HISTORY OP KANSAS: FROM THE FIRST EXPLORATION OF THE MISSISSIPPI VALLEY, TO ITS ADMISSION INTO THE UNION EMBRACING A CONCISE SKETCH OF LOUISIANA: AMERICAN SLAVERY. AND ITS ONWARD MARCH ; THE CONFLICT OP FREE AND SLAVE LABOR IN THE SETTLEMENT OF KANSAS. AND THE OVERTHROW OF THE LATTER, WITH ALL OTHER ITEMS OF GEN- ERAL INTEREST : COMPLETE. CONSECUTIVE AND RELIABLE. .A^ i^" By J. N. HOLLOWAY, A. M. LAFAYETTE, IND : JAMES, EMMONS & CO., JOURNAL BUILDINGS. 1868. J, - T\ Entered according to Act of Congress, in the year IHdl, by JOHN N. HOLLO WAY, In the Clerk's Office of the District Court of the United States, for the District of Kansas. TO A SINCERE FRIEND OF MANKIND, IRRESPECTIVE OF PARTY, CONDITION OR COLOR, 3.1x5 a Caboitr for ^oob, UNDER A GRATEFUL SENSE OF MANY FAVORS, AS A TOKEN OF HIGH .ESTEEM, THIS VOLUME IS RESPECTFULLY INSCRIBED BY PREFACE. Kansas has a history which is common with no other State in the Union. The history of Slavery in onr comitry is the history of successive triumphs and continued advances over the will of a majority of, our people, until it entered into a hand to hand grap- ple with Free Lahor in Kansas. Here was the bat- tle-field of the combined forces of the " Irrepressible Conflict," and here the question of supremacy be- tween its opposing elements was finally settled. Slavery triumphed in every Territory where she sought to establish her dominion until she provoked, by tearing down the bulwarks of Plighted Faith, a single-handed contest with Free Labor in the settle- ment of Kansas, upon the principles of Pox3ular Sov- ereignty. To the people of this Territory, aided by friends^ in the Free States, therefore, belongs the honor of first repelling the advances of Slavery, and of for- ever destroying its power. Slave propagandists felt this, and hence, when the question was decided in Kansas, they turned in their wrath upon the General Government, Avhich had been to Slavery an indul- gent and fostering guardian, to take its life, whereby to rid themselves of its control. Few have fully comprehended the awful character and extent of the desperate conflict in Kansas. Both 6 PREFACE. parties upheld by the pecuniary means and moral support of their respective States, engaged in it Avith the most intense and inflamed spirit of parti- sans. Plans, deep, dark and far-reaching, were laid by the great minds of the nation, and found their execution in Kansas. Worse than civil war reigned, worse than its concomitant evils prevailed. To fully understand the character of the Xansas conflict requires a proper acquaintance with the ag- gressions of Slavery in the United States upon Free- dom, of which the Kansas trouble was but the out- growth or culmination. I have, therefore, inserted a short sketch of that Institution. The history of Kansas is a difiicult one to write. Though there is an incalculable amount of material which can be gathered together, still facts were so per- verted and diflerently represented by contempo- rary writers, that the searcher for truth is often lost and puzzled in his investigations. Much, too, of the history of Kansas has never been written. The de- signs and motives of each party, and many of their plans, can not be found on paper, all of which so essential to a complete history of Territorial strug- gle, must be gathered from men who are still living, and to whom they are familiar. There is no complete and consecutive history of Kansas Territory. The books which have been written upon Kansas matters cover but a short space of time, and contain but a partial fnid disjointed sketches of those times. They were written in great haste for campaign documents, and hence were in many instances highly colored and inaccurate. Most of the important documents bearing upon Kansas history are scarce and difiicult to find. There is no public library or historical society in the State which has made the collection. The writer has been at the trouble and pains to make this collection him- self, which he has found more difiicult than the labor PREFACE. 7 of writing the book. In a few years this work could not have been done. Documents would have been lost, families moved away, and thus some of the most essential items in the history of Kansas become oblivious. The uxwRiTTEX history of Kansas could never be w^RiTTEX so Avell as at the present time, while most of the actors in the early troubles of the Terri- tory are still living. The author has visited those, made their acquaintance, whom he has ever found open and communicative on all subjects, and from whom he has gathered much valuable assistance. To supply what seemed to be a great public de- mand has been my design in undertaking the pre- paration of this volume. I liave had but one idea to guide me in its compilation, and that is Truth. By this I have sought to test every word and sen- tence. I have sought not only to avoid misrepresen- tation, but also another very common fault into which writers are })rone to fall — exaggeration of f\icts ; but I have labored to describe events exactly as they transpired, without underrating or over coloring them. How far I have succeeded in accomplishing this purpose is left to the impartial judgment of the public to decide. In the prosecution of this work, I have enjoyed many advantages. Totally imconneeted with the Territorial difficulties, without any political or per- sonal preferments, my judgment has been wholly free from prejudice and partiality. I have freely consulted with men of all parties and opinions, from all of whom I have gathered much information. Books, tiles of papers, letters and documents of va- rious kinds have come to me from every quarter. In this way m}?- labors have been greatly facilitated, and I take this oj^portunity to make a public acknowl- edgement of these favors, which are the more appre- » PREFACE. ciated as I am a stranger in the State. It would be tedious to mention all who haA'e rendered me much invaluable assistance, but I cannot forbear to name the State Auditor. JMr. Swallow, and State Librarian, Dr. Hounton, who has permitted me the use of the library, as though it were my own; Mr. Barker, Sec- retary of State and jNIr. Clarkson, Clerk in that office, who have allowed me free access to official records; Hon John W. Forman of Atchison, who has fur- nished me, among other valuable documents, a com- plete file of the "Squatter Sovereign;" Dr. A. Hunt- ting of Manhattan, who sent me several valu- able scra^^-books; lion, G. W. Smith of Lawrence, who furnished me a complete file of the " Herald of Freedom"; Hon. Joel Grover, of Lawrence, who supplied me with some rare documents; Col. C. K, Holliday of Topeka, who has given me many impor- tant items; LEon. J. A. Halderman of Leavenworth, through whose influence I obtained access to the Mercantile Library of that city, and the use of its ex- cellent files of old papers; Hon. S. A. Kingman of Atchison, who has assisted me in various ways; Gov. Robinson, to whom I am much indebted, as also to Col. Montgomery, whose assistance and hospitality I have enjoyed; Hon. J. A. Wakefield who wrote out some early reminescences for me; Hon. George Hill- yer who furnished me a file of the "Kansas Free- man"; Hon. John Hitchie from whom I obtained val- uable official documents; S. M. McDonald and Baker of the "State Record" who have greatly assisted me; Hon, James Christian who has the most valuable library in the Territory. J. N. H. CONTENTS. CHAPTER I. History op Louisiana — How Connected with History of Kansas; Ferdinand de Soto's Expedition to the Interior of the United States; The Century that Elapsed; Indian Reports of a Great River in the West; Marquette's Expedition Down the Missis- sippi; La Honton's Travels; La Salle's Explorations of the Mississippi, and his Unsuccessful Atten>pt to Found a Colony at its Month; De Iberville Repeats the Effort to Colonize Lower Louisiana with Belter Success ; Sufferings of the Col- ony; Crozat Acquires Control of it; He Fails; Louisiana in the Hands of the Western Company 21-27 CHAPTER n. History op Louisiana — The Company's Operations ; Its Prosperity Not Real; Surrenders its Charter; What was Accomplished for the Colony under its Auspices ; On its Reversion to the King he Chastises the Indians; Boundaries of Louisiana; England and Spain Jealous of French Prosperity; Conflicting Claims of England and France; English Attempt to Settle the North- western Territory ; The French Oppose this Movement ; Rup- ture Between the two Nations Which Gives Rise to the French War; Treaty of Paris; Part Spain Played, and Her Loss; Franca Cedes the Remnant of Louisiana to Spain; Cession Kept Secret for Awhile; Discontent when Made Known ; The American Revolution and its Results; Part Spain Played and Her Gain; Treaty of 1795; Attempts to Form a Separate Government in the South-western States ; United States Alarmed on Hearinsj of the Treaty of St. Udefonso; Jefferson Nego- tiates to Purchase Louisiana; Bonaparte's Remarks upon the Subject; Treaty of 1803; United States Takes Possession of Louisiana; Its Division and Organization by Congress. 28-37 CHAPTER III Introduction and Establishment of African Slavery in the United States Against the Wishes op the People — What the History of Slaverv in the United States Shows; Thrust. npon the Colonies by England against their Remonstrances, as 2 10 CONTENTS. shown irj the history of Massacbosetts, Virginia, Georgia, New York, New Entjiaiid States, and South Carolina; The Declara- tion of Indeper deuce embodies the aeuiimeLis of the People in retra'd to Slavery; Suppressed Article; Action of Conti- nental CoogreFS against it; Effort in 1Y84 to Prohibii Slavry from the Territorien of the United States; Prohibition of 1787; Slavery Triumph in the Constitutional ConveHtion; Soutti Carolina and Georgia Cede their 1 erritory to th^ Union ou Conditions; Slave Trade followed by Slave Breeding 38-46 CHAPTER IV. Tkiusiph op Slavery in 1820 — Missouri Petit ons Congress for Admisbion; Referred to a Committee ; Report not acted upon that Session ; Petition renewed at next Session ; Slavery Restrictiou Introduced; Bill Lost; Arkansas Territory O-g-an- ized ; Magnitude of the Missouri Question; Popular Excite- ment during the Summer; Position and Arguments of the two Parties; The Sixteenth Congress; Tbe Missouri Question Engages its Attention : Mr. Taylor's Amendment; The Stormy Debate; Its CoAracter; Selections from the Speech of Mr. Otis, of Mr. Barbour, and others, Mr. Thomas' Amendment; The Voiie; i be two ilouses Disagree; The Committee of Conference; The C-.'mpromise; Missouri forms a Constitu- tion; Objectionable to Congress; Admitted upon Conditions; She Complies with Them 46-56 CHAPTER V. Triumph of Slavery in the Annexation of Texas. — Qaeation about the Bjundaries of Louisiana; Treaty v^ith Spain; A Southern Move ; jlexico Gains her Independenci*; Te.^as Col- onized — R'jvolts and Asks to be Annexed to the United States ; The Annexation and Provisions; Opposition to the Annexa- tion; President's Proposition to Cr,ngres8 to Satisfy Mexico with Money; Qaeation as to the Character of Labor in toe Territory; Wilmot Provi-o — Lost; Popular Sovereignty First Enunciated— Not Popular; Attempt to Organize the Terri tory; Resumed in 1850; Slavery Holds the Missouri Compro- mise Sacred ; Compromise; What the South Gained 56—63 CHAPTER VI. Kansas-Nebraska Act— Slavery Tricmph— Relation of Both Par- ties to trie Missouri Compromise; Its fir.^t Infraction in 1836; Petitions for Organizing Territory West of Mia:'Ouri ; Opposi- tion of the South ; Bill tor Its Organization in the 33d Con- gress; Validity of trie Missouri Compromise First Questioned; Plighted Faith ; S A. Douglas at First Startles but Resolves not to be Outbid; His Kansas-Nebrask Bill; Position of the Two Far lies; Motion of Mr. Douglas; Mr. Chase's Motion Mr. Badger's Motion ; Mr. Clayton's Motion; Mr. Chase's Pioposi- tion; Bill Passes the Senate; Bill in the House; Parliamen- tary Maneuver of Hon. A H, Stephecs; Bill Forced Through; Congressional Globe; Bill in the Senate ; Atchison's Speech; Signed by the President; Design of Organizing Two Territo- ries i 64—72. CONTENTS. 11 CHAPTER VII.— 1854. An Act to Organize tub Terkitory of Kansas 74-8G CHAPTER VIII.— 1705-1854, Antiquities op Kansas — Kansas Antiquitioa not remote; i he Name; Discovered in 1705; Explored i'l 1719; Spanish Expe- dition and Battle in 1720; The French Establish a Fort on tne Missouri: Expedition of Louis and Cla^^•; First Steamboat np the Missouri; The Fur Trade; Sanifi Fe Trade; Indiana Troable the 'IVaitKs; Council Grove; Ootiitting Posts; Mas;- nifude of this Trade; For-; Le ivenworth; Removal of the Indiana from the East; Fort Scott; Fremont; Trains Across to the Pacific; The Border iu the Mes.ic?te; Bailor known, af't^r Califorr.ia Eonii^iatiou ; People of Missouri; Slavery and Kansas Territory; Atchison's Speech; Character of the People on the Border; Effect of Atchison's Spe<;ch; His Biography; Feeling of the People af er the Repeal of the Missouri Com uromise; Feeling of the Free States; Determined to Contest its Settlement; Advantages oa tie Side of Slavery 96-105 CHAHTER X— 1854. Pro-.^lavery, Emigration, and Emigrant aid Societies — Emigra- tion from Missouri; Politicians hold Sqna'ter Meeti' as; Reso- lutions of the First Convf^niion in Kansas; abolitionists; Founding of Leavenworth; Of Atchison; Free State Men not Idle; Appeals of the Press; Ort;anization of Aid Societies; New England Emigrunt Aid Society; Its Design, Character, and Mode of Operating; Emigrant Aid Company of New York and Cincinnai; Union Emigration Society; Their Primary Object; Not IJleg'.l nor Dishonorable 106-115 CHAPTER XI— 1854 Free State Emigratign, Hostile Preparations, akd Tue Begin- ning OF Difficulties Free State Sf^ttleis ; Disturbed by Mis- sourians; Squatter Government ; C. H Branscomb; Fir.-t ^et tiement of Lawrence; Of Topeka ; M^inhattrin ; Gr.'*sshopp(=r Fall-; What the Fmigrant Aid Societies Did, and Especially the New England; The Border Alarmed; Platte Argu."?; The Pas'^ions of the Border Men Excited; Resolutions at Border Meetings ; Reward Offered for Eli Thayer; Threats T.-wards A. Gnthne; Platte County Self-Defensive Association; Re- marks of the Border Chiefs ; Livesand Characters of the String- fellows ; Missouri Se<.'ret Societies.; Real and Avowed Causes of thei.- Formation; Self Defensives Seize T, A Minttrdand an O'd Citizen; Arraign Rev, F. Starr; Seek to Control Tr.-de; Citizens Pr test Against Them; They Remove their Headquar- ters from Weston ; First Invasion of Lawrence ••• 116-130 12 CONTENTS. CH AFTER ?XIi— 1854. Inauguration op Government — No Government for four months, bat all was orderly; Territorial Officers Appointei ; Biography of Governor Reeder; llis Arrival at Leavenworth; Tour through the Territory ; Proclamation for Election, not Palata- ble to Pro-slavery Men ; The Convention at Leavenworth ; Its Correspondence with Governor Reeder; The Candidates lor Delegate to Congress; Slavery not en Issue; The Election; Frauds; Sommary of the Returns; J. W. Whitfield Elected; Popular Sovereignty Exemplified; Courts Opened 131-137 CHAPTER XIII— 1855. Electing Territorial Legislature —Mild Winter; Census Tflken; Returns; Anecdote; Disaffection of Pro-Slavery Men; Proc- lamation for an Election of Territorial Legislature ; Slavery Made the Issue; Preparations in Missouri; Invasion of the Territory and Stuffing Ballot-boxes; At Lawrence; Bloom- ington ; Sixteenth District; Eiohteenth ; Abstract of Election Returns; Excuse for Illegal Voting; The Emigrant Aid So- cieties Took no Part in the Election; Free State did not all Vote ; A Fair and Full Vote Would Have Given a Free State Majority; Testimony of the City Attorney of St. Joseph; On Demand of Members Elect Governor Reeder Issues Crrtificates, Except in Six Districts ; Protests; Pro Slavery Men Incensed; Refuse to Participate in the New Election 138-153 CHAPTER XIV— 1855. The Consequence— Feelings of Free State Men; Their Demeanor: Rejoicing on the Border; "Squatter Sovereign" Advises Ex- termination; A Convention to Intimidate Reeder; Destruction oi "Parkville Luminary"; Warning to Methodist Preachers; Meetings 8t Weston and Liberty; Murder of Clark; McCrea's Escape ; Pro-Slavery Men Enraged ; Notify Mr. Phillips to Leave; Another Meeting; Vigilance Committee Appointed; Phillips Carried to Weston, Tarred and Feathered, and other- wise Outraged; The xiction Endorsed by a Public Meeting; DilTeienoe in the Manners of Free Slate Men and Pro- Slavery Men 154-158 : CHAPTER XV— 1855. Territorial Legislature — Governor Reeder Goes to Washington ; President Urges Him to Resign— But Tbey Cannot Agree Upon the 'J'erms of Correspondence Grounding His Resignation ; Other Positions OEFered Mr. Reeder ; He Returns to the Terri- tory Feeling Insulted ; Territorial Legislature Assembles at Pawnee ; Both Houses Purge Themselves of the Free State Ele- ment ; Report of Committee on Credentials in the House — Mi- nority Report; Protest of the Ousted Members; Motion of Judge Wakefield in Council ; Colonel Cofi'ey's Response to Wakefield's Interrogation; Report of Committee on Creden- tials; Protest of Free State Members ; Move the Temporary Seat of Government to Shawnee Manual Labor School Over CONTENTS. 13 the Governor's Veto ; Design of Calling Legielatnre at Pawnee ; Leaiislature at Shawnee Mission Frames a Code of Laws; Their Oppressive Features; Governor Refases to Recognize Them as a Legal Body; They Consult the Supreme Court of the Ter- ritory Which Renders a Judgment in Their Favor; Legisla- ture Memorialize the President for Mr. Reeder's Removal ; Mr. Reeder Removed 158 — 167 CHAPTER XVI— 1855. Causes of Reeder's Removal Considered — Causes; Pawnee; Reeder Interested; Jeff. Davis Orders the Removal of the In- habitants; Orders not Observed Until the Fall of 1855— When it is Carried Out; Half Breed Kaw Lands; Reeder's Specula- tion No Speculation At All; Governor Reeder's Career Praise Worthy; Members of Legislature Attend to Their Own Inter- est; Complaints of Their Constituents ; Hon. Wilson Shan- non Appointed Governor; His Biography; A Copy of the Laws Punishing Offenses A^^ainst Slave Property 168 — 176 CHAPTER XVII— 1855. Free State Movements— Oppression of Free State Men ; Tbey Pe- tition in Vain; Determine to Protect Themselves by Peace- able Means First ; Convention at Lawrence on the 8th of June ; National Democratic on the 27lh; Free State Men on the 11th of July ; Mass Convention on the Idth of August; The Union Mass Convention on the 15th takes Prelimina'^y Steps for a Constitutional Convention ; Organization of the Free State Party; Platform; Very Conservative; Reasons; Report of Committee on State Organization ; On Legislative Matters of the Teriitory ; Provides for Election of Delegate to Congress ; Reeder Defended from Charges and Nominated; Judge Smith's Speech; Reeder's Response; Topeka Delegate Con- vention 19th of September ; Its Resolutions. 177-189 CHAPTER XVIII— 1855. Free State Movements — Continued — People's Proclamation : Call for an election of Delegates to Constitutional Convention ; The Absorbing Topic Discussed; Election of Delegates to Congress; An Amusing Incident; Topeka Constitutional Convention; Character of the Body; Vote on Striking Out "White;" On Approving Squatter Sovereignty: Excluding Free Negroes; The Constitution; Signers, their Occupation, &c. 190-199 CHAPTER XIX— 1855. Various Evenes — Free State Emigration; Improvements; Poor ClasH of New Emigrants; Disease; Secretary Woodson ; Con- vention at Lexington, Missouri, of Border Chiefs ; Secret Organization; Kansas Legion; Pat. Laughlan's Expose; EfiForts to Involve Free State Men in Legal Difficulties; Policy of Free State Men, especially at Lawrence; Another Secret Organization; Its Character and Object; Outrage at Atchison on J. W. B. Kelley; Resolutions ; Rev. Pardee Butler sent 14 CONTENTS, afloat on the Missouri River; Collins Killed by Laughland ; How Shannon's Appointment was Viewed by the People of ihe Border; Hia Arrival at Kansas City ; Commits Himself lo Slavery; Pleases Pro-Slavery Men ; Address to the " Law-and- Order People;" Call for a Convention ; Object of the Move- ment; The Convention; Remarks by Shannon, Calhoun, Par- rott, Judge Lecomptu and Woodson 200-212 CHAPTER XX— 1855. Beginning of the Wakarusa War — Disputes About Claims ; Hick- ory Point; Origin of Difficulties; Coleman kills Dow ; Murderer Flees to Westport and Surrenders Himself to Sheriff Jones; Oflfense to the Dead ; Funeral; Conven'.ion; Jones — His Char- acter and History ; Starts to Lecompton With His Prisoner; Obtains a Writ to Anest Branson ; The Arrest ; The Rescue ; Excuse for the Rescue; Lawrence and It3 Action ; Design in Making the Arrest; Sheriff Jones Writ^^s to Missouri for Help and to the Governor for Three Thousand Troops ; Governor's Letter to Major General Richardson: Excitement in Missoori — Inflammatory Appeal; Shannon's Pi-oclamation ; Woodson's Letter to Atchison 213—225 CHAPTER XXI— 1855. Wakarusa War — Missouri's Response ; The Forces in Camp About Lawrence — Object in Surrounding the Town; Editors of the Squatter Sovcieign in the Field; Lawrence Dismisses the Res- cuers and Prepares ior Defense; Sends Couriers Through the Territory and Calls for Assistance; The Response; Leaven- worth Delegation ; Report of the Committee .n Governor's Proclamation ; Petition to ihe President ;' Colonel Sumner So- licited to Interfere; Memorial to Congress; Preparatious ht Lawrence — Its Forces and Fortifications; Sheriff Jones in Town ; Ruffians fear to attack ; General Eastin's Letter to Governor Shannon; The Latter Telegraphs to the President — Writes to Colonel Sumner; Sumner's Reply; Shannon Act- ing upon Sumner's Suggestion, writes to' Sheriff Jones and Richardson; The Replies of these Two Gentlemen ; Shannon again Writes to Sumner; Committee of Safety's Letter to Governor Shannon; The Dopatatiou (rom Lawrence, and Their Representation to tie Governor; The Interview; The Governor Sees that He has been Imposed Upon ; Goes to Wakarusa Camp; Label's to Quell the Commotion; Again Asks Aid of Colonel Snmner; Ruffians Attempt to Intercept His Dispatch; Sumner Refuses to Move; Anderson's Letter; The "Black Flag" to be Raised; Pomeroy Intercepted; Indian Chiefs Offer Aid to Lawrence; Clark's Pottowatomies 226-242 CHAPTER XXII— 1855. Thk Misunderstanding — Thomas Barber; His Wife; Parting Scene; He Goes to Lawrence; Particulars of His Murder; The Widow's Asony; Effect Upon the Free State Boys; Depu- tation Sent to Conduct the Governor into Town ; The Confer- ence; The Governor is Satisfied of His Mistake; He Returns to the Pro-Slavery Camp ; Hia Orders to General Richardson ; CONTENTS. 15 He Arranges for a Conference; Retnrns to Lawrence ; Signs i he Treaty; Dissatisfaction: The Treaty; Conference on the Wakarusa; Attempt to Assassinate Lane and Robinson; Shannon's Orders to the Pro-Slavery Leaders to Disband their Forces ; D sappointment of the Raffians ; He Authorizes Rob- inson and Lane to Defend the Town ; Incidents ; The Social ; Disbanding the Forces ; A Tribute to the Ladies of Lawrence. 243-255 CHAPTER XXIII— 18o5. Robinson and Lank — Life and Charactsr ot Governor Robinson ; Life and Cuaracter of Hon. J. H. Lane; Robinson's Address to the Soldiers on the (.'ocaaion of Their IJiabandment; Arrest and Trial of Some of the Rescuers; "Border Ruffians;" Their Character 256-265 CHAPTER XXIV— 1855-6. Various Events op the Winter — Vote on Topeka Constitution ; Destruction of the Polls at Leavenworth ; Mustering Out of Territorial Militia; Destruction of th? Press of the " Territo- rial Register;" M. W. Delahay ; Convention to Nominate Free State Officers; The Election of State Officers Under To- peka Constitution ; Election at Leavenworth; Disturbances at Eastin; Pro-Slavery Man Killed; Free State Men Made Pris- oners; All Escape ercept Brown, who is Murdered; Resolu- tions of the Legislature; Further Troubles at Eastin; Severity of the Winter... 