Simone Lawson
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 bill passed back and forth between houses for nearly a year with strong resistance from Southern congressmen until the election of Abraham Lincoln, after which several Southern states thinned the ranks of the opposing Southern senators.
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What You'll Learn
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. The United States House of Representatives voted 134 to 73 to admit Kansas under the Wyandotte Constitution in April 1860. However, there was significant resistance in the United States Senate. This resistance was primarily due to the issue of slavery, which was a highly polarizing and contentious matter at the time.
The Wyandotte Constitution explicitly prohibited slavery, which was a threat to the interests of the slave-owning states. As a result, there was strong resistance from Southern congressmen and senators who sought to block Kansas's admission as a free state. The bill for Kansas's admission passed back and forth between the houses for nearly a year without resolution.
However, the election of Abraham Lincoln as president changed the political landscape. As 11 slave states seceded from the Union, their senators abandoned their seats, reducing opposition to Kansas's admission. On January 21, 1861, the Senate finally passed the Kansas bill, and Kansas was admitted to the Union as a free state on January 29, 1861, marking the end of a bitter conflict over slavery in the territory.
The resistance in the US Senate to the Wyandotte Constitution highlights the deep divisions within the United States on the issue of slavery in the lead-up to the Civil War. The admission of Kansas as a free state further tipped the balance of power in Congress, with a growing number of free states challenging the influence of the slave-owning states. This resistance and its eventual resolution through the secession of Southern senators underscore the intense political and ideological struggles that characterized the period.
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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 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 largest issue by far in territorial Kansas was whether slavery was to be permitted or prohibited. Aside from the moral question, which at the time was seen as a religious question, the admission of Kansas to the highly polarized Union would help either the pro- or anti-slavery faction in Congress. As a result of the controversy, there were sizeable pro- and anti-slavery factions in Kansas, and for several years, Kansas had two governments, in two different cities (Lecompton and Lawrence), with two constitutions, one pro- and one anti-slavery, each claiming to be the only legitimate government of the entire territory.
The Wyandotte Constitution 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 so that its western border did not extend as far as the Rocky Mountains, which was part of Kansas Territory and at the time was the height of the Pike's Peak Gold Rush. The three earlier constitutions had set the western border as the Rockies. The land that was given up became part of Colorado Territory.
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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Bitter partisan contest
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 convention drafting the Wyandotte Constitution was held 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.
The issue of slavery was the largest issue in territorial Kansas, with the admission of Kansas to the highly polarized Union helping either the pro- or anti-slavery faction in Congress. This resulted in sizeable pro- and anti-slavery factions in Kansas, with the former being more numerous. For several years, Kansas had two governments, in two different cities (Lecompton and Lawrence), with two constitutions, one pro- and one anti-slavery, each claiming to be the only legitimate government of the entire territory.
The Wyandotte Constitution expressly prohibited slavery, marking the end of the Free-State Party as its members joined the national Republicans. The majority of the convention's delegates were Republicans, with 35 out of 52 being Republicans and the remaining 17 being Democrats. The convention was notably absent of the leaders of both the Free-State and pro-slavery parties, as well as extremists on either side of the issue.
The Wyandotte Constitution also addressed other controversial issues, such as women's rights and state boundaries. Women gained the rights to own property and participate in school district elections, and the constitution assured that the state would provide for women's equal rights in the possession of their children. The western boundary of the state was reduced, giving up land that became part of Colorado Territory.
The proposed constitution was prepared and sent to the President of the United States in October 1859, but it took nearly a year to pass both houses of Congress due to strong resistance from Southern congressmen and senators. The election of Abraham Lincoln and the secession of several Southern states eventually decreased opposition to Kansas's admission, and the bill was signed by President James Buchanan on January 29, 1861, admitting Kansas to the Union as a free state.
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Southern congressmen resistance
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 in territorial Kansas at the time was whether slavery was to be permitted or prohibited. This was seen as a religious question, and the admission of Kansas to the highly polarized Union would help either the pro- or anti-slavery faction in Congress.
