USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 36
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Senator Douglas, after some hesitaney, took a definite stand in oppo- sition to this bill, but it was passed by a close vote in each house of Con- gress. This aet has been ealled the "English Swindle," and "Lecompton, Junior." It has been spoken of as "a bribe and a threat." A modern historian of good repute states that: "The measure offered Kansas a large grant of government lands, and provided that the proposition should be voted on by the people of Kansas. If a majority voted for aeeeptanee, Kansas should be admitted into the Union under the Lecomp- ton constitution by proelamation of the President. If the people rejected the offer, then the territory could not be admitted as a State until its population reached the number required for a representative. It was in effect a bribe of land to induee the people to accept the Lecompton Constitution."
The time has come when the simple truth with regard to this much maligned English bill should be fairly stated. By this act Congress did submit the Lecompton constitution to the people of Kansas for a fair vote. At the same time it proposed a new land ordinanee. These two propositions were inseparably combined, the ballots reading either "For proposition of Congress and admission," or, "Against proposition of Congress and admission." This English bill also provided the only enabling aet that Kansas ever had. This is the part that has been referred to as "a threat." It was eonehed in the following language, "Should the majority of votes be east for 'proposition rejected,' it shall be deemed and held that the people of Kansas do not desire admission into the Union with said Constitution, under the conditions set forth in said proposition; and in that event the people of said Territory are hereby authorized and empowered to form for themselves a Constitution and State Government, by the name of the State of Kansas, aeeording to the Federal Constitution, and may elect delegates for that purpose whenever, and not before, it is ascertained, by a eensus duly and legally taken, that the population of said Territory equals the ratio of representation required for a Member of the House of Representatives of the United States." It is not elear that a territory which has a smaller population
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than that required for each representative in the National Congress should be admitted to statehood with two senators and one representa- tive without some very unusual excuse. As a matter of fact, the con- gressional ratio at this time was 93,243, and in less than two years the population of Kansas was 107,206. Therefore, the "threat" as to popu- lation contained in the English bill was not very serious. It must be remembered that the question of slavery or freedom in Kansas had by this time been decided in favor of freedom. It was now a question whether Kansas should remain a territory till she had the population usually and fairly required for statehood.
As to the charge of bribery in the proposed land ordinance, a rather full statement, with some comparisons, should be carefully made and considered before judgment is passed. As a matter of fact, the land provisions in the English bill are essentially identical with the provisions of the act under which Kansas was finally admitted to the Union, the one being phrased throughout in almost the identical words of the other. In each of them, Kansas was to be given "sections numbered sixteen and thirty-six in every township of public lands in the State for the use of schools," "seventy-two sections of land for a State University," "ten sections for public buildings," "all salt springs within the said State, not exceeding twelve in number, with six sections of land adjoining or as continguous as may be to each," [granted to the state, "for its use"], and five per cent of public lands lying within the state, sold by Congress, "shall be paid to the State for the purpose of making public roads and internal improvements, [here the act admitting Kansas in 1861 added the clause "or for other purposes,"] as the Legislature shall direct." The Lecompton convention had asked for the seventy-two sections for the state university, as granted in the English bill. It had asked for the five per cent from the sale of publie lands, but had specified that two-thirds of the sum should be devoted to aiding in the building of railroads within the state and the "residue for the support of common schools." The convention had asked for "all valuable mines, together with all the lands necessary to their full occupation and use," in addition to the salt springs and adjoining lands. The latter only were to be granted under the English bill. It had asked for sections eight, sixteen, twenty-four, and thirty-six for common schools. The English bill reduced this by one-half. Finally, the said Lecompton convention had asked "That each alternate section of land now owned, or which may hereafter be acquired by the United States, for twelve miles on each side of a railroad to be established or located from some point on the northern boundary of the State, leading southerly through said State in the direction of the Gulf of Mexico, and on each side of a railroad to be located and established from some point on the Missouri river westwardly through said State in the direction of the Pacific ocean, shall be reserved and conveyed to said State of Kansas for the purpose af aiding in the construction of said railroad." Note that the English "bribe" did not grant any of this. The fact is that the English bill greatly reduced the amount of land asked for by the Lecompton convention, and offered
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Kansas just what she finally received, when admitted to the Union in 1861.