266-2T3 CHAPTER XXV— 1856. Extermination — President's Message; Border Ruffians Determine to Exterminate; Jones' Letter to Robinson and Lane; Their Reply ; The Treaty Exploded ; Preparations Alons; the Border ; Dr. Stringfellow's Proposition to Buy Arms; " Kickapoo Pioneer" ontheWarciy; Atchison's Harangue; The Border Chiefs send a Messenger to Washington to Preserve the lofla- ence of the Administration; They Succeed; "J he South Comes to the Rescue; Buford's Move; Extract from the "Eufaul>: Spirit of the South;" Action of Alabama; Resolntions in Mississippi; Southern Emigrants; Border Chiefs Go South to Lecture; Atchison's Letter to the South 274-282 CHAPTER XXVI— 1856. Free State Preparations and Proclamation of the President — Apprehensions of the Free State Men ; Alarming Reports from the Border; Dark Prospect of the Free State Men ; Lawrence Prepares for the Worst; Action of the Executive Committee; Deputation to the Fre-; States; Letters to the President; His Proclamation; Aimed at Free State Men; Satisfactory to Border Ruffians, except in One Respect; Governor Authorized to Employ the United States Troops 283-288 CHAPTER XXVII— 1856. State Legislature — Winter passes by without any Invasion ; Rumors that the Legislature would be Arrested ; Assembling 16 CONTENTS. of the State Legislature ; Its Organization ; Governor's Mes- sage; Acts of the Legislature; Territorial Executive Com- mittee Makes its Report and Closes its Existence; Its History; Territorial Free State Scrip ; Names of Members of the Leg- islature 289-295 CHAPTER XXVIII— 1856. Congress — Investigating Committee — Thirty-fourth Congress ; Reader Contests Whitfield's Seat; Appointment of the Investi- gating Committee; The Resolutions; The Committee; Their Action; Their Report; Its Summary; The Appointment of the Committee the Work of Anti-Slavery Men ; Bitterly Op- posed by Pro-Slavery Men ; Border Chiefa Enraged ; Renew Their Threats of Extermination; The Quarantine; Pardee Butler Again Outraged; Whitfield Ousted ; (Topeka Constitu- tion in Congress — see Appendix.) 296-302 CHAPTER XXIX— 1856. The Leading Free State Men Arrested or Driven from the Territory— Interest in Kansas; S. N.Wood; Southern Emi- grants; Buford's RegiTient; Attempts at Arrests; Sheriff Jones again Enraged ; Calls on the Govsmor for Help : Gov- ernor Writes For and Obtains Troops ; Sumner's Letter to the Mayor ol Lawrence; Sheriff Aaain in Lawrence and Makes Arrests; Is Shot in the Evening; Action of the Citizens; Sam. Salters Continues the Arrests ; Hiding of Free State Men ; Lawrence Environed; Colonel Sumner; Writes a Letter to Dr. Robinson ; The Reply ; Attemot to Arrest Reeder ; Failure; Writs for Leadin!; Free State Men ; Their Conference at Tecumseh: Decide to Call State Legislature and Elude the Arrest until It Meets; Governor Robinson Starts East; Is Intercepted; Mrs. Robinson Goes On; Governor Brought Back; Escape of Reeder; Arrest of G. W. Brown and Gaius Jenkins; Copy of the Indictment for Treason 303-311 CHAPTER XXX— 1856. The Siege of Lawrence — Lawrence Again Besieged; "Squatter Sovereign; " Proclamation of the Secretary; Letter to Gov- ernor Shannon ; His Reply; Action in Regard to Secretary's Proclamation; People Without a Leader; Committee of Safety; Its Policy; Resigns; A New Committee; Its Policy and Reasons; Federal Troops; The Embarrassment; Dis- content; Many Leave Lawrence; The Invading Forces; De- tention of a United States Officer; Arms Seized; Persons Arrested; Cox's Visit to the Pro-Slavery Camp ; Letter Irom Lawrence to Secretary Woodson; His Reply, Efforts to Avert the Calamity; The Special Effort; A Failure; Murder of Jones and Stewart; A Final Peace Effort to Ward Off the Blow 312-328 CHAPTER XXXI— 1856. The Sack of Lawrence — The Invading Forces ; They Appear Be- hind Lawrence ; Scene in Lawrence ; Marshal Enters Town ; CONTENTS. 17 Makes Arrests ; Hands Over His Posse to SheriflF Jones ; Letter from the Committee of Sa'ety to the Marshal ; Jones Enters Town and Deniarda the Arms, wbich are Given Up; Atchison's Speech ; Invaders Enter the Town ; Indictnr.ents Against Public Build:n-?s; Destruction of the "Free State Press"; Of the "Herald of Freedom ; " Hotel Demolished; Description of the JJuildings ; Jones in His Glo:y; Plunder ing; The Loss 329-338 CHAPTER XXXri— 1856. Djfficulties AT Leatekworth — Retiring Invaders: Another War Appeal; Free State Guerrillas; Lecorapton Affrighted; Attack on Captain Walker; Affray at Mr. Storr's; Governor Searches for Arras ; Efforts to Break Up the Congressional Investiga- tion ; Notice; Arrests. 339-344 CHAPTER XXXIII— 1856. " Old Brown's " Warfare — Life asd Cbaracter of John Brown, Sen.; John Rrown, Jr., Marches to the Rescue of Lawrence; Pottowatomie Murders; Causes to bn Deplored; Pretext for new O.Urages; Young Brcwn'a Company Disbanded; Old i rown on the War Path ; Captain Patf/s Invasion ; Takes Two of Brown's Sons Pri.^oners; Encamps ou Blackjack; Plun- ders Palmyra and Takes Prisoners; The Battle; Escape of Dr. Graham; Tie Surrender; Attack on Franklin; Gathering of Missourians on Bull Creek; Governor's Proclamation; Gathering of the Free State Forces ; Colonel Samner's Arri- val; Disperses Shore's Men and Brown's; Sumner Visits Whitfield's Camp; Whitfield's Forcr^>i Divide; One Goes to Missouri with the Prisoners, Some of Whom They Kill ; The Other to Osawatomie and Sack It., 315-362 CHAPTER XXXIV— 1856. Relief for Kansas and the Dispersion op the Legislatitre — Reign of Terror ; Emigrants from Illinois Driver, Back ; Boats Seized and returned ; Aid from the East; Wisconsin First to Move; Rev. Henry Ward BeecheratNew Haven; Illinois; Grand Kansas Aid Committee; Beaton and State Kansas Committees; Causes of Popular Interest; Excitement in the South; ProteC' tion for the State Legislature; Call for Extra Session; Pre- parations for Arresting It; The Extra Session; Communi- cation with Colonel Sumner; Secretary Woodson Visita the Convention; Entrance of Colonel Sumner ; The Dispersion... 363-376 CHAPTER XXXV-1856. Bold Strokes AND Extermination — Colonel Sumner Superseded; General Smith; General Lane's Advent ; Guerrillas; Taking of the Pro-Slavery Fort; Murder of Major Hoyt; Franklin Ta- ken; Fort Saunders; Titus' House Attacked; Stampede at Le- compton; Governor Shannon's Second Treaty; Outrages; Res- ignation and Removal of Governor Shannon ; Extermination Again; The B.rder Circular; Appeal of the " Law-andOrder Pflrtj;" V/oodson's Proclamation; "Squatter Sovereign's" "Third and Last Time;" Militia Called Out; Skirmish on Middle Creek; March Upon Osawatomie; The Battle; Town Sacked 3 18 CONTENTS, and Burnt; The Rasnlt; Depredations About Lecompton ; Orders to Destroy Topeka; Topeka Boys on a March; Colonel Harvey's Men at Slouch Creek ; Demonstrations Before Le- compton ; Release of f'risoners ; Barbarites at Leavenworth; Reign of Terror Compieie; Release of Free State Prisoners.. 377-394 CHAPTER XXXVI— 1856. GoTERSoa Geary — Governor Geary's Appointment — His Biog- raphy; Pro-Slavery Men Disspti-fied; Their Address; Their Deji^n ; Governor's Anival and What he Saw ; His Inaugural ; Ord: rs the Militia to Disband ; Force about Lawrence ; Panic at Lrteonapton; Affray at Hickory Point; Sketch of Captain Whipple's Life; Arrest of Harvey's Men; Their Trial; The Forces Around Lawrence; Visit of the Governor; the "Militia." 395-406 CHAPTER XXXVII— 1856. The Courts — Territorial Courts ; Judge Cato; Murder of Baffum ; Efforts to Arrest the Murderer and Bring Him to Justice ; Life and Character ol Judee Lecompte ; Geary seeks to Arouse the Judges to a Sense of Duty ; Re'luses Troops to Make Arrests... 407-412 CHAPTER XXXVIII— 1856. Lane's Northern Army — Emigra ion Gathers in Iowa; Irs Char- acter; First Company Throu.;h; Opening the Way ; The Army; Efforts to Check this Emigration ; Redpath'a Company; Depu- tation Calls on the Governor; Pcmeroy and Eldridge's Com- pany; The Governor's Account; Geary's Prejudices. 413-421 CHAPTER XXXIX- 1856-57. Peace — Arrest op the Free State Legislature — Reign of Peace ; D's'.urbancps at Leavenworth Slopped; Territorial Troops; Election for Delegate to Congress; Governor's Tour ; Troubles in Southern Kansas; Generous Offer of Vermont ; Thadyos Hyatt's Scheme; Geary's Administration; Peace Efforts; State Legislature Assembles; Resignation of Robinson; His Ex- planntion; Sheriff Jones' Scheme; Members Arrested 422-427 CHAPTER XL— 1857. Territorial Legislature— Territorial Legislature Convenes; Ob- jectionable Acts; Qaarrels with the Governor; William T. Sherrard; Cause of the DilScalty; S!i?.rrard Asaails Jones and others; Offers Indignities to 'he Governcr ; Efforts to Censure Sherrard; Indifference of Judge Cato ; Indignation Meetini:s; One at Lecompton; Resolutions ; Sherrard Killed; Naiiouai Democratic Party o! Kansas Territory; Death of Richardsoii ; Treasurer's Report; Geary Forsaken; R-presentatives at Wash- ington; Geary Resig.Ts; Flees from the Territory; Parallel Between Reeder and Geary; New Appointments 428-440 CP AFTER XLI— 1857. Question of VoTcra for Delegates to the Lecompton Constitu- tional Convention — Life ol Hon. R. J. Walker; Object of His Appointment; Sketch of Hon. F. P. Stanton's Lite; Arrival of the Latter -t Lecompton, Their Policy; Fre-; St^ite Men lacredulous; Vote for Calling the State Convention ; Provis- CONTENTS. 19 ioDS for Talking the Census; ProTisions for the Election of Delegates; Census Returns; Law Not Complied With; The ADportionmeut; Mr. Stanton's Speech; Governor Walker on the Election in his Inaugural; Reasons Why Free State Men 'fid n t Contest the Election ; Pro-Slavery Men Censure Walker; Extract from Richmond Pap;r; Free State Men Re- solv.i not to contest the Election; State Legislature Convenes... 441-454 CHAPTER XLII— 1857. Question of Voting for Members of the Legislature— Conven- tion at Topeka; Election ; The Lawrence Municipal Govern- ment; Question of contesting the Election; DifBcDl'ies in the Way; Apportionment; Decided Against Free State Men; Grass- hopper Falls Convention; Remarks; Resolutions; The Dele- gate Convention; Election Results; Frauds; Kansas Judges.... 455-464 CHAPTER XLIII— 1857. Lecompton Constitutional Convention — Constitutional Convention Organized ; Indiunation Towards the Convention ; Framing the Constitution; Question of Submittins; It to a Vote; Its Features; Provisions for Submit in£C It to the People; Objec- tions to It ; Free State Men Refuse to Participate in Election ; The Misstep ; Critical Situation of Free State Men ; The Frightful Measure; Governor Walker at Washinaton; His Resit;- nr.tion; Extra Session of the Legislature called; Dilficulties the Legislature could not Overcome; Its Acts; Removal of Stan- ton and Appointment of General Denver; Election on Ratifi- cation or Rejection; Constitution in Congress — English Bill; Covode Investigation 46.5-481 CHAPTER XLIV— 1857-8. Legislatures — Election for State Officers; Democratic Conven- tion ; Lawrence Convention of December 2d ; Tha* of the 23d; Lane's Strategy , " Bolter's Convention ; " Election Re- suite; Memorial to Coneresp; Fr^'e State Legislature ; Coramu nication to the Territorial Legislature; Action of the Latter ; The Former AdjourtiF; General Denver; Territorial Legislature Convenes; Board of Coinmissionerr; Failure of the Let'islature. 482-494 CHAPTER XLV— 1854-57. Troubles J N Southeastern Kansas— First Settlers; Capt. James Montg'-mery; First Convention; Second Conventioo; First Elec- tion; Appearance of Armed Force; Grievance:-; The Christian Warrior; Terribes ihe Enem^; Attacks Davis, Rtiid in Mis- ouri ; A Si=cond Raid ; Retires; Pro Slavery Men During the Wiuitr; Free State Emigrar-ts; C .aim Difficulties; The Fort Scott Coun; Provocations; Free State Court; Atteoipt to Ar- rest It; Reinforcements; Lane's Report. 495-510 CHAPTER XLVI— 1858. Troubles IN South-eastern Kansas — ConUniied—Vort Scott En- tered; Diiving Pro-Slavery Men; Captain Stew.irt; Thieviuj;; Policy of Montcomery; End of the Wicked; Retaliation; Fr^e State Men Alarmed ; Spirs in Secret Socicfties ; Hamil- ton's Plan; Account of Hamilton; Montgomery Seeks to 20 CONTENTS. Thwart Hisi Purpose; Fijrht with the U. S. Troops; Hamilton Prepares to Strike; The Murders; The Pursuit; Dispatches to Denver; Captain Walker's Visit to Fort Scott, and Arrests; General Denver's Visit; Meeting at Raysville; Speeches of Denver and Montgom-rj; 'I'reaty; Understanding. 511-526 CHAPTER XLVII— 1857-8. Political Parties — Disintegration of Political Parties; Of the Free State Party; In the Fall of 1857; At the Legislature; Its Action; Conslitut'oaal Co?ivention ; Difficulty in Uniting , Last of the T-f-eka State Government; Vote for Delegates; Constitution; Nomination; Election; English Bill; Old Ap- ortionment; Republican Party; Democratic Party; Attempt to Preserve the Free State Party; A Failure; Observation; Democratic Organization Perfected; Republican Party Fully Organized; Territorial Legislature of 1859 527-538 CHAPTER XLVIII— 1858-9. Troubles in South-eastern Kansas — They Continue; Murder and Robbery; Arrest of Marshall; Emifftants; Wbv Slavery Clung to Soutb-eantem Kangse; Arrest of Rice; John Browc; His Fort Menaced; Free State Deiiiocrats; They Endorse Montgomery; Release of Rice; Little Killed and Store Robbed; John Brown Liberate.^ Fourteen Slaves; That which Followed; Letter from Judge Williams; Amnesty; Flurry at Lawrence 539-548 CHAPTER XLIX— 1859, Various Items — Provisionr. of the First Legislature for Auditing Claims; The Commissioner; His Report; Appointment of a New Board of Commic ( ricts and settlements ; factories aud store-houses had been estabUshed in each ; the attention of the colonists had been drawn from the unprofitable search for gold, to the impor- tance of agriculture; the culture of rice, indigo and tobacco had been introduced, and figs and oranges were growing in hixuriant abundance; communication and commerce had been opened with the Indies and Canada; in short, the col- ony had been brought into a condition of self support. On the reversion of Louisiana to the King, he began the chastisement of the Indians, who had been instigated to deeds of violence by the English and Spaniards. One pow- erful tribe, the X^tches, was utterly annihilated, and the Chicasaws severely punished. The territory claimed by the French under the name of Louisiana was immense. Beginning to the east, midway between Pensacola and Mobile, the boundary ran north to the head waters of the Ohio. Ev^ery rivulet whose waters ran to the Mississippi was claimed by tlio French. " Half a mile,'' says Bancroft, " from the head of the southern branch of the Savannah River is a spring, which flows to the Mississippi ; strangers who drank of it would say that they had tasted of French ^vaters." Beginning at the soutli-west on the Rio del Norte and ascendincc on a line of the ridge that divides it from the Red River, the boundary extended along this ridge to the Gulf of California. On the north-west, the boundary line between the Hudson Bay Company was not fixed. On the north-east it was bounded by Canada. It must not be supposed that while the French were thus exploring, taking possession of, and settling so vast a coun- try, that the Spaniards and English were wholly ignorant of, or indifferent to, their operations. Both nations had watched the P rench with a jealous eye and envied their success. The Spaniards had at one time destroyed a settlement at the Isle of Dauphine and frequently harassed the colon- ists. From the discovery of the continent, England had 30 HISTORY 'OF KANSAS TERRITORY. cUiimed all territory from sea to sea. lu 1684 and 1726 she bad purchased all the land laying north-west of the Ohi(j from the Six IS'ations, who claimed to hold it. As early as 1724 English settlers were found along the Ohio River. — Upon these grounds England based a claim to this countiy, and the Governor of Virginia had repeatedly called the attention of the legislators to the importance of protecting their claim against the encroachments of the French. It was not until 1748 that anything Avas done by the English to openly assert their right to the territory. It was then resolved that the most effectual way to secure their possessions was to settle them. The Qhio company was organized with a grant of a half a million acres of land and several other companies of a similar nature were formed. These sent out emigrants, established settlements, opened farms, built store-houses and began a traffic with the Indians^ The Governor of Canada learning the movements of the British, caused inscriptions to be made upon plates of lead, setting forth the fact that the territory belonged to Prance, and had them placed on stakes in different parts of the dis- puted possessions. T3ut this eftbrt to stay the encroachment of the English proving futile, an irregular warfare was be- gun between the French settlers and their allies — the Indi- ans — on the one side, and the English settlers on the other, until finallj^ one neighborhood of the latter was utterly de- stroyed. Meanwhile the Governor of Canada constructs military roads and forts in different parts of the territory. The ex- ecutive of Virginia learning of the sad destruction of an English settlement on the banks of the Ohio by the French and their other warlike demonstrations, despatched a mes- senger ( Geo. Washington ) to the commander of one of the French forts to in([uire what business he had upon his Majesty's domains and require his removal from the terri- tory. This messenger having met with a decided refusal by^the French General to comply with these requisitions, HISTORY OF LOUISIANA. 31 an open rupture soon took place between the two nations. The war which followed — commonly known as the French war— I have not space to treat of in detail. It lasted for nine years, first in America, then in Europe, and was ter- minated, in 1763, by the treaty of Paris. This treaty ceded from France to England Canada, Nova Scotia and the Island of Cape Breton, with their de- pendencies ; fixed the boundary between the dominions of the two nations by a line drawn along the middle of the river Mississippi from its source to the river Iberville, and from thence by a line drawn along the middle of this river and the lakes ^laurepas and Ponchartrain, to the sea, and withdrew all claim on tlie part of France to any territory east of the Mississippi. The vast territory, thus acquired by England west of the Alleghanies, was divided out among the colonies along the Atlantic coasts and held by them by charters from their mother country until after their in- (k'pendence. Spain, who had stood aloof from the conflict of the two nations until she had seen the vast territory in America wrested from France, alarmed at the increasing greatness of Britain and tlie danger of losing her own possessions across the Atlantic, in 1762, determined to make common cause with France, and declared war against England. But by this step she sufifered what she sought to avert ; for be- fore another year had passed, she, with France, was com- pelled to treat for peace by relinquishing Florida in favor of England. But France undervaluing her remnant of Louisiana, ceded it, in 1764, to Spain as a compensation for her loss of Florida. Thus the vast and fertile territory included in Canada and Louisiana, which had awakened dazzling hopes in France by the greatness of its prospects, and which had cost her so much solicitude, expense and misfortune, was swept from her by the fortune of war. This cession of Louisiana to Spain was not made known 32 HISTORY OF KANSAS TERRITORY. to the inhabitants for a time ; but wlien the rumor reached them, it awakened a general dissatisfaction among the col- onists ; for they were intensely French, and nothing could be more odious to them than Spanish rule. When Spain did take possession of Louisiana, it was in such a way as to exasperate the excited inhabitants, and the policy she pur- sued, was one not calculated to win their affection. It was years before the machinery of government was fully estab- lished and worked witli smoothness. In 1776, the thirteen colonies east of the AUeghanies de- clared their separation from England, and by a long and hard struggle maintained it. After the establishment of the general government, they ceded their respective claims to territory in the west, to the sovereignty of the United States. This broad expanse of country lying between the Alleghany mountains and the Mississippi river, once a part of Louisiana, was divided up into districts by Congress, which were organized under territorial government, and, in a constitutional way, successively admitted into the Union as states Avith the names they now bear. In this great American revolution, which resulted in the independence of the English colonies, Spain employed about the same tactics as in the former war, but with better success. France had repeatedly solicited her to join the cause of the colonies against Britain, but fearing the effects of their independence upon her adjoining possessions, she observed a strict neutrality, hoping to be able to accomp- lish more by diplomacy than by a resort to arms. She of- fered herself as a mediator between the belligerent powers, to which France acceded, but England peremptorily refused to acknowledge the independence of her subjects across the ocean, whereupon Spain joined (1779 ) heartily in the strife, doing much mischief to Engalnd by her maritime strength. The colony of Louisiana, rejoicing at the opportunity of re- venging her suffering during the last war, raised fourteen thousand men, under the command of Galvez, and took HISTORY OF LOUISIANA. 3o possession of the East and the West Floriclas. By the treaty of peace which England was compelled to make this time, uU the territory east of the Mississippi, below the thirty- first degree of latitude, was ceded to Spain. The treaty between the United States and Spain in, 1795, con- ceded to the former the free navigation of the Mississippi, the right of deposit at New Orleans, and fixed the boundary of the two dominions east of the Mississippi on the thirty-first degree of north latitude, deviating slightly from it towards the Atlantic. From 1793 to 1797 efforts were made by the agents of France and Spain to prevail upon the people of the south-western territory to separate from the United States, and, Avith Louisiana in con- nection with these two powers, form an independent government west of the Alleghany mountains. Genet, the JNIinister of the French Republic, first fermented the idea, and even went so fiir as to enlist the sympathies and co-operation of the western peo- ple. But his government discovering his acts and recalling him, the United States establishing a strong military force in the West, squelched the movement. Garondolet, the governor of Louisiana, sought to attain the same object. He refused to give up certain posts that fell to the United States by the treaty, and embarrassed the navigation of the Mississippi. He sent secret agents into Ohio and Kentucky and sought to bril)e over com- manders of military posts to his interests ; but finding them in- corruptible, his project failed. Therefore, when the United States ascertained through her Minister at Paris, Mr. Livingston, that the whole of Louisiana had been re-troceded to France by the secret treaty of Ildefonso (1800), as might be expected, was greatly alarmed. While impotent Spain had held dominion there, she had experienced great danger ; still more was she imperilled when ambitious and powerftd France established herself in so strong and commanding position. The sagacious Jefferson, then President, comprehending the peril of his country's situation, like a wise and skillful statesman, by one of the most celebrated and strategic strokes of American di- 34 HISTORY or KANSAS TEERITORY. plomacy, steered the ship of State free of danger. Though the future seemed lowering, the present he augured propitious. — France suffering from a long and disastrous war with England and an impoverished treasury, was i)i no condition to resist a determined overture from the United States for the possession of Louisiana. Jefferson, accordingly, dispatched instructions to the United States Minister at Paris, to represent to the First Consul that the occupation of New Orleans by France would endanger the friendly relations between the two nations, and, perhaps, even oblige the United States to make common cause with Eng- land; as the possession of this city by the former, by giving her the command of the Mississippi, the only outlet to the produce of the Western States, and also the Gulf of Mexico, so import- ant to American commerce, would render it almost certain that the conflicting interests of the two nations would lead to an open rupture. ]\'Ir. Livingston, the Minister, was instructed to nego- tiate not only for the free navigation of the Mississippi, but for the acquisition of New Orleans and the territory itself Bonaparte, on receiving these representations from the Minis- ter of the United States, summoned a conference with two of his ministers who had resided in Louisiana, and opened it with these words : " I am fully sensible of the value of Louisiana, and it is my wish to repair the error of the French diplomatists, who abandoned it in 1763. I have scarcely recovered it, before I run tlic risk of losing it; but, if I am obliged to give it up, it shall hereafter cost more to those who force me to part with it, than to those to whom I yield it. The English have despoiled France of all her northern possessions, and now they covet those of the south. I am determined that they shall not have the INIissis- sippi. Although Louisiana is but a trifle compared with their vast possessions in other parts of the globe, yet, judging from the vexation which they have manifested on seeing it return to the power of France, I am certain that their first object will be to gain possession of it. They will probably commence war in that quarter. They have twenty vessels in the Gulf of Mex- ico, and aflairs in St. Domingo are daily getting worse since the HISTORY OF LOUISIANA. 