Southern congressmen resisted the Wyandotte Constitution for nearly a year. The bill passed back and forth between houses until the election of Abraham Lincoln, when several Southern states seceded, thinning the ranks of opposing Southern senators. The Wyandotte Constitution prohibited slavery and, by mid-1859, most pro-slavery settlers had been driven out or outnumbered, and the success of the Free-State Party made the prohibition of slavery a reality.
The Southern congressmen's resistance to the Wyandotte Constitution was likely due to the fact that it threatened the institution of slavery, which was deeply entrenched in the Southern economy and society. The Constitution also granted a homestead exemption to protect settlers from bankruptcy and offered limited suffrage to women, which may have been seen as a threat to traditional gender roles.
Another issue that Southern congressmen may have resisted was the question of state boundaries. The original western border of Kansas extended as far west as the Continental Divide and included the Pikes Peak gold fields. This huge territory was seen as a disadvantage by many delegates, and the western boundary was eventually moved east to the 25th meridian. This reduction in the size of the state may have been opposed by Southern congressmen who wanted to maintain as much power and influence as possible.
The Southern congressmen's resistance to the Wyandotte Constitution was a significant obstacle to its passage. However, with the election of Abraham Lincoln and the secession of several Southern states, the opposition decreased, and the bill was finally passed by both houses of Congress on January 21, 1861, and signed by President Buchanan on January 29, 1861.
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Amendments since adoption
The Wyandotte Constitution was approved in a referendum on October 4, 1859, by a vote of 10,421 to 5,530. However, it faced resistance in the United States Senate, and it was only after the secession of several Southern states and the election of Abraham Lincoln that the bill finally passed both houses of Congress on January 21, 1861. The bill was then signed by President James Buchanan on January 29, 1861, admitting Kansas as a free state and marking the end of a bitter conflict over slavery in the territory.
Since its adoption, the Wyandotte Constitution has been amended many times. One significant amendment came in 1912, when a universal suffrage amendment was passed. This addressed the issue of suffrage that had been left to the state legislature by the original constitution, which had stopped short of universal suffrage by granting only white men over the age of 21 the right to vote, excluding American Indians, African Americans, and women (except in school board elections). The 1912 amendment extended voting rights to these previously excluded groups.
Another important amendment addressed the issue of women's rights. While the original Wyandotte Constitution granted women property rights and the right to vote in school board elections, it fell short of providing universal suffrage. Clarina Nichols, a social activist, and editor of an abolitionist newspaper, addressed the convention and advocated for women's rights. As a result of her efforts, the constitution was amended to include provisions assuring that the state would provide for women's equal rights, including the possession of their children and the right to participate in school district elections.
The constitution has also been amended to address issues of statehood and boundaries. The original Wyandotte Constitution was the fourth and final proposed Kansas constitution, following the failed attempts of the Topeka, Lecompton, and Leavenworth conventions to create a constitution that would pass Congress. The western boundary of Kansas was a particularly contentious issue, with earlier constitutions extending it as far as the Rocky Mountains, which included the Pike's Peak Gold Rush territory. The Wyandotte Constitution dramatically reduced the size of the state by fixing the western boundary at the 25th meridian, with the land given up becoming part of Colorado Territory.
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Frequently asked questions
The Wyandotte Constitution was not passed at first due to strong resistance from Southern congressmen and senators.
The main issue with the Wyandotte Constitution was the question of whether slavery should be permitted or prohibited in the state of Kansas.
The Wyandotte Constitution explicitly prohibited slavery, marking the end of five years of bitter conflict over slavery in Kansas Territory.
The Wyandotte Constitution also addressed women's rights, granting them the right to own property and participate in school district elections, as well as assuring equal rights in the possession of their children.
The Wyandotte Constitution was finally passed on January 29, 1861, when it was signed by President James Buchanan, making Kansas the 34th state.