The one item contained in the English bill that had not been asked for by the Lecompton convention was the ten sections of land for public buildings. In this connection it may be noted that the Wyandotte convention asked for thirty-six sections for public buildings, and that the state actually received ten sections for this purpose.
The vote under the English bill was taken in Kansas on August 2, 1858. At this election, 11,300 votes were cast "Against proposition of Congress and admission," and only 1,788 "For proposition of Congress and admission." Thus ended the attempt to force the Lecompton con- stitution on the people of Kansas contrary to their wish and conviction. This vote "effectually determined that slavery should not exist in Kansas." In fact, it practically determined that slavery should not exist even in the Territory of Kansas, for according to the census of 1860 there were only two slaves in the territory by that date.
Professor John W. Burgess, in a closing paragraph of his scholarly work, The Middle Period, referring to this Kansas struggle, says: "With the rejection of the Lecompton constitution by the people of Kansas, on August 2nd, the struggle for Kansas was closed. It was to be a non-slaveholding Commonwealth and a Republican Commonwealth. The record of this struggle is certainly one of the most remarkable chapters in the history of the United States. The prudence, moderation, tact and bravery of Dr. Robinson and his friends have rarely been excelled by the statesmen and diplomats of the New World or the Old."
While the Lecompton movement was still in progress, the new free- state Kansas legislature, which had convened at Lecompton January 4, 1858, and had promptly adjourned to Lawrence, passed an act on February 10th calling a third constitutional convention for Kansas. The election for delegates was held March 9th, and the convention assem- bled at Minneola, in Franklin County, March 23rd. It soon adjourned to Leavenworth, where it prepared a free-state constitution, which was submitted to the people on May 18th, and received about 3,000 votes in its favor. It was sent to Congress, but never voted on by cither house.
The fourth, and last, convention to frame a constitution for Kansas assembled at Wyandotte July 5, 1859. Governor Medary had, on March 7th, issued a proclamation, calling an election "for or against holding a constitutional convention." The vote on this question, taken March 28th, resulted in a total of 5,306 for a constitution and 1,425 against a constitution. At the election for delegates to this convention, held June 7th, thirty-five Republican and seventeen Democratic delegates were chosen. Not a single member of this convention was born in Missouri, but fourteen of them were born in Ohio. The constitution prepared by this body was modeled closely after that of Ohio. In the election held October 4, 1859, there were 10,421 votes cast for this constitution, and 5,530 against it.
An examination of the census of 1860 reveals some interesting facts
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concerning the population of Kansas at this date. Out of a total popula- tion of 107,206, we find that while 65,914 were born in free states, only 27,368 were born in slave states, and that 12,691 were foreign born. There were at this time 625 free colored people and two slaves in the territory. An examination of the states whence these Kansans came reveals the fact that 11,356 came from Missouri, and 6,556 from Ken- tucky, while 11,617 came from Ohio, 6,463 from Pennsylvania, 9,945 from Indiana, 9,367 from Illinois, 6,331 from New York, and 3,208 from all New England.
It will be recalled that the split in the Democratic party, caused largely by the breach between Douglas and Buchanan over the Lecomp- ton movement, resulted in victory for the new Republican party in the election of Lincoln to the presidency in 1860, which, in turn, precipitated secession and the Civil War. Now, the Wyandotte constitution, though promptly sent to Congress, and accepted by the House of Representatives, could not secure passage through the United States Senate until, on the 21st of January, when Jefferson Davis and other Southern senators withdrew from the Senate to go with their seceding states out of the Union. On this day, William H. Seward called up in the Senate the bill for the admission of Kansas, and it was promptly passed. It was then re-passed by the House of Representatives, which had already passed it in the preceding Congress. The bill was signed by President Buchanan on January 29th, 1861, thus finally admitting the State of Kansas "to the stars," though it had been "through difficulties." Dr. Charles Robinson was inaugurated as governor of the new state on February 9, 1861. On this same day Jefferson Davis was elected pres- ident of the Confederate States of America by the Montgomery conven- tion. Thus verily the war begun in Kansas was extended to the whole nation. In this war, Kansas, in turn, did her full share.
