
The Topeka Constitution was drafted in 1855 by free-state supporters in response to the pro-slavery territorial government in Kansas. The document was approved on December 15, 1855, and prohibited slavery in Kansas, but it also prevented free blacks from settling in the state. The Topeka Constitution was the first attempt to establish a governmental structure for Kansas and define its laws. It was forwarded to Washington, D.C., for approval, but Congress rejected it, and Kansas was not admitted to the Union until 1861.
| Characteristics | Values |
|---|---|
| Date of the Topeka Constitutional Convention | 23 October to 11 November 1855 |
| Location of the Topeka Constitutional Convention | Topeka, Kansas Territory |
| Purpose | To draft a constitution for Kansas Territory |
| Key Provisions | Prohibited slavery; granted citizens the rights to "life, liberty, and property and the free pursuits of happiness"; extended suffrage to white males and "every civilized male Indian who has adopted the habits of the white man" |
| Separate Issue | Whether to admit free blacks into the state |
| Date of Ratification | 15 December 1855 |
| Outcome of Ratification Vote | Approved by a vote of 1,731 to 46 |
| Date of Territorial Election and Approval of Constitution | 15 January 1856 |
| Result of Territorial Election | Election of a free-state governor and legislature, creating two competing territorial governments |
| Congressional Response | President Franklin Pierce condemned the Topeka government and committed to supporting the pro-slavery Kansas government; the House of Representatives voted to admit Kansas to statehood under the Topeka Constitution, but the Senate blocked the process |
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What You'll Learn

The Topeka Constitution was written in 1855
The Topeka Constitution banned slavery in Kansas, but it also would have prevented free blacks from living in the state. This was a highly controversial issue, and the question of admitting free blacks into Kansas was submitted to a popular vote as a separate issue. The Topeka Constitution marked the first effort to form a Kansas governmental structure and define its basis in law. It granted citizens the rights to "life, liberty, and property and the free pursuit of happiness", but limited suffrage to white males and "every civilized male Indian who has adopted the ways of the white man".
The document was approved on December 15, 1855, by a vote of 1,731 to 46, and on January 15, 1856, a free-state governor and legislature were elected, creating two competing territorial governments. The Topeka Constitution was forwarded to Washington, D.C., for approval, but President Franklin Pierce condemned the actions of the Free-State Kansans and committed himself to supporting the pro-slavery Kansas government. Despite this, the House of Representatives voted to admit Kansas to statehood under the Topeka Constitution on July 3, 1856. However, the Senate blocked the process, suggesting that Free-State Kansans reframe their constitution.
The Topeka Constitution was followed by several other constitutions, including the pro-slavery Lecompton Constitution of 1857 and the Free-State Leavenworth Constitution of 1858. Ultimately, it was the Wyandotte Constitution of 1859 that led to Kansas being admitted to the Union as a free state in 1861.
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It banned slavery in Kansas
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 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. However, it also would have prevented free blacks from living in the state. The question of admitting free blacks into the state was submitted to a popular vote as a separate issue. The Topeka Constitution included an exclusion clause banning free blacks from entering Kansas Territory. This clause was approved by Kansas voters, but it was not included in the version of the Topeka Constitution that came under consideration in the U.S. Senate.
The Topeka Constitution was drafted during a period of intense conflict between Free State and pro-slavery forces in Kansas Territory. The Free-Soil settlers who created the Topeka Constitution sought to manifest the democratic ideals of popular sovereignty, letting settlers and their legislatures decide on the status of slavery in future states. They also sought to bring their struggle against pro-slavery forces in Kansas Territory to a national audience. The pro-slavery side, meanwhile, tried to drive Free-Soil settlers out of the territory by enacting repressive slave codes and committing electoral fraud.
The Topeka Constitution was forwarded to Washington, D.C., for approval, but it was rejected by Congress. President Franklin Pierce condemned the actions of the Free-State Kansans and committed himself to supporting the pro-slavery Kansas government. Despite this, the House of Representatives voted to admit Kansas to statehood under the Topeka Constitution on July 3, 1856. However, the Senate blocked the process by suggesting that Free-State Kansans reframe their constitution. This effectively terminated the ambitions laid out in the Topeka Constitution.
