016 089 539 1 Foot Notes ON Kansas Pi i story By R. G. Elliott «s Lawrence, Kansas 19 O 6 I ntroductory. This historical brief is submitted, not with the expectation of turning back to its natural channel the current of Kansas history which has been inverted and appropriated for fertilizing of the arid preserves of non-resident claiments, for re-claiming the arid wastes of an unsuccessful promoter, flushing sewers, and other private uses, 'till hardly a swimmin' hole is left in the natural channel for the dis- porting of the descendants of those who first struck the fountain from which gushed the waters that should be for the delectation of the whole people. This inverted stream has swollen to an overflowing tide in which orators love to disport, whenever the magic name of Kansas awakens in their minds a train of sparkling thought impatient for utterance; and sweeping with it down the current of time, both wreckage and historic treasures. Floating in its current in Kansas City in 1902, Secretary of the Navy Moody discovered that "It was the men, money and association of Massa- chusetts that set Kansas Territory on the side of freedom." And our governor, in a late address at St. Louis, for the delectation of a distinguished assemblage, taking a header into its lambent waves brought up a record of the "money and brains furnished by Massa- chusetts," credited erroneously, with the redemption of Kansas- with the still greater salvage, the form of a discredited and rejected high official that had dropped from the electric chair of state, un- shrived and unmourned, now transformed by its regenerative waters into "One of the best of Kansas governors." Only an Athanasijjfus could stem such an engulfing tide, flow ing unvexed in its deepening channel for half a century. But as in the court of history no statute of limitation runs, a protest will be per- mitted againsc the mis-statements, perversions, misconceptions and distorted views that form the most striking features of our Kansas histories; untraversed till they are accepted without thought, and repeated till they have become part of the public consciousness. To their errors are added the neglect of the formative conditions out of which the Kansas issue sprung, and the hidden forces that wrought its solution. 2 FOOT NOTES ON KANSAS HISTORY. These histories, and even the floating scraps that find circu- lation through literature are all so harmonious in theme and method- ical in their misconception, as to indicate a common source of both inspiration and information — some Master of the Rolls — issuing prepared and stamped copy; verifying the dictum of Napoleon that "History is a fable agreed upon." CORRECTIONS. The chief postulates of all these versions of Kansas history will be found in the "Kansas Conflict," a book widely accepted as the authentic Genesis of Kansas history, in which the author writes himself down as the Joshua of the Conquest. They are: First; "The decree of the slave power had gone forth that Kansas should be a slave state, and that power in Church and State, in Synod and Congress, was Omnipotent." Second: "A slave state bordered Kansas on the East, con- taining a population sufficient in number and daring to settle several territories, bold, blustering and reckless, and aroused to the im- portance of the conflict." "There were bowie knives, pistols, shot- guns, rifles and cannons in the hands of the Philistines on the bor- der [A whole brigade in buckram] and the attempt to occupy the land by the ordinary method of settlement would have been futile. Nothing short of concerted action by the friends of freedom could avail." Third: A most searching question! "Who could be found to go to Kansas, with a certainty of a hostile greeting of revolvers, bowie knives and all the desperadoes of the border? At length, after great labor, a party of twenty-nine men, who were willing to take their lives in their hands went to Kansas in July, 1854- These men were regarded with as much interest as would be a like number of gladiators about to enter into deadly conflict with wild beasts, or with each other." [Was this in the land of Oz?] Fourth: "But their example was contagious, and, as they were not slaughtered on their arrival, other parties soon followed, as well as men without parties from all the Northern States." Fifth: "On or before the passage of the bill opening the Territory to settlement men from Missouri rushed over the line, marked trees, drove stakes in every direction. No claim could be taken by a free state man to which a pro-slavery man could not be found to assert a prior claim." FOOT NOTES ON KANSAS HISTORY. 3 Sixth: "No sooner had definite arrangements been made for a permanent settlement of Lawrence than the conflict began in earnest. The first act in the drama was to be the ejectment of all Free State men on the pretense of prior claims to the land." AS TO THE FIRST POSTULATE. Kansas was never in danger of becoming a slave state by election, or of having slavery permanently forced upon it, other than a tentative and timid institution of precarious tenure, already existing under the protection of the constitution during the Terri- torial period. But foredoomed to abrupt excision at the termina- tion of that period by a hostile population, that by the impelling laws of migration were overwhelming it — a people of threaten- ing mien, before whose presence it would slink away without wait- ing for the order of dismissal. That such was the confident as- surance prevailing throughout the West, from whose hives poured out the human swarms that peopled the opening lands on the frontier, is shown by the fact that in that region where the destiny of Kansas was of more personal concern to the people, its lands claim- ed as the rightful expectancy of their friends and kindred — no effort to promote emigration was made. But spontaneous swarms set out immediately on its opening; some even a year in advance, stimulated by the passage of the organic act by the House of Representatives in 1853. They were not urged, but moved by the impetus of that manly spirit of independence of the true pioneer that prides in its own initiative, scorns leadership, and avoids the entanglements of organization; and in choice of new homes, as noted in the first message of Governor Reeder, who had traversed it as his first official service, "Dispersing over a district of more than 15,000 square miles." Thus they were secure in their pos- sessions, and avoided the spontaneous ignition that afflicted the compact Eastern colonies, and brought upon them the ravaging hordes from over the border on the pretext of extinguishing a dangerous conflagration. Had there been any doubt of final results this migration would have been diverted to Iowa and Nebraska, the former of which, with its vast area of inviting and vacate lands had been its haven be- fore the opening of the more attractive lands of Kansas. The "Decree of the Omnipotent Slave power that Kansas should be a slave state," is the fiction,- a morbid fancy; not in har- mony, but in conflict with the political records of that time. The Slave power was not omnipotent; it was powerful only in the 4 FOOT NOTES ON KANSAS HISTORY. councils of the Nation; and thtre by the exercise of skillful political diplomacy, solidarity of interests, unity of purpose, harmony of action, directed by trained advocates who held control by virtually a life tenure of office, and exercised it by tipping the scales between the two great national parties. In its physical embodiment it was impotent and timid; holding its established position more by inertia than by vital force, in contrast with the free North expanding with increase of population and industrial activities. Blustering, but cowardly, it shrank from unfriendly contact. Demanding for its support rich soil and broad acres it moved timidly to new lands behind an advance guard of friendly non-slave holders. Missouri furnishes a convincing example by which to diagnose and demonstrate this proposition. Settled with slavery under Span- ish and French dominion guaranteed by treaty of purchase; isolated by unorganized territory on the south, west and north, and on the east by the wide expanse of vacant lands in Indiana and Illinois that engulfed the full tide of migration flowing along its zone; population not pressing upon its Mississippi boundry till the organ- ization of Iowa in 1838 gave it a more northerly outlet, enabled slavery unchallenged to establish its pre-emption right to an im- perial domain. Her contact with Kentucky and Tennessee gave an outlet to the cunent of Southern migration, that, seeking an outlet was flowing along its northerly channels, and at its outflow was deflected by the fordbidding frontage of later organized Ar- kansas, up the broad, rich and secure valleys of the Mississippi and Missouri to the limit of safety on the western boundry. This inflow of population was the controlling factor in shaping the destiny of the state. Coming mainly and in the order named, from Kentucky, Tennessee, Virginia and North Carolina, bringing their customs and ideas of social organization, they constituted as veterans in i860 more than one-fourth of the entire American born population of Missouri. But enfolded by this indomitable and friendly population, slavery approached the unprotected frontier with stubborn hesitation. While in the state the slave population was ten per cent, of the whole, and in the fertile river counties, ommiting St. Louis and the extreme counties on the north, over seventeen per cent., in the northern tier bordering on Iowa the percentage was one and one quarter; in the second tier, five; and in the third, nine and two-thirds; almost an average. A protection on the north of sixty miles of neutral zone. On the west and south, as far as unprotected by the broad Missouri river, and omitting four counties, Jackson, Cass, Johnston and Green, where special kindly FOOT NOTES ON KANSAS HISTORY. 