KFK 568 A7 A2 1863 ^cjjy" 37th Congress. Bd Session, 3SS, .[ SENATE. llfllXffi- UNIVEBSrTY LIBRARY j Mis. Doc. \ No. 29. ^3 1924 075 458 673 MEMORIAL Ol.n 568 AT A* 863 NEW ENGLAND EMIGRANT AID COMPANY, Indemnification for the destruction of property, at Lawrence, Kansas, May 21, 1856. February 20, 1863. — Referred to the Committee on Claims and ordered to be printed. l! i To the honorable the Senate and House of Representatives in Congress assembled : Your memorialist, in behalf of the New England Emigrant Aid [Company, located in Boston, Massachusetts, respectfully represents : That several gentlemen, who had long been aware of the severe fhardships and privations unnecessarily endured by immigrants whilst Ijourneying to, and settling and opening up to civilization, new sec- Itions of our vast regions at the west, deeming their task, at best, a Isufficiently arduous one, and believing that much of the toil might tbe lightened, the pioneer life be made more comfortable, and the ■benefits and blessings of society be, in a great measure, enjoyed at lonce, (instead of only, if ever during their lifetime, after a long lapse Ijof years,) by substituting organized action, having the immigrants go |in parties and locate together in neighborhoods in the stead of the fold course, namely: that of individuals or families, few in number, jstarting off and locating on claims far distant from each other, strug- Jjgling single-handed, as it were, for a bare subsistence until, by the plow process of events, sparse settlements were formed. Said gen- |tlemen decided to and did associate themselves together, early in the iyear 1854, with the design of practically exemplifying the correctness land feasibility of their views. Eor the greater convenience of managing their affairs, after oper- ating several months under a trusteeship, they applied to the legisla- ture of the commonwealth of Massachusetts for a charter; and an act,, {drawn up by your memorialist, was passed February 21, A. D. 1855, incorporating Eli Thayer, of Worcester; Amos A. Lawrence, of Brookline; J. M. S. Williams, of Cambridge, and Thomas H. Webb, [of Boston, their associates, successors and assigns, by the name of the New England Emigrant Aid Company, for the purpose of lirecting emigration westward, and aiding in providing accommoda- '■^£ 2 J' NEW ENGLAND EMIGRANT AID COMPANY % / /,, tiqns^Dr the emigrants after arriving at their places of destination. ^''r"copy of this act of incorporation (marked A) accompanies this memorial. The act organizing the Territory of Kansas having been then re- cently passed, and the glowing descriptions given of that region be- ginning to attract the attention of those who were seeking new homes, the company sent thither exploring agents, whose favorable reports determined it to commence operations there. Public notice, by news- papers and pamphlets, was given of the company's intentions, the sole inducements held out to the persons thus notified being cheap fare, (obtainable by the purchase of many instead of single tickets,) first class cars, accompanying conductors, to see to their comfort, con- venience, and protection from imposition on the route, the advice and aid of agents within the Territory in regard to the selection of sites, and temporary accommodations whilst thus occupied. The great aid the company contemplated furnishing was not offered to in- dividuals as such, but to settlements in the way of erecting saw-mills, grist mills, &c, for the advantage and benefit of whole communities. Numerous applicants presented themselves, and many hundreds went to Kansas, under the auspices of the company, directly; and the movement indirectly induced thousands from the New England, the middle, and northwestern States, to migrate also. These per- sons belonged chiefly to the middling class of society; were intelli- gent, industrious, law-abiding, liberty-loving — the "well-to-do" class, so called — both willing and able to take care of themselves and families whilst in health, but liable to suffer somewhat if over- taken by sickness, and thus prevented from getting beforehand against old age, disease, or decrepitude. These went out, therefore, to better their condition, and well have they done so, as the many- thriving settlements by them built up conclusively show. Of the company's agents, as evidence of the estimation in which they were held, and the faithfulness with which they discharged their onerous duties, it is sufficient to state that one of the four was elected the chief executive of the State of Kansas, that a second became, and still is, one of its United States senators, and a third is its pres- ent representative in Congress. The first emigrant party sent out by the company left Boston in August, 1854, and a short time subsequently a second took its depar- ture; soon after arriving in the Territory, these united and jointly commenced a settlement which was called, and has ever since been known, and is now incorporated as, the city of Lawrence. Numerous obstacles and hindrances were used to impede the pro- gress of these settlers by those living upon, but outside of the territo- rial border, who were apprehensive of the consequences which might result from the extension and prevalence of free State sentiments in that section. Immigrants continued, however, to flock in There were no accommodations sufficiently ample for them, Kansas, at that early period, being destitute of "houses of entertainment " Eep- resentations of the want in this particular being made to the company by its agents, and solicitations being forwarded, that the need might NEW ENGLAND EMIGRANT AID COMPANY. 3 be supplied, the company was at length induced to erect in Lawrence, at an expense of twenty -five thousand dollars, ($25,000,) a hotel known as the Free State Hotel, and sometimes as the Eldridge House. This was a commodious, substantially built stone structure, in dimensions fifty by seventy feet, three stories high, and a base- ment. It was fitted and furnished in superior style, the furniture and equipments being of a character corresponding to those of some of the best eastern hotels. Attached to it were stables and other conveniences. In a word, it was pronounced by good judges the best hotel west of St. Louis. This was completed in May, 1856. In the meanwhile, the enmity against the settlers, and more espe- cially those resident at Lawrence, as well as threats to destroy the hotel and printing presses, were alarmingly upon the increase; so much so that the citizens, by delegation and otherwise, appealed, though, as will appear, in vain, to the governor and other United States officers for protection of themselves and property. On the 21st of May, 1856, the Free State Hotel was thrown open to the public; on which occasion, among other prominent individuals, United States Marshal Donaldson, and Sheriff Jones, of Douglas county, were there entertained. Early in the forenoon suspicious movements of a large number of men, gathered on a hill in the rear of Lawrence, attracted attention and excited alarm. They were accoutered as artillery, cavalry, and infantry, and bore many significant banners, among which was a red one with the motto, "southern rights." Early in the afternoon, this crowd, numbering eventually seven or eight hundred, marched into town, under the leadership of Sheriff Jones, and took position in front of the hotel. Jones summoned be- fore him the chairman of the town's committee of safety, whose office was in the building, and demanded a surrender of all the arms, ammunition, &c. Upon being asked by what authority he made the demand, he replied, as sheriff of the county and United States deputy marshal. All of that description of public property was thereupon given up, he officially receipting for the same. Immediately after, the sheriff and acting marshal announced that at five o'clock p. nu the hotel would be destroyed. Efforts were made, but unavailingly, to dissuade him from his lawless design. At the time indicated he issued his orders, and the work of demolition commenced, and was maliciously and unintermittingly followed up until completed, Jones all the while exciting and urging on his "pos.se" by deed and in- flammatory speech. Conspicuous among his confederates, and most riotous in conduct, was David R. Atchison, who once occupied the responsible position of the Vice-President of the United States. For this wanton and unjustifiable destruction of property, under color of law, though in defiance of the laws and Constitution, exe- cuted, too, by an official who had solemnly sworn faithfully to enforce the one and support the other, your memorialist respectfully asks in- demnification, in behalf of said New England Emigrant Aid Company, by an appropriation for its benefit of twenty-five thousand dollars, being the amount expended on the hotel. 4 NEW ENGLAND EMIGRANT AID COMPANY. In confirmation of the statements herein set forth, attention is re- quested to the accompanying documents and affidavits. All of which is respectfully submitted by Thomas H. Webb, late secretary and at present agent in behalf of the New England Emi- grant Aid Company. A. Certified copy of the New England Emigrant Aid Company's charter. COMMONWEALTH OF MASSACHUSETTS. In the year one thousand eight hundred and fifty-five. AN ACT to incorporate the New England Emigrant Aid Company. Section 1. Be it enacted by the Senate and House of Representatives, in general court assembled, and by the authority of the same, as follows : Eli Thayer, Amos A. Lawrence, John M. S. Williams, and Thomas H. Webb, their associates, successors and assigns, are hereby made a corporation by the name of the New England Emigrant Aid Company, for the purpose of directing emigration westward, and aiding in providing accommodations for the emigrants after arriving at their places of destination ; and for these purposes they have all the powers and privileges, and are subject to all the duties, restrictions, and liabilities set forth in the forty-fourth chapter of the revised statutes. Sec. 2. The capital stock of said corporation shall not exceed one million of dollars ; said capital stock may be invested in real and personal estate : Provided, The said corporation shall not hold real estate in this common- wealth to an amount exceeding twenty thousand dollars. Sec. 3. This act shall take effect from and after its passage. House op Representatives, February 16, 1855. Passed to be enacted. DANIEL C. EDDY, Speaker. In Senate, February 17, 1855. Passed to be enacted. HENRY W. BENCHLEY, President. February 21, 1855. Approved. HENRY J. GARDNER. Secretary's Office, Boston, February 12, 1863. A true copy of the original act. Attest : OLIVER WARNER, Secretary of the Commonwealth. NEW ENGLAND EMIGRANT AID COMPANY B. • Supplementary paper elucidatory and in confirmation of the declarations con- tained in the memorial for indemnity to the New 'England Emigrant Aid Company for the loss sustained by the destruction of the Free State Hotel in Lawrence, Kansas, May 21, A. D. 1856. Most of the statements herein contained consist of extracts from, or are substantiated by references to, two important and highly valuable docu- ments, which embrace a vast amount of reliable material relative to scenes witnessed, and incidents which occurred in the early territorial times of Kansas. The first of these is the " Report of the special committee ap- pointed to investigate the troubles in the Territory of Kansas," which was made to the United States House of Representatives by the chairman, the Hon. William A. Howard, July 2, 1856, and which constitutes vol. 2, (pp. 1188) of Reports of Committees, 1st and 2d sessions, 34th Congress, 1855'-56. This will be referred to, when cited, by the initials (K. A.) of its running title, " Kansas Affairs." The second is the "Report of the Committee of Claims, to whom was referred the concurrent resolution of the legislature of the Territory of Kan- sas, asking Congress for an appropriation to indemnify certain citizens of that Territory for the loss of property," &c. &c, which report was made to the House of Representatives by the chairman, the Hon. Mr. Tappan, March 2, 1861, and which constitutes vol. 3, part 1, (pp. 892,) of Reports of Com- mittees, 2d session, 36th Congress, 1860-'61. This will be referred to, when cited, by the initials (K. C.) of its running title, " Kansas Claims." All of the troubles by which Kansas was harassed during its territorial existence grew out of the efforts made to introduce and maintain slavery there ; to. accomplish this object, '' every movement, of whatever character, which tended to establish free institutions," was violently opposed ; regard- less of the injustice or illegality of the means resorted to for the purpose, " leading citizens of Missouri, immediately after the passage of the organic law, entered the Territory, held squatter meetings," passed series of resolu- tions inimical to free-State men and principles, and then returned whence they came ; showing they neither were, nor intended to become citizens of Kansas. The following are specimens of their resolutions, viz : " Resolved, That we will afford protection to no abolitionist* as a settler in this Territory." " Resolved, That we recognize the institution of slavery as already exist- ing in this Territory, and advise slaveholders to introduce their property as early as possible. Auxiliary meetings were held in several counties of Missouri, at which exciting speeches were made, and corresponding resolutions passed." " Every movement, of whatever character, which tended to establish free institutions, was regarded as an interference with their (the slavery advo- cates) rights." This, too, although previously to the proposal to repeal the Missouri compromise, the people who inhabited the portion of Missouri above alluded to, "appeared indifferent to the prohibition of slavery in the Terri- tory, and neither asked nor desired its repeal." But the immediate conse- quence of the repeal " was to-substitute the resolves of squatter meetings, composed almost exclusively of citizens of a single State, for the deliberate * Every person from New England was, ipso facto, pronounced and denounced as,an abo- litionist, using the term, in what was then considered at the west, its most ignominions sense, as a representative of ultra Garrisonianism. 