The question of whether Kansas was to be a free or a slave state was, according to the Compromise of 1850 and the Kansas–Nebraska Act, to be decided by popular sovereignty, that is, by vote of the Kansans.

When Missouri was granted statehood in 1821 the area became unorganized territory and contained little to no permanent white settlement with the exception of Fort Leavenworth.

[4] This area, called the Boonslick, was located due east in west-central Missouri and was settled by Upland Southerners from Virginia, Kentucky, and Tennessee as early as 1812.

As early as June 10, 1854, the Missourians held a meeting at Salt Creek Valley, a trading post 3 miles (5 km) west from Fort Leavenworth, at which a "Squatter's Claim Association" was organized.

They said they were in favor of making Kansas a slave state if it should require half the citizens of Missouri, musket in hand, to emigrate there.

During the long debate that preceded the passage of the Kansas-Nebraska Act, it had become the settled opinion at the North that the only remaining means whereby the territory might yet be rescued from the grasp of the slave power, was in its immediate occupancy and settlement by anti-slavery emigrants from the free states in sufficient numbers to establish free institutions within its borders.

The first session of the legislature was held in Pawnee, Kansas (within the boundary of modern-day Fort Riley), at the request of Governor Reeder.

The building remained as the seat of the legislature for five days from July 2–6, 1855, then moved nearer Missouri to the Shawnee Methodist Mission.

This was February 2, 1861—four days after James Buchanan signed the act of Congress that officially brought Kansas into the Union.

[12] James H. Lane joined the Free-State movement in 1855 and became president of the Topeka Constitutional Convention, which met from October 23 to November 11, 1855.

The first Free-state mass-meeting was in Lawrence on the evening of June 8, 1855; it was stated that persons from Missouri had invaded and had stolen elections to the legislature of the territory.

The convention reserved the right to invoke the aid of the Federal government against the lawless course of the slavery propaganda in the territory.