5 conditions prevailed, forty-two counties, forming a broad band of one hundred miles in width, contained only three and one-half per cent of slaves. A human caterpiller, voracious and defenseless; to be spurned, not feared. However, the advocates of slavery might bluster, no intelligent fear could be entertained of such a timid and dependent institution being transplanted in an area under the flood-gates of a hostile population flowing in an ever increasing volume. Even in the hotly belligerant regions of the South its strength lay behind its entrenchments and in defensive maneuvers. The South was a land that decimated its inhabitants, casting out the free born heir to make room for the son of the bond woman. Henry A. Wise, one of the most sagacious of southern states- men, moved by the convulsions of that period, and sensitive to the decadence of his beloved Virginia, in an address deplored: "Our young men, over their cigars and toddy have been talking politics and the negroes have been left to themselves until we are all grown poor together. With all our rich endowments by nature, we have driven people enough from our borders to people other states now more populous than ourselves, state upon state of which we are called mother." The Federal census of i860 records more than 730,000 residents of the Northern states, the survivers of more than half century's migration who had abandoned their homes in the more attractive south land in disregard of the law of normal migration along the zone of nativity, to get away from the contamination of slavery:, the more thoughtful of them to escape with their families the dies irae, the undifined dread of which in timid minds veiled the future with portentous clouds, and troubled their dreams with the horrors of San Domingo, then widely flaunted as the threatening result of hostile agitation. Here was an army in its personnel, virile, independent, self- reliant, resourceful, of high moral purpose and stubborn convictions — determined as such by the reason of their self elimination — in numbers more than double all the. slave owners of the entire Nation, which was, by the census, less than 350,000 — and granting an ad- ditional equal number of voters — owners in expectancy — still sur- passing them. This movement — it might be termed a flight — beginning with the opening of the northwest by the Ordinance of '87, furnished the controlling pioneers of Ohio, Indiana and Illinois, and with the migration from the contiguous state of Pennsylvania, of like 6 FOOT NOTES ON KANSAS HISTORY. political ideas and kinship of origin, became the prime factors in moulding the institutions of those states in their enduring form and symmetrical propositions. It was the descendants of this northwestern composite, im- " bued with the political faith of their fathers, that through heredity had become an instinct — ambitious to repeat their experiments as state founders, bearing with them the germs of the new culture, reinforced by a direct emigration from the South moved by the repellant force of slavery, all drawn westward by land hunger, that ^ with stubborn tenacity held possession of Kansas and rescued her from the disasters of a bloody conflict that had been provoked and aggravated by a friendly but unnecessary and unwise intrusion by noble and sympathetic friends laboring under a spell of nervous apprehension, and raised her to the proud position she now occupies. Except on the western border of Missouri, stirred by the human passion prevalent since the days of Ahab, to seize adjoining territory and hold it in harmony of interests, and provoked to resentment and , retaliation by a threatening, hostile crusade that invited conflict byt the boasted magnitude of its propositions, and reprisals by the blundering weakness of execution, there was no effort on the part of the South to take possession of Kansas. The blustering and bloody! raids organized on the border, that swept around Lawrence as the center of resistence, enlisted their forces — only a moiety of_y whom had any interest in slavery — under the specious pretext of enforcement of law, and the suppression of insurrection; a mask rashly tossed to them by their victims that served as a legal indulgence for the commission of crimes prompted by the irresponsible life of the plainsmen. It required less credulity on the part of the inhabitants of border than the author of the "Kansas Conflict" presumes on the part of his readers, to justify their alarms for the safety of their institutions and to account for their savage barbarities in combat with an imaginary foe, at first looming up in frightfull proportion, but on first contact found to be defensless. As re- corded by the organizer of the cr usade, 40,000 promoted emigrants were to be projected on the pla ins of Kansas within two years, with the advance establishment of manufactures, hotels and all the adjuncts of civilization with a basis of $500, oood capital. The first of a series of invasions designed to establish a cordon of free states extending to the gulf. First years material results: A five months belated, second hand, out of date, balky saw mill; three sod and grass covered tents for public accomodation, with FOOT NOTES ON KANSAS HISTORY. 7 a bitter conflict verging on bloodshed over the town site of Law- rence, provoked by lawless encroachment on the claims of prior settlers. As to the personnel: The five companies of Crusaders/ numbering some 750 in the aggregate, enlisted with strenuous effort, dwindled from desertion to 187 voters as credited by the census of the following February to the whole of New England. And of the brave "twenty-nine" "who took their lives in their hands" and broke through the serried ranks of the Philistines on the border," the names of only sixteen are found on the poll book ' of the November election — the roll call of the forces joining issue for the first conflict, or on the census roll of February. There is no evidence that the controlling element of the South, had any organized purpose or even expectancy of taking pos-( ' session of Kansas. On the contrary they had permitted without obstruction the passage of the bill by the House of Representatives in 1853 organizing the Territory under the law excluding slavery. Senator Douglas seeing in the measure the means of winning favor with the dominant South, reported it at the following session with the Missouri Compromise annulled, the Territory divided into North and South, dividing and diverting the northern mi- gration, thus offering the South a forlorn hope by concentrating on contiguous territory. This Dead Sea fruit was accepted for its attractive exterior; as a token of reconciliation from the North; a restoration as they considered it of their title to an equal share in the common domain. It was regarded of no geographical or \ commercial value to them, but debated as a legal proposition ad- \ justing their constitutional rights, and submitting to the ultimate source of power for determination, a question that was convulsing the Nation and which the Congress found itself unable to settle. That this was the view quietly acquiesced in by the South is shown by thoughtful editorials in leading journals that gave expression to Southern opinion. The New York Courier, a paper of Southern sympathies, recorded: "If we are to judge by the general silence of their journals, the people of the South take but little concern in the struggle going on for the control of the two new Territories. Having essayed to assert principles by wiping the compromise line of 36 degrees, 30 minutes out of existence, they seem indisposed to carry the contention farther." The Richmond Whig — than which there was no paper ac cepted as of higher authority in expressing the intelligent de- termined purposes of the South — at the time when the East was in convulsions over the imaginary danger of Kansas, published: "We 8 FOOT NOTES ON KANSAS HISTORY. are tired of this everlasting commotion about negrodom. The Southern people are tired of it and they want peace and quiet if it can be obtained without the sacrifice of their inalienable rights. When the question of the repeal of the Missouri Compromise was presented to them by a Northern Senator they naturally took sides in favor of the appeal. Whether it resulted in any practical advantage to them or not was not so much a matter of consideration as was the repudiation of a principle; unfair and unrepublican. They only asked of their Nothern brethren to be admitted on equal terms with them into the territories of the United States, Having obtained this in reference to the territories of Kansas and Nebraska the South is content. As to the existence or non-exist- ence of slavery in those territories, it is a matter that must be de- cided by the natural course of events. The South has taken no steps to fill up those Territories with emigrants, by the aid of emigrant societies or to enter into any sort of scramble for the ascendancy there. She is content with the right of the Southern emigrants to remove to Kansas or Nebraska with their slaves, and that right she intends to maintain whether her people choose to go there or not. If the North gains the practical advantage in the end by Kansas and Nebraska coming in as free states, let them have it. While they gain the advantage by the free un- trammeled decision of the people of those Territories, the South will never object. Further agitation therefore by the North can result in no practical good. All the South asks is to be let alone; and why not let us have peace?" Like views were expressed by the Baltimore American and other leading Southern papers; and there seemed to be through- out the South a general acquiescence in the doctrine of popular sovereignty, as enunciated by Douglass. Even Preston S. Brooks, the most firy and belligerent champion of the South, in a speech in Congress on the Kansas question said: "We of the South would prefer that she be a slave state; yet we hold ourselves prepared to vote for her admission, even with constitution rejecting slavery, if that is the clearly ascertained will of a majority of her citizens." Mr. Davidson, of Louisiana, representing one of the largest slave- holding districts in the Union, said in Congress: "Where slavery is not profitable the people will not have it. It is not a matter of vital- ity whether the people of the Territories will, or will not have slavery; but it is all important they should be left to decide for themselves. Let them decide for themselves, and I, for one will never gainsay their decision." FOOT NOTES ON KANSAS HISTORY. 