KANSAS LAWS AND THEIR ORIGIN
BY IION. ROBERT STONE, OF THE TOPEKA BAR
The beginnings of a government are an interesting study. The story of Kansas and her constitutions is a novel that grips and holds you to the end. You see the dusty throngs gathering to hear Lincoln and Douglas debate squatter sovereignty. You hear the whispered conspiracy of the Washington politicians planning the betrayal of Kansas and Nebraska. You hear the stentorian challenge of Seward when the bill is passed in the Senate.
Then the friends of freedom step upon the stage and the pioneers of New England mingle with those of New York, Pennsylvania, Ohio, Indi- ana and Illinois, crowding the trains and steamboats and filling the dusty highways with prairie schooners on their way to Kansas. Other settlers arrive from south of the Mason and Dixon line. Every town and village along the eastern border of the territory becomes a wayside stopping place for all sorts and conditions of men on their way to Kansas. Some come to make homes; otbers to seek adventure; all contribute in one way or
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another to the pioneer life and activity of the new country. Tents are pitched, log cabins and sod houses are built; fields are broken and planted; towns are platted ; conventions are held. A new state is break- ing into history.
Before the final admission of Kansas into the Union four constitu- tions were drafted and submitted to its voters.
The Topeka Constitution, drawn in 1855, was the palladium of free government around which the free-state men rallied for three years of bloody contest. It was christened their "Blood Stained Banner."
The Lecompton Constitution, drawn in 1857, was the instrument by which the pro-slavery advocates intended to permanently fasten slavery upon the real settlers of Kansas. It proved to be a rock on which the democratic party was split asunder and the election of Lincoln made possible.
The Leavenworth Constitution, drawn in 1858, was used as a counter to prevent the passage of the Lecompton Constitution. Its purpose was accomplished when the latter was defeated.
The Wyandotte Constitution, drawn in 1859, is the beneficent instru- ment under which Kansas was admitted and its people have enjoyed such happiness and prosperity.
From these fundamental instruments Kansas drew her laws. Upon them she founded her institutions. We shall see how these constitutions were made, and which were pregnant with principles of liberty and progress, and which reactionary with a tendency to barbarism. We shall see, too, with what discrimination Kansas rejected the bad even to the bloody issue, and how she chose the living principles which make for progress and liberty and freedom always.
At this writing, June 30, 1917, when the blood of all nations is mingled on the fields of France to drown the hydra-heads of tyranny, the struggle of bleeding Kansas for freedom seems small. But it was the same issue between tyranny and liberty ; between force and law; between truth and error. To each individual involved the decision was just as important as to the individuals in the larger struggle of today. It orig- inated in a conflict between slavery and anti-slavery. But that struggle was soon merged into the larger one of self government by the real set- tlers of Kansas. The Kansas-Nebraska Bill was signed by President Pierce May 30, 1854, and contained the provision, "When admitted as a state or states the said territory or any portion of the same shall be received into the Union with or without slavery as their constitution may prescribe at the time of their admission." This provision was supposed to give to the bona fide settlers of each of these states the right to deter- mine by the adoption of a constitution whether that state should be free or slave, and the right so given was called "squatter sovereignty." After the passage of the act it was claimed, however, that there was a tacit un- derstanding that Nebraska was to be admitted as a free state and Kansas as a slave state. The North refused to recognize any such secret agree- ment, and not only came as individuals to make Kansas free but organized emigrant aid societies for that purpose. The South claimed that this
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was a repudiation of an agreement, and felt justified in using every means, including fraud and violence, to accomplish the enslavement of Kansas.
