Jonah Patel
The Wyandotte Constitution was the fourth and final proposed constitution for Kansas, 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 Wyandotte Constitution was drafted between July 5, 1859, and July 29, 1859, and it was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859. However, it faced resistance in the United States Senate, and it was not until January 21, 1861, that the Senate passed the Kansas bill, with the admission of Kansas as a free state becoming effective on January 29, 1861.
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Resistance in the US Senate
The Wyandotte Constitution was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859. 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. The largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited. The Wyandotte Constitution prohibited slavery and granted a homestead exemption to protect settlers from bankruptcy, offering limited suffrage to women.
However, there was resistance in the United States Senate. The bill for Kansas's admission was introduced on February 12, 1860, and within two months, the congressmen voted 134 to 73 to admit Kansas under the Wyandotte Constitution. Still, the admission bill was carried over to the next session. The resistance in the Senate was primarily due to the issue of slavery, with pro-slavery advocates opposing Kansas's admission. There were also southern senators from states that did not want to see Kansas admitted as a free state.
William H. Seward of New York, a long-time champion of the free-state cause in Kansas, introduced a separate bill in the Senate on February 21, 1860, and appealed for immediate action. However, the bill faced opposition and was not passed until after the election of Abraham Lincoln, when several Southern states seceded, thinning the ranks of opposing Southern senators. On January 21, 1861, the last six southern senators left their seats, and the Senate passed the Kansas bill.
The resistance in the US Senate was a result of the highly polarized nature of the slavery debate at the time, with the admission of Kansas as a free state seen as a victory for the anti-slavery faction in Congress. The Wyandotte Constitution settled the terms of Kansas' admission to the United States, establishing it as a free state and rejecting slavery. It also affirmed separate property rights for married women and their right to participate in school elections while denying universal suffrage for women, blacks, and Indians.
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Dueling constitutions
The Wyandotte Constitution 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 largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited. This resulted in duelling constitutions, with Kansas having two governments, in two different cities (Lecompton and Lawrence), each with its own constitution and claiming to be the only legitimate government of the entire territory.
The convention drafting the Wyandotte Constitution was held between July 5, 1859, and July 29, 1859, at Lipman Meyer's Hall just north of Kaw Point in the former community of Wyandotte (now part of Kansas City, Kansas, in Wyandotte County, Kansas). The issue of slavery had pretty much been decided in the territory, so the decision to make Kansas "free" was no surprise. However, there were other controversial issues to decide, including the eastern boundary of the state and the possibility of equal voting rights for Kansas women.
The majority of delegates would not accept this "radical" idea, and suffrage was granted only to "Every white male person, of twenty-one years and upward." Because of this, blacks and Indians were denied the vote. Largely because of the efforts of social activist Clarina Nichols, the Wyandotte Constitution did not totally ignore women's rights. Women were allowed to participate in school district elections and to own property. The constitution stated that the legislature was to "provide for their equal rights in the possession of their children."
The Wyandotte Constitution was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859. In April 1860, the United States House of Representatives voted 134 to 73 to admit Kansas under the Wyandotte Constitution. However, there was resistance in the United States Senate. As 11 slave states seceded from the Union, their senators left their seats, and on January 21, 1861, the Senate passed the Kansas bill. The admission of Kansas as a free state became effective on January 29, 1861, marking the end of five years of bitter conflict over slavery in Kansas Territory.
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National debate
The Wyandotte Constitution 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 national debate surrounding the Wyandotte Constitution centred primarily on the issue of slavery, with the admission of Kansas as a free state having significant implications for the balance of power in Congress between pro- and anti-slavery factions.
The Kansas Territory was created in 1854, and the question of whether slavery would be permitted or prohibited became the largest issue in the territory. Congress proposed that the matter be settled by popular sovereignty, with residents of the territory deciding the question by vote. However, this approach proved unsuccessful due to the lack of an accepted definition of who qualified as a resident of the territory and, therefore, eligible to vote. This led to a stalemate, with sizeable pro- and anti-slavery factions in Kansas, each claiming to be the legitimate government of the entire territory.
The Wyandotte Constitution was drafted in July 1859 and it explicitly prohibited slavery. However, it also included other controversial issues, such as women's rights and the state's boundaries. While women's suffrage was not granted, the efforts of social activist Clarina Nichols resulted in women gaining the rights to own property and participate in school district elections, as well as assurances of equal rights in child custody. The western boundary of the state was also reduced, giving up land that included the Pike's Peak Gold Rush area, which was seen as advantageous by many delegates.
The proposed constitution faced resistance in the United States Senate, with pro-slavery advocates opposing Kansas's admission as a free state. The bill for Kansas's admission was introduced in February 1860 and passed in the House of Representatives, but it stalled in the Senate. The election of Abraham Lincoln as president and the subsequent secession of several Southern states weakened the opposition, and the bill finally passed both houses of Congress on January 21, 1861. On January 29, 1861, President James Buchanan, ironically despised by many free-state settlers, signed the bill, admitting Kansas as the 34th state and ending the bitter conflict over slavery in the territory.
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Suffrage
The delegates to the convention, who were mostly young men from Northern states, debated several controversial issues, including the eastern boundary of the state and the possibility of equal voting rights for women. While there was some support among the male delegates for granting equal voting rights to women, the majority viewed this as a "radical" idea and suffrage was ultimately granted only to "every white male person, of twenty-one years and upward." This clause effectively denied suffrage to women, blacks, and Indians.
However, due to the efforts of social activist Clarina Nichols, the Wyandotte Constitution did include some provisions for women's rights. Women were granted the right to own property and participate in school district elections. The constitution also included a provision for women's equal rights "in the possession of their children."
The Wyandotte Constitution was approved by the United States House of Representatives in February 1860, but it faced resistance in the Senate due to the issue of slavery. With the election of Abraham Lincoln and the secession of several Southern states, opposition to Kansas's admission decreased, and the bill was finally passed by both houses of Congress on January 21, 1861, and signed by President James Buchanan on January 29, 1861, admitting Kansas as the 34th state.
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Amendments
The Wyandotte Constitution 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 Wyandotte Constitution was approved in a referendum by a vote of 10,421 to 5,530 on October 4, 1859.
The largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited. The Wyandotte Constitution prohibited slavery, but it also denied universal suffrage for women, blacks, and Indians. While there was some support among the male delegates for granting equal voting rights to Kansas women, the majority would not accept this "radical" idea, and suffrage was granted only to "every white male person, of twenty-one years and upward."
The Wyandotte Constitution did, however, grant some rights to women. Women gained the rights to own property and to participate in school district elections. The constitution also assured that the state would provide for women's equal rights "in the possession of their children."
The Wyandotte Constitution has been amended many times since its adoption, including a universal suffrage amendment in 1912. It is still the constitution of Kansas today.
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Frequently asked questions
The Wyandotte Constitution was not passed down at first due to resistance in the United States Senate. The bill passed back and forth between houses for nearly a year with strong resistance from Southern congressmen.
The election of Abraham Lincoln and the secession of several Southern states thinned the ranks of opposing Southern senators, reducing opposition to Kansas's admission.
The key issues addressed in the Wyandotte Constitution included the prohibition of slavery, the granting of limited suffrage to women, the rejection of universal suffrage for women, blacks, and Indians, and the affirmation of property rights for women.