35 death of Le Clerc. The conquest of Louisiana might be easilv niade, and I have not a moment to lose in putting it out of their reach. I am not sure but that they have ah-eady begun the at- tack upon it. Such a measure would be in accordance A\'itli their habits, and in their place, I should not wait. I am in- clined in order to deprive them of all prospects of ever possess- ing it, to cede it to the United States. Indeed, I cannot say I cede it, for I hardly possess it ; and if I wait but a short time, my enemies will leave me nothing but an empty title to grant to the republic I wish to conciliate. They only ask for the city of Louisiana, but I consider the whole colony lost; and I believ(> in the hands of this rising power, it will be more useful to the political, and even the commercial interest of France, than if I should attempt to retain it." After inquiring from both for their opinions on the subject and debating the matter for a long time, he dismissed the conference without making known his determination. On the following day, calling his chief minister, he said : " The season for deliber- ation is over ; I have determined to renounce not only New Or- leans, but the whole colony. '^ '•' '■' I commission you, therefore, to negotiate this aifair Avith the envoys of the United States. Do not wait for the arrival of Mr. Monroe ; but go this very day and confer >vith Mr. Livingston. Remember, how- ever, I want ample funds for carrying on the war, and I do not Avant to commence it by IcA'ying new^ taxes. For the last century France and Spain have incurred great expenses in the improve- ment of Louisiana, for which her trade has never indemnified us. Large sums have been advanced to different companies Avliich have never returned to the treasury. It is fair that I should require payment for these. Were I to regulate my de- mands by the importance of this territory to the United States, they would be unbounded ; but, being obliged to part with it, I shall be moderate in my terms. Still remember, I must have fifty millions of francs and will not consent to take less. I would rather make some desperate effort to preserve this fine country." After some considerable correspondence between the ministers 36 HISTORY OF KANSAS TERRITORY. of the two republics, and quibbling about the price, the purchase was effected by the United States for sixteen million dollars, four millions of which was to be paid to American merchants to indemnify them for losses from French privateers. The treaty was signed on the 3d of May, 1803, and ratified by Congress on the twentieth of the following October ; the most essential pro- visions of which, bearing upon our subject, are here inscribed : "Article 1. — A\' hereas, by the article the third of the treaty concluded at St. Ildefonso, the 9th Vendimiaire, an 9, (October 1, 1800,) between the First Consul of the French Re- public and his Catholic Majesty, it is agreed as follows: His Catholic Majesty promises and engages on his part to retrocede to the French republic, six months after the full and entire execution of the conditions and stipulations herein to his royal highness, the Duke of Parma, the colony or ]>rovince of Louisi- ana, with the same extent it now has in tlie hands of Spain, and that it had when France possessed it, and such as it should be after the treaties entered into between Spain and other States; And, Whereas, in pursuance of the treaty, and especially the third article, the French Republic has an incontestable title to the domain and possession of said territory : The First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the United States, in the name of the French Republic, forever, and in full sovereignty, the said territory and all its appurtenances, as full}' and in the same manner as they have been acquired by the French Republic, in virtue of the above mentioned treaty con- cluded with his Catholic Majesty. "Article 3. The inhabitants of the ceded territory shall be incorporated into the Union of the United States, and ad- mitted, as soon as possible, to all the rights, advantages and immunities of the citizens of the United States; and, in the meantime, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they prefer." Immediatel}' after the accession of Louisiana, the President dispatched Generals AVilkinson and Claiborne to take posses- sion of it in behalf of the United States. On their arrival at HISTORY OF LOUISIANA. ^7 New|Orleans the star-spangled banner supplanted the (ivi-eolored Hag of France. By an act of Congress the same year, it -was di- vided into two unequal parts: the one extending from the tiiirty-third degree of latitude to the Gulf of Mexico, under the name of the Territory of Orleans; the other embraced the re- maining jiortion of the cession, and was called the District of Louisiana, The following year the Territory of Orleans passed under tlie second grade of government. In those days there were two distinct conditions Avhich organized territory could occupy. In the first they were governed by a governor, judges and secretary, appointed by the President ; in the second, besides these officers, they had a council appointed by the President and Senate of the United States, and a House of lle})rcsentatives, chosen and elected by the people. In 1811 the Territory of Orleans having complied with the necessary requisitions, was constituted a State in the Federal Union, under tlie name of Louisiana. The Ter- ritory of Louisiana was under the jurisdiction of the Governor ;uid judges of Indiana Territory the first year, but in 1805 was admitted to the first grade of government; in 1811 to the sec- ond, under the name of Missouri, and in 1820 it was made one of the United States of America. The narrow skirt of coast along the Gulf of Mexico, below the thirty-first degree of latitude, was ceded to the United States by Spain in 1818, and was annexed to the States immediately above it. The territories of Texas, Arkansas, Iowa and Minnesota were in turn next organized, formed, and, in the usual way, admitted to the dignity, rights and privileges of independent States. In 1854, by an act of Congress, the territories of Kansas and Nebraska were organized, a detailed account of which I \\ill give in a subsequent chapter. Before I enter upon this branch of my subject, I desire to disclose the gathering of the storm that burst upon the virgin soil of Kansas ; but Avhich, by dis- creet council, strong arms and brave hearts, -was turned back to vent its fury on the nation. 38 HISTORY OF KANSAS TERRITORY. CHAPTER III. INTRODUCTION AND ESTABLISHMENT OF AFRICAN SLAVERY IN THE UNITED STATES AGAINST THE AVISHES OF THE PEOPLE. African slavery has always met Avitli a spirited, yet coinpro- misinii opposition from the American people. From the time it first began to attract attention in the English colonies, the earn- est prayer and efforts of the inhabitants have been to prevent its extension, and provide for its ultimate extinction. But tlu' history of this foul institution will show that whenever by its growth the bonds of legislation have become too tight, it has broken them; that whenever the pati'iotic and freedom-loving peo])le of this eountrv have met its advance with a determined resistance, it has, by menacing the existence of the General Gov- ernment, or brandishing aloft the sword of disunion, compelled them in order to avert the threatened danger, to acquiesce in its demands ; that thus it ruled the founders of our Republic and the Congress of the United States, until it challenged a contest with Freedom at the ballot-box in the distant field of Kansas ; that here, discarding its chosen Aveapon, and trampling imder foot the sanctity of the ballot-box — the palladium of American liberty — it sought to attain its ends by its usual tactics, — intimi- dation, force and fraud ; that here. Freedom, driven to the very door of her temple, comprehending the real character of the mon- ster with which she had to grapple, fought with the valor and prowess of an angel, combatting Satan and his demons in their approach upon the battlements of Heaven ; that, its loathsome and blighting presence driven back from the sacred soil of Kan- sas, smarting from defeat, with its ungovernable spirit enraged by SLAVERY. ;39 o]^position, it attacked the lii'e of the beneficent govcrmnent which had fostered its growth through forbearance, and perished iVom the sword of its own drawing. Tlie odious distinction of establishing negro slavery in the thirteen colonies belongs to England. Although the Dutch were the first to engage in transporting Africans to the colonies, yet, under their commerce alone, it languished, and slavery thus introduced could easily have been re- moved by the benevolent spirit, of colonial legislation. It was not until after the treaty of Utrecht, under English monopoly, that the slave trade with the colonies acquired its importance. By the decisions of her chief counsellors, York and Talbot, England legalized it; by her sovereignty the American ports were tlirown open to the slave trade, and the prohibitions of the colonies against such importa- tion annulled; by her Queens and Lords, the business Avaw carried on and profits shared ; by her ministers, a cloak of religion was throwni around its foulness, and they called it a mode to evangelize the heathen ; by her merchants it was declared that "negro labor will keep our colonies in due subserviency to their mother country; for while our plantations depend only on planting by the negro, our col- onies can never prove injurious to British manufactories, never become independent of their kingdom." In 1702 Queen Anne instructed the governor of New York and New^ Jersey to "give due encouragement to slave merchants, a,nd in particular to the royal African Company of Eng- land." In 1775 the Earl of Dartmouth declares "we can not allow the colonies to check, or discourage in any degi-ee, a tratfic so beneficial to the nation." Prior to 1740 England had introduced into the colonies about one hundred and tliirty thousand blacks ; by 1776 it had increased to three lunidred thousand. The population of negro slaves among the thirteen colonies in 1754 stood as follows: Xew llampsliire, Massachusetts and Maine, 3,000; Rhode Island, 4,500; Connecticut 3,500; New York 11.000: New Jersey 40 HISTOR'Y OF KANSAS TERRITORY. 5,500; Pennsylvania and Delaware 11,000 ; Maryland 4,400 ; Virginia 116,000 ; Nortli Carolina 20,000 ; South Carolina 40,000 ; Georgia 2,000. Between 1754 and 1776 these numbers must have been greatly aiigmented, as that was the most flourishing time for slave merchants. We have no means of ascertaining what number there was at the time the colonies declared their independence ; but by the census taken in 1790 the population of slaves was returned as follows; New Hampshire 158; Rhode Island 952; Con- necticut 2,759 ; Massachusetts emancipated hers in 1780 ; New York 21,324 ; New Jersey 11,423 ; Pennsylvania 3,737 ; Delaware 8,887 ; Maryland 103,036 ; Virginia 293,- 427 ; North Carolina 100,572 ; South Carolina 107,094 ; Georgia 29,264. It must be borne in mind that many had been emancipated by the northern States during and after the Revolution, and others had been taken into new States and Territories. Thus did England plant " the great evil of Slavery " in the constitution of her colonies ; and that in many cases against their earnest and filial remonstrance, Massachu- setts always opposed the introduction of slaves from abroad, and in 1701 instructed her representatives " to put a period to negroes being slaves." But the Earl of Dartmouth inter- poses his edict, " we cannot allow the colonies to check, or discourage, in any degree, a traffic so beneficial to the na- tion." In 1645 two reputable townsmen of Boston, " sailed for Guinea to trade for negroes." But when it is noised abroad, public sentiment pronounces them malefactors and murderers, and a worthy magistrate denounces their act as contrary to the law of God and the law of the country, "and committed the guilty men for the ofiense." After ad- vice with the elders and representatives of the people "bearing witness against the heinous crime of man-stealing," ordered the negroes to be restored at the public charge "to their native country, with a letter expressing the indig- nation of the court" at their wrongs. But Queen Anne ad- monishes the governor "to give due encouragement to SLAVERY. 41 slave mereliants." In Virginia slavery built up a landed aristocracy who loved " the institution." But such was the spirit of popular Hbcrt}^ that it demands of the legisla- ture to suppress the importation of slaves. The legislature yielding to some extent to the voice of its constituency lev- ies a tax on each negro imported, but the Governor soon announces that " the interfering interests of the African company has obtained a repeal of that law." Whereupon a statesman of Virginia, despairing of success, declares that " the British government of Virginia constantly checks the attempts of Virginia to put a stop to the infernal traffic." In Georgia from the very first the colonists prohibited the introduction ot slaves by law. James Oglethorpe writes, " my friends and I settled the colony of Georgia, and by charter were established trustees. We determined not to suiFer slavery there ; but the slave merchants and their ad- herents not only occasioned us much trouble, but at last got the government to sanction them." In New York the Dutch offered to furnish slaves to the colonists, but the rigor of the climate more than the humanity of the people, prevented the rapid growth of slavery there. But notwith- standing the obstacles which the climate interposed, the governor is instructed by royal authority to encourage the importation of negroes. In 1712 Pennsylvania circulates a general petition for the gradual emancipation of slaves by law. In the 'New England States laws were framed pro- hibitmg the holding of negroes as slaves. Every man own- ing slaves was required after ten years to emancipate them ; and every one failing to comply with this regulation was lined twice the value of each slave thus held. Although this law was not strictly enforced, still it shows the feeling of the colony relative to slavery. Even South Carohna, where slavery is coevaf'^with the settlement on Ashley River, and where it was foimd to be " v'ery profitable," complains in 1727 of " the vast importation of slaves," and 42 HISTORY OP KANSAS TERRITORY. when she seeks to apply a restriction, slie is met by a re- buke from the Enghsh ministry. The immortal Declaration of Independence contains a clear and familiar expression of the sentiments of the col- onists upon the natural rights of men at that time. That " all men are created equal, with certain inalienable rights " was no new conception of Jefferson ; it was the embodi- ment of the deeply rooted convictions of the iVmerican people ; an idea that had been fully discussed in their con- ventions. Even Georgia had, just the year previous, re- solved in the Darien committee, " at all times to use our utmost eifbrts for the manumission of our slaves in this colony upon the most safe and equitable footing for the masters and themselves." The clause in the original draft of the Declaration indicting George III, as the patron and upholder of the African slave trade, which was stricken f>ut to satisfy South Carolina and Georgia, whose people had found slavery "profitable," expresses clearly the feel- ings of the majority of the colonists in regard to this lior- rible traffic in human flesh. It reads as follows: "Determined to keep open a market where men should be bought and sold, he has prostituted his negative for every legislative attempt to prohibit, or restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished dye, he is now cxcitino- those vciy people to rise in arms against us, and purchase that libert}' of w^hich he has deprived them, b}^ murdering the people on whom he also obtruded them; thus paying oil* former crimes committed against the liberties of one people, with which he urges them to commit against the lives of another." The first Continental Congress in which the colonists en- joyed, for the first time, an unrestrained legislation, in ac- cordance with the long expressed wish of the country, resolved "that no slaves be imported into any of the tliir- teen united colonies." SLAVERY. 43 After the Revolution was over, the colonies havinix achieved their independence, the vast lands lyins: between the Alleghanies and Mississippi were lield by certain mem- bers of the Confederacy. As the charters by which these lands were held coutiicted ; the whole having been won by the common valor of all the colonies; it was agreed, to avoid disputes and settle the matter upon equitable princi- ples, that the colonies, thus holding lands, should cede their right over to the General Government. Accordingly in 1784 Mr. Jeiferson reported " An Ordinance for the gov- ernment 'of the territory ceded already, or to be ceded, by individual States to the United States ; specifying that such territory extends from the 31st to the 47th degree of lati- tude, so as to include what now constitutes the States of Tennessee, Alabama and^Mississippi ;" the fifth article of which ordinance declares "that after the year 1800 of the Christian era, there shall be neither slavery nor'in voluntary servitude in any of the said States " — that is States formed from the said territory. The southern members generally voted against this bill, but it came so near being the funda- mental law of the land, thus restricting slavery forever where the mother country had planted it, that it only lacked one vote, occasioned by the absence of a member Irom IS^ew Jersey. In 1787 the last Continental Congress passed a law pro- hibiting slavery in the territory north-west of the Ohio River which Virginia had ceded to the United States, and to which other States had relinquished their claims. The prohibition reads as follows : " There shall be neither slavery, nor involuntary servi- tude in the said territory, otherwise than in punishment of crime, whereof the parties shall be duly convicted." In the constitutional convention that framed the govern- ment under which which we now live, the triumph of 44 HISTORY OF KANSAS TERRITORY. slaverv over the prevailing Bentiment of the American peo- ple by the same tactics which is successfully employed for the next t^eveuty years, is, for the first time, witnessed. Although our fathers were unable to abolish slavery at once, so great was the magnitude to which it had attained, and so deeply had it rooted itself in the interest of some of the southern colonies, still they expected that the northern states would continue to emancipate their slaves as some of them already had done, and by a prudential legislation to restrict slavery in the southern states, so that for the want of territory it would ultimately become extinct. But after the constitution had Ijeen framed, with an utter si- lence in regard to slavery, except a clause which contained an article against an immediate and absolute prohibition to importing negro slaves, the representatives of Georgia and South Carolina came forward and declared " that their constituents can never accede to a constitution containing such an article ; "''^ that if such a clause is retained they miffht regard these two states out of the Union. To obvi- ate the objections of these two factious colonies, a compro- mise was effected, extending the slave trade franchise twenty years, with the implication that at the expiration of that time Congress might prohibit it. Encouraged by the suc- cess of their demand, they now make an humble request on the x)lea of equity, for the rendition of fugitive slaves from one state to another, as a kind of sugar-coat to the constitution for the tender stomachs of the southern colo- nies. The horror of slave-catching was not then realized by the northern states, the most of whom owned slaves, * The Afrieai^ trade in slaves had long been odious to most of the states, and the importation of slaves into them had been prohibited. Particular stales, however, con- tinued the importation and were extremely averse to any restriction on their power to do so. In the convention the former states were anxious in framing a new constitu- tion, to insert a provision for an immediate and absolute stop to the trade- The latter were not only averse to any interference on the subject, but solemnly declared that their constituents would never accede to a constitution containing such an article- Out of this conflict grew a middle measure providing that Congress should not inter- fere until 1808- AVritings and Times of Madison 111.150. SLAVERY. 45 after some modilications the clause is inserted witliout much opposition. In 1789 South Carolina, who had continued to hold her land grants in the West, which covered the territory of the present State of Tennessee, ceded them to the United States on the condition among others " that no regulation made or to be made by Congress, shall tend to emancipate slaves." The western territory held by Georgia, comprising the States of Alabama and Mississippi, was ceded to the Union in 1802, upon about the same condition. There was no alternative but to accept these cessions witli tlieir conditions. If the States held the lands, they would plant slavery there them- selves, and thus increase their own greatness; and the United States could not secure the territory without the conditions. Thus has slavery in the infant days of our Republic, by menaces and strategy triumphed over Congress and the will of the majority of our people. The framers of our Constitution thought that they had laid a legislative coil which would sometime restrict the growth of slaver}^ when they limited slave importation to twenty years; and they were no sanguinary visionists, but based their judge- ment upon the teachings of history. " In all former ages," says Greeley in his " American Conflict : " " slavery so long as it existed and flourished, was kept alive by a constant or frequent enslavement of captives, or by importation of bond- men. Whenever that enslavement, that importation, closed, slavery began to decline." But American slavery has set at naught the teachings of history and baffled the calculations of statesmen. The acquisition of Louisiana, thus opening a vast territory for the introduction of slaves, and the inven- tion of the Cotton Gin, thus increasing the value of slave labor, rendered the commerce in human flesh as profitable as in the days of the African West India Company. Rapa- cious avarice unable longer to satisfy its greediness for gain by importation, invents a new system for multiplying hu- man chattels. " Slave-breeding for gain, deliberately pro- 46 HISTOEY OF KANSAS TEREITORY. posed and systematically pursued, appears to be among the late devices and illustrations of human depravity. !N"either Cowper nor Wesley, nor Jonathan Edwards, nor Granville Sharp, nor Clarkson, nor any of the philanthropists or di- vines, who, in the last century, bore fearless and emphatic testimony to the iniquity of slave-making, slave-holding and slave-selling seemed to have had any clear conception of it. For the infant slave of the past ages was rather an encum- brance and a burden, than a valuable addition to his master's stock. To raise him, hoAvever roughly, would cost all he would ultimately be worth. That it was cheaper to buy slaves than to rear them, was quite generally regarded as self-evident. But the suppression of the African slave- trade, coinciding with the rapid settlement of the Louisiana purchase, and the triumph of the Cotton-Gin, wrought here an entire transformation. When a fieldhand brought from ten to fifteen hundred dollars, and young negroes were held at about ten dollars per pound, the new born infant, if healthy, well formed, and likely to live, was deemed an ad- dition to his master's wealth of not less than one hundred dollars even in Virginia or Maryland. It had now become the interest of the master to increase the number of births in his slave cabin ; and few evinced scruples w^hereby this result ''was obtained. The chastity of female slaves was never deemed of much account, even where they were white ; and, now that it had become an impediment to the increase of their master's wealth, it was wholly disregarded. No slave girl, however young, was valued lower for having become a mother, without waiting to be first made a wife ; nor were many masters likely to rebuke this as a fault, or brand it as a shame. Women were publicly advertised as extraordi- nary breeders, and commanded a higher price on that ac- count. Wives, sold in separation from their husbands, were imperatively required to accept new j)artners, in or- der that the fruitfulness of the plantation might not suffer." TRIUMPH OP SLAVERY. 