It is due to Douglas to say that he was opposed to the Lecompton Constitution scheme of admission. He was doubtless disappointed in not having the South rally to his support and nominate him for President in 1856. A more pliant tool of the pro-slavery party from the North was given the preference in the person of Buchanan.
President Buchanan, having early expressed the purpose to support the Lecompton plan, announced this purpose to Douglas, and urged him to co-operate in admitting Kansas as a State under it, which, being refused, terminated their party relations. Douglas did not go far enough. Popular Sovereignty was only recognized by pro- slavery advocates when it insured the success of slavery; and it was now certain to make Kansas a free State if the actual settlers alone were permitted to vote unintimidated and their votes were honestly counted and returned.
On December 9, 1857, Douglas, almost heroically, in opposition to President Buchanan and his administration and the majority of his party in the Senate, denounced the Lecompton scheme, and showed that it was an attempt to foist slavery on Kansas against the will of the people.
The peculiar feature of the Lecompton Constitution was that, while it was submitted to the vote of the people of Kansas, they were required to vote for it or not vote at all. The ballot provided required them to vote "For the Constitution with Slavery," or "For the Constitution without Slavery." Thus the Constitution must be adopted, and necessarily with slavery, as there was no provision for excluding the clauses authorizing it. At an election, where for fraud and violence nothing thitherto had approached it, and by the special feature of ballot-box stuffing (actual settlers generally being driven from the polls when willing to vote), this Constitution was returned adopted by about 6000 majority in favor of slavery.(84)
The Senate, March 23, 1858, passed (33 to 25) a bill to admit Kansas as a State under the Lecompton Constitution, with slavery; but notwithstanding the active efforts of the Administration, the House (120 to 112) so amended the Senate bill as to require it, before the State was admitted, to be voted on by the people, the ballot to be—"For the Constitution" or "Against the Constitution." This amendment the Senate reluctantly concurred in.
On January 4, 1858, according to an act of the Territorial Legislature, a vote was again taken and, notwithstanding many temptations offered in lands, etc., and the desire for statehood, this Constitution was rejected by over 10,000 majority.
February 11, 1859, the Territorial Legislature authorized another convention to form a constitution. Fifty-two delegates were elected, and they met July 5, 1859, at Wyandotte, and on the 27th adjourned after framing a constitution prohibiting slavery, and limiting and establishing the western boundary of Kansas as it now is. This Constitution was ratified at an election held in October following. April 11, 1860, the House of Representatives passed a bill (134 to 73) for the admission of Kansas under this Wyandotte Constitution, but a similar bill failed in the Senate, and both Houses adjourned, still leaving Kansas a Territory.
January 29, 1861, when secession had depleted Congress of many members, Kansas was admitted under the Wyandotte Constitution—a free State.
This last struggle for slavery extension was by no means bloodless. The angry flash of Sharps' rifles was seen on the plains; the Bible and the shot-gun were companions of the free State advocate, and many were the daring deeds of men, and women, too, to save fair Kansas to liberty. John Brown (Osawatomie) here first became famous for his zeal in the cause of freedom; and it is said he did not fail to retaliate, blood for blood, man for man.
Douglas, who, by his "Popular Sovereignty" invention, brought on the contest over Kansas which came so near making it slave, lived to see his new doctrine fail in practice, but first to be cast down by the Supreme Court, as we shall presently see.