6 NEW ENGLAND EMIGRANT AID COMPANY. action of Congress acquiesced in for thirty-five years." " This unlawful in- terference," says the special committee of the 34th Congress, " has been continued in every important event in the history of the Territory (of Kansas ;) every election has been controlled, not by the actual settlers, but by the citizens of Missouri; and, as a consequence, every officer in. the Ter- ritory, from constable to legislators, except those appointed by the Presi- dent, owe their positions to non-resident voters. None have been elected by the settlers; and your committee have been unable to find that any politi- cal power whatever, however unimportant, has been exercised by the people of the Territory."— (K. A., pp. 2 and 3.) In the fall of 1854 emigration began to set in from the New England States, as well as from the middle and northwestern States. These went forth under no partisan organization, and subject to the direction or control of no political or religious combination; so far as at all banded, they were so voluntarily for mutual benefit, and that they might the earlier and the more surely enjoy the social, the moral, the educational advantages, and the oommunity comforts and benefits of the homes in which they were nurtured, and from which, good citizens, they had departed, in the hope of peaceably being allowed to improve the worldly condition of themselves and families. The company, under whose auspices many of the immigrants to Kansas went there, known as the Massachusetts, and afterwards as the New Eng- land Emigrant Aid Company, was confined to no class, sect, nor party; its stock was in the market, open to all; and not only was no refusal to a single application made^ but prominent individuals of the great political parties were earnestly solicited to become stockholders, that the public might rest the better assured that this was no partisan movement. No pledge was de- manded from the "outgoers" as to what they should or should not, might or might not, do after their arrival in the Territory; and had there been, it would have been, and justly, hurled back in scorn, as these were honest, in- dustrious, intelligent people, and not, as was grossly and falsely charged by the pro-slavery borderers, "paupers" and "jail-birds." The originators and managers of the company were prompted in their actions, not by selfish mo- tives, but by a pure spirit of philanthropy. The knowledge of the migrating intentions of these peaceable, law-abid- ing citizens from the north aroused, and their actual advent still further increased the ire, and called forth the objurgations and most vituperative abuse of the pro-slavery residents in the border counties of Missouri, who held public meetings and private cabals, at which they decided to pursue, in violation of all equity and law, the most extreme measures — to drive out of the Territory, of which they themselves were not inhabitants, those from the free States already located therein, and to deter, if possible, from so doing those who had it in contemplation. At an early period, and " before any election was or could be held in the Territory, a secret political society was formed in the State of Missouri, known by different names, such as "Social Band," "Friends' Society," "Blue Lodge," "The Sons of the South." Its members were bound together by secret oaths, and they had pass-words, signs, and grips, by which they were known to each other ; the different lodges were connected together bv an effective organization. It embraced great numbers of the citizens of Missouri, and was extended into the other slave States and into the Terri- tory. Its avowed purpose was, not only to extend slavery into Kansas but also into other Territories of the United States, and to form a union of all the friends of that institution. Its plan of operating was to organize and send men to vote at the elections in the Territory, to collect money to pay their -expenses, and, if necessary, to protect them in voting. This dan- gerous society was controlled by men who avowed their purpose to extend NEW ENGLAND EMIGRANT AID COMPANY. 7 slavery into the Territory at all hazards, and was altogether the most effec- tive instrument in organizing the subsequent -armed invasions and forays. In its lodges, in Missouri, the affairs of Kansas were discussed. The forces necessary to control the elections was divided into bands, and leaders se- lected. Means were collected, and signs and badges agreed upon. While the great body of the actual settlers of the Territory were relying upon the rights secured to them by the organic law, and had formed no organization or combination whatever, even of a party character, this conspiracy against their rights was gathering strength in a neighboring State, and would have been sufficient at their first election to have overpowered them, even if they had been united to a man. — (K. A., p. 3.) In such a condition of affairs, those entertaining free-State sentiments and favoring free-State principles could not expect, and did not receive, protec- tion from the civil authorities ; in proof of which, abundant evidence may be found among the mass of testimony taken by the congressional inves- tigating committee, and printed with their report, which is referred to at the commencement of this statement, and much additional evidence to the same point may be found in the other congressional report referred to at the same time. At one of many meetings held during • the Kansas reign of terror Judge Lecompte took an active part in fomenting difficulties. "Thus the head of the (territorial) judiciary not only assisted at a public and bitterly partisan meeting, whose direct tendency was' to produce violence and dis- order, but, before any law is passed in the Territory, he prejudges the char- acter of the domestic institutions, which the people of the Territory were, by their organic law, left perfectly free to form and regulate in their own way."— (K. A., pp. 41 and 42.) "At this meeting resolutions were unanimously passed looking to unlaw- ful violence, and grossly intolerant in their- character. The right of free speech upon the subject of slavery was characterized as a disturbance of the peace and quiet of the community, and as circulating incendiary sentiments. They say to the peculiar friends of northern fanatics, Go jiome, and vent your spleen where you may find sympathy." — (K. A., p. 41.) "A committee of vigilance was appointed to observe and report all such persons as shall, by the expression of abolition sentiments, produce disturb- ance to the quiet of the citizens, or danger to their domestic relations; and all such persons so offending shall be notified and made to leave the Terri- tory."— (K. A., p. 41.) Other charges brought against the men from the free-States were, that they were imported into the Territory in large numbers by the New England Emigrant Aid Society, of Boston, "merely for the purpose of controlling the elections; that they came without women, children, or baggage, went into the Territory, voted, and returned again; that men were hired in the eastern and northern States, or induced to go into the Territory solely to vote, and not to settle, and by so doing to make it a free State; that the governor of the Territory purposely postponed the day of election to allow this emigration to arrive, and notified the Emigrant Aid Society, and per- sons iu the eastern States, of the day of election before he gave notice to the people of Missouri and the Territory." The investigating committee say " that these charges were industriously circulated; that grossly exaggerated statements were made in regard to them; that the newspaper press, and leading men in public meetings in western Missouri (aided in one case by a chaplain of the United States army) gave currency and credit to them, and induced many well-meaning citizens of Missouri to march into the Territory to meet and repel the al- 8 NEW ENGLAND EMIGRANT AID COMPANY. leged eastern paupers and abolitionists, is fully proven by many witnesses, but neither of these charges in sustained by the proof."— (K. A., p. 37.) _ "Their (the emigrants) purposes, as far as your committee can ascertain, were lawful, and contributed to supply those wants most experienced in the settlement of a new country " "This company of peaceful emigrants, moving with their household goods, was distorted into an invading horde of pauper abolitionists, who were, with others of a similar character, to control the domestic institutions of the Territory, and then overturn those of a neighboring State." — (K. A., pp. 38 and 39.)* " Your committee are satisfied that these charges were made the mere pretexts to induce an armed invasion into the Territory, as a means to con- trol the election, and establish slavery there. The real purpose is avowed and illustrated by the testimony and conduct of Colonel John Scott, of St. Joseph, Missouri." On thedayprevious to the election held November29, 1854, he deposes: "I settled up my board at my boarding-house in St. Joseph, Mis- souri, and went over into the Territory and took boarding with Mr. Bryant; near whose house the polls were held the next day, for one month, so that I might have it in my power, by merely determining to do so, to become a resi- dent of the Territory on the day of election. When my name was proposed as a judge of election, objections were made by two persons only. I then publicly informed those present that I had a claim in the Territory; that I had taken board in the Territory for a month, and that I could at any moment become an actual resident and legal voter in the Territory, and that I would do so if I concluded at any time during the day that my vote would be necessary to carry that (the Burr-oak) precinct in favor of the pro-slavery candidate for delegate to Congress. I did not consider it necessary in the course of the day to become a resident of the Territory for the purpose mentioned." — (K. A., p. 40.) Thus it will be seen that a great variety of disreputable, unjust, under- handed, and unlawful means were employed to oppress, overpower, and eject from»the Territory those who hailed from the free States. But the hardy pioneers proved no degenerate descendants from a noble ancestry; they knew their lights, and knowing, dared maintain. Their numbers augmented rapidly under oppression, and Lawrence, whither they at first naturally tended, increased in size and importance; consequently, Lawrence became, and continued throughout the "troublous times," the place upon which a large share of malice was concentrated. The committee, speaking of one of the armed forays from Missouri, say " the chief hostility of this military foray was against the town of Lawrence; and this was especially the case with the officers of the law. Your committee can see in the testimony no reason, excuse, or palliation for this feeling. It is obvious that the only cause of this hostility is the known • desire of the citizens of Lawrence to make Kansas a free State, and their repugnance to laws imposed upon them by non-residents." — (K. A., p. 61.) J. M. Winchell, in his testimony before the committee, swears that on his way to Lawrence he saw numbers of men who " were aimed, and stated they were residents of Missouri, and were going out to assist in the extermina- tion of Lawrence. Some said that the people of Lawrence would have a few hours given them to send away their women and children before the destruction of their place. Colonel Boone, of Missouri, expressed deep regret at the course matters seemed to be taking, and stated, also, that these men were almost uncontrollable, and desired to destroy the town and every- body in it, and compared them to a pack of hyenas. Sheriff Jones appeared to be very much excited because a patrol, as he entered the town, rode with him into it. He swore he would go in and out of Lawrence whenever NEW ENGLAND EMIGRANT AID COMPANY. 