9 Even Senator Brown of Mississippi, declaimed in the Senate: "Breakup your emigrant aid societies at the North, and all inter- ference from the South will cease. Then Kansas, being left perfectly free to regulate here domestic affairs in her own way, may assemble her people in convention, frame her constitution to suit herself, admit, or exclude slavery as she pleases, and she will be welcomed into the Union with open arms by every friend of free institutions from the Aroostook to the Rio Grande, and from the Atlantic to the far off Pacific." While this quiet acquiescence, on the part oi the South, was un- doubtedly of free will, it was equally without doubt that it was the painful consciousness of her limitations — impotent to stretch out her limbs except in the kindly zone of her nativity — that reconciled her to the irony of fate, that, offering her an equal opportunity with the North in the apportionment of the public domain, cast the foundations of two new states instead of one, into the balance against her. Decimated in ranks, and encumbered with human property not to be risked in uncertain surroundings, in a contest for the possession of a state, the South was a tortoise to the Northern hare, with her abounding, restless population, sweeping westward in an ever increas- ing volume in the race for empire. Next to her constitutional inability, the most serious impediment in the way of the South, hindering her expansion, was the pre-emp-/ tion law, made for the benefit of the poor home-seeker, confining its beneficiaries to 160 acres of land; hailed at the time of its passage in 1841, as the Magna Charta of Freedom. Reinforced by the fitting parallel of latitude, Governor Walker's isothermal, it became the dead line beyond which slavery could not safely go, except in an attenuated form where family attachment and mutual dependence were stronger I bonds than legal enactments. Not a few of the 192 slaves returned I on the first census were of this character. An aged couple, relics of this class, faithful through all the stormy troubles, still cling to the old homestead on the bottom above Lawrence, serving, and cared for by the third generation of their old Kentucky master. As to the second and third postulates: It would be difficult now to disprove that such grotesque misconceptions were prevalent in New England at that time. It is in the domain of intellectual refinement, when morbid anxiety is epidemic, that savage bogies swell up in their most threatening proportions. But that a generation after their ex- posure, such gross misconceptions, not to say fabrications, should be recorded by first hand, as sober and fundamental facts, is a base im- io FOOT NOTES ON KANSAS HISTORY. position upon a generation sensitive with sympathetic credulity, and a crime against history. No obstruction to Northern immigration, either overland or by j ? river, was offered the first season, nor during the second, except for a | few days prior to the election of March 30, when the leaders of the border, troubled with the nightmare of an imaginary avalanche of "pauper votes," that they might not be able to overslaw, conspired with the owners of the boats on the Missouri, to flirt with the numer- ous sand bars that hindered navigation. The most aggravated case being that of the "Chambers," that defrauded Colonel Sam Walker, with a numerous company from Ohio, into disembarking at Boonville^ and making his way to Kansas, belated and under painful difficulties. Except for these efforts to delay, there was no interference till the stress of armed hostilities, that had been fanned into flame by the ; 7 . cowardly attempt to assassinate Sheriff Jones while in the exercise of I his official duties, and into a fierce heat by predatory bands from the far South, that had responded to an importunate call for help from the border, brought into activity all the resources of irregular warfare. On the contrary there was rivalry among river craft to secure pas-i sengers at the reduced rates effected with a representative line by the Aid Company — $10.00 a trip, including board, often a week's — gener- ous, and on the higher class, sumptuous, dispensed most generally with Southern hospitality. Boats conducted otherwise usually proved to be adventurous intruders. The most complete and convincing exposure of the falsity of these charges against the Missouri border, is of record in the Mis- souri Republican, the exponent of Atchison democracy — resolutions offered by Rev. Mr. Cheney and passed by a meeting of 150 Eastern emigrants, on board the "New Lucy," September 6, 1854. This was the second party, that with the brave "29" organized the settlement ' of Lawrence. The second resolution reads: "We cannot too highly compliment the captain and officers of the beautiful steamer, upon the success that has crowned their endeavors in ministering to our wants and necessities, and we would hereby not only confess our entire satisfaction, but would recommend the steamer "New Lucy" as being in our judgment one of the fastest and safest and most desira- ble boats traversing the Missouri river." "Third: That we shall ever hold in pleasing remembrance the kindness and courtesy with which we have been treated, both by the officers of this boat, and the citizens of Missouri with whom we have associated as fellow passengers. C. H. Branscombe, Chairman. Jerome B. Taft, Secretary." FOOT NOTES ON KANSAS HISTORY. u The "Leavenworth Herald," the first paper established in Kansas, published by General Easton, recently having removed from Missouri, afterwards the most aggressive and relentless enemy of the free state cause, envious of the Kansas City Enterprise, the forerunner of the Journal, that was pluming itself on securing the entrepot of the Emi- grant Aid business, evidently as a bid of welcome to secure its coveted share of Eastern immigration, copied these resolutions in full in its second issue. In its prospectus, in those days a controlling feature of news- papers, defining measures and intended policies, it announced: "The passage of the Nebraska bill, with its various provisions has drawn the attention of the whole Union toward Kansas with reference to the abrogation of the Missouri compromise. Opinions differ widely on the subject, and we find equally good men both for and against the bill. * * The question whether slavery shall exist, or be prohibited is to be decided at the ballot box, by the freemen of Kansas, and it would be a departure from the spirit and meaning of the bill for a news- paper to attempt to dictate to any faction. We shall set forth the issue such as it is, and treat both sides with fairness and without hesitation." In his "Introductory," published September 15, close upon the settlement of Lawrence, General Easton said: "We are democrats and will advocate and defend the well established principles of that democracy. * * We will also defend to the utmost of our abilities the constitution, the laws and the institutions of our country. [At that time slavery was the paramount institution.] * Subscribing with all our heart to the true and safe democratic doctrine, that the majority shall rule; that its will and decision shall be the supreme law of the land, we will oppose steadfastly all endeavors to counteract the same, and count tkose as enemies who will not submit thereto when constitutionally declared." In the second issue of his paper, reprimanding his neighbors over . the border, who were stirred to interference by the ferment of the : , threatened promoted emigration, he published: "The agitation of our local interests abroad, come from whatever quarter it may, whether from Massachusetts or Missouri, is impertinent and uncalled for. While we desire to maintain friendly relations with our neighbors we shall without hesitation withdraw ourselves from all foreign pupilage." "Men coming to Kansas from any part of the Union and demean- ing like good citizens, will be protected in the right of free speech and free suffrage. The emissaries of mischief, who come for the pur- pose of stirring up strife, and arraigning one class of our people 12 FOOT NOTES ON KANSAS HISTORY. against another, of generating bad passions, and creating sectional parties, are unwelcome visitors. It is the purpose of the great body of the actual settlers of this Territory to carry out the letter and spirit of the Douglas bill. May Kansas, when she applies for admission as a state be able to inscribe on her escutcheon as her motto: 'Free Speech, and the Rule of the Majority.' " It is for the philosophic historian, not for the defender of an un- fortunate and un-American political experiment, to account for the transformation from this auspicious beginning, to the condition of affairs that set in in November, 1855, filling a year's calendar with \ ^ outrages and crimes, assaults and reprisals, oppressions and expul- sions, burnings, murders and assinations, armed invasions and brig- andage; sounding the whole gamut of crime, committed in behalf of slavery, but veiled behind the pretense of enforcement of law and the suppression of insurrection. As to the fourth postulate; that the Eastern party of 29 was the entering wedge that opened up the way for Northern immigration that had been waiting with painful hesitation, and thus made way for lib- erty; is the construction of an undisciplined fancy, in conflict with all^-"' the patent facts in the case. The rural homeseeker, with his agrarian instinct stirred by that influence that sets all animated nature in motion, sets out for new fields in the spring, with his seeds and uten- sils to secure choice of location, and provide support and comfort for his family. By such was the substantial settlement of Kansas, Ouly a small proportion of them arrived at their destination after mid-sum- mer. And as the bulk of overland immigration was of this character, / with 46 per cent, of the 8,600 population, of Northern birth, and half the remainder, as shown by the poll books, opposed to slavery, it will/ be easily seen that, besides "Sam Wood, Judge Wakefield, Rev. Ferrill, and some others," observed by the autor of the "Kansas Con- flict," more than 5,oo0free population had found homes in Kansas ' before the party of 29 had set foot upon the soil. The fifth prostulate has more of an apparent foundation than the others; but deceiving only the supesficial observer. The rush over the border, on the delayed opening of attractive lands was only such as attends every such event — much less strenuous than has occurred subsequently. Only 8,600 moved during the first year, and with the sagacity of the true pioneer following the streams in search of timber, the essential of primitive home-making, spread out, according to Governor Reeder-, over a district of more than 15,000 square miles. FOOT NOTES ON KANSAS HISTORY. 