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It was drafted by free-state supporters
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 free-state supporters first gathered in convention at Lawrence on August 14, 1855, and at Big Spring on September 5, 1855, before delegates assembled at Topeka on October 23, 1855, to draft the constitution. The document was approved on December 15, 1855, by a vote of 1,731 to 46.
The Topeka Constitution prohibited slavery and limited suffrage to white males and "every civilized male Indian who has adopted the habits of the white man". The constitution also granted citizens the rights to "life, liberty, and property and the free pursuit of happiness". However, it controversially banned free blacks from entering Kansas Territory. This decision was made by putting the question of admitting free blacks to a popular vote as a separate issue. On January 15, 1856, a free-state governor and legislature were elected, creating two competing territorial governments.
The Topeka Constitution was forwarded to Washington, D.C., for approval, but President Franklin Pierce condemned the actions of the free-state Kansans and committed himself to supporting the pro-slavery Kansas government. Despite this, the House of Representatives voted to admit Kansas to statehood under the Topeka Constitution on July 3, 1856. However, the Senate blocked the process by suggesting that free-state Kansans reframe their constitution. This threw the issue back to the people of Kansas in accordance with the provisions of the Kansas-Nebraska Act.
The Topeka Constitution was followed by the equally unsuccessful, pro-slavery Lecompton Constitution of 1857 and the Free-State Leavenworth Constitution of 1858. It was not until the Wyandotte Constitution of 1859 that Kansas was admitted to the Union as a free state in 1861.
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It was the first constitution written for Kansas Territory
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 document was approved on December 15, 1855, by a vote of 1,731 to 46. The Topeka Constitution prohibited slavery and limited suffrage to white males and "every civilized male Indian who has adopted the habits of the white man".
The movement for statehood was launched by free-state Kansans in opposition to the pro-slavery territorial government. This came in reaction to the Kansas-Nebraska Act of 1854, which allowed settlers to decide on the question of slavery within their borders without congressional intervention. As a result, control of the territorial government was crucial, and pro-slavery elements succeeded in establishing a pro-slavery legislature in Kansas.
The Topeka Constitution was drafted by a constitutional convention of free-state supporters, which met in Topeka from October 23 to November 12, 1855. The convention was organised 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 marked the first effort to form a Kansas governmental structure and define its basis in law.
The Topeka Constitution was forwarded to Washington, D.C., for approval, but President Franklin Pierce condemned the actions of the Free-State Kansans as "of a revolutionary character" and committed military force in support of the pro-slavery Kansans. Despite this, the House of Representatives accepted the Topeka Constitution and voted to admit Kansas to statehood. However, the Senate blocked the process by suggesting that Free-State Kansans reframe their constitution.
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It was forwarded to Washington, D.C. for approval
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 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, though it also would have prevented free blacks from living in the state. It was drafted by the Topeka Constitutional Convention, which met from October 23 to November 11 or 12, 1855, in Topeka, Kansas Territory. The document was approved on December 15, 1855, by a vote of 1,731 to 46.
It was then forwarded to Washington, D.C., for approval. This was a crucial step in the process of seeking statehood for Kansas and establishing its governmental structure. President Franklin Pierce, however, condemned the document and committed military force in support of the pro-slavery Kansans. He proclaimed the Topeka government illegitimate and ordered the arrest of its leaders. Despite this, the House of Representatives accepted the Topeka Constitution and voted to admit Kansas as a state on July 2 or 3, 1856.
The Senate, however, blocked the process. On July 8, 1856, Senator Stephen A. Douglas introduced a bill that threw the issue back to the people of Kansas, in line with the Kansas-Nebraska Act. The Topeka Constitution's journey to Washington, D.C., and the subsequent back-and-forth highlighted the deep divisions within the country on the issue of slavery and set the stage for the Civil War, which began just four months after Kansas was finally admitted to the Union as a free state in 1861.
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Frequently asked questions
The Topeka Constitution was written in 1855.
The Topeka Constitution was a resolution that established an antislavery territorial government in opposition to the existing proslavery territorial government in Kansas.
The Topeka Constitution was ratified on December 15, 1855, and banned slavery in Kansas. However, it also prevented free blacks from living in Kansas. The constitution was forwarded to Washington, D.C., for approval, but was ultimately rejected by Congress. Kansas was eventually admitted to the Union as a free state in 1861, after the passage of the Wyandotte Constitution in 1859.

























