Lawrence), with two constitutions, one pro-slavery and one anti-slavery, each claiming to be the only legitimate government of the entire territory.
The Wyandotte Constitution was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859. It was a free-state document that explicitly prohibited slavery, granted a homestead exemption to protect settlers from bankruptcy, and offered limited suffrage to women. It also dramatically reduced the size of the state, fixing the western border at 102 degrees west longitude (25th meridian of longitude west from Washington). The Wyandotte Constitution settled the terms of Kansas' admission to the United States as a free state, marking the end of five years of bitter conflict over slavery in the territory.
The bill for Kansas' admission to the Union was introduced on February 12, 1860, and passed by the House of Representatives on April 12, 1860, by a vote of 134 to 73. However, there was resistance in the Senate, and it was not until January 21, 1861, after the secession of several Southern states, that the Senate passed the Kansas bill. The Wyandotte Constitution was then signed by President James Buchanan on January 29, 1861, admitting Kansas as the 34th state of the Union.
Since its adoption, the Wyandotte Constitution has been amended numerous times, including a universal suffrage amendment in 1912. However, it remains the constitution of Kansas today.
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The constitutions addressed the rights of African Americans
The Kansas Constitution, also known as the "Wyandotte Constitution", was adopted by voters on October 4, 1859, and approved by Congress in 1861. It was the only constitution out of the four draft constitutions that prohibited slavery. The other three constitutions included two pro-slavery constitutions and one free-state constitution that was rejected by Congress.
The Kansas Constitution has a Preamble, a Bill of Rights, and 15 articles. The Bill of Rights prescribes the rights of the citizens and sets up Kansas as a free state. It begins with an extensive list of 20 provisions, including protections found in the U.S. Bill of Rights and more.
The 14th Amendment to the U.S. Constitution, ratified in 1868, was a significant step towards addressing the rights of African Americans. It granted citizenship to formerly enslaved individuals and provided a legal basis to challenge discrimination and demand equal rights. The 13th Amendment, ratified in 1865, abolished slavery but left questions about the status of newly freed African Americans unanswered. The 14th Amendment addressed these issues by defining citizenship and protecting civil rights.
The 15th Amendment, ratified in 1870, established the constitutional right to vote for African American males. Despite these amendments, African Americans continued to face obstacles to voting and were often prevented from exercising their voting rights. The struggle for equal rights and protection under the law persisted, with the 20th century civil rights movement aiming to secure and protect full voting rights for all Black citizens.
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Frequently asked questions
The four Kansas Constitutions were the Topeka Constitution, the Leavenworth Constitution, the Lecompton Constitution, and the Wyandotte Constitution.
The four Kansas Constitutions were all drafted in the late 1850s and early 1860s. They were also all drafted during a period of violence in Kansas, as pro- and anti-slavery groups vied for political control of the territory.
The Lecompton Constitution was defeated by the House and rejected by Kansas voters. The Leavenworth Constitution was also rejected by Congress. The Topeka Constitution was not mentioned as being approved or rejected. The Wyandotte Constitution was approved by a territorial referendum on October 4, 1859, and Kansas was admitted to the Union under this constitution.
The Lecompton Constitution was a pro-slavery document, while the Leavenworth Constitution provided for the natural rights of African Americans. The Topeka Constitution is not mentioned in detail, but it was likely also anti-slavery, given that it was drafted by the free-state government. The Wyandotte Constitution was a pragmatic compromise, rejecting slavery and affirming separate property rights for married women, but it also denied universal suffrage for women, blacks, and Indians.
The four Kansas Constitutions were drafted during a period of intense debate over whether Kansas would enter the Union as a free or slave state. This debate was not just limited to Kansas but also divided the Democratic Party and contributed to the birth of the Republican Party.
