NARRATOR: KANSAS BECAME A TERRITORY IN 1854. AND IT TOOK SEVEN YEARS AND FOUR CONSTITUTIONAL CONVENTIONS FOR IT TO BECOME A STATE. THE ISSUES OF SLAVERY AND POPULAR SOVEREIGNTY HAD FOCUSED NATIONAL ATTENTION ON KANSAS TERRITORY. PUTTING ADDITIONAL PRESSURE ON DELEGATES TO PRODUCE A CONSTITUTION THAT THE MAJORITY OF KANSANS, AND THE UNITED STATES CONGRESS WOULD SUPPORT.
Watt: Well, there were all sorts of pressures. I think they started with the concept of popular sovereignty itself which Stephen Douglas was the most famous proponent of. Of course, according to popular sovereignty, the slavery question would not be settled in congress. Because the feeling was that congress was so divided that it could never make that decision. So the decision was to be made at the local level. The normal procedure was whenever the local people felt they were ready, they could, the legislature could call a constitutional convention. That convention would meet and write up a constitution. Then submit it to the people for their approval. Then if they approved it, it would go on to the US congress for their approval. If it got past the congress, at whatever point it stipulated, the territory would become a state.
NARRATOR: THE FIRST ATTEMPT TO ESTABLISH A CONSTITUTION IN KANSAS TERRITORY WAS THE TOPEKA CONVENTION IN 1855. BUT IT WAS ORGANIZED BY THE FREE-STATE PARTY, NOT THE PRO-SLAVERY TERRITORIAL LEGISLATURE. THE LEGISLATORS NOT ONLY REFUSED TO PARTICIPATE, BUT CONSIDERED THE CONVENTION TO BE ILLEGAL. IN FACT, PRO-SLAVERY DEMOCRATS BEGAN CALLING THEMSELVES THE "LAW AND ORDER PARTY" AS A RESULT OF THE TOPEKA CONVENTION. THE FREE-STATERS, ON THE OTHER HAND, JUSTIFIED THEIR ACTIONS, CLAIMING THAT THE LEGISLATIVE ELECTIONS HAD BEEN FRAUDULENT.
Watt: So they withdrew and set up their own political organization and through a series of preliminary conventions, put together the Topeka Convention. Wrote a constitution that prohibited slavery in Kansas. Put it to a vote of the people and of course only free-staters voted so it won by a huge majority.
NARRATOR: THE TOPEKA CONVENTION WAS SUBMITTED TO CONGRESS, EVEN THOUGH IT WASN'T OFFICIALLY SANCTIONED BY THE KANSAS TERRITORIAL GOVERNMENT. THE CONSTITUTION PASSED THE HOUSE OF REPRESENTATIVES, BUT NOT THE SENATE. IN 1857, THE FIRST "OFFICIAL" CONSTITUTIONAL CONVENTION WAS HELD ON THE SECOND FLOOR OF WHAT IS NOW CALLED CONSTITUTION HALL IN LECOMPTON, KANSAS. THE CONVENTION WAS CALLED BY THE PRO-SLAVERY LAW AND ORDER PARTY, BUT WAS LED BY JOHN CALHOUN, THE SURVEYOR GENERAL OF KANSAS. CALHOUN WAS A DOUGLAS DEMOCRAT, IN OTHER WORDS HE SUPPORTED POPULAR SOVEREIGNTY NO MATTER WHAT THE OUTCOME.
Watt: Apparently Calhoun and one or two other men worked very hard to try to get the entire constitution submitted for a popular vote. Even though they realized that if it were voted on by everybody, it would be voted down. But this was Popular Sovereignty, which was their doctrine. And it should be voted on by everybody. The pro-slavery men also know that it would be voted down so they didn't want it voted on by everyone. They didn't want it voted on at all by the people. They wanted it to be submitted directly to congress. Well they ended up with a compromise whereby a slavery clause was submitted to a vote. But that was rigged that so no matter what the vote was, slavery would be protected in Kansas territory. so the free staters refused to vote on the constitution and boycotted that election too. And the Lecompton constitution was passed by a wide majority under the first vote.
NARRATOR: HOWEVER, THE LECOMPTON CONSTITUTION NEVER MADE IT TO CONGRESS. BY LATE 1857 THE TERRITORIAL LEGISLATURE HAD BEEN CAPTURED BY THE FREE-STATE PARTY WHO CALLED FOR ANOTHER VOTE. AND IN JANUARY OF 1858, THE PEOPLE OF KANSAS REJECTED THE LECOMOPTON CONSTITUTION.
THE THIRD ATTEMPT TO PRODUCE A STATE CONSTITUTION WAS THE LEAVENWORTH CONVENTION OF 1858. IT PRODUCED A RADICAL FREE-STATE CONSTITUTION THAT AMONG OTHER THINGS, WOULD HAVE GIVEN WOMEN AND BLACKS THE RIGHT TO VOTE.
Watt: This cost a lot of votes for the Leavenworth constitution, although it did pass when it was submitted to the people for a vote. It too never made it through congress and never went into effect.
NARRATOR: THE FINAL CONSTITUTIONAL CONVENTION WAS THE WYANDOTTE CONVENTION OF 1859. IT PRODUCED A MORE MODERATE FREE-STATE CONSTITUTION THAT WAS APPROVED BY KANSAS VOTERS, BUT ALMOST DIDN'T MAKE IT THROUGH CONGRESS.
Watt: It made it again through the house of representatives, but never got through the senate until after the southern states had succeeded. That took them out of the Senate, where they had their greatest power, left primarily anti-slavery senators and they approved the Wyandotte constitution and ironically, Buchanan signed it in 1861, shortly before he left office. And then Kansas became a state in January of 1861.
NARRATOR: THE TERRITORIAL PERIOD WAS AN EXTREMELY COMPLEX TIME IN KANSAS HISTORY. THE POPULAR IMAGE OF "BLEEDING KANSAS" SUGGESTS THAT PEOPLE WERE EITHER STRONGLY OPPOSED TO, OR STRONGLY IN FAVOR OF SLAVERY. BUT IT WAS NEVER THAT SIMPLE. FOR INSTANCE, "ANTI- SLAVERY DIDN'T NECESSARILY MEAN "PRO-BLACK". THE TOPEKA "FREE STATE" CONSTITUTION WOULD HAVE MADE KANSAS A FREE WHITE STATE BY PROHIBITING BLACKS FROM LIVING HERE.
THE ISSUE OF BLACK EXCLUSION WAS DEBATED AT THE WYANDOTT CONVENTION, BUT NOT INCLUDED IN THE FINAL DRAFT OF THAT "FREE STATE" CONSTITUTION. ALSO, MANY SETTLERS WERE MORE CONCERNED ABOUT LAND ISSUES THAN THEY WERE ABOUT SLAVERY.
Watt: They wanted to come in, get the land, build a life and live in peace. And I think that this is what most of the people are trying to do. Again, the radical abolitionists on one side and the fire eaters, the radical pro-slavers on the other side were a very small minority. But they got the most attention because they made the most noise, and made the best story, and it was easiest to understand their position. Because its either all for slavery or all against slavery. How don't have to worry about all the grey stuff in the middle. But most people live in that grey stuff in the middle. They fluctuated back and forth, and some of them just tried to ignore the whole issue, as best they could. And hoped it would go away. And it eventually did.