Territorial Kansas & the Struggle For Statehood

Kansas Territory

Kansas Territory

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Early day Lawrence in Kansas Territory

Early day Lawrence in Kansas Territory

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Missouri Bushwackers

Missouri Bushwackers

Plains Tribes by Karl F. Wimar, 1856

Plains Tribes by Karl F. Wimar, 1856

Kansas was an unorganized territory prior to 1854, at which time it was home to numerous Indian tribes, including the Plains tribes such as the Cheyenne and Arapaho and less nomadic Indians such as the Kanza, Pawnee, and Osage. After the Indian Removal Act was passed in 1830, about 20 different tribes from east of the Mississippi River were settled in the “Indian Territories,” which included Kansas at that time. A few of these groups were the Shawnee, Delaware, Ottawa, Potawatomie, Cherokee, and several others.

Of the white settlers, there were soldiers stationed at Fort Leavenworth, Fort Riley, and at Walnut Creek (Great Bend) to protect the travelers along the trails.

There were also several authorized trading posts scattered over the Territory, including those at Elm Grove (now Gardner) and Council Grove, serving the Santa Fe Trail, and a major post at Uniontown, which was located in western Shawnee County, serving the Potawatomie tribe and California Trail travelers. Other white settlers included the many missionaries and their families working with the Indians at the Shawnee Mission in present-day Fairway, Kansas, Saint Mary’s Mission in present-day Shawnee County, the Catholic Osage Mission in what is now Neosho County, and several others.

Westward Expansion by John Gast, 1872.

Westward Expansion by John Gast, 1872.

Though the tribes had been promised permanent reservations in Kansas, white settlers were pushing hard for westward expansion. As a result, the federal government commenced the negotiation of another Indian removal in 1853 and most of the tribes were then removed to lands in the remaining portion of Indian Territory, which later became Oklahoma.

In May 1854, the U.S. Congress passed the Kansas-Nebraska Act, which not only created the territories of Kansas and Nebraska but, also repealed the Missouri Compromise of 1820 and allowed the territory settlers to determine if they would allow slavery within their boundaries. Though the initial purpose of the Kansas-Nebraska Act was to create opportunities for a transcontinental railroad, the act would instead, create great tension focused on the slavery question, spawn the Kansas-Missouri Border War, and ultimately, the Civil War. In the end, it would be years before a transcontinental railroad would be completed.

Kansas and Nebraska, 1856

Kansas and Nebraska, 1856

Even before the act was passed, Missourians, in hopes of making Kansas a slave state began to pour into the territory, claiming some of the best lands ceded by the tribes, even though their treaties had not yet expired. In the meantime, organizations were being formed in the northeast with the objective of sending in a large emigration from the Free States. As more and more settlers flooded the territory, the “Kansas question” became the centerpiece of an emotionally charged national debate.

Some of the earliest settlers were pro-slavery men from Missouri including Senator David Rice Atchison and brothers, John H. and Benjamin F. Stringfellow who established the pro-slavery town of Atchison. More pro-slavery men poured in to found the city of Leavenworth. In response, the New England Emigrant Aid Company and other groups formed to promote and support Free-State settlement, and in July 1854, founded the city of Lawrence and Topeka as established as a Free-State city by the end of the year.

Though the vast majority of settlers were more concerned about bettering their economic situation and land rights than with settling their nation’s slavery question, there plenty of others that were there simply to sway the territory their way. Within no time, the two sides began to square off, sometimes in violent battles, giving the name to the period known as Bleeding Kansas. Eastern newspapers gave sensational attention to what was going on in the territory and fanned the flames, and the Republican Party emerged in 1854 to oppose the expansion of slavery in the territories.

Early Kansas Voters

Thousands of pro-slavery men from Missouri crossed the border into Kansas to stuff the ballot boxes.

The territory’s first governor, Andrew H. Reeder, was ambivalent with respect to the issue of slavery and upon his arrival in 1854, he directed his energies toward the business of land speculation and government. However, subsequent events would force him to choose, and he sided with the Free-Staters.