9 he chose without any escort. (This was at a time when no free State man was allowed to go about in the Territory without a pass from Jones, or some prominent pro-slavery associate.) I saw a prisoner whom the guards were taking to camp. He was in the hands of men who, the sentries told me, were a part of the forces He struggled violently, and one of them said to him, ' God damn your abolition heart.' The last I saw of him he was being dragged along by two of them It was not alleged, as I heard, that he had committed any ofi'ence When I was at the camp at Wakarusa, on my remonstrating with Sheriff Jones on the arrests of persons without any offence being alleged against them, he admitted that General Pomeroy had been arrested without anything being charged against him at all."— (K. A., pp. 1087-1091.) ™ James S. Legate testified and swore : "I asked him (Sheriff Jones) how many men he had, in all, with him. He said he had about 1,800 men. I then told him he must have had 1,400 or 1,500 from Missouri. He said he did have that number, and could have obtained more. I then asked him what he intended to do with that number of men as a posse ? He said he intended to take this damned town (Lawrence) and blot it out. I reminded him of the improbability of the force he had being able to do that. He said the town had been looked at by many different individuals from the camp, and they were confident they could have taken it in twelve hours. I told him that if we got into a war here at that time it would probably involve the whole Union. He replied he did not care what it involved, but that the laws passed by the territorial legislature [should be enforced." — (K. A., p. 1095.) Dr. G. A. Gutler testifies and swears : "While I was lying, a prisoner, in the camp at Lecompton, R. H. Kelly, a virulent and active pro-slaveryite, a partner of Dr. Stringfellow in the 'Squatter Sovereign' paper, the vilest, most inflammatory, and unprincipled sheet issued during the whole period of the difficulties, and was one of the chief means of intensifying the hate against those who professed free-State principles, and stimulated resort to extreme measures to extirpate them — this R. S. Kelly rode up before the tent I was lying in and said: 'I want blood; I am blood-thirsty; I want to take this God-damned abolitionist out and hang him.' "— (K. A., p. 1111.) William Phillips testified and swore : " I went down to the Wakarusa camp. I spoke to one or two, and asked them where they came from. Two said they came from Missouri. I heard several that day make threats of coming up to destroy the town of Lawrence. I spoke to some men in two ox-teams, and they told me they came from beyond Lexington, Missouri, and that they were going up to the camp, and they intended, to take Lawrence. One of them said they were going to burn it, and drive out the abolitionists. One of them told me most of their neighbors were coming up, and that 2,000 men were coming up from that part of Missouri. I spoke to another party; they told me they were from Olay county, Missouri. They said they had been at the Shawnee mission, as they came up, and Governor Shannon had enrolled them. In argument with him, (Sheriff Jones,) he said he was with this party, and that they wanted and meant to fight. I urged that a war might involve the whole Union. He said, 'damn the Union." — (K. A., p. 1112.) I went to the house of Mr. Milton McGhee. Said he, 'I am a border ruffian, and am not ashamed of it.' I reasoned with him. He said by the passage of the Kansas-Nebraska bill there was a fair trade — that the south would get Kansas, and the north Nebraska, and the damned Emigrant Aid Society meant to swindle them out of it. He said the men of Missouri would wade knee-deep in blood before Kansas should be a free State. I heard the party talk of going up the next day to the siege at Lawrence. They said the battle was to be the day after the next, and they wanted to be up in time. 10 NEW ENGLAND EMIGRANT AID COMPANY. I also heard them plot to lynch General Pomeroy, who, they said, was at the American Hotel in Kansas city. The only point of difficulty was whether they would have time to do that and go up to Lawrence."— (K. A., p. 1114.; The American Hotel, at Kansas City, Missouri, above referred to was owned by the New England Emigrant Aid Company. It had been purchased under advisement, this city being the point of disembarkation for the immi- grants bound to the Territory, and it being necessary that there should be some public house where they would be sure of temporary accommodations and fair treatment. This building was therefore looked upon with an evil eye by the Missourians. J. M. Winchell testifies before the committee that there were uttered " threats against the American Hotel, in Kansas City, as being obnoxious in ihe same way as was the city of Lawrence. Threats were made that it would be destroyed, and much anxiety was felt by its in- mates, of which I was one, and the citizens generally. I understood the ground of hostility to the hotel to be that it was kept for the convenience of northern emigration to Kansas Territory. That, so far as I know, was the exclusive ground of hostility to the hotel."— (K. A., p. 1092. The Free-State Hotel, at Lawrence, Kansas, was, for the same. reason, equally offensive to the advocates of slavery, and frequently during the course of its being erected many imprecations were uttered, and menaces, in no measured terms, thrown out that it should be destroyed. A few months previous to its destruction, Governor Shannon, alarmed at the threatening aspect of the times, called a convention of officers in con- sultation. It broke up, however, without the accomplishment of anything. " Some would hear of nothing less than the destruction of Lawrence and its fortifications; the demolition of its printing presses, and the uncon ditional surrender of the arms of its citizens." — (K. C, p. 24.) The governor, in a letter to the President, bearing date December 11, 1855, says: "I gave them (the citizens of Lawrence) every assurance in my power that they should be protected in all their rights, and defended against all unlawful aggressions." — (K. C, p. 26.) On the 5th of May, A. D. 1856, about the time of the completion of the hotel, Judge Lecompte, a personage already referred to, delivered a strongly marked, prejudiced charge to the grand jury of Douglas county, within which Lawrence is situated. In the course of it, he said: " This Territory was organized by an act of Congress, and, so far, its authority is from the United States. It has a legislature elected in pursu- ance of that organic act. This legislature being an instrument of Congress, by which it governs the Territory, has passed laws. These laws, therefore, are of United States authority and making; and all that resist these laws resist the power and authority of the United States, and are, therefore, guilty of high treason. Now, gentlemen, if you find that any persons have resisted these laws, then must you, under your oath, find bills against such persons for high treason. If you find no such resistance has been made, but that combinations have been formed for the purpose of resisting them, and individuals of influence and notoriety have been aiding and abetting in such combinations, then must you still find bills for constructive treason; the blow need not be struck, but only the intention be made evident." — (K. a, p. 27.) The grand jury, in consequence, presented the Herald of Freedom and the Kansas Free State, newspapers published in Lawrence, as nuisances, and recommended their abatement. They add "that we are satisfied that the building known as the 'Free-State Hotel,' in Lawrence, has been con- structed with the view to military occupation and defence, (a siugular reason for making a presentment,) regularly parapetted and port-holed for the use of cannon and small arms, and could have only been designed as a strong- NEW ENGLAND EMIGRANT AID COMPANY. 11 hold resistance to law, thereby endangering the public safety, and encour- aging rebellion and sedition in this country, and respectfully recommend that steps be taken whereby the nuisance may be removed. Signed, Owen C. Stewart, foreman."— (K. C, p. 28.) A committee of the citizens of Lawrence and vicinity, in their memorial to the President of the United States, dated May 22, A.D., 1856, comment at some length on the course and conduct of the marshal at this juncture, (K. C, p. 29, et seq ) At this time there were in the territory many hundreds of men who had entered it in organized companies from southern States, actuated by an avowed political purpose, and proclaiming a deadly hostility to the town of Lawrence. These men were immediately enrolled in the marshal's posse, and supplied by the governor with arms belonging to the United States, and intended for the territorial militia. This posse of the marshal was further increased by accessions from the neighboring State of Missouri, and sup- plied from the same source with several pieces of artillery. Camps were formed at different points along the highways and on the Kansas river, and peaceful travellers subjected to detention, robbery, and insult. Men were stopped in the streets and on the open prairie, and bidden to stand and de- liver their purses at the peril of their lives ; cattle, provisions, arms, and other property, were taken wherever found, without consent of the owners ; men were choked from their horses, which were seized by the marauders, and houses were broken open and pillaged of their contents. Resistance to these outrages was followed by further violence, and in some cases by the most wanton and brutal sacrifice of life. The passage of the United States mail was frequently interrupted, and examinations made in defiance of law. In the border counties of Missouri citizens of Lawrence were seized with- out warrant, conveyed to the various camps, and there subjected to deten- tion and unlawful trial, accompanied by threats of immediate death. — (K. C, pp. 29 and 30.) Evidence thus daily strengthened that Lawrence was a doomed city. Hoping, however, against hope, the citizens held a public meeting, and in- structed a committee to advise the governor, as they did by letter, that they "have the most reliable information of the organization of guerilla bands, who threaten the destruction of our town and its citizens," and " to call upon him, in the name of the people of Lawrence, for protection against such bands by the United States troops at his disposal." The governor replied: " There is no force around or approaching Lawrence except the legally- constituted posse of the United States marshal and sheriff of Douglas county. I shall in no way interfere with either of these officers in the discharge of their official duties. If the citizens of Lawrence submit them- selves to the territorial laws, and aid and assist the marshals and sheriff in the execution of process in their hands, as all good citizens are bound to do when called on, they, or all such, will entitle themselves to the pro- tection of the law. But, so long as they keep up a military or armed organi- zation to resist the territorial laws, and the officers charged with their exe- cution, I shall not interpose to save them from the legitimate consequences of their illegal acts — (K. C, p. 31.) The above charges were, by the citi- zens in public meeting assembled, May 13, 1856, pronounced untrue. The laws here alluded to by Governor Shannon, and also referred to by Judge Lecompte in his charge to the grand jury, are thus characterized by the congressional investigating committee ; speaking of the general assem- bly who enacted them, they say : " Your committee do not regard their enactments as valid laws. A legis- lature thus imposed upon a people, cannot effect their political rights. Such an attempt, if successful, is virtually an overthrow of the organic law, and 12 NEW ENGLAND EMIGRANT AID COMPANY. reduces the people of the Territory to the condition of vassals to a neighbor- ing state."