47 CHAPTER lY. TRIUMPH OF SLAVERY IN 1820. As it has been before shown, when the Territory of Orleans was admitted into the Union, under the name of Louisiana, tlie remaining portion of the Louisiana purchase, heretofore called the Territory of Louisiana, passed to the second grade of gov- ernment, under the title of Missouri Territory. The popula- tion spreading back from each side of the Missouri River, and extending about two hundred miles west of the Mississippi, in 1815 petitioned Congress for the privilege of forming a State government and an admission into the Union on the same footing as the original States. This petition, after having been presented twice in the House of Representatives and ordered to lie on the table, was a third time presented' by Mr. Scott, delegate from that territory, and referred to a select committee of which the above named gentleman was made chairman. On the 3d of April Mr. Scott reported a bill in compliance with the petition- ers' request which was referred to a Committee of the Whole, but was never acted upon. At the next session of Congress the Speaker, Mr. Clay, presented a petition from the Legislati\-e Council and House of Representatives of the Territory of Mis- souri, praying that they might be permitted to form a constitu- tion and frame a State government, and l)e admitted into the Union. The House in Committee of the Whole entered into discussion upon a bill relating to this subject," and after consid- • (l)March 16. 1818. (2) December 18. 48 HISTOEY OF KANSAS TEEKITOEY. ering vai'ious amendments, one was proposed by Mr. Tallmadge, of New York, in these words : " And provided, That the further introduction of slavery or invohuitary servitude be prohibited, except for the punishment of crime, whereof the party shall have been duly convicted; and that all children born within said State, after the admis- sion thereof, shall be free at the age of twenty-five years." This amendment elicited a spirited discussion, but passed the House' by a very close vote. The bill on going to the Senate was amended by striking out* the restriction clause, and concurred in' ; but the House adhering to its amendment, it w^as lost. The same Congress organized the Territory of Arkansas from the southern part of Missouri, agreeable to a petition from the inhabitants thereof. Attempts were made to apply the slavery restriction to it, but failed, and it Avas accordingly organized without any reference to slavery. A glance at the map will reveal the magnitude of this ques- tion which aifected the two contending parties. It was not merely whether Missouri should be a slave or a free State ; but whether the vast expanse of territory extending westward from Missouri across the broad prairies, over the Rocky Mountains, to the Pacific — comprising about one-tourth the area of the United States — should be consecrated to Slave, or Free, labor. This is the way the question w^as viewed at that time ; it was thought that the fate of INIissouri would decide that of the territory west and south of it, which then belonged to, or would be acquired afterwards by, the United States. During the following summer, the interim between the two Congresses, the subject of slavery restriction was agitated all over the country. Public meetings were held and speeches made ; conventions were called and resolutions passed in ac- cordance with their sentiments ; the whole country was can- (3) February 13. 1819. (4) February 26. (5) March 2- TRIUMPH OF SLAVERY. 49 vassed by public speakers and flooded with pamphleteers ; the press opened its battery and kept up a continual fire ; thus the country was agitated until it was fairly ablaze with excite- ment. The North opposed the permanent establishment of slavery, from moral and political considerations. It claimed to be actuated by the spirit of the founders of the Republic, who sought by all legislative means to prevent the growth of slavery. It was plain, however, that whatever party obtained Missouri, obtained the balance of power, and there is no doubt that the North sought to obtain it on this account, as . well as from other considerations. But such is the construc- tion which mankind put upon the motives of an action, that where there may l)e an unworthy one, no matter how many good ones, they generally attribute it to the former. The South put, therefore, the very Avorst interpretation u^Don the actions of the North, as aiming at political supremacy by an unjust and oppressive legislation. The position of the anti-restrictionists was a very singular one, if not inconsistent. They bewailed in most eloquent lamentations over the wrongs which slavery inflicted upon the slaves, country and people ; conceded the right and duty of Congress to prohibit it from the territories, and to provide, in every constitutional way, for its removal ; but nov/ that they had the power to prevent its extension, and, consequently, its growth, they refused to exercise it. But they fought the battle under the banner of State Rights, State Sovereignty, Liberty, and the Right of the people to frame their own insti- tutions, as opposed to Usurpation and Oppression on the part of Congress. Fresh from the heat of popular discussion, with feelings all aglow with excitement, the members of the XVIth Congress convened.* ^lemorials from the people and Legislature of Missouri bearing evidence of an angry feeling, caused by (6) December 16. 1819. 50 HISTORY OF KANSAS TERRITORY. their former rejection, were soon presented, and in the Honse referred^ to a select committee ; in the Senate/ to the Jndiciary. The committee in the House reported/ through its chairman, Mr. Scott, delegate from Missouri, a bill authorizing that ter- ritory to form a State constitution and government, without any prohibition of slavery. On motion of Mr. Taylor, "of New York, a committee was appointed to inquire into the ex- pediency of prohibiting slavery in all territory west of the Mississippi, of which he was made chairman. But the com- mittee being unable to agree among themselves, in a few days, at the request of the chairman, was discharged.^" On January 26, 1820, Mr. Taylor proposed an amendment to the Missouri bill, the restrictive provisions of which are as follows : " And shall ordain and establish that there shall be neither slavery nor involuntary servitude, otherwise than in the pun- ishment of crimes, whereof the party shall have been duly convicted. And it is provided, also, That the said provision shall not be construed to alter the condition or civil rights of any person now held to service or labor in said territory." An animated discussion immediately ensued, which contin- ued, with scarcely any interruption, for twenty-three days. In the meantime, the bill admitting Maine into the Union, which had passed" the House, had a heavy burden thrown upon it in the Senate. The skill and tactics of slavery propa- gandists were here most strikingly displayed. The connnittce to whom the bill had been referred recommended'" its passage, with several amendments, the most important of which was the Missouri bill without restriction. The object was, of course, to enable the latter bill to ride through the House upon that of the former. Strong efforts were made in the Senate to throw it oft', or apply to it the restrictive clause, which occasioned a long and protracted, discussion. Both Houses Avere now intently engaged in stormy debate. Never before, nor since, was there ever such a display, in the (7) Decembers. (S) December 9. (9) December 14. (10) December 28. (U) January 3, 1820. (12) January ti. TRIUMPH OF SLAVERY. 51 liuUs of Congress, of forensic skill and impassioned eloquence. It was a sublime occasion for the orator. The excited nation were the anxious spectators ; the Legislatures of the different States the abettors.''' The subject was one calculated to call forth no buncombe speech-making ; but earnest, heart-warmed sentiments. It was legislating, not for a day, nor a year, upon one section of the country and a few peoj^le ; but for centuries, over one-fourth of the domain of the United States. In it humanity plead her claim, and the country asked for deliver- ance from a curse. On the other hand, the rights of a free people were invaded, and Oppression frowned upon them, ready to trample them beneath her iron heel. The beams of sovereignty in a State were to be blotted out, and its greatness and glory abased. ^lany of the speakers rose to the sublimity of the occasion, and even their opponents melted to tears before their persuasive pleadings. Others descended as far below it. and their speeches are marked by sectional 2:)rejudice, van- ity and animosity. Both parties were about equally matched in argument, skill and eloquence. On the part of the Restrictionists it was contended that the founders of our Republic lamented the existence of slavery, as a " great evil," which they could not remove, but hoped, by a wise legislation, that it would ultimately disappear ; that they had themselves set the example by the famous ordinance of 1787, which was intended to cover all the territory of the United States, and now, at least, its precedent should have weight ; to all of which the Anti- restrictionists fully conceded, but denied that the precedent spoken of should have any weight, as that was done under the Confederacy ; and, furthermore, it was unconstitutional, because done after the cession made by Virginia, which de- clared that the States formed from that territory should be admitted into Union on the footins; of the original thirteen States. For constitutional right the Rcstrictionists point to (13) Memorials had been received in Congress from the different States, both for and against restriction. 52 HISTORY OF KANSAS TERRITORY. the clause in tliat sacred document which says, " New States may be admitted by Congress into the Union ;" from which they argue that Congress has the right to refuse a State ad- mittance into the Union, and to prescribe the conditions of admission. To which it is replied that the powers of Congress are specified, and those not plainly mentioned in the Consti- tution are reserved to the States or people ; and hence, Congress can gather no powers from inference. They are then directed to another clause in the Constitution, which says that " Congress shall have power to dispose of and make all need- ful rules and regulations respecting the territories ;" to which a reply is given that Missouri is not to \)e regarded as an open, wild and uninhabited territory but a populous State, with sover- eign powers, asking admission into the Union according to the original compact between the States. The clause relating to the powers of Congress to prevent the migration and im- portation of slaves, in which the term migration is used, the Restrictionists declare, refers to the passage of slaves form States to States, or from States to Territories ; but the opposite party demostrate that it refers entirely to the introduction of slaves from abroad. The Restrictionists show that the practice of Congress has been to exact conditions from States before admission into the Union, and point to Illinois, Ohio, Indiana and Louisiana ; to which their opponents reply that all such exactions were usurpations, and hence not binding, or entitled to consideration as precedents. The treaty between France and the United States would be adduced by the Anti-restric- tionists with an air of triumph, which provided that the inhabi- tants of Louisiana should be protected in the possession of their property, and that it would be a breach of faith for the United States to emancipate their slaves ; to which it is replied that the restriction does not affect the relation of master and slave there now% but merely provides against the introduction of slaves from abroad. It is further contended that this treaty provides that the people of said territory " shall be incor- porated into the Union as soon as possible, and admitted TRIUMTH OF SLAVERY. 53 to all the rightH, udvautages and immunities of citizens ; to which it is replied that they have already been admitted to all the privileges of citizens in the Union, but admittinf»- a State into the Union formed from that territory was a dif- ferent thing, for which the treaty made no provision. It is argued that by extending slavery west, the condition of both master and slave would be improved ; but it is replied that by extension the growth of slavery is only accelerated, that it is a curse, and the more it is extended, the more country it afflicts. It was asserted that these conditions would be degrading and humiliating to the sovereign State of Missouri ; but it is retorted that other States have com- plied with them and not felt in the least degraded, but were proud of their positions among the sister States, and were unequalod in prosperity and promise. Such was the way that some of the arguments were put and answered. I will now give a few extracts from speeches although their severance from the closely wrought connec- tion will not show them in their real light. Speaking of the treaty by which Louisiana was obtained and which, it had been argued, would compel Congress to admit Missouri without restriction, Mr, Otis, of Massachusetts, says : " Still, if in reality our faith, by treaty, was thus plighted, though he should deem the acquisition of the whole terri- tory a vital misfortune, and should think it would have been better for us if the Mississippi was an eternal torrent of burning lava, impassible as the lake which separates the evil from the good, and the regions beyond destined forev'er to be covered with brakes and jungles, and the impenetra- ble haunts of the wolf and the panther; yet, he would not. advocate a breach ot public faith, but he should think it the duty of Congress to recommend a new negotiation with the present beneticent monarch of France, to the end of obtain- ing his release from the provisions of a treaty so fatal to our best interests." Here is JNIr. Barbour's (of Virginia) apology for the change of sentiment from that which existed at the time of the formation of our Government : 5 54 HISTORY OF KANSAS TERRITORY. " We are asked why has Virginia changed her pohcy relative to slavery? That the sentiments of our most distinguished men*^ thirty years past entirely correspond with the course which the friends of restriction now advocate; that Mr. Jeiferson has delineated a gloomy picture of the baneful eftects of slavery ; that the Virginia ^ delegation, one of whom was the late President of the "United States, voted for the restriction on the" north-western territory. — When it is recollected that the notes of Mr. Jefferson were written during the progress of the Revolution, the mind op- erated upon its incidents as novel as stupendous, it is no matter of surprise, that the writer who was performing so distinguished a part, should have imbibed a large share of that enthusiasm which such an occasion was so well calcu- lated to produce. With the eye of benevolence surveying the condition of mankind, and a holy zeal for the ameliora- tion of their condition, he gave vent to his feelings in the effusion to which our mmds have been called. It is palpa- ble these are the illusions of fancy." Mr. Scott closed his remarks by warning gentlemen from the North that "they were sowing the seeds of discord in the Union ; " that " they were signing, sealing and delivering their own death-warrant ; " that " the weapon they were un- justly wielding was a two-edged sword;" that "he considered the question big with the fate of Cassar, and of Rome." Mr. "Walker, of Georgia, said that " he must be badly acquainted with the signs of the times who does not perceive a storm por- tending, and callous to all the better feelings of our nature who does not dread the bursting of that storm." Mr. Cobb? of the same State, declares that " if they ( Restrictionists ) persist the Union will be dissolved ;" that '^ they were kind- ling a fire which all the waters of the ocean cannot put out, which seas of blood can only extinguish." Mr. Colston, of Virginia, accuses Mr. Livermore, of New Hampshire, " of speaking to the galleries, and by his language, endeavoring to excite a servile war," and ended by saying that " he was no better than Arbuthnot, or Ambrister, and deserved no better fate." Mr. Jones rings in the chorus, " although Missouri TRIUMPH OF SLAVERY. 55 be an infant, she reposes on the laps of eleven mothers, that if even Missouri succumbs to this humiliatinfii: condition, her name will be written in characters of blood." On the 18th of February, the Missouri bill, which had been appended to the Maine bill was passed in the Senate with Mr. Thomas' amendment prohibiting slavery from the territories north of 36°-30° north latitude, except that included in the aforesaid State. It then passed to the House, which refusing to concur in the amendments on the 1st of March passed the Mis- souri bill with the restrictive clause of Mr. Taylor. This passed in the Senate by striking out the amendment of the House and inserting that of Mr. Thomas. In the meantime a committee of conference had been ap- pointed which now reports, recommending to the Senate to recede from its amendment of the Maine bill, and to the House to concur in the amendment of the Senate to the Missouri bill. The House thereupon accepted the amendment of the Senate by 90 yeas and 87 nays. This was the Missouri Coin- promise. It was decidedly a Southern measure, originated by a man wdio had opposed restriction, and only received 14 votes from northern men, and all the votes of the South. Some of those from the North wdio voted for it did so to quiet the agitation and to avert w^hat they feared would be the consequence — the disruption of the Government — w^hich had been so frequently threatened in debate. The following is Mr. Thomas' amendment, generally called the Missouri Compromise : '■'■And be it further enacted, That in all that Territory ceded by France to the United States under the name of Louisi- ana, which lies north of thirty-six degrees thirty minutes north latitude, excepting only such part thereof as is in- cluded wdthin the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crime, whereof the party shall have been duly convicted, shall be and is hereby forever prohibited ; Provided always, That any person escaping into the same, 56 HISTOEY OF KANSAS TEKEITOEY. from whom labor or service is lawfully claimed iu any State or Territory of the United States, such fugitive may be law- fully taken and conveyed to the person claiming his or her labor or service as aforesaid." On the authority thus obtained the people of Missouri proceeded the following summer to frame a constitution and organize a State government, and at the meeting of the next Congress this State presented herself in her constitutional robe for admission into the Union. The Senate after some debate passed a'resolution'admitting her; but the House on account of the following clause refused her admission : " It shall be the duty of the General Assembly, as soon as may be, to pass such laws as may be necessary to prevent free negroes and mulattoes from coming to, or settling in, this State, under any pretext whatever." There was also a clause forbidding the General Assembly from emancipating slaves without the consent of their owners All of these, together with the general spirit of the Consti- tution, were regarded as a menace and a strike at those who favored restriction. The clause given above was plainly unconstitutional. The Constitution of the United States ordains that "the citizens of each State shall be entitled to all the privileges and immunities of the citizens of the sev- eral States ;" and negroes and mulattoes in some States are citizens. The excitement ran very high in Congress and seemed to threaten more danger than at any previous time; but the difficulty was finally adjusted by passing a bill to admit Missouri whenever she should legitimately expunge the above odious clause. This condition Missouri soon complied with and her ad- mission into the Union was declared by a proclamation of the President. TRIUMPH OF SLAVEEY. 57 CHAPTER V. TRIUMPH OF SLAVERY IN THE ANNEXATION OP TEXAS. The boundaries of Louisiana were always vague and un- certain, and the treaty by which the United States acquired it left them still indefinite. The consequence was, as might have been expected, difficulties soon arose with Spain in re- gard to the eastern and western boundaries of this province. The French always alleged that Louisiana extended to the Rio Grande ; whereas the Spaniards, with an equal show of reason, contended that it did not extend quite to the Sabine. According to the provisions of the treaty of St. Ildefouso, Spain ceded to France " the province vvitli the same extent it now has in the hands of Spain, and that it had Avhen France possessed it, and such as it should be after other treaties entered into between Spain and other States." By the treaty of Paris, France ceded to the United States all the right and title she had thus acquired to Louisiana, leaving the question of boundaries to be settled with Spain. Thus matters remained in statu quo, although Spain con- tinued to hold both Floridas and claimed the Sabine as the western boundary of Louisiana, until 18P3, when a treaty was elfected between the two nations, after a protracted cor- respondence and negotiation. Through this treaty the United States acquired undisputed possession of all the terri- tory west of the Mississippi by renouncing her claim to Texas. This was a Southern move, and it was difficult at lirst to 58 HISTORY OF KANSAS TERRITORY. understand the motive which actuated it. Why slavery should be willing to give away such a beautiful and exten- sive country as Texas when she could just as easily have retained it and the Floridas too, was a query which but few in the North could solve. But it was a political scheme of the South, whereby she might secure the co-operation of the llTorth in the election of a pro-slavery President, The ag- itation of the Missouri question had so united the North against slavery extension in the south-west that the slavery propagandists well knew, if this was made an issue in the Presidential election, they would be defeated. So in order to keep in power, they rid themselves of this troublesome question by giving away Texas, knowing that the could get it again whenever they wanted it. In the meantime Mexico had established her independence, which was recognized by the United States, and conse- quently Texas passed under her dominion. Soon afterwards a little colony was established in Texas at Austin, by a few restless adventurers and desperadoes from the United States. In 1827 and 1829 attempts were made on the part of our government to purchase Texas of Mexico, but without success. The people of this little colony consid- erably increased by emigrants from the United States, under the leadership of the notorious Sam Houston, who, it is thought, was sent there by the Southrons, for that purpose, in 1833 framed a State Constitution and in three years after- wards declared their independence. War necessarily ensued ; Houston was made commander by the colony of its forces; and after two victorious battles, Texas asks to be an- nexed to the United States. But on account of our friendly relations with ^lexico, the request could not, with any show of consistency, be granted until the independence of that province should be more fully established. The slave States, therefore, mustered aid and sympathy for the few struggling freemen (?) in this little Republic. Money, men and arms with provisions and ammunition, were sent to them by the friends of slavery. TEIUMPH OF SLAVERY. 