CHAPTER XI

THE PERIOD OF POLITICAL CONTESTS

=Beginning of the Political Period, 1857.= The Missourians had given

up hope of conquering Kansas by force. After the close of the period

of violence the contest became almost entirely a political struggle

between the proslavery and the free-state settlers, each side trying

to win Kansas by securing control of its government. The next few

years were filled with conventions, elections, and political schemes.

=Governor Geary Leaves the Territory.= The second Territorial

Legislature met at Lecompton in the opening days of 1857. Because of

Governor Geary’s efforts to be just to both sides, the Legislature did

everything possible to annoy and harass him. The free-state men

rallied to his support, but conditions soon became so intolerable that

one night in March, after having been in office about six months, he

made a hasty escape from Kansas. Governor Geary had found Kansas in a

deplorable condition and left it not greatly improved, but he had

attempted to do justice to all. His place was taken by Governor

Walker, who arrived in May.

=A Proslavery Constitution Prepared, 1857.= Up to this time the only

attempt to get Kansas admitted as a state was the effort of the

free-state men under the Topeka Constitution, but the proslavery

people had long been planning to draw up a constitution under which

they might secure the admission of Kansas as a slave state. The

Territorial Legislature provided for a constitutional convention,

which met at Lecompton in September, 1857, and prepared what was

called the Lecompton Constitution.

=The First Free-state Territorial Legislature.= Two important events

were to take place in the fall of 1857: the election of a new

Territorial Legislature, and the vote on the Lecompton Constitution.

When election day came, United States troops were stationed in the

different precincts to prevent illegal voting and invasions from

Missouri. Under Governor Walker’s promise of a fair election, both

parties voted for the first time since the fraudulent election in the

spring of 1855. The result was a free-state victory, and the first

time Kansas was to have a free-state Legislature. This result was not

achieved without many protests and threats from the proslavery people,

who now became afraid to submit their Lecompton Constitution to a

vote, for it was clear that the free-state people were largely in the

majority and would defeat it.

=Fear to Submit the Lecompton Constitution.= After a number of

meetings and debates among themselves, the proslavery people decided

to get around this difficulty by not submitting the Constitution at

all, but by offering instead these two statements to choose between:

“The Constitution with slavery,” or “The Constitution without

slavery.”

=Each Side Holds an Election.= This gave the free-state people no

chance to vote against the Constitution as a whole, and of course

their indignation was aroused. The election was held in December,

1857. The free-state men refused to vote, and after several meetings

and a special session of their new free-state Legislature the

free-state people appointed a day in January, 1858, for an election to

decide for or against the Constitution. This time the proslavery party

refused to vote. Thus each side held an election and carried its point

by a big majority.

=End of the Lecompton Constitution.= No attention was paid to the

defeat of the Constitution at the hands of the free-state people, and

it was sent to Congress. After a long discussion Congress attached a

number of conditions to the Constitution and sent it back to Kansas to

be voted on by all the people. Of the 13,000 votes cast at this

election, which was held August 2, 1858, more than 11,000 were against

it. This ended the second attempt to get Kansas admitted as a state.

=The Leavenworth Constitution, 1858.= While the Lecompton Constitution

was pending in Congress, the free-state people concluded that it was

time for them to try their hands at constitution making again. During

the winter and spring of 1858 they produced the Leavenworth

Constitution, but it was not favorably received by the people of

Kansas and was never voted on by either house of Congress.

=Trouble in Southeastern Kansas.= These events of Territorial history

occurred within a small area. With Lawrence as a center, a circle with

a radius of thirty miles would include virtually all of them. Another

part of Kansas, the southeastern, including what is now Miami, Linn

and Bourbon counties, came into prominence at this time and showed

that the period of bloodshed was not yet past. The southeastern part

of the Territory had been settled largely by proslavery people, but

gradually the Northerners began to come in. The proslavery people

frequently made raids on them, the free-state settlers retaliated, and

southern Kansas was soon in the midst of a guerrilla warfare. The

free-state people engaged in this warfare came to be known as

Jayhawkers.[14] Their leader was a man named James Montgomery.

=The Marais des Cygnes Massacre.= These conditions continued until in

the spring of 1858. While the Lecompton and Leavenworth constitutions

were being considered in the Territory, there occurred in Linn County

the Marais des Cygnes massacre, the most shocking and bloody event of

the whole Territorial period. A Southerner named Hamelton made up a

list of free-state men whom he planned to seize and execute. On May

19, almost two years to the day after the Pottawatomie massacre by

John Brown, Hamelton with a gang of Missourians captured eleven of the

free-state men, marched them to a near-by gulch, lined them up and

fired a volley. Five men were killed, five were wounded, and one

remained unharmed. This terrible deed created great excitement, and an

unsuccessful attempt was made to capture Hamelton and his men.[15]

=Order Restored.= Steps were taken to bring about a more settled

condition in southeastern Kansas. Though several other outrages took

place, none of them was so barbarous as the Marais des Cygnes

massacre, and order was gradually restored.

=Proslavery and Free-state Names Dropped.= During the trouble over the

Lecompton Constitution in the closing days of 1857 Governor Walker was

compelled to resign, and in the autumn of 1858 Governor Denver, who

succeeded him, voluntarily resigned. Although Denver was the fifth

Territorial Governor, he was the first one who had not been compelled

to give up his office. This was one of the indications that better

days were beginning in Kansas. Lawlessness was practically over. The

South was no longer hopeful of making Kansas a slave state. The

settlers dropped the terms proslavery and free-state, and identified

themselves with the National political parties.