The act itself made the whole contest center about the form of the constitution to be adopted, and the form of the constitution, of course, would depend upon the results of the election of delegates to a con- stitutional convention. The first election held in the territory was for a delegate to Congress, November 29, 1854. The pro-slavery candidate, Whitfield, received 2,258 out of 2,905 votes cast, but in precinets giving him the largest majority his vote alone was greater than the number of voters in the respective precincts as shown by the census taken shortly thereafter. For instance, at Doctor Chapman's he received 140 votes while the census gave only 40 voters. At "110" he received 597, where the census gave only 53. At Marysville he received 237, where the census gave only 24 voters. He was, however, declared by the governor to be legally elected and received his certificate.
The next election was to choose members of the first Territorial Legis- lature and was held. March 30, 1855. This election was of prime impor- tance because it was supposed that the Legislature would provide for the holding of a constitutional convention and prescribe rules for the election of delegates thereto. Nearly 1,000 Missourians came over to Lawrence to vote. They were fully armed and brought two cannon loaded with musket balls. They voted, as did other invaders, at most of the election polling places. The result was that the pro-slavery votes cast showed 5,427 as against 791, although the census taken in January and February showed a voting population of only 2,905.
Lawrence was founded by New England emigrants, who were all free-state men and yet the pro-slavery candidate, according to returns, received at that precinct 781 votes. Governor Reeder, who was sent to the territory as friendly to the pro-slavery interests, was so outraged at the fraud that he declared the election in this district void for irregu- larities and called a new election therein. But when the Legislature met in July it promptly seated the discredited candidate and petitioned the President to remove Reeder as governor. Their petition was granted by the President. The free-state men were put in a difficult situation. The Federal Government had shown its bias in the controversy by remov- ing Governor Reeder because he protested against fraud at the election, though another matter was given as the cause. The bogus Legislature had its credentials. If this Legislature should call a constitutional con- vention it would undoubtedly so control the election that no one but pro- slavery men could be delegates to the convention. If such an election were called the free-state men must then determine whether they would refuse to recognize any act of the bogus Legislature and refuse to par- ticipate in the election or take part in the election and seek seats in the constitutional convention. If they chose the former course they would be charged with allowing the contest to go by default. If they chose the latter they would stultify themselves by recognizing the fraudulent Legislature and would be almost certain of defeat by fraud or violence,
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in which event there was little prospect that they could obtain any relief by appeal to the National Government. Some definite decision must be reached. To determine on a definite policy a series of conferences or conventions was held. A free-state convention was held at Lawrence on June Sth. It adopted among others the following resolution :
"In reply to the threats of war so frequently made in our neighbor- ing state our answer is 'we are ready.' "
On June 27th, the national democracy held a convention at Lawrence, which endorsed the democratic platform of 1853, but kindly requested the citizens of adjoining states to let them alone and resolved that they could not permit "the purity of the ballot box to be polluted by out- siders or illegal voting from any quarter." James H. Lane, who was then a democrat, was chairman of this convention.
On August 14th and 15th the first convention of free-state men, made up from various political parties, was held at Lawrence. This was pre- sided over by Philip C. Schuyler and was attended by members of all parties. Charles Robinson, afterwards governor, reported the resolutions and James H. Lane took an active part in the meeting.
The convention adopted the following resolution which was the inception of the Topeka Constitution :
"Whereas, the people of Kansas have been, since its settlement, and now are, without any law-making power; therefore be it
"Resolved, That we, the people of Kansas Territory, in mass meet- ing assembled, irrespective of party distinctions, influenced by common necessity, and greatly desirous of promoting the common good, do hereby call upon and request all bona fide citizens of Kansas Territory, of what- ever political views and predilections, to consult together in their respec- tive election distriets, and, in mass convention or otherwise, elect three delegates for each Representative to which said election district is en- titled in the House of Representatives of the Legislative Assembly, by proclamation of Governor Reeder of date 19th of March, 1855; said delegates to assemble in convention, at the town of Topeka, on the 19th day of September, 1855, then and there to consider and determine upon all subjects of public interest, and particularly upon that having refer- ence to the speedy formation of a State Constitution, with an intention of an immediate application to be admitted as a State into the Union of the United States of America."