13 Less than 3,000 of these being voters, and competent to pre-empt, I they could occupy only one-fifteenth of the diversified area over which I they were scattered. Certainly no crowding out. As to the matter of claims held for non-occupants, charged as: being in the interest of the pro-slavery party — the explanation was patent to every observer at the time. The opening occurring late in the spring, and the pioneers almost exclusively renters or owners of small farms, with provident forethought, set out after planting their crops, selected their claims, made the necessary beginnings to hold them, and leaving them in charge of neighbors, went back to take care of their crops, later to return with their families and effects. It was the faithful guardians of these poor mens' expectant homes, that are charged with fraudulently aiding their own worst enemy, whose bale- ful influence they had felt, and from which they were trying to escape. But the proof of the falsity of the whole statement lay before the author of it. In his own district, with a population of 962, embrac- ing all but 82 of the New England voters, and all the most desirable claims taken before their arrivals, there were but 80 voters of southern nativity, and but 43 recorded as voting for Whitfield, with conflict of claimants confined almost entirely to the town site of Lawrence, and there in an effort to dispossess prior settlers at his own insistance. .J As to the sixth prostulate: The settlement of Lawrence was the first aggressive movement in the chain of events that marked the early calendar of Kansas with tragedy, often of more than monthly fre- quency. The writer of the "Introduction" to the "Kansas Conflict' divides the labors of the New England Emigrant Aid Company "with- out which" he confidently asserts, "Kansas could not have been saved," into those performed by the creator of that company "which made it possible to save Kansas from slavery by outside work;" and the "inside work by which it was saved to freedom," by its Kansas agent. Lawrence being the center and first result of his activities,' every feature of its settlement assumes illustrative significance. To harmonize these with the preceeding postulates, the author of the "Kansas Conflict" has been forced to take unrestrained liberty with the truth s and in interpretation of the law. He records: "No sooner had definite arrangements been made for a permanent settlement of Lawrence than the conflict began in earnest. The first act in the drama was to be the ejectment of all ' free state men on a pretense of prior claims to the land. When the site was selected for a town, but one settler, Mr. Stearns, occupied it, and his improvements and claim were purchased by the agent of the Aid company. Another settler, A. B. Wade, was near the site on the 14 FOOT NOTES ON KANSAS HISTORY. west, but he retained his claim, as it was not needed for the town. Soon after taking possession other claimants appeared and insisted that the town should vacate for them. The most belligerent of these % claimants was John Baldwin. They determined to remove all occu- pants from their claims, which covered, or would cover if heeded, nearly the whole territory open to settlement." I Following is the true statement, based on personal observa- tion, intimate knowledge gained as, with his partner, Judge Miller, intermediaries, through whom the liberal and satisfactory settlement of the dispute was made between the farm claimants and the Law- rence Association, on the verge of a bloody clash of arms, seized as the first quoin of vantage offered the slave party. The statement is also verified by reference to the records. The charge that Wade and Lykins, the only pro-slaver}' men on 'the townsite of 2,000 acres, confronted by more than 100 members of the Association, sixteen of whom were of the daring 29 that broke through the armed forces on the border, and supported by only 43 of like persuasion in a population of 962, "proposed to eject all free state men from their claims, is a conception too irrational for respect- able fiction — stuff of which only troubled dreams are made, or a I wanton abuse of human credulity. The belligerent Baldwins, with Stearns, and others of their kin I were free state men from Illinois, constitutional migrants, a class prevalent in the West. Like many others, sniffing new lands from afar, catching the forward shadow of coming events cast by the intro- duction of the Nebraska bill, they set out for the new Territory a year in advance and halting on the border were able to secure choice of Lclaims of high value for ferry privileges by the rapids of the Kaw. Chapman, the most mercurial and explosive of the squatters, who i held a claim back from the river, by secret agreement with Jenkins, a free state man residing in Kansas City, was a puppet, bowing to whoever pulled his cord. . C. W. Babcock, the fifth of the farm claimants, was a native of Vermont. Removing to Lawrence after a short residence in St. Paul, he found an unoccupied claim on south Mississippi street, afterward pre-empted by deceptive settlement by Robinson. He became Reeder's census enumerator for the first district, the first postmaster, the first mayor of the town, the first free state president of the Terri- torial council, and with his partner Lykins, the first bankers, and was always foremost in advancing the interest of the town. The statement that only Stearns occupied the town site when it was selected, was never made during the controversy. It was of FOOT NOTES ON KANSAS HISTORY. 15 public knowledge, and undisputed, that the bank of the river was| lined with settlers along the whole front of the town site, before the coming of the first Eastern company; Wade on the west bank, Lykins near Ohio street, Stearns on Massachusetts street and Baldwin near Rhode Island street. The land being unsurveyed, as it afterward proved, the three latter fell on the same fractional quarter. The harmony of the most jealous interests of these squatters will be explained further along. That the author of the "Kansas Conflict" must have known this prior possession is evident from the fact that the deed of Stearns to Pomeroy dated Sep- tember 28, 1855, recorded in book "B," page 1 of City Records, describes the "160 acres" sold, as bounded on the east by the "claim of John Baldwin." The records also show a boundary agreed upon between Wade and Lykins — the ravine leading to the river between Penn and Pinckney streets. But from ignoring the public land laws, Pomroy got a blank deed, as, on Stearns' vacating, Baldwin being next in succession could assert his right, and after him Lykins, so Pomroy came in only for an expectancy in the third degree; valueless except by purchase of both the other settler's rights. But priority of settlement was not the claim set up by the president of the company, but the precedence of a town site over a farm claim. But granting both priority and precedence, the company was in--' competent to pre-empt an acre of land. The law regulating the pre- emption of town sites limited the area to 320 acres and required a filing in the land office to be made by legal or incorporated officers. But the company had been led out into the wilderness, uninstructed, unorganized, beyond the immediate reach of any power to incorporate, then deceived by spurious interpretations of law, and as the fore" runners of a grand politico-moral movement that was defining its lofty purposes and methods, thrust into a conflict where law, equity, and unbiased human sympathy were against them; to the lasting impair- ment of the moral force of the whole movement. But to the claims of priority of settlement, and precedence of a-' town site, a third is added — holding the land as a trading post. But the pretense that putting a little stock of goods by a private individual, in a cabin bought by another from a prior settler constituted the land a trading post, in the meaning of the law, is child's play, worthy of notice only as a measure of the mental grasp of the pretender. But overriding all these considerations, the locating of the town • site was vitiated, both by its forbidden area, and by the criminal method proposed to secure title. By the lithographed plat made by 16 FOOT NOTES ON KANSAS HISTORY. the official engineer in 1854, two copies of which are still in existence ^.in Lawrence, the site extended east of the present town, exhausting the colonial states in the nomenclature of its streets, and to the west, beyond the limits of West Lawrence, to the exhaustion of all the Ter- ritories, leaving several streets unnamed; to the north one block far- ther than the present limits: and southward to Morris street, squaring out the southwest corner with the claims of Robinson, Emery, Wilder and Fuller. A magnificent area of 400 blocks, embracing plains, valleys and bluffs, bedecked with numerous parks, public grounds, capitol grounds, court house grounds and college grounds, 30 blocks in all; an ample levee to accommodate a fleet of steamboats; located at the head of reliable navigation; with grand avenues reaching out from it; one, Pinckney street to accommodate all the California busi- ness; the other, Massachusetts street, to tap the Santa Fe Trail and divert the New Mexican business from Independence. Though this metropolitan scheme in its detail was incubated on the banks of the Kaw, its conception was by the actuary of the Aid company, as recorded by himself, not yet having eaten of the tree of ^knowledge, a proposition to take four sections of land, place all their improvements on one, and when they had accomplished the redemp- tion of Kansas, estimated at two years, close out their investment at ^a profit, and repeat their colonizing operations in some slave state. But the scheme collapsed from the structural weakness of its empty magnitude; and the fragments were appropriated by those assigned to hold the various quarter sections, who revolted at the fraud and perjury that would be required of them to consummate the scheme. y The heart of the town site, however, was held firmly by the five farm claimants. Lykins, by his residence in Kansas City, and familiar- ity with the river, was aware of this position as the. most promising site for a town, and knowing also of the right that certain Wyandotte Indians had, to locate 640 acres of government land, a right not here- f tofore available, he arranged for a power of attorney to make his selec- tion with one of the parties. But on arriving at his chosen spot he found it in possession of Stearns and the Baldwins. But as they all had like hopes he easily came to a confidential arrangement with them, .•built a comfortable cabin, and sat down to watch his squatter claim till conditions should be shaped for filing his Indian claim. But the , coming of the Eastern company and their buying out of Sterns, com- plicated affairs. / With the president of the Association in charge the negotiations with Wade were stopped; not because, as he asserts, his claim, the FOOT NOTES ON KANSAS HISTORY. 