Supporters of the Topeka Constitution were not content to put up an alternative
shadow government. They also moved to elect a state government and submit their
constitution to the U.S. Congress as an application for admission to the Union as a
free state. This was a dangerous move, openly flouting the authority of the legally
constituted territorial legislature and threatening a confrontation with the
administration of President Franklin Pierce.
Despite the dangers, organizers held elections based on the Topeka Constitution
on January 15, 1856, in a vote boycotted by most proslavery men. The result was
the creation of a free-state legislature and the election of Charles L. Robinson as
their territorial governor. The Kansas Territory now ha d two governing bodies—
one proslavery and one that supported a ban. Each considered the other fraudulent.
The conflict they carried with violence by militias on both sides inspired the
phrase “Bleeding Kansas.”
The e lection of a free-state legislature and Robinson’s electio n as governor
amounted to a direct challenge to the authority of the federal government as well
as the proslavery legislature. President Pierce knew that the escalating situation
in Kansas posed a threat to t he credibility of his administration. On January 24,
1856, the president declared the Topeka Constitution to be “revolutionary” and
the Topeka movement to be potentially “treasonable.” He warned that he would
use military force against the Topeka Constitution’s supporters if they actually
formed a government. Alth ough Pierce co ndemned violence by both sides, he
blamed propaganda from northern abolitionists as the initial source of the trouble
and declared that, in spite of irregularities in the March 1855 election, that
government was legitimate.
Pierce’s address had little impact on either side. Both claimants as territorial
governor—Robinson and the newly appointe d proslavery governor, David
Atchison—remained committed to their respective courses of defending the
Topeka Constitution or crushing it. Despit e Pierce’s warning, the Topeka legisla-
ture met on March 4. When it reconvened on July 4 to submit the Topeka
Constitution to Congress for admission to the Union as a free state, it was broken
up by federal troops. Despite the breakup of the Topeka government, its
const itution was sub mitted to Congress. The House of Representatives approved
it later in July, but it failed in the Senate.
With the failure of the Topeka Constitution in Congress, the first effort to gain
Kansas’s admission to the Union ended. Free-staters abandoned the Topeka
Constitution. Its failure, however, only deepened the divisions and intensified the
violence in the Kansas Territory and the nation as a whole. The Topeka
Constitution was followed by three more proposals—the proslavery Lecompton
Constitution of 1857 and the Free-State L eavenworth Constitution of 1858, both
362 Bleeding Kansas (1854–1858)