This was the beginning of what was afterwards known as the Topeka Movement. It resulted in the submission of the Topeka Constitution, the election of officers and a Legislature thereunder, the dispersion of the Legislature at the mouth of the cannon by Federal troops, and the arrest and imprisonment of sixteen of the promoters on the charge of treason. They did not wait for the bogus Legislature to tender the issue. That Legislature in the meantime had met on July 2, 1855, and passed a long list of laws, many of which were aimed to perpetuate the institution of slavery, and also to make permanent the control of the affairs of the terri- tory by the pro-slavery adherents. It was a felony for any person to speak, write, maintain or circulate any writing in the territory denying
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the right of persons to hold slaves in the territory. Any person con- scientiously opposed to the holding of slaves was disqualified from sitting as a juror in any cause involving the protection of slave property, or the punishment for crimes committed against that property. Every member of succeeding Legislatures, judge of election, and voter in the territory "must swear to his faithfulness on the test-questions of slav- ery." These acts of the Legislature only strengthened the position of the free-state men. It brought to their standard not only every abolition- ist and every free-state man, but many democrats like Lane, who were not particularly opposed to slavery but wanted to see fair play and self-government, and many southern men who had no interest in slavery. There were others who disliked the negro and wanted to exclude him, free or slave, from the state. All these were drawn together in one common issue which was no longer slavery or anti-slavery but resistance to outside interference.
On September 5, 1855, at Big Springs, a larger convention was held at which the free-state party was formally organized and adopted its platform. In this platform members of all parties joined, setting aside minor issues of partisan polities for the time being in order that they might achieve political freedom, vindicate their right of self-government and become an independent state of the Union, resolving that when these things were accomplished it would be "time enough to divide our organi- zatiou by these tests" of party fealty. The resolution on one hand denonneed slavery as a curse to the master and the community and on the other declared "that the stale and ridiculous charge of Abolitionism, so industriously imputed to the Free-State party, and so persistently adhered to in spite of all the evidence to the contrary, is without a shadow of truth to support it," and pledged the people to "discoun- tenance and denounce any attempt to encroach upon the constitutional rights of the people of the state, or to interfere with their slaves; con- ceding to their citizens the right to regulate their own institutions, and to hold and recover their slaves without any molestation or obstruction from the people of Kansas." This provision and a further one "that the best interests of Kansas require a population of free white men, and that in the organization we are in favor of stringent laws excluding all negroes, bond or free, from the territory" were largely a concession to the personal wishes of James H. Lane. Governor Reeder who had shortly before been removed by President Pierce was a member of the convention and wrote a number of resolutions which were adopted, denouncing citizens of neighboring states controlling the election and pledging resistance by every peaceable and legal means and if necessary "'to a bloody issue."
The call for the Topeka convention was also endorsed.
TOPEKA CONVENTION
Pursuant to call the convention met at Topeka on September 19, 1855, and called an election of delegates to a constitutional convention
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to be held at Topeka on October 23, 1855. The election was held Octo- ber 19, 1855, and a full list of forty-seven delegates was elected. The pro-slavery people did not participate in the election. The breach was too wide between the parties. And they contended a constitutional con- vention could be called only by the Legislature. They ridiculed the whole movement. The free-state men on the other hand contended that a constitution might be drafted by any convention however informally called; that the vital question was its ultimate adoption or rejection by the legal voters at an election held for that purpose. To support their contention they had the precedent of California, whose constitution was drafted by a convention held under a popular call.
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