17 most beautiful and commanding of all, now the heart of West Law- rence, was not needed for the town, for it was embraced within the lithographed plat of that time; but because of his proposition to take it without pay, by the process of surveying and platting it; a town sit' as he avers taking precedence of, and supplanting a farm claim — after the manner of the condemned ancients, making void the law by the incantation of "Corban." To the first and second Aid parties that formed the Association were added more than an equal number from later arrivals, that acquired interests in the projected town, creating an importunate de- mand for lumber that had been promised by the Aid company, to build shelters for the approaching winter — shorn lambs that were compelled to draw around themselves the tempered winds for comfort. To avoid trouble and responsibility the mill had been leased to a timber expert, a member of the Association, who having secured a monopoly of the logging forces, stirred by the exigenciesof the situa- tion, stripped Baldwins claim of its margin of timber, extended his » operations beyond to the new Stearns claim, and across, to the island. So energetically had he pushed the business, that, before the mill, stubbornly hesitating to take precedence of the approaching winter solstice, had sawed a board, he had delivered on the yard and scaled over seventy orders; and with the thriftiness that his generation prides in, obtained advance payment, with a comfortable rise in the previ-/ ously published price. This master stroke of business, which seemed to the untutored squatter, who regarded their timber with Druidical veneration, exas- perating robbery, was afterward validated, or at least a dispensation'' issued by a Federal judge. The mercurial farm claimant in resenting; intrusion on his premises came in collision with the surveyors staking! the town site, and was hauled before the court at the seat of govern-/ ment, forty miles distant, by a constable and prosecutor. On plead- ing defense against trespass he was informed by Judge Lecompte that with inchoate title and unsurveyed land, such a plea would not avail, and he was placed under bond not to molest the surveyors — In the abstract justice — in its application, a condonement of plundering. A column disquisition on this opinion by the learned attorney of " the Association, published in the newly established papers, nerved a combination of the members to the courage of their longings, and the y proceeded to apportion among themselves, in ten acre lots, the timber " on the first well timbered claim north of the town site, held by a Kentuckian named Wilson. The spoliation had not proceeded far, when Wilson, unrestrained by judicial opinion, administered a sound' i8 FOOT NOTES ON KANSAS HISTORY. thrashing with his fists to the leader, one of those selected to hold down the surplusage of the town site, and a larger man than himself. For this he was hauled up, a lone culprit with a wagon load of witnesses before the two justices in Lawrence and one summoned from the country, sitting en banc for this grave occasion, and charged with assault with intent to kill. The visible evidence relied upon to convict, was the lacerated little finger of the complainants right hand, that by a misdirected blow had got fast between Wilson's teeth. But though carried in a sling and unfolded with painful symptoms before the court it failed to convince the bench that either fists or teeth, though wielded by a Kentuckian, were deadly weapons. This triumph of natural justice and squatter law over a remorseless combination stopped all further attempts at spoliation. By the close of the year the controversy over the town site, be- tween the stubborn farm claimants and the uncompromising Associa- tion, was verging on a bloody riot. The long delay in starting the saw mill had held back all improvements, and the flimsy structures of the Aid company, that, boasting of its vast resources, excited ridicule, were taken as evidence of a tentative occupancy. But with the first motion of the mill boards were carried away impatiently by the arm load for instant use, and the rush of building operations gave conspic- uous evidence of a determined and permanent occupation by the in- truders, that, with the boasted inflow of population in the spring, ^threatened a deluge that would swallow up all opposition. Without law for protection or courts for redress, the claimants were thrown back upon their natural resources. Their condition was such as was liable to be forced upon any squatter, by a contestant set- tling upon and appropriating his claim; depriving him of its use, and starving him into abandonment, until surveys and courts at some in- definite time should settle title. Their only arbiter was public opinion whose judgment in an extremity would be enforced by the impulse of the time and measured by the aggravation of the case. Such a court met January n, in the public tent, one of the char- acteristic constructions of the Aid company, called to "protest against the tyranical encroachments by the Lawrence Association." It was an overflowing meeting made up of the surrounding settlers turning out in mass, and was presided over by Judge Wakefield, who had received the vote of the free state party for delegate to Congress. Prominent among its officers, and on its committees were men of un- impeachable honor and integrity, as William Yates, still living, the Adams's, Garvins, McFarlands and others of like standing^, all com- ing together with an air of earnest purpose and settled determination. FOOT NOTES ON KANSAS HISTORY. 19 Among them a lively element of pugnacious inclination were held in restraint, more by the absence of contradiction than by the proprieties of the occasion. That the pro-slavery party was theie in force, was inevitable — not unwelcome, as it was a non-partizan assemblage; coming from afar, as green flies drawn by tainted matter — the subject of indignation offering a promising culture for spreading their infec- tion, and by which they profited by the wide dessemination of their virus. But though gathering from a wider area, they were in a de- cided minority, conspicuous, more by bluster and bitterness of denun- ciation than by numbers. The most conspicuous feature of the proceedings was a long set ,- of resolutions, grotesquely ridiculous in expression — a hash of picked up broken fragments of lofty thoughts, pompous utterances, ungeared sentences, disrupted phrases, and incongruous metaphors, presented by the mercurial claimant, and accentuated by heroic declamation, that classed him as a high grade unconcious buffoon. The grave ' assembly, trusting more for effect to the pressure of volume and grav- ity than the rhetorical expression, accepted them as over-ripe eggs, impossible of amendment, yet discourteous to decline, and in defer- ence to their inflated author projected them at the Association. These bombastic resolutions are quoted at length in the "Kansas Conflict" in derision, as a measure of the capacity of the assemblage, in contrast with a set of model resolutions passed five days later by a meeting of citizens, as is averred "not members of the Association," denouncing the proceedings of the assembly, defending the Associa- tion, and lauding the Aid company — a reversal of the former judg- ment by a higher court. An examination of the records shows that/ the resolutions were presented by the Attorney of the Association and all but four of those participating were members, and those four J beneficiaries of the Aid company. The author's conclusive statement that "resolutions and counter- resolutions availed nothing except to place the parties on record" is contradicted by the recorded results. The indignant condemnation ^ of their course by so large an assemblage of disinterested citizens awakened the impressible members of the Association to a realiza-' tion of the untenable and lawless situation into which they had been, led. A distribution of the public land laws, with which they were unacquainted, and which had been misinterpreted to them, opened new views of their situation; and most fortunately at this juncture, j the obstinate president of the Association was called back to Boston, for a lengthened period, enabling them to release themselves from the entanglement of a fatuous leadership. 20 FOOT NOTES ON KANSAS HISTORY. Pomroy, who was financial agent of the Aid company at Kansas City, coming to Lawrence to look after its affairs, saw things in the sun- light of law, and of both business and political policy; and as owner of record, of the shadow of the Stearns claim, took the man- agement of the interests of the Association, effected a compromise with the farm claimants, exchanging population for land, neither of which, except in conjunction with the other, is of any value in town building. By his unctious diplomacy, for which he afterward became famous, in contrast with the previous aggressive methods, he won for the Association and the Aid company more than they could have obtained by uncontested pre-emption, under the most favorable con- ditions. Three hundred and twenty acres being the extreme limit by "pre-emption, they obtained 120 shares out of 220 of a 640 acre tract, with a recognition of the transfers they had made; and instead of years of waiting on the uncertainties of the land department, a short cut to title, provided by the farm claimants, by way of Indian treaty. This settlement of a portentous conflict was the cause of deep satisfaction to all concerned. Yet the author of the "Kansas Con- flict" records: "Why it was made has never appeared. These town- .-site jumpers had no more legal or equitable title to this one hundred shares than Franklin Pierce or Jeff Davis." Whether this statement, in view of the fact that every phase of the controversy for months had been publicly exposed to critical observation, and settled by unani- mous conclusion, is the result of mendacity, or stubbornness of com- prehension, can be decided best by a study of the life history of the subject. But tribulations were not all passed. To carry out the details of the settlement it was necessary to obtain a relinquishment of all the "occupants within the proposed area. To accomplish this, with all the details of distribution, drawing and recording, two trustees were ap- pointed by each party, and a fifth jointly. No sooner had the quit claims been signed, thus vacating all claims, then the fifth trustee, S. | N. Wood, afterward famous in Kansas affairs, obtained the deeds - from the Register, E. D. Ladd, on pretence of more carefull exami* nation; but refused to return them when called for. A like refusal wa s made to the demand of the other trustees. An indignant meeting of those interested was convened. Wood, summoned before it, con- tumaciously refusing to return the papers, asserting that as there was no law to apply in the case, he had as much authority to hold them, as the other trustees, and that they were beyond their reach, was at once removed as trustee, and Rev. S. S. Snyder appointed in his stead. FOOT NOTES ON KANSAS HISTORY. 