Omar Bennett
The Lecompton Constitution was the second of four proposed state constitutions of Kansas. It was drafted in 1857 by pro-slavery advocates and included provisions to protect slavery in the state and to exclude free people of colour from its bill of rights. The document was written in response to the anti-slavery position of the 1855 Topeka Constitution and other free-state advocates. The Lecompton Constitution 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 by pro-slavery groups to influence the outcome. Despite this, President James Buchanan endorsed the Lecompton Constitution before Congress, causing outrage among Northern Democrats and further dividing the Democratic Party.
| Characteristics | Values |
|---|---|
| Reason for drafting | To protect the institution of slavery and the rights of slave owners |
| Voting irregularities | Voter fraud, voter intimidation, violence, and coercion |
| Lack of popular sovereignty | Voters were not given the option to reject the constitution entirely |
| Section 1 | "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 inviolable as the right of the owner of any property whatever." |
| Article 7 | Protected the right to enslaved "property" |
| Section 16 | "This Constitution shall take effect and be in force from and after its ratification by the people as hereinbefore provided." |
| Section 3 | "The Governor shall be at least thirty years of age, shall have been a citizen of the United States for twenty years, shall have resided in this State at least five years next preceding the day of his election, or from the time of the formation of this Constitution, and shall not be capable of holding the office more than four years in any term of six years." |
| Section 4 | "He shall, at stated terms, receive for his services a compensation which shall be fixed by law, and shall not be increased or diminished during the term for which he shall be elected." |
| Section 5 | "He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States." |
| Section 6 | "He may require information in writing from officers in the Executive Department, on any subject relating to the duties of their respective offices." |
| Support | Endorsed by President James Buchanan and Southern Democrats |
| Opposition | Northern Democrats, led by Stephen A. Douglas, sided with the Republicans |
| Outcome | Overwhelmingly rejected by Kansas voters in January 1858 |
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What You'll Learn
Widespread electoral fraud
The Lecompton Constitution was the second of four proposed state constitutions of Kansas. It was drafted in the city of Lecompton, Kansas, in 1857, and was strongly pro-slavery. The document was written in response to the anti-slavery position of the 1855 Topeka Constitution.
The Lecompton Constitution was drafted by pro-slavery advocates and included provisions to protect slavery in the state and exclude free black people. It prevented the legislature from emancipating enslaved people without their enslavers' consent and full compensation.
The Lecompton Constitution was approved in a rigged election in December 1857, but this was met with widespread boycotts and 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 highlighted the irregular and fraudulent voting practices that had marked earlier efforts.
The Lecompton Constitution was drafted by a territorial legislature that, because of widespread electoral fraud, mainly consisted of enslavers. Free-state supporters, who comprised most actual settlers, boycotted the vote. The pro-slavery delegates dominated the constitutional convention, and the document passed easily.
The fraudulent voting practices that enabled the Lecompton Constitution included voter intimidation carried out by pro-slavery Missourians, as well as violence and coercion inside voting booths. Over half of the 6,000 votes were deemed fraudulent. Despite this, President James Buchanan endorsed the Lecompton Constitution before Congress, alienating many Democrats, including Stephen A. Douglas, who felt it violated popular sovereignty.
Kansas voters overwhelmingly rejected the Lecompton Constitution in a referendum on January 4, 1858, by a vote of 10,226 to 138. The admission of Kansas with the Lecompton Constitution was rejected by the U.S. House of Representatives in 1858.
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Free-state supporters boycotted the vote
The Lecompton Constitution was drafted by pro-slavery advocates and included provisions to protect slavery in the state of Kansas and to exclude free people of colour from its bill of rights. It was strongly pro-slavery and never went into effect.
The Lecompton Constitution was the second of four proposed state constitutions of Kansas. It was drafted in the city of Lecompton, Kansas, in response to the anti-slavery position of the 1855 Topeka Constitution. The territorial legislature, which mainly consisted of enslavers due to widespread electoral fraud, met at Lecompton in September 1857 to produce a rival document.
The vote on the Lecompton Constitution did not represent true popular sovereignty as voters were not given the option to reject the constitution entirely—the true anti-slavery option. Instead, the ballot was boiled down to a single issue, expressed as "Constitution with Slavery" vs. "Constitution with no Slavery". However, the ""Constitution with no Slavery" clause would not have made Kansas a free state; it merely would have banned the future importation of enslaved people into Kansas. This was something deemed unenforceable, and so the referendum was boycotted by free-soilers.
Despite the boycott, the referendum suffered serious voting irregularities, with over half of the 6,000 votes deemed fraudulent. Nevertheless, the Lecompton Constitution was sent to Washington for approval by Congress. On January 4, 1858, Kansas voters overwhelmingly rejected the constitution by a vote of 10,226 to 138.
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It protected the rights of slave owners
The Lecompton Constitution was drafted by pro-slavery advocates and included provisions to protect slavery in the state of Kansas. It was designed to refute the anti-slavery position of the 1855 Topeka Constitution. The document enshrined slavery and protected the rights of slave owners. It stated that the right of a slave owner to their slave was "the same and as inviolable as the right of the owner of any property whatever". It also prevented the legislature from emancipating enslaved people without their enslavers' consent and full compensation.