— (K. A., p 42.) This committee, in another portion of their report, remark : " This invasion is the first and only one, in the history of our gov- ernment, by which an organized force from one State has elected a legisla- ture for another State or Territory, and as such it should have been resisted by the whole executive power of the national government. It is not to be tolerated that a legislative body thus selected should assume or exercise any legislative functions, and their enactments should be regarded as null and void. Nor should the question of its legal existence as a lesislative body be determined by itself, as that would be allowing the criminal to judge of his own crime." — (K. A., p. 35.) Any one who will glance at the massive bulk of laws enacted, and hear in mind the limited period of the session, and the local and special business transacted, will see the utter impossibility of these general laws having been concocted, digested, deliberately discussed, regularly passed each its sev- eral readings, and duly enacted ; time would not allow of it. The truth is, they were taken in mass, verbatim et literatim, from the Missouri code, and put upon their passage so hastily that the necessity of any alteration of phraseology escaped attention, until near the close of the session, when it was found necessary, in order to escape the dilemma, to pass specific acts to define the meaning of certain words and phrases ; e. g., that where the word "State" occurred, Territory was meant; that the phrase "county court" shall be construed to mean, according to the circumstances, either "the board of commissioners transacting county business, or the probate courts." The congressional committee further say: "By the terms of these laws the people have no control whatever over either the legislative, the execu- tive, or the judicial departments of the territorial government, until a time, before which, by the natural progress of population, the territorial government will be superseded by a State government. . Any man of proper age, who was in the Territory on the day of election, and who had paid one dollar as a tax to the sheriff, could vote as an 'inhabitant,' although he had breakfasted in Missouri, and intended to return there for supper." "The slave code, and every provision relating to slaves, are of a character intolerant and unusual, even for that class of legislation." Every candi- date for the legislature, every territorial officer, elected or appointed, every attorney admitted to practice in the courts, every judge of election, and every voter challenged, was required to swear to support the fugitive slave law, and this, too, although by the "organic act," alt voters, otherwise quali- fied, were authorized to vote, even if they would not take the oath above- mentioned. "There can be no doubt that these unusual and unconstitu- tional provisions were inserted to prevent a full and fair expression of the popular will in the election of members of the house, or to control it by non-residents." — (K. A., pp. 43 and 44.) Such were the character and some of the provisions of the laws, for an expression of opinion adverse to which, not for a resistance thereto, the governor refused protection to citizens pleading for it, and a reckless rabble threatened to lay waste their property and to sacrifice their lives. " The character and conduct of the men appointed to hold office in the Ter- ritory contributed very much to produce the events which followed. Thus, Samuel J. Jones was appointed sheriff of the county of Douglas ;" he had made himself peculiarly obnoxious to the settlers by his conduct pre- viously. — (K. A., p. 44.) The long-threatened invasion having become more fully developed, another public meeting assembled at Lawrence, at which G. W. Dietzler, now so valiantly fighting for the salvation of the Union, presided, and a NEW ENGLAND EMIGRANT All), COMPANY. 13 letter, bearing date May 14, 1856, was addressed to the United States marshal, Donelson, advising him "that large bodies of armed men, in pur- suance of your proclamation, have assembled in the vicinity of Lawrence," and that they openly declare their intention is to destroy the town, and drive off the citizens. They "ask protection of the constituted authorities of the government," declaring themselves "to be order-loving and law- abiding citizens, and only await an opportunity to testify their fidelity to the laws of the country, the Constitution, and the Union " They respect- fully inquire "the demands against them," and declare their "readiness to co-operate" "for the maintenance of the peace, order, and quiet of the com- munity."— (K. O, p. 32.) To this a very derisive and insulting reply is made by the marshal on the following day. — (Vide K. C, p. 32, dt seq.) Although the signers were some of the earliest settlers, he says, "from your professed ignorance of the demands against you, I must conclude you are strangers, and not citizens of Lawrence, or of recent date, or been absent for some time." "Your declaration that you 'will truthfully and earnestly offer no opposition now, nor at any future time, to the execution of any legal process', &c, is, indeed, difficult to understand. May I ask, gentlemen, what has produced this won- derful change in the minds of the people of Lawrence ? Have their eyes been suddenly opened, so that they are now able to see that there are laws in force in Kansas Territory which should be obeyed ? Or it may possibly be, that you now, as heretofore, expect to screen yourselves behind the word 'legal,' sd significantly used by you. Surely you must be strangers at Lawrence ! After reiterating oft-refuted charges, he closes with the decla- ration that "all persons in Kansas Territory, without regard to^location, who honestly submit to the constituted authorities, will ever find me ready to aid in protecting them ; and all who seek to resist the laws of the land and turn traitors to their country will find me aiding in enforcing the laws, if not as an officer, as a citizen." The armed force still increasing and becoming mora minatory in its action, another letter was, on the 11th of May, addressed to the marshal, by a com- mittee of the citizens, calling his attention to the depredations being daily committed in the vicinity of Lawrence, and to Governor Shannon's statement "that there are no armed forces in the vicinity but the regularly-constituted militia of the Territory," and asking him if he recognized them as his posse and felt responsible for their acts; if not, expressing a hope and trust that he would prevent a repetition of their acts. — (K. 0., pp. 34 and 35.) To this no response was ever made. The same day the Messrs. Eldridge, lessees of the hotel, sent an application to the governor to protect it " against the destruction threatened by the mob in the marshal's posse." A verbal reply was sent by the governor, "expressing regret that the pro- prietors had taken possession, and giving some encouragement for its pro- tection." On the subsequent day the lessees had a personal interview with the governor and marshal, both of whom " seemed disposed to accord the protection needful." As a further evidence of the peaceful disposition of the citizens, a commu- nication was, at this interview, presented to the officials, setting forth that, " having learned that your reason for assembling so large a force in the vicinity of our town to act as a posse in the enforcement of the laws rests upon the supposition that we are armed against the laws, we would say we hold our arms only for our own individual defence against violence, and not against the laws or the officers in the execution of the same; therefore, having no further use for them when our protection is otherwise secured, we propose to deliver our arms to Col. Sumner, so soon as he shall quarter in our town a body of troops sufficient for our protection, to be retained by 14 NEW ENGLAND EMIGKANT AID COMPANY. him as long as such force shall remain among us." — (K. C, p. 35.) This seemed satisfactory, and the marshal gave positive assurance of " protec- tion to the property of the citizens." But it was added " that a portion of the posse was clamorous for the destruction of the hotel and the printing offices." To afford time to consult the captains, the Messrs. Eldridge were invited to renew the interview on the succeeding day. At the renewal it was announced that the posse would not be satisfied without " some destruc- tion of private property," and that the determination was so strong the marshal would not be able to resist it. The aid of the citizens, if furnished with weapons, was proffered and pledged the marshal. He declined it upon the plea of a deficiency of arms. -" One of the captains, Titus, of Florida," a member of the lawless Cuban expedition, and more recently an Arizona secessionist, "declared boldly that the printing presses must be destroyed to satisfy the boys from South Carolina." But promises to protect the hotel were again made; and the marshal gave his pledge that "if no resistance were offered, he would enter the town with a small posse of unarmed men, and that the remainder should not be admitted. He also further promised not to dismiss them in the vicinity of the town." — (K. C, p. 36.) Notwithstanding the repeated promises made, having some misgivings as to the future, the Messrs. Eldridge again sought the timely interference of the governor. He, however, resisted all importunities, and abruptly left the room under much excitement. On the 20th of May "Deputy Marshal W. P. Train, from Calhoun, Ga., visited the town, and in conversation with a citizen expressed the belief that the printing presses would be destroyed, but that the Eldridge House (or Free State Hotel) would be spared" — (K. C, p. 37.) On the 21st of May, the day of destruction, Train again entered town with a small posse, which, on summons at the Eldridge House, was promptly increased by the addition of the proprietors and other citizens. As but two arrests were made, the presumption is that the movement was planned under the expectation that the citizens would disregard the summons, the marshal thereby become absolved from his pledge, and the way thus opened for the consummation of the projected iniquitous proceedings. If so, it proved a signal failure. On the morning of the eventful day the crowd, gathered on the hill in the rear of Lawrence, first displayed a white flag, " which soon gave place to a red one. This emblem would have incited the citizens to resistance but for the known fact that the force was commanded by a United States officer (whose pledge of protection had been given,) and armed with national weapons."— (K. O, p. 37.) In the course of the day the marshal's posse returned to camp. Where- upon Colonel Topliff, of Lawrence, repaired thither to deliver to the mar- shal a communication signed by the Committee of Public Safety at the head of which committee was General (now United States Senator) Samuel 0. Pomeroy, who, with his seven associates, still remain, true to the Union in council or in the field, whilst a large proportion of the inimical leaders long since joined the forces of rebeldom, and are now, as they were then warring against the Constitution and the laws of the country tt ^ ^ ? omm « ni «»*?°n the 7 set forth : " We represent citizens of the United States and of Kansas who acknowledge the constituted authorities of the government ; we make no resistance to the execution of the laws, national or territorial, and we ask protection of the government, and claim it as law-abiding American citizens. For the private property already taken by your posse we ask indemnification, and what remains to us and our cit- izens we throw upon you for protection, trusting that, under the flag of our NEW ENGLAND EMIGKANT AID COMPANY. 15 Union, and within the folds of the constitution, we may obtain safety." — (K.q.,p.31.) This effort to appease an implacable enemy was as nugatory as the various preceding ones. At three o'clock p. m., Sheriff and Acting Deputy Marshal Samuel J. Jones entered the town at the head of a large body of armed men, and took position in front of the hotel, and in the name of the law demanded of and received from the Committee of Safety a surrender of the rifle and cannon, which having been obtained and receipted for officially, he announced that the hotel and printing offices must be destroyed. The so-called posse continued to pouffiinto Lawrence, bearing numerous flags, conspicuous among which were these, viz : one marked " South Carolina ;" another having the motto "Superiority of the white race ;" one bore the stripes of the national flag, a tiger "being substituted in the place of the Union ; another had al- ternate black and white stripes The hotel was entered, the red flag was hoisted upon its roof, and the occupants were warned to leave by Jones, who, at a quarter past three, declared it should be demolished at five o'clock p. m. At the appointed hour the nefarious work of demolition com- menced, under the immediate supervision of Jones, by his posse, consisting of Missourians, Carolinians, Georgians, and Alabamians, who were mostly armed with Mississippi rifles and bayonets belonging to the United States, and revolvers and bowie-knives. Efforts were first made to batter down the structure by balls discharged from cannon placed opposite its front, and David R. Atchison has the discredit of having aimed the first shot. This course proving unavailing, an attempt was made to blow it up, but with no better success, so substantially and workmanlike was it built. Jones then ordered the interior to be set on fire, and whilst the flames were raging, Jones exultingly exclaimed : "This is the happiest hour of my life." When the final doom of the hotel and printing offices was pronounced, it was said by the officials to be by order of the government, as the grand jury of Douglas county had directed them to be removed as nuisances. The only charge against the hotel was its ownership by the New England Emigrant Aid Company. The hotel having been burnt, the mob commenced an indis- criminate plunder aud destruction of the contents of houses and stores, and even robbed women of their clothing aud offered insults to their persons. The havoc continued until night set in, and the loss thus inflicted upon the inhabitants was estimated at $150,000. Marshal Donelson, though jiot present at the scene, was evidently, and is, in the eyes of the law, guilty as an accomplice. He aided and abetted, among other ways, by notifying the posse that he had " got through with them, but that Sheriff Jones had some processes to serve, and that they would hold themselves in readiness to go with him." — (Phillips's Conquest of Kansas, p. 292, Boston, 1856.) " To evade the pledge given by the marshal that he would not let his posse enter Lawrence, they were disbanded by him after the arrests were made, and enrolled as a sheriff's posse by Jones. The next day they were again enrolled as the posse of the marshal."