CHAPTER XII

KANSAS AND BUCHANAN

In view of the presidential election of 1856 Northern Democrats entertained no doubts that Kansas, now occupied by a majority of free-state men, would be received as a free State without further ado. The case was different with the Democrats of western Missouri, already for ten years in close touch with those Southern leaders who were determined either to secure new safeguards for slavery or to form an independent confederacy. Their program was to continue their efforts to make Kansas a slave State or at least to maintain the disturbance there until the conditions appeared favorable for secession.

In February, 1857, the pro-slavery territorial Legislature provided for the election of delegates to a constitutional convention, but Governor Geary vetoed the act because no provision was made for submitting the proposed constitution to

the vote of the people. The bill was passed over his veto, and arrangements were made for registration which free-state men regarded as imperfect, inadequate, or fraudulent.

President Buchanan undoubtedly intended to do full justice to the people of Kansas. To this end he chose Robert J. Walker, a Mississippi Democrat, as Governor of Kansas. Walker was a statesman of high rank, who had been associated with Buchanan in the Cabinet of James K. Polk. Three times he refused to accept the office and finally undertook the mission only from a sense of duty. Being aware of the fate of Governor Geary, Walker insisted on an explicit understanding with Buchanan that his policies should not be repudiated by the federal Administration. Late in May he went to Kansas with high hopes and expectations. But the free-state party had persisted in the repudiation of a Government which had been first set up by an invading army and, as they alleged, had since then been perpetuated by fraud. They had absolutely refused to take part in any election called by that Government and had continued to keep alive their own legislative assembly. Despite Walker's efforts to persuade them to take part in the election of delegates to the constitutional

convention, they resolutely held aloof. Yet, as they became convinced that he was acting in good faith, they did participate in the October elections to the territorial Legislature, electing nine out of the thirteen councilors and twenty-four out of the thirty-nine representatives. Gross frauds had been perpetrated in two districts, and the Governor made good his promise by rejecting the fraudulent votes. In one case a poll list had been made up by copying an old Cincinnati register.

In the meantime, thanks to the abstention of the free-state people, the pro-slavery party had secured absolute control of the constitutional convention. Yet there was the most absolute assurance by the Governor in the name of the President of the United States that no constitution would be sent to Congress for approval which had not received the sanction of a majority of the voters of the Territory. This was Walker's reiterated promise, and President Buchanan had on this point been equally explicit.

When, therefore, the pro-slavery constitutional convention met at Lecompton in October, Kansas had a free-state Legislature duly elected. To make Kansas still a slave State it was necessary to get rid of that Legislature and of the Governor through

whose agency it had been chosen, and at the same time to frame a constitution which would secure the approval of the Buchanan Administration. Incredible as it may seem, all this was actually accomplished.

John Calhoun, who had been chosen president of the Lecompton convention, spent some time in Washington before the adjourned meeting of the convention. He secured the aid of master-hands at manipulation. Walker had already been discredited at the White House on account of his rejection of fraudulent returns at the October election of members to the Legislature. The convention was unwilling to take further chances on a matter of that sort, and it consequently made it a part of the constitution that the president of the convention should have entire charge of the election to be held for its approval. The free-state Legislature was disposed of by placing in the constitution a provision that all existing laws should remain in force until the election of a Legislature provided for under the constitution.

The master-stroke of the convention, however, was the provision for submitting the constitution to the vote of the people. Voters were not permitted to accept or reject the instrument; all votes

were to be for the constitution either "with slavery" or "with no slavery." But the document itself recognized slavery as already existing and declared the right of slave property like other property "before and higher than any constitutional sanction." Other provisions made emancipation difficult by providing in any case for complete monetary remuneration and for the consent of the owners. visions offensive to free-state men. It had been rightly surmised that they would take no part in such an election and that "the constitution with slavery" would be approved. The vote on the constitution was set for the 21st of December. For the constitution with slavery 6226 votes were recorded and 569 for the constitution without slavery.

There were numerous other pro

While these events were taking place, Walker went to Washington to enter his protest but resigned after finding only a hostile reception by the President and his Cabinet. Stanton, who was acting Governor in the absence of Walker, then called together the free-state Legislature, which set January 4, 1858, as the date for approving or rejecting the Lecompton Constitution. At this election the votes cast were 138 for the constitution