21 It now became evident that this was a bold stroke to accomplish, the purpose of a combination of some ninety malcontents who were entitled to no share in the town site, and sought by spreading out' over the whole area to seize possession, while the title was held in suspense, throw the whole matter into chaos, and profit by the wreckage. This act of treacherous perfidy with insolent defiance aroused a, tempest of wrath that threatened a primitive judgment on the culprit. ' It was a Massachusetts member of the Association, that, with a long • tirade of denunciation, moved to hang him; and a ministerial member . from Vermont, that seconded the motion with a speech of moral jus- tification, with the qualification — till the papers be surrendered; a qualification, that from the known contumacy of the culprit, would not qualify. So general was the consent that even the twelfth jury- man that so often interposes in the last extremity to save the culprit seemed to be going with the panel. But in his stead one of the in- termediaries who realized that the extreme sentence would aggravate rather than relieve the situation, plead for commutation to personal restraint by a committee till satisfaction should be given, and pre- vailed. The intervener was made head jailor, and with an ample staff, of volunteer assistants, in the upper hall of the new Aid building,, where Vic Johnson's grocery now stands, held vigil over the con-> demned culprit, on th ; result o r which hung the fate of the title deeds • of Lawrence, who paced the floor with restless movements and defiant , glare, watching for a chance to escape or communicate with the out- side. Towards morning the culprit's wife and two other ladies, ac- companied with an escort appeared with the abstracted papers. As they were found whole except for the erasure ol the name of the per- fidious trustee, he was released. Nor did this auto da fe entirely prevent heretical plots to disrupt settlement of title. One morning while the tedious work of arrang- ing for drawing and distribution of lots was progressing, the frame of a building, much larger than any dwelling in the town, suddenly loomed up on Mount Oread, with piles of lumber around it, and workmen pushing it forward. Mr. Babcock, within the bounds *of" whose claim it was, with others of the farm claimants, and an axe, set out to investigate, and finding no satisfactory reason for the intrus- ion, laid to with his axe and cut away the corner of the building. At this juncture S. N. Wood, of sinister import, with Deitzler and the contractor, not thrice armed, only doubly, with a brace of revolvers, rushed up the hill and called a halt. A parley revealed the significant fact that the house was being rushed up for the reception of the agent 22 FOOT NOTES ON KANSAS HISTORY. of the Aid company, who was returning with his family and house- hold goods. A truce was made till the agent should arrive and make satisfactory arrangement. On his arrival, summoned before a called meeting of the Association, he disavowed any purpose of interfering , with the settlement of title and pledged himself, when the lots should be drawn to purchase the ground at an appraised value. On this con- dition the house was permitted to be completed. He built better than he knew. Around it flowed the tide that swept him on to easy fortune. The story-and-a-half structure, built of green cottonwood, with its contents burned to ashes the following year by Sheriff Jones' posse, valued by a method of mutual appraise- , ment, brought $23,953 in certificates issued by a legislative claim commission, that were honored by Governor Medary and Treasurer Mitchell, with equal amount of Territorial bonds; at what official commission, the missing treasurer's report of that year, fails to reveal. In addition, the building formed the foundation for the claim that won the title of the University grounds. This incident was the closing attempt openly to disturb the settlement. The formal relinquishment of the settlers' claims was made April 3, 1855, taking effect with the locating of the Indian right, constitut- ing the town site in the terms of the law, an Indian Reserve. Sub- sequent disturbances were on petition, pushing the margins on the three land sides to sub-division lines, in conflict with the previous uniform rule of the land department, giving the lines of prior Indian Reserves precedence to those of the general survey. The first seri- .. ous contest was by General Lane, who held a fractional claim on the west, and had already profited by the adjustment of the limits. He won a forty acre sub division, with valuable improvements upon it, squaring out his quarter section; in the opinion of those conversant •with the matter, more by senatorial pressure and lack of defense, than by law or equity. He established a precedent that all those in contact profited by, most notably the author of the "Kansas Conflict," whose case furnished a rebuttal to his assertion that a part of a town site could not be pre-empted by a farm claimant. These minute details concerning the settlement of Lawrence, otherwise of no value worth recording or even calling back to mem- ory, except as incidents of pioneer experience, receive significance from their relation to a conflict that convulsed the Nation; and as the beginnings of the town that became the vortex of the tempest; many of them like motes in the eye, commanding attention by their irritat- ing minuteness. But above all they challenge examination an as FOOT NOTES ON KANSAS HISTORY. 23 object lesson illustrating the manner in which were expended the ex- ultant energies of a pretentious, though patriotic organization designed to shape the destiny ofa State. The version of these events, — perversion is a more accurate term, given in the "Kansas Conflict" challenges attention by its wide accept- ance as of supreme authority; from the official prominence of its author andihis relation to the events; and by its evident purpose to mend the damaged reputation of its author, and lift him to a tottering pinnacle of fame, — which it has done. These multiplex considerations justify the minute traversing of his statements made with such bold assurance, as they form the clay feet, though unskillfully fashioned, upon which stands the gold crowned image of his vision. 24 FOOT NOTES ON KANSAS HISTORY. The main body of the address herewith presented is a stricture made on the leading addresses delivered at the Semi-centennial celebration of Law- rence, prepared shortly after that event for publication in the Journal. But the editor, Col. Learnard, from his official relation with the orators, feeling that the publication at that time would be a violation of the amenities ,de- elined it, but suggested that it be held over, to become more mellow with age and offered to the '56ers, where freedom of expression on historical matters is net only tolerated, but encouraged. The request was cheerfully acquiesed in, and it is here submitted, but rather ehiistalized than mellowed— maybe acidulated by ago. A SKETCH OF KANSAS HISTORY. An Address Before the Society of '56ers. BY R. G. ELLIOTT. As the echoes of the Panathenaic carnival have died away, so that a note of dissent will not inject a discord into the diapason, it will not be inap- propriate to offer some strictures on the celebration of the event; not on the program, which, by the acclaim of the multitudes who witnessed and partic- ipated, was most beautiful, impressive and satisfying in all its material fea- tures, instructive, elevating and inspiring in its intellectual exercises and harmonious in its execution. But only on what is best denoted as the over- tone of the prime numbers of the memorial add 1 esses. Grandly two gifted orators careered through the bright empyrean, shed- ding from their plumes glittering gems of thought and brilliant flowers of rhetoric, but blinded with excess of light that shone upon them from the East; as they swept through their lower reaches they floundered among facts and passing over the arena of the conflict that lay beneath them as they glanced through the gallery of named and unnamed heroes, their mental orbs with dim suffusion veiled, recognized only the forms of a brace of pre- tenders who, having thrust themselves before the camera of history, loomed up in the foreground of its pages in heroic size; and failed to grasp the true nature and conditions of the conflict they were so eloquently celebrating. The conflict in behalf of freedom was not a crusade projected and or- ganized in the East inspired with the ''Puritan idea," nor were the forces resisting the machinations of the slave power wielded by personal direction. Such a movement was inaugurated by the overflowing political philanthropy of the East, with boastful publicity and extravagant propositions, but with disappointing results. Unproved ordnance of misdirected and uncertain range, it accomplished more by the thunder of its discharges than by the execution of its projectiles. Its reverberations, as proclaimed by its actuary, echoing from the "Schuylkill to the Penobscot and from the Atlantic to the St. Lawrence, " repeating the call to the conflict, though richly productive in nervous apprehension and sympathy for the threatened cause of freedom, were diappointing in practical results; the recruits responding to the call and sent to the front from New England forming only a diminishing 6 per cent of the population of the contested territory in the first year of the con- flict, shrinking to 4 per cent at the close, as shown by the census of popu- lation of the respective years. Only an insignificant 200 more than from Iowa, the least popu- lous of the tributary states, that rolled in quietly by a flank movement, un- trumpeted and unsung, their movements heralded only by the faint rumb- ling of their covered wagons over the grassy plains; and careless of fame blended their personality with the composite forces of freedom; and sat- isfied with their undivided share of the common glory so freely accorded, of FOOT NOTES ON KANSAS HISTORY. 