59 Texas thus maintained her independence iiutil 1845, when she was annexed to the United States upon the following pro- vision among others : " Third, 1Sq\y States of convenient size, not exceeding four in number, in addition to the said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution; and such States as 'may be formed out of that portion of said territory lying south of thirty-six de- grees thirty minutes north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without slavery, as the people of each State asking ad- mission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compro- mise line, slavery or involuntary servitude ( except for crime), shall be prohibited." (A. S. Papers.) It must not be supposed that this bill of annexation was passed without any opposition, thus introducing slavery into, and fastening it upon, so vast a region of country. On the other hand, its passage was violently contested, and several attempts were made to either divide the territory between slave and free labor, or prohibit the former altogether. But the influence of the Administration, the sanctity with which the Missouri Compromise line was held by the l!»f"orth, and the fear that Texas would form an alliance with some Eu- ropean power that would endanger our Union, prevailed. — The most injurious feature connected with this bill is that it secured the recognition of Congress to the extension of the territory of Texas from the mouth of the Rio Grande to its source — near a thousand miles beyond the legitimate bound- ary of that province. Thus slavery was virtually extended over this broad domain where it had been prohibited by the laws of Mexico twenty years before. Thus was the strength and resources of our glorious government which our fathers had consecrated to liberty and justice, made the efii- 60 HISTORY OF KANSAS TEREITORY. cieiit means fortlie extension of the wrongs and }»ollutioi)S of human shivciy over a vast expanse of unsullied territory. War with Mexico followed the annexation, consuming a hun- dred million of the nation's wealth, and the lives of thousands of her brave sons. All for what ? For the extension of hu- man slaver}' ! Immediatel}' after the war began, the Mexicans having suffered a severe defeat,^and the President thinking that their feeble and divided republic could now begin to realize hei- utter inability to cope with the arms of the United States, presumed that she would rather accept a monied overture for Texas than run the chances of losing it by w^ar. The Pres- ident, Mr. Polk, therefore represents this matter to Congress, asking that a considerable sum be placed at his disposal to effect this object, at the same time stating that he thought he could not only secure the territorj' this side of the Rio Grande, but also a vast scope of country beyond it. A bill was accordingly drawn up, agreeal)le to his request, and had for a time every indication of success. But the question arose among those who were opposed to the extension of slavery what should be the condition of this territory as to Free or Slave labor. They knew heretofore that slaver}^ had laid claim to all the territory of the United States on the plea of jDre-occupancy ; but wall slavery covet the soil where it never existed and where the laws of the country from wdiich it was obtained forbid it ? Many of the northern democrats who had before l)een disposed to be tol- erant towards slavery, now began to think that the}' had reached the utmost limits of a virtuous forbearance. An amendment was therefore prepared and offered by Mr. AYil- mot to the following effect : <■<■ Provided, That as an express and fundamental condition to the acquisition of any territory from the Republic of Mex- ico by the United States, by virtue of any treaty that may be negotiated between them, and to the use by the execu- TRIUMPH OF SLAVERY. (Jl tion of the monies herein appropriated, neither slavery nor invohmtary servitude shall ever exist in any part of said ter- ritory, except for crime, whereof the party shall be duly con- victed." ^Vith this amendment, comnionl}' known as the Wilmot Pro- viso, the bill passed the House, but was lost in the Senate on account of the Proviso. Thus the President was left without any means to negotiate a treaty by which much suffering and many thousand precious lives might have been spared. But this would have thwarted the very design which had occa- sioned the war — the acquisitioii of more territory for slavery. It was about this time that the doctrine of Popular Sover- eignty was advanced. First conceived iu the brain of Calhoun, it was first enunciated by General Cass when about to be used by the Democratic party as a candidate for the Presidency. The great argument, prior possession, against prohibiting slavery from the territories heretofore urged, had now failed, for the con- dition of territory was exactly reversed from what it had been formerly. This territory had never been polluted by slavery. But, to meet the exigency of the situation, a new dogma is brought forward that Congress has no right to prevent the citi- zens of the United States from taking with them their prop- erty (slaves) into the territories and determining there their local institutions for themselves. This doctrine, so new and strange to the Democratic party, was not popular at first, for their Baltimore convention which nominated Cass fcr Presi- dent, voted it out of their platform by an overwhelming ma- jorit}'. After the peace with Mexico an attempt was made in the 30th Congress to organize the territories acquired from this Power and submit the question of slavery to the adjudication of the Supreme Court, its pulse having been previously felt upon the constitutionality of Popular Sovereignty. This bill passed the Senate, but Avas killed in the House by a motion of Alexander H. Stephens, of Georgia. Various attempts were made in the 29th and 30th Congresses to organize the terri- 62 HISTORY OF KA>'.SAS TERRITORY. tories of California and Xew Mexico, both for and against «lavery, but all ^veve unsuccessful. At the first session of Congress in 1850 efforts for organiz- ing these territories were resumed. The doctrine of Popular Sovereignty (though not by that name) was forcibly announced- by such spirits as Jefferson Davis, AV. L. Yaucy and J. M. Mason, and the Missouri Comi)romise was held up as a sacred compact between the Restrictionists and Anti-Restrictionists in the division of territory ; whereas it was framed near thirty years before the United States had acquired this territory, and could relate only to the partition of that of the Louisiana purchase. After considerable debate and the defeat of several bills for the organization of the territory of ISTew Mexico and the admission of California into the Union, whose people had framed a Constitution and presented herself for this purpose, the whole subject was referred to a Committee of Thirteen, of which Mr. Clay was constituted chairman. The report of this committee formed the basis of a Compromise between the two contending parties, in the following words: " 1. The admission of any new State or States formed out of Texas to be postponed until they shall hereafter present them- selves to be received into the Union, when it shall be the duty of Congress fairly and faithfully to execute the compact with Texas, by admitting such State or States. " 2. The admission forthwith of California into the Union, with the boundaries which she has proposed. " 3. The establishment of Territorial Governments, without the Wilmot Proviso, for New Mexico and Utah, embracing all the territory recently acquired from Mexico, not contained in the boundaries of California. " 4. The combination of these two last measures in the same bill. "■ 5. The establishment of the western and northern boun- daries of Texas, and the exclusion from her jurisdiction of all New Mexico, with the grant to Texas of a pecuniary equiv- alent ; aud the section for that purpose to be incorporated in the- bill admitting California, and establishing Territorial Gov- ernments for Utah and New Mexico. TRIUMPH OF SLAVP^RY. 63 "6. More effectual enactments of law to secure the pi-ompt delivery of persons bound to service or labor in one State, under the laws thereof, who escape irito another State ; and " 7. Abstaining from abolishing slavery, but, under a heavy ])cnalty, prohibiting the slave-trade, in the District of Co- lumbia." The " pecuniary equivalent '' spoken of in this report to be given to Texas for her claim on the Territory of Xew^ Mex- ico, was rendered by the House and concurred in by the Sen- ate, 110,000,000. And, yet, Texas never had the least shadow of a claim on said Territory. It was first obtained from Mexico by the arms of the United States and afterwards paid for by her money. Slavery gained by this Compromise not only the vast region of Texas and ten million dollars, but the continuance of its existence in the District of Columbia, more stringent laws for slave-catching, the territories of New Mexico and Utah opened to its grasp by the newly ordained doctrine of Popular Sovereignty, and a basis by which to up- root the Sacred Compromise of 1820. What a monstrous Compromise ! And, yet, the Xortli made these reluctant con- cessions, to still agitation, to escape the threat of disunion by satisfying the craving demands of the South. 64 HISTORY OF KANSAS TEREITORY. CHAPTER yi. KANSAS-NEBRASKA ACT — A SLAVERY TRIUMPH. By the compromise measure of 1820 slavery was forever prohibited north of thirty-six degrees thirty minutes north latitude from the territory of the Louisiana purchase, except that portion included in the State of Missouri. As this Com- promise was a Southern movement and maintained by South- ern votes, it would seem that they were most fairly and sol- emnly bound to this compact. The opponents of slavery ex- tension were bitterly opposed to the Compromise, because it yielded up the extensive domain of Missouri to slavery ; whereas the spirit and teachings of our Government demanded an inhibition of this curse; but after it was legitimately ap- proved of by the legislative councils of the nation, they re- garded it witli that veneration which is due to a law of the land. The first infraction of this Compromise occurred in 1836 when a triangular piece of territory, lying between the then existing boundary of the State of Missouri and the Missouri River, was annexed to the former. The original western boun- dary of Missouri was a line drawn due north and south from the point where the Kansas River enters the Missouri. This was an exceedingly fertile tract of country, from which was formed seven counties of largest size and capable of sustaining the densest population, which numbered in 1860, 70,505 souls. This work was. eflected so quickly and dextrously by Colonel Beaton that it attracted little attention at the time. TRIUMPH OF SLAVERY. 65 Petitions were received at the first session of the thirty-sec- ond Congress (1851-2) for organizing the territory west of Mis- souri, but no action was taken upon them. At the next ses- sion Mr. Willard P. Hall, of Missouri, introduced a bill' in the House to organize the same territory', together with that west of Iowa, under the name of Platte, which was referred to the Committee on Territories. From this Committee a report was presented" organizing the same territory under the name of ^Neoraska. This, on going to the Committee of the Whole, encountered a strong Southern opj)osition and was reported^ back to the House Avith a recommendation for its rejection. After the failure of a motion to lay it on the table, the bill passed by 98 yeas to 43 nays. On arriving^ in the Senate it was referred to the Committee on Territories, of which Mr. Stephen A. Douglas was chairman. From this committee it was reported without amendment, but was never acted upon though several unsuccessful efforts were made to have it taken up in the latter days of the session. Thus the Southern mem- bers stoutly refused to organize this territory at that time, which, in the next Congress, was an object that they earnestly sought to accomplish. But it is a note-worthy fact that the existence and validity of the Missouri Compromise had not, as yet, ho-Qn questioned, and no one had discovered that the legislation of 1850 had superceded that of 1820; the only ob- jection urged being that it would infringe upon ihe rights of the Indians to organize this territory. In the thirty-third Congress (1853-4), agreeable to a pre- vious notice, Mr. Dodge, of lo'wa, introduced' a bill into the Senate to organize the Territoiy of Nebraska Avithout any reference to slavery, which, after being read twice, was re- ferred to the Committee on Territories, from which it was re- ported back by the chairman, Mr. Douglas, with various amendments. In the report of ]\Ir. Douglas, whicli accom- panied the bill, although he raised the question as to tlie cou- llt Doc 2. ]&52.. (2) Feb. 2, 1853. Ci) Feb. 10. (4) Feb. 11. <5) Dec. 14. 185J. 66 HISTORY OP KANSAS TERRITOEY. stitiiti Quality of the Missouri Compromise, lie refrained from passing judgment upon it himself, and no where inti- mated that the legislation of 1850 had rendered it inoperative. The seat of government was located at Fort Leavenworth, and " all questions pertaining to slavery in the Territories and new States formed therefrom," it suggested that agreeable with the legislation of 1850, should be left to the decision of the people residing therein, through their appropriate repre- sentatives. The bill, with the report and amendments, was ordered to be printed. Mr. Dixon gave notice" that when the bill should come up for consideration he would offer an amendment to the follow- ing effect : " That as much of the Stli section of ' An act approved March 6, 1820, entitled 'An act to authorize the people of Missouri Territory to form a constitution and a State gov- ernment and for the admission of such a State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories ' as declares in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees thirty min- utes north latitude, slavery and involuntary servitude other- wise than in the punishment of crime, whereof the party shall have been duly convicted, is forever prohibited,' shall not be so construed as to apply to the territory contemplated by this act, or to any Territory of the United States, but that the cit- izens of the several States and Territories shall be at liberty to take and hold their slaves wathin any of the Territories of the United States, or of the States to be formed therefrom, as if the said act, entitled as aforesaid and approved as afore- said, had never been passed." This first stroke at the sacred Compromise which had quieted the storm of 1820, and which had been regarded for thirty-four years as lasting as time, fell like a thunder bolt upon the Senate and the nation. The blast of strife was thus sounded by the expiring breath of Plighted Faith. Slavery tfi) January 16, 1855. TRIUMPH OF SLAVERY. 67 no longer seeks to disguise its foulness, or apologize for its ex- istence; but vaunteth itself as an institution of our fatliers, wholesome to society, and sanctioned by religion. Disdaining all legislative restrictions and trampling under foot all com- promises whereby it has hitherto secured tolerance, it arrogates to itself the prerogatives of a full grown monster and dictates to tlie nation its demands. Even the ambitious Stephen A. Douglas was startled at the unexpected report. He had congratulated liimself that he had rendered such signal service to the South by questioning the validity ot the Missouri Compromise and virtually removing its interdiction to slavery that it could only be rewarded by placing him in his long sought for position — the Presidency. Ambition, though baffled and apparently defeated, never de- spairs, but proceeds to consult the unprincipled Oracle of Suc- cess. Mr. Douglas resolves to go so far beyond the one who thus outbid him, that the spoils of his achievements shall be all that the insatiable cravings of slavery can demand. He therefore dra\vs up a bill almost entirely unlike any of the preceding ones. Instead of organizing one, he now proposes to organize two Territories, the first to include that Territory lying between Missouri and the Rocky IMountains, north of thirty-seven degrees north latitude, to be called Kansas ; the second, the remaining portion of what %vas contemplated by the former bills, called by the name of Nebraska. He moved the southern boundary up to thirty-seven degrees north lati- tude in order that it might coincide with the boundary be- tween the Osages and Cherokees. The question of slavery was left to be decided by the people of said Territories through their appropriate representatives. The section providing for electing a Delegate is amended by adding to the words " that the Constitution and all the laws of the United States \vhich arc not locally inapplicable shall have the same force and eifeot within the said Territory as elsewhere in the United States," the following : " Except the 8th section of the act preparatory to the ad- 68 HISTORY OF KANSAS TERRITORY. mission of Missouri, approved March 6, 1820, which was bu- perceded by the legislation of 1850, commonly called the Compromise Measure, and is declared inoperative. The bill thus reported by Mr. Douglas was debated at length in the Senate The arguments employed by the dis- putants were the same as those employed in the similar dis- cussion of 1820 with two additional ones. The EestrictioniMs now had besides all their other arguments, the Missouri Com- promisej/oreyer prohibiting slavery from the territory in ques- tion, which had been regarded as sacred for more than a score and a half of years. The Anti-Bestridionists had the famous doctrine of Squatter Sovereignty, which, claiming for itself absolute orthodoxy, utterly repudiated all quondam legisla- tion not in harmony wath it, disdained precedents and over- swept ever}^ logical barricade. On the 15th of February Mr. Douglas moved that the clause, declaring that the Restriction of 1820 superceded by the legislation of 1850, bo stricken out, and in lieu thereof, had inserted the clause of similar nature now found in the Ordinance. Mr. Chase then moved to have the following added : " Under which the people of the Territories through their appropriate representatives, may if they see tit, prohibit the existence of slavery therein." But this motion was lost by 36 nays to 10 yeas. Thus the people of these territories wdiich had been shielded from slavery by the compromise of 1820, were not allowed by this act to exclude slavery if they wished. On motion of Mr. Badger, of North Carolina, the following amendment w^as added. a Provided, That nothing herein shall be construed to re- vive or put in force any law or regulation which may have existed prior to the act of 6th of March, 1820, either pro- tecting, establishing, abolishing or prohibiting slavery." TRIUMPH OF SLAVERY. 69 This motion elicited considerable discussion, many con- tending that it infringed upon the principles of non-interven- tion by Congress. Mr. Clayton, of Delaware, attached the following provis- ion : '^Provided That the right of suffrage and of holding office shall be exercised only by citizens of the United States." Mr. Chase then proposed to strike out the second section and insert a provision for dividing the territory into election precincts, appointing places of election, etc., so that the peo- ple could choose their own Governor and Legislators. But the motion was defeated by 30 nays to 10 yeas. The bill on coming from the Committee of the AVhole was concurred in' by the Senate. In the House Mr. Richardson, of Illinois, Chairman of the Committee on Territories, reported a bill' for organizing Nebraska and Kansas Territories, similar to that reported in the Senate by Mr. Douglas. This bill was referred to the Committee of the Whole on the state of the Union, which was regarded as equivalent to its rejection. No further action was taken upon it until the 8th of May, when other bills on the calendar were laid aside and it taken uj); whereupon Mr. Richardson offered the Sen- ate bill as a substitute. An effort "was made on the 11th to have the debate upon the subject close on the following day at 12 o'clock M., which occasioned a violent and protracted session of thirty-six hours. It was afterwards fixed that the debate should close on the 20th of May. During the discus- sion which followed, various attempts were made to insert a clause in the bill giving to the people of the territory the right to prohibit slavery therein through their appropriate representatives if they saw fit. On the 22nd of jSIay, Mr. Stephens, of Georgia, made a skillful parliamentary move- 1. March 3. 2 Jan, 31. 7 70 HISTORY OP KANSAS TEERITORY. ment by which the bill was quickly forced through. He moved that the enacting words of the bill be stricken out, which has precedence of all motions to amend, and is re- garded as equivalent to the rejection of a measure. The vote upon this motion was immediately pressed, which re- sulted in 103 ayes and 22 noes; many of its opponents refus- ing to vote. Thereupon the Committe arose and reported its action to the Ilouse which refused to concur in the amend- ment, striking out the enacting clause. Mr. Richardson then moved an amendment by which all after the enacting clause was stricken out and in lieu thereof introduced the Senate bill (except Mr. Clayton's amendment) and demanded the previous question. The amendment was accordingly passed ; the bill engrossed, read a third time and adopted by 113 yeas to 100 nays. The Congressional Globe says: "[The announcement of the vote was received with pro- longed clapping of hands, both in the House ad Galleries and cries of " Order ! Order ! " ] " The Speaker — ^^Unless order is preserved, the Chair will order the galleries to be cleared." " Mr. Stuart of Michigan — ( in his seat ), The trouble is not in the galleries." This bill passed the House as an original bill of that body, and was sent to the Senate for concurrence. An unsuccess- ful attempt ^vas now made to reinsert Mr. Clayton's amend- ment excluding foreigners from certain civil privileges. In the course of the debate which ensued Senator Atchison, of Missouri, said : "Mr. President, I voted for the amendment of the Senate bill proposed by the Senator from Delaware, but I must say now that I concur with the Senator from Georgia. I have not, however, changed my opinion, which I entertained then, that none but American citizens, native-born or naturalized, should be entitled to the right of sufirage or hold office either in the States or Territories of this country. But, Sir, there is a higher principle involved in this measure. There is no \, TRIUMPH OF SLAVERY. 