=The Wyandotte Constitution, 1859.= In the summer of the next year,

1859, a fourth constitutional convention was held at Wyandotte. There

was less hard feeling now between the two factions, and the members of

this convention were from both political parties, Democrat and

Republican. It was generally conceded by this time that Kansas was to

be a free state, and the new Constitution contained the words, “There

shall be no slavery in this State; and no involuntary servitude,

except for crime, whereof the party shall have been duly convicted.”

This was called the Wyandotte Constitution, and when it was submitted

to the people in the fall a large majority of the votes were cast in

favor of it.

=Kansas Admitted to the Union, January 29, 1861.= But the question was

not yet settled, for Congress had to vote on the admission of Kansas

under the Wyandotte Constitution. These events took place in the

closing days of 1859, only a little more than a year before the

beginning of the Civil War. Relations between the North and the South

had become strained almost to the breaking point. The Congressmen from

the South had given up hope of making Kansas a slave state, but they

were certainly not anxious to admit it as a free state, and

consequently a year passed before the Wyandotte Constitution of Kansas

was acted upon. Finally, in January, 1861, some of the southern states

seceded from the Union and their representatives and senators withdrew

from Congress, leaving a free-state majority. The bill for the

admission of Kansas under the Wyandotte Constitution was at once

called up and passed. The next day it was signed by President

Buchanan, and on January 29, 1861, Kansas became a state.

=First State Officers.= In December, 1859, shortly after the people

had voted to adopt the Wyandotte Constitution, they held an election

to choose state officers to act whenever Kansas should be admitted to

the Union. For Governor they chose Dr. Charles Robinson, who had so

faithfully served the free-state cause throughout the long but

successful struggle. The first United States senators from Kansas were

two other well-known free-state men, James H. Lane and Samuel C.

Pomeroy. The Wyandotte Constitution designated Topeka as the temporary

capital. An election was held in November, 1861, for the purpose of

selecting a permanent capital. Topeka received 7996 votes, Lawrence

5291, and all other places 1184. Thus Topeka became the capital of

Kansas.

SUMMARY

The first two and a half years of the Territorial period

were spent in the warfare which was practically closed when

Governor Geary sent “the 2700” home. The last four months of

the two and a half years formed the “period of violence.”

The next three years were given to the political struggle

which ended with the adoption of the Wyandotte Constitution.

During the remaining year the people went about their work,

while this Constitution was pending in Congress. In 1857,

early in the political period, the free-state people

succeeded, for the first time, in electing the Legislature.

The proslavery people prepared the Lecompton Constitution,

but submitted to the people only two statements concerning

it. The free-state people refused to vote, but held another

election, at which the proslavery people refused to vote.

After the Lecompton Constitution was returned from Congress

it was voted on by both factions and defeated. In the

meantime the free-state people submitted the Leavenworth

Constitution, which was defeated. During the last six months

of the political period the Wyandotte Constitution was

prepared, adopted, and sent to Congress. This was in 1859.

More than a year passed before Congress acted on the matter;

then, January 29, 1861, Kansas became a state.

REFERENCES

Spring, Kansas.

Robinson, The Kansas Conflict.

Mrs. Robinson, Kansas――Its Interior and Exterior Life.

Holloway, History of Kansas.

Prentis, History of Kansas, pp. 107-143.

Muzzey, American History, pp. 379-412.

Andreas, History of Kansas, pp. 155-179.

Ingalls, Writings, pp. 443-465.

Historical Collections, vol. VI, p. 365; vol. VIII, pp. 331, 443;

vol. X, pp. 169, 216; vol. XI, p. 47; vol. XII, p. 331.

QUESTIONS

1. How long was Kansas a territory? Into what periods may this

time be divided?

2. Was Lecompton a proslavery or a free-state town? Of which

faction was the second Legislature? How did the Legislature

treat Governor Geary? Who succeeded him?

3. What was the result of the election for a third Territorial

Legislature?

4. When and by whom was the Lecompton Constitution made? Why was

it not submitted as a whole? What became of it?

5. Give an account of the Leavenworth Constitution.

6. Within about what area did all these events occur? Show this

on a map of Kansas.

7. Give an account of the troubles in southeastern Kansas. Who

were the Jayhawkers?

8. Give an account of the Marais des Cygnes massacre.

9. What were the conditions in Kansas by the opening of 1859?

10. What was the last constitution made in Kansas? When and by

whom was it made?

11. When was Kansas admitted to the Union?

12. Who was the first State Governor?

13. How was the State capital selected?

THE HOMES OF KANSAS

The cabin homes of Kansas!

How modestly they stood,

Along the sunny hillsides,

Or nestled in the wood.

They sheltered men and women,

Brave-hearted pioneers;

Each one became a landmark

Of Freedom’s trial years.

The sod-built homes of Kansas!

Though built of mother earth,

Within their walls so humble

Are souls of sterling worth.

Though poverty and struggle

May be the builder’s lot,

The sod house is a castle,

Where failure enters not.

The dugout homes of Kansas!

The lowliest of all,

They hold the homestead title

As firm as marble hall.

Those dwellers in the cavern,

Beneath the storms and snows,

Shall make the desert places

To blossom as the rose.

The splendid homes of Kansas!

How proudly now they stand

Amid the fields and orchards,

All o’er the smiling land.

They rose up where the cabins

Once marked the virgin soil,

And are the fitting emblems

Of patient years of toil.

God bless the homes of Kansas!

From poorest to the best;

The cabin of the border,

The sod house of the west;

The dugout, low and lonely,

The mansion, grand and great;

The hands that laid their hearthstones

Have built a mighty State.

――SOL MILLER.

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