25 accomplished results, leave their distinctive records unwritten, their Legends untold, their muster roll fragmentary and uncared for— a cryptogram in a neglected volume of the federal census returns. Kansas was not won to freedom by armed conflict foughl by knightly\ crusaders, but held through patient endurance and sacrifice, by an army of stubborn occupation. Nor were the brutal forces of the slave power "baf- fled, thwarted or circumvented"— as phrased by the self-asserted leader of the free slate forces— by any political strategy; but on the eve of threat- ened annihilation of the active contingent of the party, suppressed, by the timely arrival of Governs r Geary, supported by a squadron of dragoons and a battery of artillery. The armed conflicts, id' which there were many, all of happy results to the cause of freedom and fruitful in diversity of ]> sonal heroism, that won the royal signet to the title deed of true nobility for the founders of the state, were desultory and fragmentory, and though accomplishing- their immediate purpose, they furnished argument for the calumnious charge of insurrection, and" for inflammatory appeals by the territorial officials addressed to the vicii us element across the border; appeals that were eagerly responded to by ' organized hordes mustered for the extermination of the \'va' state party, and that marked the course of their invasion with indiscriminate ravage and bloodshed. Except the saving remnant enlisted in New England as the special bodyguard of liberty, the forces that achieved the freedom of Kansas were not soldiers by first intention, nor champions of any political theory, but j homeseekers of the humbler class, stirred by that dominant feature of the) Aryan race— the instinct of migration, coming mainly from Ohio and the states westward — vast propagating; grounds fcr the populating of the West, that in the decade embracing the conflict was annually recruiting an army of 70.000 moving westward by states; and by the same instinct following the zone of their nativity. These were largely reinforced by swarms of exiles j from the South, who had abandoned their native zone to escape the dorn-j ineering contamination of slavery. Missouri, slave state as she was, with her border held in chancery by the slave propoganda, furnished a larger"' quota to the free state ranks than New England. Indeed, a comparison 1 f the poll books with the census shows that the greater part of the immigra- tion to Kansas from the slave states came to get away from slavery. It was the combination of these forces that withstood the assaults of the slave power and won the victory for freedom. An army that recognized no commander, impelled by a dominating impulse, held together by the pres- sure of crushing events, enlisting recruits by the pathos of their tribulations, gaining strength from antagonism, courage from defeat and strength of pur- pose from disaster, ever catching rays of hope as they gleamed through the clouds that overshadowed them; ever impelled by the American idea dom- inant within them, now excited to aggressive vitality by fierce conflict, reaching its highest development in overcoming obstacles. Throughout its whole course, except in local conflicts, it was an army without leaders, guided by its own instincts and moving by the force of its own impulse. Its chiefs were its servants, the expression of its purposes and the executors of its will; all changeable as the conditions that sur- rounded it as the rushing course of events or the moods of its masses dic- tated. Though "Arma Virumque," so elegantly introduced by one of the ora- tors, Gunsaulus, forms the central theme around which our histories have 26 FOOT NOTES ON KANSAS HISTORY. ibeen constructed, the true epic of Kansas is not an Aeneid, but rather an i Odyssey; the story of a people accomplishing a great purpose through many "expedients," beset with multiplying dangers and"trdifficul- / ties, not the least of which springing from the inconsiderate rash- ness of its assumed leaders, brought its active contingent to the verge of extermination. The '^arjns" (taken in the primitive sense of the term), more provocatie* of violence and attack than ef- fective for protection. The "Man" a marplot; his first footstep upon the ^ite of Lawrence a lawless attempt to crush out prior settlers' claims— to the pioneer the dearest of all his possessions— persisted in with contumacious stubborn.*] ess, even when abandoned by the members of his own association, awakening a bitter feud that, forming on political lines, defamed the party i of freedom, brought the whole movement of which he was agent into eon- Uemptuous disrepute and furnished the slave party a much needed issue that they eagerly seized and used with telling effect. His next step a plot by armed and organized force to resist the execu- tion of the territorial laws, replied to by an overwhelming invasion that threatened the destruction of Lawrence, and supplemented by a train of outrages— the destruction of the free state presses in Leavenworth and Lawrence, the indictment and burning of the free state hotel, unchaining the dogs of war, open murder and midnight assassination, widespread brigandage, and for the defenseless people, descensus averno. Thirty years after, reviewing this condition of affairs and claiming for himself the management of the cause of freedom, "baffling, thwarting and circumventing" the enemy, with sardonic complacency he records (page 243 Kansas Conflict) : "It was immaterial how many printing presses, hotels and bridges were indicted and destroyed, or how many men should be killed in the operaion, so that the responsibility could be placed on the federal authority," and "the more outrages the people get the government to perpetrate upon them the more victories they would gain." A "Man" or Mephistopheles? His next step was a conspiracy to set in operation, in conflict with the territorial, a state government, organized as a petitionary and harmonious movement, the control of which he had obtained by shrewd diplomacy, thrusting himself, a repellant candidate, upon the nominating convention, jeopardizing the whole movement by a diminished vote. The pretense of a state government was to be supported in the exercise of its functions by the militia, reinforced by armed allies raised by the aid or connivance of certain sympathizing state governments, and held up while it knocked out, as he expressed it, as recorded in Reader's Diary, "the d d territorial gov- ernment." But the plot failed, happily before an overt attempt at execu- tion. He was arrested on the Missouri river on his way East, for "anna virumque, " brought back and indicted for treason. Here under the safeguard of the sympathetic, Major Sedgwick and com- pany of dragoons, his harp upon the willows, in four months of pensive silence, broken officially only twice, he rendered his supreme and only serv- ice to Kansas in the days of her adversity, posing as a martyr of liberty, an objective of the despotic rule of the slave power— the golden text of the Fremont campaign. His first advisory message issued ere the tremors of his arrest had hard- ened into stoic indifference was to he citizens of Lawrence, where all of his posessions lay, to offer no resistance to Sheriff Jones and his posse, who were marching upon the town for the desh-uction of the hotel and the printing offices. FOOT NOTES ON KANSAS HISTORY. 27 His scion. 1 and last, a joint missive to the Topeka legislature, smug- gled out from his confinement, advising its members, in contempt of the orders of Colonel Sumner served upon them to disperse, to stand up before his shotted cannon trained upon their halls and add another spot — spirit stirring, it would have been — to the "blood-stained banner." "Pity thee- So I do! I pity the dumb victim at the altar; But does the robed priest for his pity falter?" This missive prepared by him he places with his own hands as a ehap- let on his brow. Reeder had gone into hiding in Kansas City and the whole staff of state officers with two minor exceptions forsook him and fled, and as self-exiles found more congenial employment and effected more service in their native states pleading the cause of "bleeding Kansas" in the Fremont campaign. Only Reeder. one of the three conspirators, on his escape from con- cealment, sounded the war cry in Chicago and Bloonrington, 111, calling for men, arms and money to be sent to Kansas, the army to be supported for a year. He was quickly called down by the Republican national committee and thenceforth his martial airs were sung low to a minor key. When at the incoming of the Walker administration the conflict was transferred from the arena of brute force to the domain of political strategy and the destiny of Kansas placed upon the political chessboard ; it was these combined forces that had patiently withstood the brutal onslaughts of the slave power that, gaining an insight into the schemes of their adversaries, responded with sagacity to every move, and won a checkmate against the combined skill of the past masters of this profound game, though supported by all the sinister forces under the control of a determined and unscrupulous administration. Victory was not won under the direction of any master mind. The players were a composite of the chosen representatives of, and in electric contact with an indignant people treacherously brought to bay, surcharged with destructive voltage, The exultations of triumph over the victory at the polls in October,'' 1857, were suddenly changed to notes of alarm as the meshes of a sinister power, intangible and irresistible, were seen to be closing around the vic- tors, granting them neither the bracing thrill of open conflict, nor the eon- soling honor of martyrdom in defeat, dragging them in sardonic triumph into ignoble servitude. The contest was no longer over economic conditio 11s or social organiza- ' tion, but over an idea, the most effective force in the elevation of the human race, mild in its action when given free course, but volcanic in its expression when harshly curbed; an idea enrobed in a sentiment made sacred by sac- rifice and suffering, fierce conflict and the blood of martyrdom, and by patient endurance. Slavery as an institution in Kansas was dead, crushed by the misdirect- ed, maniac blows of its own defenders; entombed under a stone that only an angel could roll away, but would not; its resurrection guarded against by jealous legions more faithful than Roman soldiery. The implacable hostility of the victors, aggravated by the outrages perpetrated in its behalf, made its material restoration