Lecompton constitution
with slavery adopted.

The "Free-state" men resolved to take no part in voting upon the slavery article of the Lecompton constitution, since they must take this constitution either with or without slavery as a permanent institution, and could not vote against the constitution as a whole. Consequently the Lecompton constitution with slavery as a permanent institution was, so far as the returns of the voting on December 21st were concerned, adopted. According to these returns six thousand two hundred and sixty-six votes were cast for it. Of these, nearly three thousand were afterward shown to be fraudulent. Between five and six hundred votes were cast for this constitution without slavery as a permanent institution. None were counted against it in toto. That is to say, out of a voting population of about fifteen thousand, less than four thousand were in favor of this constitution in either form.

The more prudent of the "Free-state" men now thought, however, that it would be wise to participate in the election of members and officers of the Lecompton "State" government on the day fixed by the Lecompton constitution, January 4th, 1858. They were to vote fully at that time, as we have seen, upon the Lecompton constitution, by order of the Territorial legislature, now in their hands. They felt certain of defeating the constitution, and they knew that they could win in the election of the officers and members. They nominated a ticket with G. W. Smith at its head, as their candidate for Governor.

The "Free-state" men capture the
Lecompton government and reject
the Lecompton constitution.

On January 4th, more than ten thousand votes were cast against the Lecompton constitution entire, and only about one hundred and fifty votes were cast in its favor. The "Free-state" men also elected their candidates for the offices and seats in the government created by the Lecompton constitution.

The "Free-state" men now had possession of the Topeka "Free-state" government, of the Territorial legislature, and of the Lecompton "State" government, and had rejected the Lecompton constitution by an undoubted majority of the suffrages of the citizens of Kansas.