— (K. C, p. 39.) The investigating committee of 1856, who were in Kansas at the time of the destruction of the hotel, and who, indeed, a short time previously, held tiheir official meetings in it, make the following statement as to the law- lessness that bore sway, and as to the character of Sheriff Jones : Speaking of the first Lawrence invasion, they say : " Among the many acts of lawless violence which it has been the duty of your committee to in- vestigate, this invasion of Lawrence is the most defenceless. A comparison of the facts proven, with the official statements of the officers of government, will show how groundless were the pretexts which gave rise to it. A com- munity in which no crime had been committed by any of its members, 16 NEW ENGLAND EMIGRANT AID COMPANY. against none had a warrant been issued or a complaint made, who had re- sisted no process in the hands of a real or pretended officer, was threatened with destruction in the name of law and order, and that, too, by men who marched from a neighboring State, with arms obtained by force, and who, at every stage of their progress, violated many laws, and among others, the Constitution of the United States." [Article 4 of the amendments.]— (K. A., p. 62.) "The chief guilt must rest on Samuel J. Jones. His character is il- lustrated by his language at Lecompton. He said Majors Clark and Burns both claimed the credit of killing that damned abolitionist, [Thomas Bar- ber, a highly esteemed citizen, who was murdered in cold blood on the high- way, whilst peacefully proceeding, unarmed, from Lawrence to his claim.] He continued : ' If Shannon hadn't been a damned old fool, peace would never have been declared. He would have wiped Lawrence out. He had men and means enough to do it.'" — (K. A., p. 62.) Numerous instances of his cruelty, destructiveness, and bloody-mindedness, may be found among the testimony appended to the report from which the above quotation is extracted. Again, the committee, after detailing various unlawful acts against per- sons and property which came under their direct observation, committed by persons " confessedly citizens of Missouri," who marched " into the Territory on forays against its citizens," "the only offence charged against them" being " their political opinions," the committee say : " Resistance was not made to these lawless acts by the settlers, because, in their opinion, the persons engaged in them would have been sustained and re-enforced by the citizens of the populous border counties of Missouri, from whence they were only separated by the river." — (K. A., p. 64.) " While we remained in the Territory, repeated acts of outrage were com- mitted upon quiet, unoffending citizens, of which we received authentic in- telligence. Men were attacked in the highway, robbed, and subsequently imprisoned; others were seized and searched, and their weapons of defence taken from them without compensation. Horses were frequently taken and appropriated. Oxen were taken from the yoke while ploughing, and butch- ered in the presence of their owners. One young man (a minister) was seized in the streets of the town of Atchison, and, under circumstances of gross barbarity, was tarred and cottoned, and in that condition was sent to his family. All the provisions of the Constitution of the United States securing persons and property were utterly disregarded. The officers of the law, instead of protecting the people, in some instances were engaged in these outrages; and in no instance did we learn that any man was arrested, indicted, or punished for any of these crimes. While such offences were committed with impunity, the laws were used as a means of indicting men for holding elections preliminary to framing a constitution and applying for admission into the Union as the State of Kansas. Charges of high treason were made against prominent citizens upon grounds which seem to your committee absurd and ridiculous. In several cases men were arrested in the State of Missouri while passing on their lawful business through that State, and detained until indictments could be found in the Territory. These proceedings were followed by an offence of still greater magnitude. Under color of legal process a company of about seven hundred armed men, the great body of whom, your committee are satisfied, were not citizens of the Territory, were marched into the town of Lawrence under Marshal Donelson and Sheriff Jones, officers claiming to act under the law, and then bombarded and burned to the ground a valuable hotel and one private house, destroyed two printing presses and material, and then, being released by the officers whose posse they claimed to be, proceeded to sack, pillage, and rob houses, stores, trunks, &c, even to NEW ENGLAND EMIGRANT AID COMPANY. 17 the clothing of women and children. This force was not resisted, because it was collected and marshalled under the forms of law. But this act of barbarity, unexampled in the history of our. government, was followed by its natural consequences." — (K. A., p. 65.) Among the conclusions to which the committee arrived are the following having a bearing on the subject of the memorial, viz : " That each election in the Territory, held under the organic or the alleged territorial law, has been carried by organized invasion from the State of Missouri, by which the people of the Territory have been prevented from exercising the rights secured to them by the organic law. " That the alleged territorial legislature was an illegally constituted body, and had no power to pass valid laws, and their enactments are there- fore null and void. " That these alleged laws have not, as a general thing, been used to pro- tect persons and property and to punish wrong, but for unlawful purposes. " That, in the present condition of the Territory, a fair election canno t be held without a new census, a stringent and well-guarded election law, the selection of impartial judges, and the presence of United States troops at everyplace of election." — (K. A., p. 67.) It seems unnecessary to multiply evidence, which is abundant in the two able reports herein so often referred to, in order to prove the peaceful course intended to be and that was pursued by the bona fide settlers, who, to prevent collisions, manifested a willingness to submit even to most humiliating terms ; neither does it seem necessary more fully to set forth the high-handed, heartless, belligerent course of conduct towards them by a reckless mob- ocracy, who roved through the Territory committing the most wanton outrages under the plea of justice, and as the professed guardians of "law and order," led on by officials who disgraced the government they pre- tended to serve, and richly merited the extreme penalty of law. Nor yet is it deemed requisite to detail, at greater length, the circumstances preceding and attendant upon the destruction, and by whom, of the Free- State Hotel, nor to minutely delineate the characters of the chief perpetra- tors of the wrong for which indemnification is asked. The question whether such a claim can justly, legally, or constitutionally be made upon government has been carefully examined, and some of the authorities which maintain and, as your memorialist believes, prove "the obligation of government to indemnify citizens for the loss of property resulting from the abuse of official power, or from a failure to exercise the powers vested in it for the purpose of protecting its citizens," are quoted on page seventy-one and the subsequent pages of the Report of the Committee of Claims, made March 2, 1861, and by us so often referred to by the initials K. C. THOMAS H. WEBB. Washington, D. C, February 16, 1862. e Testimony in the matter of the memorial of the New England Emigrant Aid Company for indemnity for the destruction of the Free-State Hotel at Law- rence, Kansas, May 21, A. D. 1856. District of Columbia, Washington, ss : Before me, this day, personally appeared Shaler W. Eldridge, who, being duly sworn, testified as follows: I, Shaler W. Eldridge, testify and declare that I am, and have been ever Mis. Doc. 29 2 18 NEW ENGLAND EMIGRANT AID COMPANY. since January, A. D. 1855, a resident y« Lawrence, Kansas; that I have been, for a number of years past, extensively engaged in hotel-keeping, staging, &c, and was thus engaged at Lawrence aforesaid on the 21st of May, A. D. 1856; that in the year 18"55, through the representations of myself and others, the New England Emigrant Aid Company was induced to erect in said Lawrence a large, commodious, and well-finished hotel, at an estimated cost of twenty-five thousand dollars, suited to the wants of the travelling public, and embracing the ordinary conveniences of hotels in the eastern cities — such a hotel being then imperatively required by the influx of strangers and immigrants, there not being sufficient accommodations any- where within Kansas. Being fully aware of this condition of affairs, believing that a good business opening was thus presented at Lawrence, and anxious to see Kansas rapidly settle up and improve, I applied myself to secure the enterprise above referred to, and contracted for and leased said hotel, with its appurtenances, barns, stables, fixtures, &c, on favorable and profitable terms, for the period of five years from the time that I could take possession and occupy the same. That in the months of November and December, A. D. 1855, occurred what is known as "the Wakarusa war;" during which the lives, property, and personal rights of the citizens of Lawrence and vicinity were subjected to the control, and were exposed to and suffered from the violence of bodies of armed men, called forth and kept in service by persons holding official position and exercising arbitrary power in the then Territory of Kansas. The lawless acts of these men retarded the completion of the hotel until May, A. D. 1856, on or about the first day of which I took possession and commenced the occu- pancy of the premises. On the 21st of May, in the year aforesaid, the hotel was thrown open to the public; on which occasion, United States Marshal Donaldson; Sheriff Jones, of Douglas county, Kansas; David R. Atchison, ex- United States senator from Missouri, of which State he was then a resident; Colonel Titus, of Florida, and other associates of the sheriff, dined there. The afternoon of the same day said hotel was attacked by an armed mob, dignified by the name of a sheriff's posse, numbering, as nearly as I can estimate, 600 or 700 men, under the leadership and command of Samuel J. Jones, who claimed to be a deputy United States marshal, and who de- clared he had authority from the United States district court of the first district to demolish and destroy said hotel. About half-past three o'clock in the afternoon of said day, the town of Lawrence being then filled by said body of armed men, mob, or posse, I was first notified by said officer of his intention to destroy and demolish said hotel as " an abolitionist nuisance," and that I must move out with my family and property before five o'clock of said day, or the same would be totally burned and destroyed. I was thus allowed but one hour and a half to provide for my family and remove thousands of dollars worth of property from a building destined to the flames by means of an excited, drunken, and infuriated crowd of armed miscreants. No assistance could be obtained, and the removal of the prop- erty became impossible. I had barely time to procure conveyances for my family and to gather up a few articles of wearing apparel before a can- non was planted in front of the hotel and the ruthless work of destruction commenced. It not being safe to remain a moment longer, I, at the peril of my life, and amid danger to my family, drove away, passing through the crowd, a part of whom was busily engaged in demolishing the hotel and printing offices, while others were occupied in sacking and plundering the dwelling-houses and stores of Lawrence. A hostile feeling towards every resident of the town actuated the disorderly and inebriated posse, and the aid that I might otherwise have relied upon was by threats and fears withheld. Having left my family for safety ten miles distant, I on NEW ENGLAND EMIGRANT AID COMPANY. 