The Lecompton Constitution was drafted in the city of Lecompton, Kansas, in 1857. It was the second of four proposed state constitutions of Kansas. The delegates intended to protect the institution of slavery. The document permitted slavery and excluded free blacks from living in Kansas, as well as from its bill of rights. It also prohibited any amendment to the constitution for a period of seven years. The Lecompton Constitution was passed by a rigged election in December 1857, but it was overwhelmingly defeated in a second vote in January 1858 by a majority of voters in the Kansas Territory.
The Lecompton Constitution was supported by President James Buchanan, a pro-Southern Democrat. Buchanan endorsed the document before Congress, arguing that it was necessary to prevent Southern secession and preserve the Union. However, his support for the constitution alienated many Democrats, particularly Northern Democrats, who felt it violated popular sovereignty. The mounting division among Democrats allowed the Free-State supporters in Kansas, with the support of the budding Republican Party, to expose the voter fraud behind Lecompton and force a new referendum.
In the next round of voting, on January 4, 1858, Kansas voters rejected the Lecompton Constitution by a vote of 10,226 to 138. This decisive margin suggested that Free-State supporters overwhelmingly outnumbered the pro-slavery element, and that Lecompton’s previous popularity at the polls was due to fraudulent voting practices. Despite the rejection of the Lecompton Constitution, Kansas was admitted to the Union as a free state, highlighting the irregular and fraudulent voting practices that had marked earlier efforts.
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It excluded free Black people from Kansas
The Lecompton Constitution was drafted in 1857 by pro-slavery advocates and included provisions to protect slavery in the state of Kansas and to exclude free people of colour from its bill of rights. The bill of rights specifically excluded free black people from entering the state of Kansas. This was part of a broader effort to protect the institution of slavery and the rights of slave owners. The document was written in response to the anti-slavery position of the 1855 Topeka Constitution, which would have effectively banned slavery in Kansas.
The Lecompton Constitution was the second of four proposed constitutions for Kansas. It was drafted in the city of Lecompton, Kansas, and was strongly pro-slavery. The delegates to the convention that drafted the constitution intended to protect the institution of slavery and the rights of slave owners. The constitution included a provision that prohibited any amendment to the constitution for a period of seven years. This meant that even if slavery were to be abolished at the federal level during those seven years, it would still be protected in Kansas.
The Lecompton Constitution was rejected by the voters of Kansas in a referendum held on January 4, 1858, by a vote of 10,226 to 138. The referendum offered voters two options: "Constitution with Slavery" and "Constitution with no Slavery". However, the ""Constitution with no Slavery" option would not have made Kansas a free state; it would merely have banned the future importation of enslaved people into Kansas. This was seen as unenforceable, and the referendum was boycotted by those who supported the abolition of slavery.
The rejection of the Lecompton Constitution highlighted the irregular and fraudulent voting practices that had marked earlier efforts by pro-slavery advocates. There were three separate votes on the Lecompton Constitution: December 21, 1857, January 4, 1858, and August 2, 1858. In the final vote, residents of Kansas Territory rejected the constitution, and Kansas was admitted to the Union as a free state. The Lecompton Constitution was also opposed by some politicians, including Robert J. Walker, who was appointed by President James Buchanan as the territorial governor of Kansas. Walker, although a strong defender of slavery, opposed the blatant injustice of the constitution and resigned rather than implement it.
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It lacked true popular sovereignty
The Lecompton Constitution was drafted in 1857 by pro-slavery advocates and included provisions to protect slavery in the state of Kansas and to exclude free people of colour from its bill of rights. It was strongly pro-slavery and never went into effect. It was drafted in response to the anti-slavery position of the 1855 Topeka Constitution of James H. Lane and other free-state advocates.
The Lecompton Constitution lacked true popular sovereignty because voters were not given the option to reject the constitution entirely—the true anti-slavery option. Free-state supporters boycotted the vote. The referendum suffered serious voting irregularities, with over half of the 6,000 votes deemed fraudulent.
The Lecompton Constitution was the second of four proposed state constitutions of Kansas. It prohibited any amendment for a period of seven years and required governors to be citizens for at least 20 years. It also prohibited free blacks from entering the state and guaranteed slaveholders their property rights for the approximately 200 slaves and their descendants currently residing in the territory.
The Lecompton Constitution was overwhelmingly rejected by Kansas voters in a referendum on January 4, 1858, by a vote of 10,226 to 138. It was also rejected by the U.S. House of Representatives in 1858. The debate over the proposed constitution ripped apart the Democratic Party, with many Northern Democrats, led by Stephen A. Douglas, siding with the Republicans in opposition to the constitution.
The lack of true popular sovereignty in the Lecompton Constitution was a major factor in its rejection by Kansas voters and the subsequent split in the Democratic Party. It highlighted the irregular and fraudulent voting practices that had marked earlier efforts by pro-slavery advocates. The constitution's failure to represent the will of the people of Kansas ultimately led to its defeat and the admission of Kansas to the Union as a free state.
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Frequently asked questions
The Lecompton Constitution was the second of four proposed state constitutions of Kansas. It was drafted in 1857 and was strongly pro-slavery.
The Lecompton Constitution was seen as invalid due to the fraudulent voting practices that enabled it. Free-state supporters boycotted the vote, and there were also instances of voter intimidation carried out by pro-slavery Missourians.
The Lecompton Constitution was overwhelmingly rejected by Kansas voters in a referendum on January 4, 1858, by a vote of 10,226 to 138. Kansas was subsequently admitted to the Union as a free state.