71 constitutional question in my opinion involved in voting either for or against this amendment. It is a mere question of policy and that question of policy I am willing to yield for the sake of a higher principle entertained in this bill. Sir, I would vote for this bill, although there might be not only one, but one thousand obnoxious principles contained in it. I would vote for it because it blots out that infamous, — yes, sir, I think it a proper term to use — that infamous restriction passed by the Congress of 1820, commonly called the Mis- souri Compromise, passed when the State which I now in part have the honor to represent, asked admission into the IJnion of these States, and it was made a condition, an infam- ous condition, that slavery should be excluded from all the territory acquired from France, then called Louisiana, north of 36° 30' north latitude. Yes, Sir, if this bill contained one thousand obnoxious priniples, with the repeal of that infam- ous 'Compromise,' as it is called, I should vote for it. When this is done we shall have achieved what, after thirty years of struggle, has only been consummated at this ses- sion." This exhibits the feeling with which slavery propagandists regarded the Missouri Compromise — a restriction which they had solemnly and voluntarily applied to slavery themselves in order that they might gain other ends. But after they had secured all the advantages of these concessions on the part of of Free Labor, they break down the barrier of plighted faith and demand all that they had of their own accord surrendered up. The bill which passed the Senate on the 25th and received the signature of the President on the 30th of May, 1854, will be found in the following chapter : It is very evident that the scheme of organizing two terri- ries instead of one, was designed to keep up the balance of power between the northern and southern States. The lat- ter who saw that no reasonable objection could be interposed sooner or later against the organization of Nebraska, which must necessarily be a free Territory, determined, in order to preserve the equilibrium of power, to divide it into two ter- .72 * HISTORY OF KANSAS TEKEITORY. ritories, one of which would, as necessarily, by the repeal of the Missouri Compromise, come into the Union as a Slave State. That this was the real design and understanding of those who originated and supported the Nebraska-Kansas Bill is fully shown -by what followed. ORGANIC ACT. 73 CHAPTER VII. AN ACT TO ORGANIZE THE TERRITORY OF KANSAS. Section 19. And be it further enacted, That all that part of the territory of the United States included within the fol- lowing limits, except such portions thereof as are herein- after expressly exempted from the operations of this act, to wit : beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same ; thence west on said parallel to the eastern boundar}^ of New Mexico ; thence north on said boundary to latitude thirty-eight ; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains ; thence north- ward on said summit to the fortieth parallel of latitude ; thence east on said parallel to the western boundary of the State of Missouri ; thence south with the western boundary of said State, to the place of beginning, be, and the same is hereby created into a temporary government by the name of the Territory of Kansas, and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission ; Provided, That nothing in this act contained, shall be con- strued to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient 74 HISTOEY OF KANSAS TEKRITOEY. and proper, or from attaching any portion of said Territory to any other State or Territory of the United States ; Pro- vided further. That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which by treaty with any Indian tribe is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory ; but all such territory shall be excepted out of the boundaries, and con- stitute no part of the Territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, Avhich it would have been competent to the government to make if this act had never passed. Sec. 20. And he it further enacted, That the executive power and authority in and over said Territory of Kansas, shall be vested in a Governor, Avho shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Ter- ritory, and shall be commander-in-chief of the Militia thereof. He may grant pardons and respites for offenses against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the President can be made known thereon ; he shall com- mission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the la^vs be faithfully executed. Sec. 21, And be it further enacted.., That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for fiv'e years, unless sooner removed by the ORGANIC ACT. 75 l*resideiit of the United States ; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his executive department ; he shall trans- mit one copy of the laws and journals of the Legislative Assembly, within thirty days after the end of each session, and one copy of the executive proceedings and official cor- respondence semi-annually, on the first days of January and July in each year, to the President of the United States ; and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited in the libraries o± Congress; and in case of the death, removal, resignation or absence of the Governor from the Territory, the Secretary shall be, and is hereby author- ized and required, to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy. Sec. 22. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Repre- sentatives. The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twen- ty-six members, possessing the same qualifications as pre- scribed for members of the Council, and whose term of ser- vice shall continue one year. The number of representatives may be increased by the Legislative Assembl}^, from time to time, in proportion to the increase of qualified voters ; Pro- vided, That the whole number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practi- cable, among the several counties or districts, for the election of the Council and Representatives, giving to each section of the Territory rep)resentation in the ratio of its qualified vo- 76 HI>ST(3RY OF KANSAS TERRITORY. ters, as nearly as may be. And the members of the Connoil and House of Representatives shall reside in, and be inhabi- tants of, the district, or county or counties, for which they may be elected, respectively. Previous to the first election, the Governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory, to be taken by such persons, and in such mode as the Governor shall designate and appoint; and the person so appointed shall receive a reasonable compensa- tion therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the re- turns thereof, as the Governor shall appoint and direct ; and he shall, at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council ; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Gov- ernor to be duly elected members of said House; Provided, That in case two or more persons* voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Gov- ernor shall order a new election ; and the persons thus elected to the Legislative Assembly, shall meet at such place and on such day as the Governor shall appoint ; but thereafter, the time, place and manner of holding and conducting all elec- tions by the people, and the apportioning the representation in the several counties or districts, to -the Council and House of Representatives, according to the number of qualified vo- ters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the Legislative As- sembly ; Provided, That no session, in any one year, shall ORGANIC ACT. 77 exceed the term of forty days, except the first session, ^YlHeh may continue sixty days. Sec. 23. And be it J'luiher enacted, That every free white male inliabitant above the age of twenty-one years, who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall bo entitled to vot(! at the first election, and shall be eligible to iiny office within the said Territory ; but the qualifications of voters, and of holding office, at all subsequent elections shall be such as shall be prescribed by the Legislative Assembly ; Provided, That the right of suffrage and of holding office sliall be exercised only by citizens of the United States and those who have de- clared on oath their intention to become such, and shall have taken an oath to support the Constitution of the CJnited States, and the provisions of this Act; And. provided further, That no officer, soldier, seaman or marine, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said Territory, by reason of being on service therein. Sec. 24. And be it further enacted. That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this Act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or property of residents. Every bill which shall have passed the Council and House of Kepresen- tatives of the said Territory, shall, before it becomes a law, be presented to the Governor of the Territory ; if he ap- prove, he shall sign it; but if not, he shall return it with his objections to the House in which it originated, who shall en- ter the objections at large on their journal, and proceed to re- consider it. If, after such reconsideration, two-thirds of tha t House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall like- 78 HISTORY OF KANSAS TERRITORY. wise be reconsidered, and if upproved by two-thirds of tliut House, it shall become a law. But in all such cases, the votes of both Houses shall l)e determined by yeas and nays, to be entered on the Journal of each House, respectively. If any bill shall not be returned by the Governor witliin three days — Sundays excepted — after it shall have been presented to him, the same shall be a hiw in like manner as if he had signed it, unless the Assembly, by adjournment, prevent its return, in which case it shall not be a law. Sec. 25. And be it further enacted, That all township, dis- trict and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Kansas. The Governor shall nominate, and by and with the advice and consent of the Legislative Council appoint all officers not herein otherwise provided for ; and in the first instance the Governor alone may appoint all said officers, who shall hold tlieir offices un- til the end of the first session of the Legislative Assembly ; and shall lay off the necessary districts for members of tlie Council and House of Representatives, and all other of- ficers. Sec. 26. And. be it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to any office Avhich shall have been created, or the salary or emol- uments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term, but this restric- tion shall not be applicable to members of the first Legisla- tive Assembly ; and no person holding a commission or ap- pointment under the United States, except postmasters, shall 1)6 a member of the Legislative Assembly, or shall hold any office under the government of said Territory. Sec. 27. And be it further enacted. That the judicial power of said Territory shall be vested in a Supreme Court, Dis- trict Courts, Probate Courts and in Justices of the Peace. — ORGANIC ACT. 79 The Supreme Court sliall consist of ii Chief Justice and two Associate Justices, and two of whom shall constitute a quo- rum, and who shall hold a term at the seat of government of said Territory, annually, and they shall hold their offices (luring a period of^foui' years, and until their successors shall 1)6 appointed and qualiiied. The said Territory shall be di- vided into three judicial districts, and a District Court shall l)e held in each of said districts by one of the justices of the Supreme Court, at such time and places as may be pre- scribed by law; and the said judges shall, after their ap- pointments, res])ectively reside in the district which shall be assigned them. The jurisdiction of the several courts herein provided for, both apj^ellate and original, and that of the Probate Courts and Justices of the Peace, shall be as limited by law; Provided, That Justices of the Peace shall not have jurisdiction of any matter in controversy when the title or boundaries of laud may be in dispute, or where the debt oj- sum claimed shall exceed one hundred dollars; and the said Supreme and District Courts, respectively shall, possess chancery as well as common la^^' jurisdiction. Each District Court or the judge thereof, shall appoint its clerk, who shall also be tlie register m chancery, and shall keep his office at the place where the court may be. held. Writs of error, bills of exception and appeals may l^e allowed in all cases from the final decision of said District Courts, to the Supreme Court, under such regulations as may be prescribed by law ; but in no case removed to the Supreme Court, shall trial by jury be allowed in said court. The Supreme Court or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the linal decision of said Supreme Court shall be al- lowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regu- lations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy, to 80 HISTORY OF KANSAS TERRITORY. be ascertained by the oath or affirmation of either party or other competent witnesses, shall exceed one thousand dol- lars ; except that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by said Supreme Court, without regard to the value of the mat- ter, property or title in controversy ; and except, also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decision of the said Supreme Court created by this act, or any judge thereof, or of the District Courts created by this act or any judge thereof, upon any writ of habeas corpus, involving the ques- tion of personal freedom ; Provided, That nothing herein contained shall be construed to apply to or effect the provis- ions of the " Act respecting fugitives from justice, and per- sons escaping from the services of their masters," approved Feb. twelfth, seventen hundred and ninety-three, and the "Act to amend and supplementary • to said act," approved September eighteenth, eighteen hundred and fifty ; and each of the said District Courts shall have and exercise the same jurisdiction, and in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States ; and the said Supreme Courts of the said Territory and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in Avhich the same are granted by the judges of the United States in the District of Columbia ; and the first six days of every term of said courts arising under the Constitution and laws,, and writs of error and appeal in all cases shall be made to the Supreme Court of said Territory, the same as in other cases. The said clerk shall receive the same fees in all such cases which the clerks of the District Courts of Utah Territory now receive for fimilar services. Sec. 28. And, be it further enacted, That the provisions of the act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved ORGANIC ACT. 81 Feb. twelfth, seventeen hundred and ninety-three, and the provisions ef an act entitled "An act to amend, and suppla- nientary to the aforesaid act," approved September eighteenth, eighteen hundred and fifty, be and the same is hereby declared to extend to and to be in full force within the limits of the said Territory of Kansas. Sec. 29. A7id be it further enacted, That there shall be ap- pointed an attorney for said Territory, who shall continue in otfice for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of tlie United States for the present Territory of Utah. There shall also be a marshal for tlie Territory, appointed, who shall hold his ofiice for four years, and until his successor shall be appointed and qualified, unless sooner removed by the Presi- dent, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States ; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Utah, and shall, in addition, be paid two hundred dollars annually, as a compen- sation for extra services. Sec. 30. And be it further enacted, That the Governor, Sec- retary, Chief Justice and ' Associate Justices, Attorney an d Marshal, shall be nominated, and by and with the advice and consent of the Senate, appointed by the President of the United States. The Governor and Secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or aflirmation before the District Judge or some Justice of the Peace in the limits of said Ten-itory, duly authorized to administer oaths and affirmations by the laws now in lorce therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when 82 HISTORY OF KANSAS TEEEITORY. SO take», shall be certified by the person by whom the same shall have been taken ; and such certificate shall be received and recorded, by the said Secretary, among the executive pro- ceedings ; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of tlie Territory, who may be duly commissioned and qualified, whicli said oath or affirmation shall be certified and transmil- ted by the person taking the same, to the Secretary, to be by him recorded as aforesaid ; and, afterwards, the like oath or affirmation shall be taken, certified and recorded, in such man- ner and form as may be prescribed by law. The Govei'uor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall re- ceive an annual salary of two tliousand dollars. The Secre- tary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States ; but no such payment shall be made until said officers shall have entered upon the duties of their respective appoint- ments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day, during their attendance at the sessions thereof, and three dollars each for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually trav- eled route ; and an additional allowance of three dollars shall be paid to the presiding officer of each House, for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms and door-keeper, may be chosen for each House; and the chief clerk shall receive four dollars per day, und the said other officers three dollars per day during the session of the Legislative Assembly ; but no other officers shall be paid by the United States ; Provided, That there shall be but one session of the Legislature annually, unless, on an ex- traordinary oc.'casion, the Governor shall think proper to call ORGANIC ACT. 83 the Legislature together. There sliall be appropriated annu- ally, the usnal sum to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the executive department ; and there shall also be appropriated annually, a sufficient sum to be expended bv the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the print- ing of the laws and other incidental expenses ; and the Gov- ernor and the Secretary of the Territory shall, in the dis- bursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended ; and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the acts of Congress making the appropriations, nor be- yond the sums thus appropriated for such objects. Sec. 31. And be. it further enacted, That the seat of gov- ernment of said Territory is hereby temporarily located at P^ort Leavenworth ; and that such portions of the public buildings as may not be actually used dnd needed for military purposes, may be occupied and used under the di- rection of the Governor and Legislative Assembly, for such public purposes as may be required under the provisions of this act. Sec. 32 And he it further enacted, That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised by the delegates from the several other Territories of the United States to the said House of Representatives; but the delegate first elected shall hold his seat only during the term of Congress to which he shall be elected. The first election shall be held at such V 84 HISTORY OF KANSAS TERRITORY. times aud places, and be conducted in sucli mauiier as the Governor shall appoint and direct; and at all subsequent elec- tions, the times, places and manner of holding the election, shall be prescribed by law. The person having the greatest ]iumber of votes shall be declared, by the Governor to be duly elected, and a certificate thereof shall be given accord- ingly. That the Constitution, and all laws of the United States which arc not locally inapplicable, shall have the same force and effect within the said Territory of Kansas as else- where within the United States, except the eighth section of the act preparatory to the admission of Missouri into tl.ie Union, approved March sixth, eighteen luindred and twenty, which being inconsistent with the principle of non-interven- tion by Congress Avith slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, comniolily called tlie compromise measures, is hereby declared inoperative and void ; it being the true intent and meaning of this aqtnot to legislate slavery into any Territory, or States, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own v/ay, subject only to the Constitution of the United States; Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation wiiich may have existed prior to the act of the sixth of March, eighteen hundred and twenty, either protecting, es- tablishing, prohibiting or abolishing slavery. Sec. 33. And he it further enacted,. That there shall hereaf- ter be appropriated, as has been customary for the Territorial governments, a sufficient amount, to be expended under the di- rection of the said Governor of the Territory of Kansas, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of gov- ernment, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal ORGANIC ACT. 85 and Attorney of said Territory, and such other persons, under such regulations, as shall be prescribed by law. Sec. 34. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty- six in each township in said Territory, shall be, and the same are hereby reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. Sec. 35. And be it further enacted, That until otherwise provided by law, the Governor of said Territory may define the judicial districts of said Territory, and assign the Judges who may be appointed for said Territory to the several dis- tricts ; and also appoint the times and places for holding courts in the several counties or sub-divisions in each of said judicial districts, by proclamation, to be issued by him ; but the Legis- lative Assembly, at their first or any subsequent session may organize, alter or modify such judicial districts and assign the Judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Sec. 36. Arul be it further enacted, That all officers to l)c appointed by the President, by and with the advice and con- sent of the Senate, for the Territory of Kansas, who, by vir- tue of the provisions of the laws now existing, or Avliich may be enacted during the present Congress, are required to give security for the moneys entrusted with them for disbursement, and shall give such security at such time and place and in such manner as the Secretary of the Treasury may prescribe. Sec. 37. And be it farther enacted, That all treaties, laws, and other engagements made by the government of the United States with the Indian tribes inhabiting the Territories em- braced within this act, shall be faithfully and rigidly observed, notwithstandmg any thing contained in this act ; and that the existing agencies and superintendencies of said Indians be 9 86 HISTORY OF KANSAS TERRITORY. continued with the same powers and duties which are now prescribed, except the President of the United States may, at his discretion, change the location of the office of the Su- perintendent, Approved, May 30, 1854. ANTIQUITIES OF KANSAS. 87 CHAPTER VIII. ANTIQUITIES OF KANSAS. — 1705-1854. Kansas cannot boast of a remote antiquity. Her soil never became the scene of stirring events until of late years. Her level and far-reacbing prairies afforded but little temptation to the early adventurer. Ko ideal gold mine or opulent Indian city were ever located within her boundary. The name Kansas, signifying smoky, is derived from the chief river running from the east through the centre of the State ; the name of the river having been derived from that of the tribe of Indians inhabiting its borders towards its mouth. It is variously spelled by early writers, Cansan, Kanson, Kanzas; but since the organization of the Ter- ritory it has been written Kansas. The Kansas Indians are sometimes called Kaws — a nick-name given them by the French. In 1705 the French explored the Missouri River as far as the mouth of the Kansas. They were kindly received by thi> natives, and were soon engaged in a profitable trade with them, which they continued to carry on for more than a cen- tury afterwards. These were the first Europeans that beheld the soil and river of Kansas. In 1719 M. Dutisne, a young French oflacer, was sent out with a party by Beinville, Governor of Louisiana, on an ex- ploring expedition. He ascended the Mississippi as far as the Sabine river, and thence traveled westward over a rocky, broken and timbered country, about three hundred miles arf near as he could judge, until he came to the principal vilage 88 HISTOEY OF KANSAS TEEEITOEY. of the Osages. As he describes the village, it was then situ- ated on a hill, five miles from the Osage liiver, and contained about one hundred cabins. These Indians spent but a small part of their time at the village^ being engaged in the chase at a distance. Traveling thence to the north-west one hundred and twenty miles, he visits the Panoucas. They lived on the prairie which abounded in butFaioes, in two villages of about one hun- dred and thirty cabins. They had three hundred fine horses which they prized very highly. Then he advanced westward four hundred and fifty miles to the Paonis," a very brave and warlike nation. Here he takes formal possession of the country in the name of his King by erecting a cross with the arms of France, Sept. 27th, 1719. He now turns back and directs his march to the Missouri liiver, three hundred and fifty yards from which he discovers the village of the Mis- souries. Thus so early the French have discovered and ex- plored the Territory of Kansas, and had opened a live! 3^ trafiic with the Indians, which was kept up for a century afterwards. The Spaniards, who always repelled with alacrity every western advance of the French, having driven them from Texas, determined to have command of the Missouri Eiver before their rivals had permanently established themselves upon its border. They had heard of M. Dutisne's tour through the territory and knew that success required celerity. They sought by possessing themselves of the Missouri River, to command its waters and enjoy its commerce by restricting the French on the Illinois side of the Mississippi. Their object was first to concj[uer the Missouries who lived upon the banks of that river, and who were friendly to the French, and es- tablish there a colony. The Pawnees, who dwelt west of the aforesaid Indians, were at war with them, and the Span- iards hoped to enlist tke former as allies in the undertaking. 