19 the following day went back to Lawrence. The road leading to Missouri was filled with the debauched rioters returning from their work of destruc- tion. On my' arrival I found the hotel a mass of smoking ruins. This ■wanton, incendiary act was perpetrated by a mob principally composed of men from the States of Georgia, Alabama, South Carolina, and Missouri, acting as a marshal and sheriff's posse, and instigated thereto by its offi- cial leader, Sheriff Samuel J. Jones, already spoken of, who, the while, was riding to and fro, exclaiming, " This is the happiest day of my life 1" I furthermore testify and declare that some time before these acts of vio- lence were committed, threats were frequently uttered by individual and roving bands of pro-slaveryites, that " the Free State Hotel should be de- molished," " Lawrence should be wiped out," &c, &c. Such was long the threatening aspect of affairs that the citizens of Law- Tence held public meetings, and, by letters and committees, called the governor's attention thereto, and solicited protection from him, which was refused, he declaring " there is no force armed or approaching Lawrence, except the legally constituted posse of the United States marshal and sheriff of Douglas county. I shall in no way interfere with either of these officers in the official discharge of their duties." Formal appeals were also made by committees, in behalf of the citizens, to Marshal Donaldson, but with no better success. I furthermore testify and declare that on the 17th day of May, in the year aforesaid, I sent a communication io the governor, asking protection for the hotel against the destruction threatened by the mob in the marshal's posse. A verbal reply was received, expressing regret that I had taken possession of the hotel, and giving some encouragement for its protection. On the following day (May 18th) I had a personal interview with the governor and marshal. The latter gave a positive promise of protection, if no resist- ance were offered his force, but added, as a portion of the posse was clamor- ous for the destruction of the hotel and the printing offices, he wished time to consult with the captains of the companies. I therefore departed, and on the succeeding day (May 19th) I renewed my visit, when I found a great ■change in the manner, bearing, and language of the two officials. I was informed that the companies constituting the posse would be satisfied with nothing short of some destruction of private property. As a last resort, I made another appeal to the governor ; he disclaimed all authority over the force of the marshal, and stated he should not interfere with that officer's operations. He was solicited to summon Col. Sumner's force for the protec- tion of the property, but peremptorily refused; and upon its being represented to him that the marshal's posse had resolved upon committing unlawful outrages in Lawrence, he replied, the people of Lawrence must take such consequences as should ensue; that he could protect them by the United States troops, but should not do so. When told that such outrages as menaced would finally madden the people to the point of resistance and pre- cipitate the horrors of a civil war, he turned angrily away, and quit the room, exclaiming, " War, then, it is, by God." The result flowing from this refusal of solicited protection, and trom the anticipated subsequent procedure of governmental officials, I have already detai ' led - S. W. ELDRIDGE. Sworn and subscribed before me this sixteenth day of February, A. D. 186S ' N. OALLAN, J. P. [seal.] 20 NEW ENGLAND EMIGRANT AID COMPANY. D. Testimony in the matter of the memorial of the New England Emigrant Aid Company for indemnity for the destruction of the Free State Hotel, at Law- rence, Kansas, May 21, A. D. 1856. District of Columbia, Washington, ss : Before me, this day, personally appeared Samuel C. Pomeroy, who, being duly sworn, testified as follows : I, Samuel C. Pomeroy. of Atchison, in the county of Atchison and State of Kansas, testify and declare that in the years 1854, '55, and '56, I was interested and engaged in the operations of the New England Emigrant. Aid Company, whose purposes, as set forth in their charter, were to direct emigration westward, and aid in providing accommodations for the emigrants after arriving at their places of destination. These were the sole objects of this body corporate, and, to the best of my knowledge and belief, to these legitimate pursuits its movements were confined. 1 took charge of, and conducted to Kansas, one of the earliest of the numerous emigrant parties which availed of the advantages offered by this company, namely : reduced price of travel, first-class cars ; a conducting agent, to see to the comfort of all, and protect them from imposition on the route; a receiving agent, to take charge of them at their point of disembarkation, Kansas City, Mis- souri, near the territorial line; to advise them where to locate in the Terri- tory, and direct or accompany them thither. I had an office, at first, in the American Hotel at Kansas City, and subsequently an additional one at Law- rence, the first settlement made by the company within Kansas Territory. My location and official position brought me into direct communications with the several parties at the time of, or soon after, their arrival out, and I sub- sequently saw much of them during my various journeyings to and from among the various settlements, from time to time established, and I deliber- ately declare that a more industrious, peaceably-disposed, order-loving, law-abiding people than they are not to be found. They were bound by no pledges, and were under no obligations, save those which every good citi- zen, for his own benefit and that of all, owes to the community wherein he resides — to his country, and the great family of mankind. There were no paupers, no off-scourings of prisons, no bought men amongst them, as was as- serted and industriously circulated by the enemies of the movement, to cre- ate a prejudice and excite an opposition to it. I was the financial agent of the company, and as such made purchases of mills, saw and grist, which were put up for the benefit of the settle- ments. I also purchased for the company the hotel already spoken of at Kansas City; the animosity against the new-comers so greatly and rapidly increasing, it was deemed advisable to secure the control of suitable premi- ses for their temporary convenience, accommodations being elsewhere re- fused them, or allowed only subject to vai ious indignities. All of the emi- grants were characterized as abolitionists, a term which, by general accep- tation, was considered the vilest epithet that could be cast at them, and was equivalent to a declaration of outlawry. The great complaint by the Mis- souri and other pro-slaveryites was, that these northern and New England men would bring with them free State notions, and thus endanger the ex- tension and perpetuity of " the domestic institution" of slavery. Meetings were held in the various counties bordering on Kansas, at which violent, speeches were made, inflammatory resolutions passed, and vigilance com- mittees, with arbitrary powers, chosen, all for the one purpose of arresting this Kansas immigration, and thus check the liberty-loving spirit which per- NEW ENGLAND EMIGRANT AID COMPANY. 21 vaded it, shield all " chattel property," and stretch the power of slavedom over the Territory. Many prominent men, among them individuals holding- important official stations under government, countenanced and actively- participated in these doings. Notwithstanding all this, and the forbidding- aspect of the future, the tide of immigration steadily and increasingly flowed onward. There were, at this time, no public houses in Kansas, and such was, in consequence, the pressing need of accommodations of the kind — more especially at Lawrence, whither most first directed their steps, prepa- ratory to casting about for acceptable farm-claims — that I urged upon the company the importance, indeed necessity, of erecting a hotel there. This- I was authorized to have built, and I assisted in making the necessary con- tracts with masons, carpenters, &c, and the work was commenced in the- summer of 1855. Many vexatious delays were occasioned, and annoyances experienced, by the spirit of opposition widely outspread, so that the labor was not finished until the spring of 1856.. This was a commodious stone structure, elegibly situated, and admirably planned for the comfort and convenience of wayfarers. It was in dimensions 50 by 15 feet, three stories high, exclusive of a basement, and fitted and furnished at great expense. It had adjoining stables and other suitable outbuildings. It was superior to any establishment of the kind west of St. Louis. It was constructed throughout in a thorough, workmanlike manner. All bills were examined and paid by me; and the amount thus expended, not including any estimate of the value of the lots occupied as the site, was twenty-five thousand dollars, which sum, I think, is justly due the company for its loss. The completion of this hotel, known as the Free State Hotel, and some- times as the Eld ridge House, was hailed with joy by the settlers. It was considered creditable to the owners, and a valuable addition to the town ; and promised to be of inestimable benefit to visitors and others requiring a temporary home. There was a class to whom it proved highly offensive ; not the virtual residents, but the border Missourians and their coadju- tors, the advocates of slavery and the holders of bondsmen, who looked . . ... upon this and other permanent improvements going on as alarming evi- dences that the very foundations of "the peculiar institution" were to be violently shaken, if not completely disrupted. This was used as an addi- tional reason for throwing broadcast, through slave regions, inflammatory circulars and incendiary handbills, cunningly worded, to create and increase prejudices, and to arouse the ire of those addressed against the bona fide citizens of Kansas, renewedly stigmatized as the hireling instruments of the New England Emigrant Aid Company, purchased and sent out to control the elections of the Territory, shape its political institutions, and then return whence they came, to receive the wages of their iniquity. Armed bodies of men began to muster, march into the Territory, and encamp. These and others, in squads, roaming about, arrested, insulted, and even killed, in the highways, inoffensive residents peaceably engaged in or proceeding on their private business ; dwellings were pillaged; tean.s with furniture and goods of settlers were stoped on the roads and plundered of their contents, the owners, or those having them in charge, for any remonstrance, being inhumanly treated ; the United States mails were seized, and whatever of value they contained were abstracted and appropriated. My business re- quiring me to make frequent trips between Lawrence and Kansas City, I necessarily witnessed and became conversant with these high-handed, law- less proceedings. The reign of terror and misrule was at length extensively inaugurated ; menaces were daily uttered and manifested against free-State men and free-State settlements in general, but more especially against the indwellers of Lawrence, and the hotel and printing presses there estab- lished. The citizens held public meetings, and by written communications, 22 NEW ENGLAND EMIGRANT AID COMPANY. and by committees, caused representations to be made to Governor Shannon and to Marshal Donelson of the outrages being committed in the vicinity, and the apprehensions of the community ; and in view of the threatening aspect of affairs, soliciting seasonable aid and protection. These applica- tions, though oft-repeated, were of no avail. The danger of an attack becom- ing still more imminent, I, as chairman of the Committee of Safety of Law- rence, drew up a communication, which was signed by the whole committee and addressed to the United States marshal, in which, among other things, it was stated, " that we represent citizens of the United States and of Kansas, who acknowledge the constituted authorities of the government ; that we make no resistance to the execution of the laws, national or territorial; and that we ask protection