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Lecompton Constitution

Aiton's Encyclopedia (1910)

in the territorial history of Kansas, a pro-slavery constitution framed by a convention held at Lecompton September 5 to November 7, 1857. The convention was composed of delegates chosen by an election in which the anti-slavery men refused to take part on the score of illegality. The proposed constitution contained four clauses declaring the property rights of slaveowners inviolable and prohibiting the legislature from passing acts of emancipation. December 21, 1857, the constitution was submitted to vote in the form of "For the constitution with slavery," or "For the constitution without slavery," thus making sure of adoption in one form or another. The anti-slavery voters of the state very generally remained away from the polls. The vote stood 6,143 for the constitution with slavery, with 569 votes against the slavery cause. Over half of the votes were cast in the precincts along the Missouri border, although the whole line of counties did not contain over a thousand legal voters. Excitement ran so high, and the legality of the entire procedure was so doubtful, that the territorial legislature met in special session and submitted the constitution as a whole January 4, 1858, at which date 10,226 votes were cast against it. Congress now took a hand and ordered the Lecompton Constitution submitted to a vote August 3, 1858. It was defeated by a majority of 10,000. The present constitution of Kansas was framed by a duly constituted convention July 5-27, 1859; it was adopted by popular vote October 4, 1859, and Kansas was admitted as a free state January 29, 1861.

What Has Changed in the Last Century

Aiton's 1910 account of the Lecompton Constitution stands almost exactly as written: the convention of September–November 1857, the rigged December 21 ballot offering only "with slavery" or "without slavery," the 10,226 votes against it in January 1858, the decisive defeat on August 3, 1858 (under the English Bill compromise, which Aiton does not name), and Kansas's admission as a free state on January 29, 1861. What has shifted is emphasis rather than fact. Modern historians treat the Lecompton fight less as a Kansas curiosity than as the episode that split the Democratic Party, setting Stephen A. Douglas against President Buchanan and helping clear the road to the Republican victory of 1860. The 1859 Wyandotte Constitution that Aiton calls "the present constitution of Kansas" is still in force today, amended but never replaced.

Written for this edition, 2026.