1. Supposed to be the Pawnees. 2. This tribe cannot be identified. ATNTIQUITIES OF KANSAS. 89 Accordingly a numerous caravan set out from Santa Fe in 1720 to take possession of the country along the Missouri and establish upon its borders a colony. They first sought the Pawnee villages in their march, but losing their way, they unfortunately fell in with the Missourie s whose destruction they had planned. Mistaking them for the Pawnees, they made known their designs, and solicited their co-operation. The Missouries manifesting not the least astonishment at this unexpected visit and startling communication, requested time to assemble their warriors. In forty-eight hours two thous- and assembled in arms. They attacked the Spaniards in the night and killed the whole party except one priest who es- #caped on horseback and returned to Santa Fe, where the rec- ords of this account are preserved. This battle occurred a little below Fort Leavenworth, on the banks of the Missouri. The French apprised of this bold undertaking of the Span- iards in advancing almost one thousand miles from their pos- sessions into this unexplored countiy, resolved to establish a fortification in that direction. Accordingly INI. de Bourg- mont was dispatched with a considerable force, who ascended the Mississippi and Missouri Rivers to an island in the latter above the mouth of the Osage Piver a short distance, and established on it Fort Orleans. At this time the Padoucas, who lived north-west of the Missouries, were at Avar with the latter and their allies, the Kansas, Ottoes, Osages and lowas. The above mentioned officer in 1724, made an extensive exploration from Fort Or- leans to the north-west, accompanied by a few soldiers and some friendly Indians, for the purpose of establishing friend- ship among the native tribes and opening and strengthening trade with them. Setting out on the 3d of July, he returned on the 5th of November, having successfully accomplished his object. Lewis and Cark in 1804 made an expedition up the Mis- 90 HISTORY OF KANSAS TERRITORY. souri and across to the Pacific under the direction of the Government. They encamped at the confluence of the Kan- sas and Missouri Rivers and spent two days. Here they found plenty of game. Somewhere near Atchison, they discovered the remains of an old French fort and village. A little farther up they found a house and a trading-post but met with no white people. A negro cook witJi them excited the curiosity of the Indians. The first steamboat that passed Kansas on the waters of the Missouri was the Westerii Engineer in 1819, under the command of Major S. H. Long. He, with a corps of Topo- graphical Engineers, went on a tour of observation up to the Yellow Stone. " The boat was a small one with a stern Avheel and an escape pipe so contrived as to emit a torrent of smoke and steam through the head of a serpent with a red, forked tongue from the bow." This was designed to imitate a powerful serpent, vomiting fire and smoke, and lashing the water into a foam with its tail, in order to strike terror among the Indians. Tradition says that they thought it was a " maniteau " which had come to destroy them. The fur trade was early prosecuted along the Missouri River. In this extensive and lucrative traffic Kansas must have participated largely. During the fifteen years previous to 180-1 the value of furs annually collected at St. Louis is estimated at $203,750. James Pursley was the first hunter and trapper to traverse the plains between the United States and New Mexico (1802), and consequently the first Anglo- American to behold the soil of Kansas. General William H. Ashley in 1823 fitted out his first trapping expedition to the mountains. He discovered the South Pass and thus opened the highway to Oregon and California. For forty years the fur trade averaged from two to three hundred thousand dollars annually. The last named gentleman alone between the years 1824 and 1827 sent fur to St. Louis to the value of $180,000.^':-= Peck's Annals of the West- ANTIQUITIES OP KANSAS. 01 In the spring of 1823 the great Santa Fe trade from Mis- souri originated at Franklin, now Booneville, in Howard County, "where the first enterprise was planned and outfit procured. It being an experimental trip, the stocks con- veyed were slender, comprising a cheap class of goods, which were carried on pack mules and. in wagons. This expedi- tion proving a success, and awakening bright prospects of wealth, it was repeated the following year on a more exten- sive scale. In 1825 the Government, having its attention directed to this new channel of commerce by Colonel Ben- ton, employed Major Sibley to survey and establish a wagon road from the Missouri State line to Santa Fe, which has been a great thoroughfare of travel ever since. The trade increased slowly but gradually during the next twenty-two years, the value ot its exports averaging from $50,000 to $100,000 per annum. The Indian tribes through whose territory the trains had to pass soon became very troublesome. They would suddenly swoop down upon the unsuspecting encampment of the trans- porters, drive ofi:" their draft animals, rob the wagons and frequently destroy lives. As but few traders in those days started out with more than two or three wagons, considera- tions of safety suggested a general rendezvous, from which point they could all start together and aflbrd each other mu- tual protection. A spot well timbered and watered was se- lected for this purpose, which has ever since been known as " Council Grove." The caravans that thus collected here, numbered hundreds of wagons and thousands of mules, horses and oxen, and their departures over the Plains noted in the papers through the States. The town of Independence, Missouri, was formed soon after the opening of this overland traffic and became the principal outfitting post. From 1832 to 1848 it held this commercial ascendancy and its merchants accumulated vast fortunes. In 1834 the first stock of goods was landed a little below Kansas City, at Francis Chouteau's log warehouse, 92 HISTORY OF KANSAS TERRITORY. destined for the J^ew Mexico trade. From that time Kansas City and AYestport continued to acquire more and more of this overland commerce, so tliat by 1850 they had secured its complete monopoly. According to the record kept by Messrs. Hays & Co. at Council Grove, there were engaged in the l^ew Mexico trade in 1860, 5,984 men; 2,170 wagons; 464 horses; 5,933 mules; 17,836 oxen. The wagons were loaded with fifty-five hun- dred pounds each on an average, making an aggregate of six thousand tons ! The capital employed in carrying on this transportation for this season alone was not far from two million dollars ! To protect this trade and the western frontier from the depredations of the Indians the Government in 1827 posted a portion of the Third Regiment of United States troops, numbering about 200 men, where Fort Leavenworth now stands, under command of Major Baker. This post was named after the Colonel of this regiment, Henry H. Leaven- Avorth. It was at first called a cantonment and the title of Fort was not applied until 1832. For several years after its establishment the troops were so greatly afflicted by disease that in 1829 it was temporarily reduced — the most of the troops being sent upon the prairies. In 1830 the Sixth Re- giment of Infantry superseded the Third ; and in 1835 it was commanded by the Third Division of Dragoons under Colonel Dodge, who, in 1845, made an expedition to Pike's Peak and back, in which he cultivated the friendship of the Prairie Indians.* Fort Leavemvorth attracted but little at- tention until the breaking out of the war with Mexico and the gold excitement in California when it became a great outfit- ting post for western travel and trade. Soon after the admission of Missouri as a State into the Union, large cessions of land were secured to the United States from the natives west of that State. The Government then conceived the design and perfected a plan for the trans- '■American State Papers. ANTIQUITIES OF KANSAS. 93 ter of all eastern tribes of Indians to the west of the Missis- sippi. Tribe after tribe was thus led to migrate westward, so that by the middle of the Nineteenth Century not a tribe remained in the States. Thus up to the time of the organi- zation of this Territory, the lands of Kansas were held and inhabited solely by Indians, white people being forbidden by the terms of the treaties to settle on them without the con- sent of the former. This was literally the Indian Territory, and it was the design of the General Government to make it the permanent home of the Red Man. Fort Scott was made a military post in 1841 to hold the Indians in check. A few Government buildings were erect- ed, which were sold m 1855 for two or three hundred dollars a piece. The American Fur Company formerly had a post there. From 1843 to 1850 General Fremont made repeated tours through this Territory. The first train that ever crossed the Plains, over the Rocky Mountains, to the Pacific coast, was conducted in 1844 by Mr. Neil Gillem. He set out from Buchanan County, Missouri, with fifty wagons and one hundred men, and went to Oregon. The following year the Mormons assembled near Atchison preparatory to crossing the Plains. They made this their place of rendezvous for all companies going to Salt Lake for several years thereafter. They erected a house here after- wards and opened a farm, which is to this day known as the Mormon farm. In 1845 the Mexican war broke out and Fort Leavenworth became the gathering point for soldiers and the shipping point for military stores, destined for Mexico. It was across the prairies of Kansas that General Kearney made his celebrated march to Santa Fe. Immediately afler the termination of this war gold was discovered in California, aiid the tide of fortune seekers rolled across this soil. Kansas City, Fort Leavenworth and St. Joseph were the principal points at which the emigrants united into vast caravans, miles in 10 94 HISTORY OF KAXSAS TERRITORY. length, bound for the land of wealth. In 1849, thirty thou- sand, and in 1850 sixty thousand, persons crossed the Plains on their journey to the Golden Gate, the chief portion of whom crossed the prairies of Kansas. As this kind of prairie travel and commerce is passing away, it is thought proper to insert an excellent description of it by one %yith whom it was perfectly familiar : " The wagons, after receiving their loads, severally return to the camping places, until all belonging to the train are as- sembled. At that 'the order of march' is given. A scene then ensues that baffles description. Carriages, wagons, men, horses and mules and oxen, appear in chaotic confusion. Men are cursing, distressing mulish outcries, bovine lowing, farm an all but harmonious concert, above the desouances of which the commanding tone of the wagon master's voice only is heard. The teamsters make a merciless use of their whip, fists and feet. The horses rear, the mules kick, the oxen baulk. But gradually order is made to prevail and each of the conflicting elements to assume its proper place. The commander finally gives the sign of readiness by mounting his mule, and soon the caravan is pursuing its slow way along the road. "The trains reveal their approach at a great distance. Long before getting in sight, especially when the wind car- ries the sound in the right direction, the jarring and croaking of the wagons, the 'gee-ho' and *ho-haw' of the drivers, and the reverberations of the whips, announce it in the most un- mistakable manner. The traveler coming nearer, the train will by degrees rise into sight, just as ships at sea appear to emerge from below the horizon. The wagons being all in view, the train, when seen a few miles ofi*, from the shining vvhite of the covers, and the hull-like appearance of the bodies of the wagons, truly looks like a fleet sailing with can- vass all spread, over a seeming sea. A further advance will bring one up with the train master, who always keeps a mile or so ahead, in order to learn the condition of the roads, leaving the immediate charge of the train to his assistant. On arriving up with the caravan itself, one will pass from twenty-five to seventy -five high-boxed, heavy-wheeled wag- ons, covered with double sheets of canvass, loaded with from fifty to sixty hundred pounds of freight, and drawn by from ANTIQUITIES OF KANSAS. 95 five to six yoke of oxen, or five spans of mules each. One driver for every Avagon is attached to the train. From four to ten extra hands also accompany it, to fill possible vacan- cies. One or more mess wagons, under the superintendence of cooks likewise form a part of the cortege, the whole being under the supreme command of the wagon master and his assistant. As to cooks the crew of the prairie fleet, after hav- ing traveled on the Plains a Aveek or two, outshine the deck haiids of our steamboats altogether. When ' under sail ' the prairie schooners usually keep about thirty yards from each other, and as each of them, with its animate propelling power, has a length of eighty or ninety feet, a large train requires an hour to pass a given point." 96 HISTORY OF KANSAS TERRITORY CHAPTER IX. A SURVEY OF THE BATTLE-FIELD AND THE CONTESTANTS BEFORE THE CONFLICT. When the Nebraska-Kansas Bill passed Congress, Kansas contained not a town or settlement of whites. The only in- habitants within its boundaries except Indians, were a few traders, missionaries and Indian agents. The western limits of Missouri were, a few years previous, regarded as the outer verge of civilization, and the domain of Kansas as a part of the great American Sahara, over which farms, towns and cities could never spread — lit only for the nomadic wander- ings of the savage, the prowlings of the wolf and the range of the buflalo. It was marked on the majj — " Great American Desert," as a desolate and sterile waste. And there was little in it to excite the cupidity and jealousy of bordering States, as it was covered for one hundred miles back with reserves for Indians, guaranteed to them in perpetuity for homes by the general Government — the policy of pro- slavery legislation whereby the territory bequeathed to Fi'ee- dom was rendered inaccessible for settlement. During the California emigl'ation, the Eastern and Middle States became more familiar with this country. Travellers in passing through it were struck with its richness, beauty and grandeur, and wrote back glowing descriptions of it. Many that traversed^ its soil, were the first emigrants to this Territorv. But nothwithstanding these lights thrown upon the " Far West," most people east of the Mississippi knew 1854.J SURVEY OF THE BATTLE-FIELD. 97 nothing of Kansas by name in 1854, and were required to purchase new maps to ascertain its location. The people of Missouri from the first favored the organi- zation of the Territory west of their State, on the principle of self-interest. Hon. "VVillard P. Hall, representative from Missouri, introduced the first bill for that purpose. Senator Atchison opposed it at the first session of the thirty-second Congress, but favored it at the second on account of the in- structions of his constituents. The Missourians had not the least idea or expectation but that when it " come in," as they expressed it, it would come in as Free Territory, until the question of repealing the ^Mis- souri Compromise was raised by pro-slavery politicians. The birth-day and parentage of this design cannot be def- initely determined. Both Atchison and Douglas claimed its paternity. One thing, however, is certain that early m 1853, the former in the city of Weston on a goods-box made a speecli in which he said "he would oppose the admission of Nebraska into the Union as a Free State with the last drop of his blood; he would oppose the Missouri Compro- mise to his last breath; he would have that odious Missouri Compromise repealed, which made men either give up their negroes, or give to Northern cattle the finest farms in Nebraska. American citizens should be privileged to go where they pleased and carry their property with them, whether that property was furniture, mules or niggers. On that question, when it should come up, he pledged himself to be faithful; that the Missouri Compromise should be re- pealed. Wliat will you do if the Missouri Compromise is not repealed? Will you sit down here at home, and permit t/tr nigger thiei:€S, the cattle, the vermin of the North to come into Nebraska and take up those fertile prairies, run off your ne- groes and depreciate the value of your slaves here? I know you well ; I know what you will do; you know hoAv to pro- tect your own interests ; your own rifles will free you from such neighbors and sec\n*e your property. You will go iu 98 HISTORY OF KANSAS TERRITORY. there if necessary with bayonets and with blood. But we will repeal the Compromise. I would sooner see the whole of Nebraska in the bottom of hell than see it a Free State." Mr. Atchison continued to make similar speeches to the above during the summer of 1853'over Western Misouri. He denounced Hon. Thos. H. Benton, the best friend and purest statesman Missouri ever had, as a traitor to his State and an abolitionist, because he opposed the repeal of the Missouri Compromise. This Cataline of the Border continued his harrangues until the feelings of the people were all aflame with prejudice and hatred towards persons from the free States. V Those unacquainted with the inhabitants of the Border at that time cannot well comprehend how that public senti- ment could 80 easily be swayed and shaped by drunken, vul- gar and inflammatory speeches. First were the native Mis- sourians, who were a singular class of people and have not per- haps, their prototypes in the world — certainly not in the United States. Their fathers were chiefly renegades from the Eastern States, who had fled to escape the just desert for crimes committed. They inherited all the vices of their an- cestors, and had learned many new ones. They were incred- ulous and suspicious of strangers and easily excited against them. When enraged they were as furious as a mad dog and as cowardly and unmanly as a jackal. They had no conclu- sions, but only beliefs. They never know anything but by rumor. They had few ideas and opinions of their own, but gather them from their leading men. No matter how clearly a stranger might demonstrate a truth to them they would not believe it. No matter how absurd a proposition advanced by one of their favorite leaders might be, they would'embrace it as coming from the Oracle of Truth. Utter stangers to prin- ciples, they were never happier than when in meanness. Loud in their professions of law and order, there was not a week passed during which robberies, murders and disturbances were not committed. Whenever an individual became un- 1854.] SURVEY OF THE BATTLE-FIELD. 99 . popular in community, he was accused of all kinds of mis-do- ings and evil designs, warned to leave-which failing to observe, he was attacked by a mob, his property destroyed, and lucky he was if he escaped with his life. Infatuated piebians; Proud of the appellation of "Sovereigns," which the courting politician of the Border flung out like Roman largesses among them, their enslavement was worse than that of the contemned African. Whiskey was held in high esteem by all classes, and celebrated lecturers on temperance were fre- quently insulted by continued threats and horrid oaths dur- ing their discourses. On a certain occasion at one of the chief towns of the Border, a celebrated champion in the temper- ance cause was grossly insulted by a ruffian rushing up and pulling his nose in the midst of his lecture, while the audience applauded the outrage. The following day the city papers lavishingly complimented the perpetrator of the offense and oiFered in imposing capitals a reward of one cent for the " ab- sconded lecturer." Of native Missourians there were two classes — the wealthy and the poor — holding about the same relation to each other as did the planters and the poor whites of the South. The poor were much the more numerous ; but being ignorant and pecuniarily dependent upon their wealthy neighbors, they were the pliant tools of the latter. It is remarkable that Missouri though having as large a school fund as any State in the Union, has had no system of public schools until recently. Both classes of native Missourians along the Border were at that time alike i\nscrupulous, ungenerous and ignoble. The wealthy, highly aristocratic, possessed all the cravings to rule of Southern slave masters. Though full of blarney and suavity, with the exterior polish of gentlemen, they would not shrink from any measure to attain their ends. ]S[any of them had become very wealthy from the commerce of the prairies. The above remarks apply entirely to native born Missourians — regular, genuine " Pukes." With both of these elements were minsrled a lars^e number 100 HISTORY OF KANSAS TERRITORY. froni the free and slave States, the .first of whom generally adopted in a great measure the habits, peculiarities and prej- udices of the Missourians and became their boon compan- ions, during the Kansas troubles, though possessing a great deal of native manliness; while the other in most instances retained their former feelings and principles, and were the staunchest free State men and greatest sufferers during the Kansas conflict. There were also a peculiar, though powerful, class along the Border, composed chiefly of native Missourians, Avho might justly be termed the loungers and loafers. They ac- companied trains across the Plains, went on hunting expedi- tions, and had generally been through the Mexican war. They were a powerful class — the military of the Border. They formed the mobs, did the stealing and a good share of the drinking. They were ever ready for adventure, any thing wild and daring. The wealthy and aristocratic were enlightened and viciously refined. They were the prime movers in every public meas- ure, possessing not only the influence and consideration of the slave master, but, also, the train master ; they by a little strategy and caution controlled the rabble and the poor class of inhabitants. It has been said that many of this class did not approve of the unjust measures to make Kansas a Slave State. While this is true in some cases, it must also be re- marked that they enjoy the odious honor of being the insti- gators of the outrages which followed, and many of them vied with the rabble in the grossness of their conduct and the atrocity of their acts. Those who laid claims to respectability and honor and who had been so rejmted before the Terri- torial troubles, where they entered into the strife, entirely .lost sight of their manhood and plunged into the excesses of infamy and outrage. ]Many of these individuals since the po- litical elements became still, have reinstated themselves in the esteem and confidence of society. But while it is be- coming that society should throw a mantle of oblivion over 1854] SURVEY OF THE BATTLE-FIEED. 