of the government, and claim it as law-abiding American citizens." As the event will show, this declaration, with the ap- plication for indemnity for property taken by the marshal's posse, and pro- tection for the remainder, and for the citizens, met with no better reception than the citizens' appeals above referred to. This document was dated and sent to Marshal Donelson upon the 21st of May, A. D. 1856. On that day the Free State Hotel was first thrown open to the public. Early in the morning I observed, gathered around and upon Mount Oread, in the rear of the town, large numbers of men armed and equipped as artillery, cavalry, and infantry, with drums beating and banners flying, evidently assembled with no good intent. Conspicuous among others was a red flag, indicating no peaceful mission. About 3 o'clock p. m. Sheriff Jones entered Lawrence at the head of about twenty armed men, in advance of the many hundred men to which accessions were continually being made, and which he desig- nated his posse; these he stationed in front of the hotel, and then made a call for me, as representing the Committee of Safety. Upon my appearance he said he recognized me as one in authority, who could act for the people of Lawrence, and demanded that I should surrender to him all the rifles, cannon, &c, under a threat that otherwise he should bombard the town. Upon inquiring by what authority he made the demand, he answered as deputy United States marshal and sheriff of Douglas county, and that he would allow but five minutes to comply with the demand. Seeing no other possible chance of saving the town from impending destruction, and the citizens from great loss and personal danger, I, after consultation with my associates of the committee, agreed to give up the artillery, but nothing more, he giving an official receipt for the same. This he accordingly did. In the meanwhile large bodies of armed men — his posse, so called — continued filing into the town, and taking position near and in front of the hotel, under the command, among others, of David R. Atchison, Colonel Wilkes, of Carolina, Titus, of Florida, Major Buford, of Alabama, and Colonel Jackson , of Georgia. P. T. Abel, General Stringfellow, Marshal Donelson, and Deputy Marshal Train were also on that day in Lawrence. Jones having possession of all that he could obtain, then, to the astonishment of all, announced his intention to destroy the hotel and printing presses, they having been pronounced nuisances by the grand jury of Douglas county that should be abated. Remonstrances against such a procedure, especially under the implied promise by him made, were un- heeded, and he gave notice that destruction of the hotel would commence at five o'clock. Prompt to the hour, orders were issued by him to his mobo- cratic posse, who at once began the destructive work. The first attack was by cannon planted at 150 feet distance, on the opposite side of Massachusetts street, under the immediate direction of David R. Atchison. As near as were the cannon, and as large as was the object, many of the shot flew wide of the mark, and by those which hit it, such was its substantial character, little, if any, impression was made thereupon. Jones, therefore, acting as chief in command, ordered it to be blown up. Kegs of gunpowder were de- NEW ENGLAND EMIGRANT AID COMPANY. 2£ posited within, and exploded with some noise and much smoke, but without- occasioning material damage to the doomed structure. The United States official then ordered the torch to be applied, when the hotel was soon wrapt in flames and at length reduced to ruins. Previous to the destruction the red flag, with a central star, and, as a motto, the words " Southern Eights," was hoisted upon the hotel; and during the conflagration the asting marshal was riding about among the men, under high excitement of malicious joy, inciting and encouraging the men by speech and actions. The town was afterwards ransacked and pillaged, Governor Robinson's house burnt to the ground, and late in the day the actors retired for the night to their camping grounds. On the following day David E. Atchison, at the head of the Platte County Eifles, marched through Lawrence, crossed the ferry, and re- turned to Missouri. In the whole motley horde assembled on this occasion at the summons of Jones, I did not recognize a single settler; and I am fully persuaded that with few, if any exceptions, they were imported from Missouri and elsewhere for the iniquitous purpose which was accomplished. In this connexion I testify that the charge made against the citizens of Lawrence by Governor Shannon, in his letter to Messrs. Topliff and others, committee, &c, dated from the executive office, May 12, 1856, namely, that "they keep up a military or armed organization to resist the territorial laws, and the officers charged with their execution," was without any foundation in fact. 1 furthermore testify and declare, that the assertion con- tained, in the presentment of the grand jury of Douglas county, Kansas,, "that the building known as the 'Free State Hotel,' in Lawrence, has been constructed with the view to military occupation and defence, regularly parapetted and port-holed for the use of cannon and small arms , and could have only been designed as a stronghold resistance to law, thereby en- dangering the public safety, and encouraging rebellion and sedition in this country," is utterly false, as said grand jury might and should have known, before making so heinous a charge, endangering the property and lives of" thousands, and acting thus under the sanctity of their oaths of office. SAMUEL C. POMEEOY. District op Columbia, Washington County: On this nineteenth day of February, in the year eighteen hundred and sixty-three, before me, the undersigned, a justice of the peace in and for said county, personally came Samuel 0. Pomeroy, and made oath in due form of law, that the facts and statements mentioned in the foregoing and annexed- test'imony, are true to the best of his knowledge and belief Sworn before me. r SEAL -| N. ALLAN, Justice of the Peace. E. , Testimony in the matter of the memorial of the New England Emigrant MX Company, for indemnity for the destruction of the Free-State Hotel, at Law- rence, Kansas, May 21, A. D. 1856. District of Columbia, Washington County, ss : Before me, this day, personally appeared J. M. Winchell, who, being duly- sworn, testified a» follows : . I J M Winchell, testify and declare that I was in Lawrence, Kansas, at; the' time 'of and prior to the destruction of the Free State Hotel there lo- 24 NEW ENGLAND EMIGRANT AID COMPANY. cated; that threats were repeatedly uttered by those who were in favor of introducing and maintaining slavery in that Territory, against the property and the lives of those who favored and approved the doctrine of freedom for all. These threats proceeded, not from citizens, but from persons who, I have good reason for believing, came from Missouri and other sections, and who were unlawfully interfering with the rights and privileges of the bona Jlde inhabitants. These threats and corresponding movements excited much uneasiness in the minds of the citizens. At length, from the gathering of large numbers of unknown persons in the immediate vicinity, armed, and otherwise exhibiting a warlike appearance, and from the frequent arrests by them made on the public highways of peaceable, unoffending citizens, and also from the almost daily depredations committed on individual property, -caused such an alarm that public meetings of the citizens were held, and resolutions passed to address Governor Shannon, by letter and committees, setting forth the apprehensions entertained, directing his attention to the fact that multitudes were hovering about the neighborhood, not only with no evident good reason, but, from all appearances, for base purposes, and calling upon him for aid and protection. The governor denied there was any just cause for alarm, and refused protection. A similar application was made to United States Marshal Donelson, with no better result. I furthermore declare that on the morning of May 21, A. D. 1856, I saw a large gathering of men, variously armed, on Mount Oread, in the rear of Lawrence, with flags flying, and with every indication of an intention to make a descent upon the town. About three o'clock p. m. they, to the num- ber of many hundreds, marched in, with Samuel J. Jones at their head, on horseback. They were by him arranged in front of the hotel. He then summoned from the hotel the town's committee of safety, and demanded of them the guns, rifles, &c, in the place. To the inquiry by what authority he made the demand, he replied, as deputy marshal and sheriff of the county, and he allowed five minutes for a decision. All the public arms were surrendered, he receipting for them in his official capacity. He then announced his intention of destroyiug^the Free-State Hotel and the printing presses, they having been declared, by the grand jury, nuisances that should ibe abated, and he intending in his official position to govern himself accord- ingly. He was remonstrated with in vain, being deaf to all appeals. At ■quarter-past three o'clock p. m. he notified Colonel Eldridge, the lessee, that .he must abandon the premises, and that he would be allowed an hour and three-quarters to remove his family and furniture. At five minutes before five Jones gave notice that at five o'clock he should commence the demolition of the structure. Prompt to the hour he issued his order, and the work of destruction began, and was steadily followed up to its completion by the .armed mob acting as his posse; and throughout under his direct supervision, -and with his co-operation; he riding back and forth uttering various excla- mations, and stimulating them to increased exertions. Prominent among Jhis aiders and abettors I saw David R. Atchison, ex-United States senator from Missouri. Prior to destroying the hotel, a red flag was raised above its roof. Amid the incendiary mob the South Carolina palmetto flag was ■quite conspicuous. The first attempt at destruction was by means of can- non planted on Massachusetts street. After the discharge of between twenty and thirty balls without making any material impression on the walls, Sheriff Jones ordered it to be blown up with gunpowder; and this recourse being ineffectual, the torch was resorted to, and thus the 'structure was reduced to a mass of smouldering ruins. The posse then let loose forcibly entered houses and stores, plundered their contents and insulted their inmates, after which the depredators retired to camp, and finally dis- NEW ENGLAND EMIGRANT AID COMPANY. 25 appeared from the Territory, returning to Missouri, or elsewhere, whence they came. I furthermore declare that various facts and circumstances relating to this raid and high-handed outrage, to the truth of which I hereby certify, are set forth in a memorial signed by myself and eight other citizens, bear- ing date, Lawrence, K. T., May 22, 1856, and which I understand to be em- bodied in a report on Kansas claims made to the United States House of Rep- resentatives, March 2, 1861, by Mr. Tappan, from the Committee of Claims, and constituting volume 3, part 1 of Reports of Committees, second session, thirty-sixth Congress.