impossible, even by the combined forces of statute, con- stitution and supreme court judgment. Only a fetid odor remained as a reminder of its fitful and precarious existence, and its uneasy ghost flitting over the battlefield, disquieting the timid— the poi'tent of a great disaster- Governor Walker, in a plaintive agony of patriotic grief, expressed to Secre- 28 FOOT NOTES ON" KANSAS HISTORY. tary Marcy, deplored the admission of "an abolition state into the union" — an act that would be taken as an unpardonable offense by the recalcitrant fire-eaters of the South, and would drive them to a dissolution of the union. A prediction based upon his intimate knowledge of their maturing pur- poses and verified three years later by the great rebellion. "Rest perturbed spirit," was the incantation of the victors— more a command than a prayer. But the mourners, assembled in conclave at Le- compton projected a monument, inscribed, ' ' Sacred to the Memory of His Mightiness"— a constitution written upon its cerements, guaranteeing to the corpse for ten years a Barmacide lease of life, designed to crown the admission of the state into the union. It was this offensive embodiment, doubly noisome from the mephitic odors of its Lecompton embalmment, that Buchanan, with the haughty arro- gance of a Coriolanus, in an advance congressional message transmitted by special courier, flung before the people of Kansas for their enforced ac- ceptance of statehood. A crown of thorns more galling than fetters ! a cordial with poison of a serpent ! a buffet more humiliating than a blow ! a freedom more debasing than servitude! the bitterest dregs from a cup of gall poured out to them! expressed the wild emotions stirred by this crowning act of presidential per- fidy. Morbid they may have been, but the more desperate and uncontrollable. It is among the tombs of noblest purposes that emotions become mania. A working majority in the house of representatives, a superfluous ma- jority in the senate, with an imperious power in control, left little hope for the defeat of the machination. Gloom pervaded. But the proposition was met with a shout of defiant indignation that sent a thrill throughout the land. The storm of indignation that swept over the land on the reconvening of the Lecompton convention to complete its machinations, safe only under the guns of Major Shermans battery, overawing with tumultuous multi- tudes and paralyzing the members with a three days' terror, on the consum- mation of the plot became a frenzy; boisterous demonstrations on every hand; tumultuous gatherings on the street corners; graver assemblages harrangued by flaming orators that sprang as fireflys out of the gloom; fierce imprecations and muttered threats flashing up even by friendly fric- tion at every chance meeting of citizens; among the more sober countrymen excited meetings at every schoolhouse, gave vent to a fury of indignation that presaged, if not controlled, alarming results. Through all demonstrations glared a determined purpose of resistance. By the boisterous and irresposible element expressed in terms of a Danite organization, with a hint of destroying angels hovering around Lecompton conspirators. The combative impulse flashing up from the smoldering em- ) bers of '56 burst into threats of armed resistance, with a movement for the reformation of the military force that under Gen. Lane had organized the late victory at the polls— a movement that later was given the sanction of law at the called session of the legislature- supplanting the unpliant gov- ernor as commander in chief by a sympathetic military board, becomino & ef- fective by passage over the veto. Though invalid from conflict with the organic act, it served its purpose, accomplishing more by its grim visage striking terror, than by arms. Beneath all these convulsive movements, in secret conference, grave sen- iors in counsel, leadeis in action and representatives of high character and commanding influence banded together under the most solemn obligations tocleteat the Lecompton conspiracy, even in the last resort to "unman" it. FOOT NOTES ON KANSAS HISTORY. 29 In dose communication and under control was John Brown with his trust-' ed lieutenants keeping vigil upon the conspirators. The supreme obligation they were relieved from before maturity by the sudden flight of the head conspirator, Calhoun, and his lieutenant. McLean. Jack Henderson chief! actuary, captured alter a day's wild chase and saved from summary ex- piation by the gallantry of Colonel Walker, made atonement by auricular confession and a full exposure of the conspiracy. Among- the diversity of expedients proposed and most urgently pressed was the convening of the newly elected legislature to devise some legal method of defeat. The final act of the conspiracy — its fallacious submission to a popular vote — had been set for a date in advance of the regular meeting of the legis- lature, to avoid hostile action by that body. The decrees of the convention were final and could not be annulled. . For imperative action in the case the legislature was incompetent. It could only supervise, petition and expose. But an unwilling governor stood in the way. The odious constitution was the embodiment of the very puipose for which Walker had accepted with condescension and sacrifice his mission to Kansas, and was shaped in its essential features by the powers above him, and for the adoption of which he had labored incessantly. Only in the matter of its submission to a fair vote of the people, his pledge was juggled with. A pledge in which he had been supported by Buchanan, made in the confident expecta- tion that with his great political abilities, he would build up a party in Kansas that would adopt it. But his hesitating rejection under ominous pressure, of fraudulent elections, left his party in abject decrepitude, in- vigorated only by the power that emanated from Washington. A wounded serpent with only its poisonous fangs and power to strike. Now, from a sense of political consistency, the insufficiency of the legislature and fealty to his great purpose, he withstood the urgent pies- sure of the petitioners. But, stung by reproof for his rejection of the fraudulent election returns, and the perfidy of Buchanan in violating his pledge for the submission of the constitution to a fair vote, he hastened to Washington to bring his personality to bear upon him, as the only source from which relief could come. But in vain. He f und him bound and in the hands of the chief conspirators. Humbled and in despair, ashamed to meet the people of Kansas whom he felt he had unwittingly betrayed, he threw up his commission. , Stanton, under like conditions, plied with every influence that could be brought to bear, after weeks of hesitation, with the doom of dismissal hanging over him, offered himself as a sacrifice' and convened the legisla- ture. Now came the more intricate moves in the game. A drastic law for the prevention and punishment of election frauds, with jurisdiction of pro- bate court, illegal in this feature, but effective. A militia law adapted to the peculiar exigencies of the situation ; a law submitting the constitution to a fair vote; a commission to investigate election frauds, and correct the returns, with compulsory powers. It was the swift, vigorous and relentless execution of these enactments in a race with Buchanan, striving to jam the Lecompton constitution through congress that won the victory. The resultant, a bomb, the finding of the committee charged with the investigation of election frauds, that dispatched to Washington by General Ewing, and expoded in the capitol, defeated the conspiracy, disrupted the Democratic party and drove into 3 o FOOT NOTES ON KANSAS HISTORY. retirement and ultimately to destruction, the malignant power that had fastened itself on the vitals of the nation. Interspersed on the calendar were two meetings of the Topeka state legislature, two conventions at Topeka, a two-ply one at Grasshopper Falls, two sessions of the territorial legislature, six elections, two grand demonstrations at Lecompton, one of indignation against the convention, the other of exultation on the convening of the legislature. Notable among them two December conventions at Lawrence, live volcanoes of indignation and defiance. Twelve months exercise of practical politics, a year of material prosperity, bouyant hopes alternating with harrassing fears and intense political activity; supremely happy in accomplished results; lib- erty enthroned in her richest robes, and crowned with her brightest jewel. This grand transformation, with its beneficent results was but the perfect development of the American idea of orderly self-government ; an idea nurtured by the generations till it has become an instinct; now vitalized by the conditions of its new environment, and forced into ma- turity in the hot-bed of conflict. The unfolding of a state, that later stepped into the Union in her supreme crisis, with the bounding energy of youth, the practical wisdom of maturity, a commanding prsence, and an illuminating glow of exulting patriotism, that gave cheer to the whole nation in the depth of her per- plexity. The Hebrew shepherd with a stone in his sling destined to pierce the helmet of the giant of rebellion. It was Kansas that cast the first stone at slavery, an act later made general by presidential proclamation. Wherever Kansas troops marched, from the first raid of Colonel Anthony, the shackels fell from the slaves. The extraneous assistance of "money and brains furnished by Mas- sachusetts," so widely, but erroneously credited with all these ac- complished results, served only as a counter irritant, provoking the enemy to that species of madness, which in the divine order leads to merited de- struction. The philanthropic East, tremulous with sympathy for the threatened eause of freedom in Kansas, was the benignant angel that troubled the waters, from whose swirling depths arose the nascent state regenerated, enlightened and invigorated, yet pliant to the guidance of the Divine Im- manence, that is ever impelling thinking humanity, often by ways tor- tuous and reverse, and that they know not, towards a higher and nobler plane of being. This incomplete sketch, though in the main impressionistic, conforms in all its essential lines to the real, in its details rigidly to the truth as may be verified by examination, and in coloring, subdued rather than ex- aggerated, fading in the lapse of time; and freely invites criticism as a faithful presentation of the dramatic period of Kansas history. LIBRARY OF CONGRESS