By early 1855 the first territorial census revealed a population of 8,500 and Governor Reeder called for a legislative election to be held on March 30th. On that day nearly 5,000 Missouri men led by United States Senator David Rice Atchison and a group of prominent pro-slavery Missourians crossed the border to “help” the legitimate electorate elect pro-slavery candidates. The result was an elected vast majority of the 39 members of the Territorial Legislature being pro-slavery men. Free-Staters immediately cried foul, naming the new Kansas Territorial Legislature the “Bogus Legislature” and led to the Topeka Movement, an unauthorized shadow government that adopted its own constitution and elected its own legislature in late 1855. However, the Topeka Constitution was not accepted by the Federal Government and they found the Free-State body illegitimate and in rebellion.

Meanwhile, Governor Andrew Reeder established a capitol building at the new townsite of Pawnee, Kansas near the Fort Riley military reservation and called for the territorial legislature to convene for the first time on July 2-6, 1855. The fledgling townsite of Pawnee was comprised of Free-State advocates and Reeder had an obvious conflict-of-interest in choosing the site, as he owned stock in the town association, land in the area, and had recently built himself a grand log house there. The pro-slavery supporters, which comprised the vast majority of the legislators, were incensed. They felt that placing the new capitol at Pawnee, some 150 miles from the Missouri border gave an advantage to the Free-State advocates in Kansas Territory. However, Governor Reeder refused to back down.

Kansas' first capitol at Pawnee, Kansas by Kathy Weiser-Alexander.

Kansas’ first capitol at Pawnee, Kansas by Kathy Weiser-Alexander.

While the Legislature had no intention of remaining at Pawnee, it was necessary for it to go and the legislative members traveled to Pawnee on horseback, by wagons, and in carriages. During that first meeting, they organized the government, elected officers, created both houses of government, and transferred the capital, over Reeder’s veto, to the Shawnee Mission in what is now Fairway, Kansas. The Legislature then set their sights on having Governor Reeder removed from office, which was accomplished in late July, The official reason was due to his land speculations at Pawnee and in the Topeka area.

The Legislature knew that the Shawnee Mission location was temporary and began to establish a new capital at Lecompton, Kansas. In the meantime, they were busy crafting over a thousand pages of laws aimed at making Kansas a slave state. The Legislature planned to meet at their new Constitution Hall in Lecompton on October 11, 1857; but, upon their arrival, they found several hundred Free-State men barring their entrance. They returned; however, eight days later with some 200 soldiers. The legislatures then drafted the Lecompton Constitution that included slavery; but, it would not be accepted by the U.S. government.

Constitutional Hall in Lecompton, Kansas by Kathy Weiser-Alexander.

Constitutional Hall in Lecompton, Kansas by Kathy Weiser-Alexander.

While the Lecompton Constitution was debated, new elections for the Territorial Legislature in 1857 gave the Free-Staters a majority government. The new legislature began to meet in Leavenworth, Kansas in early 1858, and on April 3, 1858, the Leavenworth Constitution was adopted. This constitution would suffer the same fate as previous documents when the U.S. Congress refused to ratify it.

Following the Leavenworth Constitution’s defeat, the Legislature again crafted a new document the following year, dubbed the Wyandotte Constitution. The convention assembled at Wyandotte (Kansas City, Kansas) on July 5, 1859. After much debate, a new constitution was submitted to the people for a vote which passed on October 4, 1859. It was then sent to the Federal Government for ratification. Following numerous long debates in both the U.S. House of Representatives and the Senate, President James Buchanan authorized Kansas to become the 34th state of United States on January 29, 1861. Only six days after Kansas was entered into the Union as a free state, the Confederate States of America formed between seven Southern states that had seceded from the United States in the previous two months.

Though the battle for Kansas was finally over, the conflict, which for the past six years had earned the territory the nickname of Bleeding Kansas, now engulfed an entire nation.

 

Bleeding Kansas Fight

Bleeding Kansas Fight

© Kathy Weiser/Legends of Kansas, updated May 2020.

Also See:

Historic People of Kansas

Kansas Destinations

Kansas History

Kansas Main Page

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