— (See pp. 29 to 41.) I furthermore testify that a few months prior to the destruction of the hotel, hereinbefore referred to, I was on business in Kansas City, Mis- souri, where I heard threats of the destruction of Lawrence, and remarks that, inasmuch as the river was about being closed, it was thought to be a favorable opportunity for cutting off the free-State men in the Territory, and that Lawrence was the first place to begin with. I saw men passing out or through the town armed, and these uttering threats, yelling, and whooping in a very disorderly manner. These men offered their services. to Governor Shannon as a part of militia of the Territory. I visited the governor, and represented to him that he was misinformed in regard to the state of affairs in Kansas Territory. He expressed a fear that he might have been misled by reports as to the disposition of the people of Lawrence and the Terri- tory. He said the people of th.e border counties of Missouri had been ex- cited to a state of feeling that he feared was beyond control. He wished to avoid any outrage being committed on Lawrence by the force assembling in the vicinity, and was determined to protect the people of Lawrence by all the means in his power, but should require them to deliver up their arms. He admitted that travellers were being stopped on the highway. The day following the interview I again saw the governor, who stated that a depu- tation from Lawrence had visited him, and that he was confirmed in his be- lief that he had misunderstood the people of the Territory; that he would order Colonel Sumner, at Fort Leavenworth, to march his force directly to Lawrence, and quarter it in the town for its protection; that he should no longer insist upon the people of Lawrence delivering up their arms; that he hoped, with the aid of some prominent men who lived in Missouri, to re- strain the force then assembled near Lawrence, and induce them to disband and return to Missouri ; that he had received letters from Sheriff Jones and General Strickler; that the letter of General Strickler was temperate and moderate in its tone, but that from Jones of the opposite character. On my way to Lawrence I saw numbers of men proceeding in the same direction with myself. They were armed, and stated that they were resi- dents of Missouri, and were going to assist in the extermination of Law- rence. On arriving at Lawrence I made known to the committee of safety the governor's views and wishes. Little confidence was placed in his good intentions, and there was a difference of opinion as to his good faith in the matter. It was determined unanimously, however, to act strictly on the defensive as against the men surrounding the town, and endeavor to set the government right, as far as the position and motives of the people of Law- rence were concerned. Colonel Boone, of Westport, Missouri, expressed deep regret at the course matters were taking, and stated that the men (then encamped a few miles dis- tant, numbering, according to Governor Shanon, 1,200) were almost uncontrol- lable, and desired to destroy Lawrence and everybody in it, and compared them to a pack of hyenas. , . Previous to my return to Kansas City I had an interview with Sheriff Jones. He appeared to he very much excited because a patrol, as he entered the town, H. Mis. Doc. 29 3 26 NEW ENGLAND EMIGKANT AID COMPANY. rode in with him. He swore he would go in and out of Lawrence whenever he chose without any escort. He said he should resign his office in case any arrangement was made by Governor Shannon to dispense with the service of these men, who had assembled, he said, to aid him in making contemplated arrests. * At my first interview with Governor Shannon he stated the force assembled at Lawrence was a posse of the sheriff, and had a right to be there. Sheriff Jones declared that he had summoned the volunteers as his posse, and that they were such. Among threats which I heard at Kansas City some were uttered against the American Hotel there, as being obnoxious in the same way as was the city of Lawrence. Threats were made that it would be destroyed, and much anxiety was felt by its inmates, of which I was one, and by the citizens generally. I understood the ground of the hostility to be, that it was kept for the convenience of northern immigration to Kansas Territory. That, so far as I know, was the exclusive ground of hostility to the hotel. During my tarry at Kansas City I frequently saw parties crossing the Mis- souri river on their way to join the forces investing Lawrence. I counted at one time seventeen armed horsemen in one of these parties, who uttered the most hideous yells, and shrieks, and threats against the abolitionists. I saw similar parties returning across the ferry at Kansas City. J. M. WINCHELL. Sworn and subscribed before me this 20th day of February, A. D. 1863. N. CALLAN, [seal.] Justice of the Peace. F. Testimony in the matter of the memorial of the New England Emigrant Aid Company, for indemnity for the destrttction of the Free-State Hotel, at Law- rence, Kansas, May 21, 1856. District of Columbia, Washington County, ss: Before me this day personally appeared William Hutchinson, of this District and city, who, being duly sworn, testified as follows : I, William Hutchinson, testify and declare that I resided in Lawrence, Kan- sas, from April, 1855, to 1861, and was familiar with all the troubles attending the early settlement of the Territory. It was in the fall of 1855 that the first conflict of arms, known as the Waka- rusa war, broke out, and early in the spring of 1856 the difficulties were renewed. These difficulties were nothing more nor less than the government arrayed against the people. In all cases of conflict which I witnessed there was always some agent or pretended agent of the government at the head of the forces on one side, who, in numerous instances, would read proclamations or edicts from then- superiors in power to the people of Kansas, who were at this time called to arms for defensive purposes. Their homes were first molested by armed bands from Missouri, who robbed, plundered, and even murdered our citizens. As a natural consequence, large forces were soon collected for self defence, and this again brought a larger army of invasion. When such an invading army, or more properly a mob, several hundred strong, were around Lawrence, lurking mostly in the vicinity of Lecompton, the grand jury, who were in session at that place, under the advice of Judge Lecompte, made a most unparalleled present- ment, declaring "that we are satisfied that the building known as the Free-State NEW ENGLAND EMIGRANT AID COMPANY. 27 Hotel, in Lawrence, has been constructed with the view to military occupation and defence, regularly parapeted and port-holed for the use of cannon and small arms, and could have only been designed as a stronghold resistance to law, thereby endangering the public safety, and encouraging rebellion and sedition in this country, and respectfully recommend that ste*ps be taken whereby the nui- sance may be removed." The notorious Buford regiment, of Georgians, with others from several ot the southern States, were already hovering in sight of the doomed city, awaiting some pretext for pouncing upon it. The 21st of May, 1856, was near. Upon rising from our beds on that morning, a large force, some eight hundred in number, an army even for that time and that country, was seen on Mount Oread, about a mile south of what was then the settled por- tion of the city. During the forenoon the officers commanding that force rode into town attended by an escort, but they were not very communicative towards the people. Noon came, and Colonel Eldridge, who was then keeping the Free- State Hotel, as a public house, invited several of these officers to dine with him; among these were Marshal Donaldson, Deputy Marshal Jones, Ex Vice-Presi- dent Atchison, Colonel Titus, a Major Jackson, of Georgia, Dr. Eoderigue, who were all of the posse and forces assembled against Lawrence, at the command of Marshal Donaldson. These I saw partake of a free dinner, with wine and other liquors furnished in abundance. This was the first opening of the hotel to the public ; but Colonel Eldridge, with his family, had been in it about a month, getting together supplies for the tables and furniture for the rooms as fast as possible, and it was understood then that this preparation was about over. This hotel had been built during that spring and the previous year, by the New England Emigrant Aid Company, at a heavy cost, as everything bore exorbitant prices there then. Pine lumber was all transported from St. Louis, and some- times cost, delivered in Lawrence, ninety and one hundred dollars per thousand. I was building a large store the same year, and know the inconveniences and expense attending it. This hotel must have cost in the vicinity of twenty-five thousand dollars. It was elegantly furnished ; the furniture, equipments, and contents being abundant, of the first quality, and equal to those of the first hotels in the eastern States. Under the circumstances detailed, the personages above named partook of the first public dinner. After dinner they returned to their forces on the hill, and some of them made speeches to their men, instructing them that they were about to destroy the famed Free-State Hotel, and urging them to make thorough work of it. Under the command of the United States marshal of the Territory, they marched down from Mount Oread, with cannon and other arms, and halted in the outskirts of the town. Deputy Marshal Jones then took some ten or more men, rode up the main street, and halting in front of the hotel, called for General, now United States Senator, Pomeroy. He came forward. Jones demanded all the public arms in the town, and gave him five minutes for an answer. General Pome- roy called a council of the town's committee of safety, that then existed there, of which I was a member, and which were already in the building, and in due time he announced that we had no public arms, but if any could be found, they, with the cannon, should be given up, Jones officially receipting for them. Jones after- wards said that the hotel should be destroyed. He was asked his authority for such proceedings. He replied, he was acting as United States deputy marshal and sheriff of Douglas county. I remember that part of his language distinctly, and was particular at that time to get all of these points correctly, as I was then a correspondent for the New York Times, and reported the facts as I saw them. Jones furthermore said that he had come to teach the people of Lawrence that he could perform his legal business here without being shot at ; and he declared that, as deputy marshal, he would give Colonel Eldridge and family one hour and a half to get out of the hotel with their property. Colonel Eldridge re- 28 NEW ENGLAND EMIGRANT AID COMPANY. fused to move anything, saying, if they would do that, after he had treated them well and given them a dinner, they might take the whole or none ; but, mean- while, his family gathered up a few valuables, such as silverware, and at the ex- piration of the time they all rode off in a carriage, leaving Jones and his posse in sole possession. About this time the whole force of nearly a thousand had been let loose upon the town, and for a time plundering was the order. Every room and trunk in the hotel were searched and robbed. After the mob became somewhat satisfied, General Atchison, in a measure, took charge of them, and ordered his cannon placed in front of the hotel and not over 200 feet distant, preparatory to a general bombardment. The hotel was built of stone, laid up in what is called concrete form, with walls from one foot to two feet thick. It was not intended as a fortification, nor built like a fort, any more than any ordinary house. It had no port-holes, or rifle embra- sures. It was to have been completed by the fall of 1855, but the war difficul- ties prevented its completion till the next spring. It was three stories high, be- sides a basement under the whole, and the size was 50 feet by 75. With such a mark Atchison commenced his cannonade. I saw him direct and elevate the first piece, as engineer ; he stood near and gave the order to fire. The guns were six in all, and ranged from six to twelve pounders. The light guns were soon laid aside, as none but the largest would penetrate the walls of the build- ing. After firing nearly an hour, and finding they had only pierced it with a few holes and that the process would not destroy it, they ceased firing and put sev- eral kegs of powder in the cellar and ignited it with a fuze, saying they would blow the building up. To their great surprise, this produced no shock, and only cracked a few windows. The last resort was a general burning by setting fire to the beds, and then the hotel was soon in flames. This last order to burn was given by Deputy Marshal Jones, and before night the structure crumbled into a heap of ruins. During these proceedings the citizens of the town were not present ; except perhaps half a dozen, all had moved out in the morning to places of safety. I was one of the few who did not leave, and was constantly observing the move- ments of the mob. While they were cannonading the hotel I was within speak- ing distance of them, and distinctly heard Atchison direct the pointing of the first gun, which, after all his engineering, did not hit the building. The citizens of the place, at this time, for prudential reasons, had resolved to make no resistance, and we had no armed force to meet the enemy with on that day. We felt that we would rely on the government officials once more, believing that they could not have the cruelty and recklessness to demolish so fine a structure as was that hotel. Should they do it, it was argued it would be just cause for us all to rise to arms against our oppressors, even though the op- pressors should be no less than the agents of that government which was pledged to protect and sustain its people against invasion, and to secure them domestic tranquillity, and the enjoyment of life and liberty. It was under these circum- stances that the finest hotel, at that time by far, west of St. Louis was demol- ished by a mob led by United States marshals; and the loss was very severe, not alone to the New England Emigrant Aid Company, but to Lawrence and the whole Territory, as the. influx of visitors, emigrants, and settlers into the Terri- tory was very great, and hundreds had to camp out, shelter in houses not being procurable. WM. HUTCHINSON. Sworn and subscribed to before me this 21st day of February, 1862. JOHN S. HOLLINGSHEAD, Notary Public. ©