101 their past misconduct, it is the painful duty of the faithful historian to exhibit the past in its real light. Individuals who heartily disapproved of the course pur- sued by the Missourians dared not raise their protest against it for fear of personal violence or destruction of their prop- erty. In cases where the blind and hot-headed policy pur- sued, was mildly rebuked, happy was the offender against public sentiment if his life and property did not pay the for- feit. Such was the character of the elements into which the fiery and inflammatory appeals of Hon. D. R. Atchison were thrown. He understood their character and knew well how to prepare them for the coming struggle. As he figured con- spicuously in the early part of the Territorial history of Kan- sas and has been rather a remarkable man, a short account of his life is here given. David R. Atchison was born in Fayette County, Kentucky, on the 11th day of August, 1807. His father was an indus- trious farmer of influence in his neighborhood. David at an early age was put into a grammar school, from which he was transferred to Transylvania University, where he graduated. In 1828 he began the study of law as a student in Lexington Law School, w^here he remained for two years. After ha^^ng thus finished his school preparation he emi- grated to Clay County, then the extreme border of Missouri. Adapting himself at once to the society of the frontier, ambi- tious of distinction, he soon became a person of notoriety in that section of the country. In 1834 he was elected to the lower House of the State Legislature, and in 1838 was again elected to the same position. He was, during this session of the Legislature, chosen Major-General of the Militia that were to operate against the Indians. Although he never saw any active service, he ever afterwards retained the title of Gen- eral. In 1840 he was beaten as a candidate for the Legisla- ture by a small majority, and in 1841 was elevated to the bench of the Platte Judicial Circuit. After filling this po- ll 102 HISTORY OF KANSAS TERRITORY. eitiou witli credit lor two years, he was then chosen by Gov- ernor Reynolds to fill the vacancy in the United States Sen- ate, occasioned by the death of Dr. Lewis Lynn. In 1844 he was elected to the same position by the State Legislature, and re-elected in 1849. Mr. Atchison, being President of the Senate at the time of the death of Hon. "William R. King, the Vice-President elect, became ex-officio Vice-President of the United States. In 1851, when the question of organizing the l^ebraska Territorv w^as broached in the LTnited States Senate, Mr. Atchison opposed it. At the next session, hoAvever, of the same Congress he favored it, though the validity of the Mis- souri Comjjroniise had not yet been questioned. But it was his intention and that of his constituents to introduce slavery into this Territory regardless of prohibitions. He could not, however, satisfy his Southern friends of his success in the un- dertaking, and the bill failed. In the summer of 1853 he boldly announced himself in favor of the repeal of the Missouri Compromise, and preached in the purest orthodoxy the principles of Popular Sovereignty. And consequently the following winter in the Senate he was a warm supporter of the Kansas-Nebraska bill. He aspired to the Presidency of the United States, and for some time had his name in the Border papers as a candidate. He ran for the United States Senate at the March election in 1855, but was badly defeated. The year after his defeat he spent the most of his time in Kansas leading the Platte County Rifle Company, whose exploits will be duly recorded. After the defeat of slavery in Kansas he retired to his farm about seven miles from Weston, Missouri, where he yet re- sides, taking no part in politics. In the fall of 1853, therefore, the people of W^estern Mis- souri resolved that Kansas should be a Slave State at all haz- ards. The question of making it a Slave State was then for the first time raised, and that, too, by a gentleman who un- derstood that the Missouri Compromise would be repealed. 1854] SURVEY OF THE BATTLE-FIELD. 10-''. The minds of the people had been prepared for the struggle; the pecuniary interest of the wealthy demanded it; the de- pendent poor, obsequious to the rich, stood ready to do their bidding, and all prided themselves in maintaining the institu- tions and honor of Missouri. A¥hen the Missouri Compromise was repealed the impres- sion was made upon the minds of the people of north-west Missouri that the organization of the Territories and the re- moval of the slavery restriction was a kind of " compromise measure " by which there -was an implicit understanding that Kansas should be a Slave State. This was the prevailing, natural, and, in many instances, the sincere and honest im- pression which pervaded pretty generally the minds of all classes on the Border. This fact may serve to palliate, in some degree, their subsequent conduct.* The people of the Free States who were the tirst to favor the organization of ISTebraska Territory, never dreamed that an efibrt would be made to introduce slavery therein until the session of the thirty-third Congress the following winter. There were two large parties in the Middle and Eastern States opposed to Slavery, both radical in principle, but one favoring a prudent, the other a fanatical policy. One opposed the extension and growth of Slavery by all Constitutional means; the other believed the ends would justify the means of its total abolition. Both were equally opposed to yielding Kansas to Slavery, and both resolved to rescue her from its grasp. ■••'From Dr. J. H. Strongfellow's testimony before the Congressional Committeo. the following is taken ; " At the time of the passage of that bill, and prior to that time, I never heard any man in my section of Missouri express a doubt about the nature of the institutions that would be established hero, provided that the iMissouri restriction was removed ; and I heard of no combination of persons, either in public or private, prior to the time of the organi'/iation of the Emigiant Aid Society, and» indeed, for months afterwards, for the purpose of making united action to frustrate the designs of that society in abolitionizing or making a free Stato of Kansas. The conviction was general that it would be a Slave State. The settlers who come over from Missouri after the pa??.'iga of the bill, as far as I know, generally believed that Kansas would be a Slave Statw" 104 HISTORY OF KANSAS TEREITORY. The friends of Free Labor defeated and overwlielmed in Conjzress, resolved to renew the conflict on the distant fields of Kansas. Though borne down by an unjust and unfair leg- islation, they determined "to possess the goodly land" by emigration and settlement— the very mode prescribed by Congress. The devotees of Slavery entered upon this struggle with many advantages. The Organic act was skillfully framed with this end in view. Slavery was already in the Territory and had been for many years, in violation of the laws of the United States. The Government officials, missionaries and traders among the Indians held slaves and had sought to impress the native inhabitants with its attractions, some of whom held slaves.* It was regarded by the friends of slavery, and conceded by its opponents, that the Organic act establishing the Territory, recognized the right to hold slaves in the same ; and that neither the people nor the Territorial Legislature could prohibit slavery; that power was alone possessed by the people when they were authorized to frame a State Government "It was contended that the removal of the Slavery restriction virtualty established slavery in the Territory." The whole weight and influence of the General Government was ready to be employed in the interest of Slavery. Every officer in the Territory was to be appointed by the President. Missouri lying con- tiguous to this Territory, enabled her people to pass easily and quickly over and lay out their claims, preparatory to emigra- ting. It was not in the line of emigration from the Free States, being too far south ; whereas up the Mississippi and Missouri the tide of slave emigration had been for years pressing. Thus stood the sectional parties when the " Irrepressible These facts are gathered from old settlers- Joe Parks, a chief among the Shawnees and Choeteau, near Westport, each owned three slaves. Revs. Messrs, Perry and Johnson, missionaries among the Delawares and Shawnees, owned several apiece, — S laves must have been held here twenty years previous to 1854. 1854.] SURVEY OF THE BATTLE-FIELD. 105 Conflict," Avhicli liad been waged since the childhood of the Thirteen Colonies, was transferred from the Legislative Halls of the nation to the fair and virgin prairie of Kansas, to be renewed with the fury and desperateness of the death grapple. 106 HISTORY OF KANSAS TEREITOEY. CHAPTER X. PRO-SLAVERY EMIGRATION AND EMIGRANT AID SOCIETIES. Ill the early part of May before tlie Territory was thrown open to settlement, the people Irom the western border of Missouri began coming over and locating their claims upon the best sites in the country. They would mark them with stakes, or four poles thrown quadrangularly upon the ground, as the initium of a cabin, and then return to their homes — some to prepare to emigrate, others merely to watch and hold their newly acquired possessions. Thus they continued to scatter themselves over the best country of Eastern Kansas, in many instances disregarding the Indian title by which the lands were held, until almost ever}' gentleman in Western Missouri had a claim upon which he had moved, intended to move, or designed to hold.* Immediately after the intelligence of the passage of the ISTebraska-Kansas Act was communicated to \Festern Mis- souri, some of the leading politicians in that quarter crossed over into Kansas and held meetings among the Squatters. — At one held on Salt Creek, June 10th, 1854, the following- Preamble and Resolutions were adopted : " Whereas, "We, the citizens of Kansas Territory, and many *In the Democratic Platform publisliefl in Liberty, Missouri, of June 8thi 185J, we find the following ; " AVe learn from a gentleman lately from the Territory of Kansas, that a great many Missourians have already set their 'meg' in that country, and are making ar- rangements to 'darken the atmosphere' with their negroes. This is right; let every man that owns a negro go there and settle, and our northern brethren will be com' pelled to hunt further north for a location." 1854.J SETTLING KANSAS. 107 other citizens of the adjoining State of Missouri, contem- plating a Squatter's home on the plains of said Territory, are assembled at Salt Creek Valley for the purpose of taking such steps as will secure safety and fairness in the location and preservation of claims. Therefore, be it resolved ; " 1st, That we are in favor of a bona fide Squatter Sover- eignty, and acknowledge the right of any citizens of the United States to make a claim in Kansas Territory, ulti- mately with the view of occupying it. "2ud, That such claim, when made, shall be held inviolate so long as a bona fide intention of occupying it is apparent, and for the purpose of protecting aud defending such claim, we agree to act in concert, if necessary'- to expel intruders. "3d, That every person of lawful age who may be at the head of a famih^, who .shall mark out his claim of 160 acres, so that it may be api^arent how the same lies, and proceed with reasonable diligence to erect thereon a cabin or tent, shall be deemed to have made a proper claim. "4th, That anj^ person marking out his claim shall be deemed to have forfeited it unless he commences his cabin, or pitches his tent within two weeks thereafter, unless the same be on lauds which prohibit it by military or Indian reservations. "5th, That all persons now holding claims shall have two weeks from this day, in which to make the improvements con- templated by the foregoing resolutions. "6th, ]N"o person' shall be protected by the Squatter Associ- ation who shall hold in his own right more than one claim. "7th, That a citizen of the Territory be appointed as register of claims, who shall keep a book in which he shall register the name and description of all s([uatters, and their claims, and the dates of making the same, for which regis- tration he shall be allowed the sum of fifty cents for each claim, to be paid by the claimant. "8th, That we recognize the institution of Slavery as always existing in this Territory, and recommend to slave-holders to introduce their ]3roperty as early as possible. "9th, That we will afford protection to no abolitionists as settlers of Kansas Territory." . 108 HISTORY OF KANSAS TERRITORY. These resolutions were soon after adopted l)y similar meet- ings in different places over Eastern Kansas. It must be liere noted that the term "abolitionists''' meant any person from a Free State, as subsequent facts will show. Thus so early, perhaps before a single emigrant from a free State had entered the Territory, the people of the Border had resolved to afford them no protection, vv'hich as proven by following events, signified that they would not be allowed to settle in Kansas. This was the first public meet- ing of Anglo-Americans assembled, and the first resolutions passed in this Territory. The first attempt at founding a city in the Territory was that of Leavenworth. On the 13th of June an organization of thirty-two persons, composed of pro-slaveiy and free State men, Avas perfected in Weston, Missouri. They had two days previous secured the claim to two quarter sections of land where the city now stands. This was divided into one hun- dred and seventy-five shares that sold at first for $250 a piece. Over $4,000 were spent during the summer in clearing off the tangled growth of hazel brush and laying the ground off in lots and blocks. The title was not secured to the town site until three years afterwards. Geo. W. Gist was the first President and H. Miles Moore the first Secretary of the Board of Directors. Its political character has always been very much mixed ; but no city in the West, after the title to the town site was perfected, has made more rapid improvement. In 1857 Hon. li. J. Adams, the first free State Mayor, was elected. In July Atchison was laid out by an association formed of gentlemen from Platte County, Missouri. It was named in honor of Hon. David R. Atchison, then in the zenith of his glory. The first sale of lots took place on the 21st of Sep- tember, and the little daughter nestled among the hills. Pe- ter T. Abell was President and Ira ISTorris Secretary of the first Board of Directors. It was incorporated by the first 1854] SETTLING KANSAS. 109 Legislature. Until 1857 it was the most violent pro-slavery town in the Territory. While slavery propagandists were thus attending to the settlement of Kansas, the friends of Free Labor were not unemployed. Tlie fierce agitation in Congress had already directed the attention of the people in the Northern States to this Territory. The press all over the land set forth glowing descriptions of its loveliness, fertility and future greatness, and urged upon the people to emigrate thither at once, avail themselves of the vast advantages of that new country and secure it from the curse of slavery. To facilitate, expedite and increase emigration, societies were formed by which ma ny of the difficulties and embarrassments attending emigrants to so new and unsettled a country were removed. As the Mis- sourians have sought to excuse their conduct by the action of these societies, it is thougiit proper to present here a short ac- count of their origin, design, nature and mode of operating. Foremost and conspicuous among these stands the Kew England Emigrant Aid Society. In the month of March, 1854, Mr. Eli Thayer circulated a petition for the incorpora- tion, by the General Court of Massachusetts, of the above mentioned society, the object of which, as stated in the char- ter that Avas granted, was for directing emigration westward and aiding in providing accommodations for emigrants after arriving at their places of destination." Its capital was lim- ited to five million dollars. Tliis charter was signed by the Governor on the 26tli of April and immediately took eflPeet. The persons named in it met on the 4th of May and appointed a committee to report a plan of organization. As the report of that committee sets fortli the internal machiner}- of that company and the motives and designs of those Avho origin- ated and worked it, a copy of it is here inserted : REPORT. "The objects of this corporation are apparent in its name. The emigration to America from Europe introduces into our 12 110 HISTORY OF KANSAS TERRITORY. ports a very large niiiuber of persons, eager to pass westward. The fertility of our western regions and the cheapness of the public lands, induce many of the native born citizens of the old States, also, to emigrate thither. At tlie present time public and social considerations of the gravest character ren- der it desirable to settle the Territories west of Missouri and Towa, and these considerations are largely increasing the amount of westward emigration. "The foreign arrivals in America last year were four hun- dred thousand seven hundred and seventy-seven. In the same year the emigration to the Western States of Americans and foreigners must have amounted to much more than two hundred thousand persons. The emigration thither this year will be larger still; and from the older Western States large numbers are removing into new territory. " Persons who are familiar with the course of movement of this large annual throng of emigrants, know that under the arrangements now existing, they suffer at ev- ery turn. The frauds practiced upon them by ' runners ' and other agents of transporting lines, in the State of iSew York, amount to a stupendous system of knavt^^y, which has not been broken up, even by the patient endeavors of the State officers, and by very stringent State legislation. The com- plete ignorance as to our customs in which the toreign emi- grant tiuds himself, and in more than half the foreign emigra- tion, his complete ignorance of our language, subjects him to eveiy fraud and to constant accident. It is in the face of ev- ery conceivable inconvenience that the country receives every year four hundred thousand foreigners into its seaports, and sends the larger portion of them to its western country. " The inconveniences and dangers to which the pioneer is subject, who goes out alone, or with his family, only in making a new settlement, are familiar to every American. " The Emigrant Aid Company has been incorporated to protect emigrants, as far as may be, from such inconveni- ences. Its duty is to organize emigration to the West, and bring it into a system. This duty which should have been at- tempted long ago, is particularly essential now, in the critical position of the Western Territories. '' The Legislature has granted a charter with a capital suf- ficient for these purposes. This capital is not to exceed $5,- 000,000. In no single year are assessments to a larger amount than ten per cent, to be called for. The incorporators believe 1854] yETTLING KANSAS. Ill that if the company be organized at once, as soon as the sub- scription to the stock amounts to .^1,000,000, the annual in- come to be derived from that amount and the subscriptions, may be so appropriated as to render most essential service to the emigrant, to ])lant a free State in Kansas, to the lasting advantage of the country, and to return a very handsome profit to the stockholders upon their investment. " 1. The emigrant sutlers when he goes alone into his new home. He suffers from the frauds of others, from his own ignorance of the system of travel, and of the country where he settles, and again from his want of support from neigh- bors, which results in the impossibility of any combined as- sistance, or of any division of labor. " The Emigrant Aid Company will relieve him from all these embarrassments by sending out emigrants in companies and establishing theni in considerable numbers. They will locate them where they please on their arrival in their new home, and receive from the Government their titles. The Company propose to carry them to their homes more cheaply than they could otherwise go, to enable them to establish themselves with the least inconvenience and to provide the most important prime necessities of a new colony. It will provide shelter and food at the lowest prices after the arrival of emigrants, while they make their arrangements necessary for their nev.' homes. It will render assistance which the in- forma.tion of its agents can give, and by establishing emi- grants in large numbers in the Territories, it will give them the power of using, at once, those social influences wdiich ra- diate from the church, the school and the press, in the organ- ization and development of a community. " For these pur[»ose8 it is recommended, first, that the Di- rectors contract innnediately with «omc one of the compet- ing lines of travel for the conveyance of twenty thousanopulation to the inviting fields of industry in the West, and of opening the channel for the vast tide of foreign emigra- tion in the same direction, is worthy of a philanthropist. To do this for the purpose of accomplishing an ulterior object, divests the action of its beautiful garb of benevolence, but leaves it clad in its original vestment of justice, and opposition by all lawful measures to the extension of slavery. The act of Congress, therefore, referring ''the vexed question of slavery" to arbitrament by the two conflicting interests of our Union in settling Kansas, called into being these societies and legal- ized their purpose. It is not the design in this place to ex- amine and see whether these societies did any thing unjust or improper, but merely to inquire into /the rightfulness of their motive and plan of operation. The works which they did will all be examined in the order of events. 116 HISTORY OF KANSAS TEEBITORY CHAPTER XI. FREE STATE EMIGRATION. HOSTILE PREPARATIONS AND THE BE- GINNING OF DIFFICULTIES. About the first of July emigration began to arrive from the north-western free States. A little settlement th us effected in the neighborhood of the present Citj' of Lawrence, having assembled on the first of August at Judge Miller's on what was then called " Back Bone Ridge," for the purpose of enacting squatter regulations, was suddenly interrupted by the intrusion of a band of Missourians under the leader- ship of an Indiana lawyer by the name of Dunham, who also acted as their spokesman. Seeing that they were unable to effect anything on account of the presence of these invad- ers, the free State men adjourned the meeting. The Missou- rians hurrying out of tlie house to "liquor," the couyention arranged it to retire for a short time until the former disap- peared. In the course of a couple of hours the little band of free soilers collected again, resumed their deliberations, adopted a constitution and by-law^s and elected officers un- der them. Hon John A. Wakefield w^as constitutued Chief Justice, and Brier W. Miller, Recorder. Under this simple and primary government, justice and equity were dealt out to all parties ; unanimity and good will pervaded the little community. At one time having met at the call of tlie Executive Committee, to remodel their consti- tution, the Missourians again presented themselves to take part in the proceedings. For a time violence seemed immi- 1854] FREE STATE EMIGRATIOX. 117 nent, but by a roiiimiUee of eout'creiire a pacification ■wn?; etfected. The AHsHouriaiis were poniiittcd to take part in tho »'le('tion of otiicerH, with the uiK.lerstaiiding- tliat the iiieunihcnt of the Chief-Justiceship slioiihl be retained. ThuH S(|uatter Sovereitjnty reigned in tranquility for two niontlis wlicn it' was Hn[)erseded by Franl< I^ierce's democracy.' Hon. Charles H. Branscombe, now member of the Missoiiri Legislature from St. Louis, having been setit out in July by the New England Emigrant Aid Societ}' to select u site tor its first settlement, chose' the present beautiful location of Law- rence for that purpose. The first emigrants under the aus- pices of that Company, about thii-ty in uuudxM', arrived iii thf Territory the first of August, and laid the foundations for the Hrst free state city of Kansas. AVhcn this little, colony first encanipcd on the town site, but one man and liis liimily ^n-cu- pied it, and some two or three Missourians had claims u]>on it. The Xew England party having succeeded in purchasing all [>rl()r improvements and claims, took possession of tlie town site. Having thus established themselves, they scatter out and selected in the neighborhood a ([uarter section of land apiece for their claims. Soon afterwards'' a second and larger party, numbering sixty or seventy, arrived under the suptM-- vision of Dr. Charles Robinson and (»en. S. C. Pomroy. At this time the Lawrence association was fcu-med on the prin- ciple of Squatter Sovereignty. Tlieir nundxi-s were soon iui-reased by the arrival of the third and Iburtli [larties.--- The infant cit}^ wrapped in the swaddling of grass, thatch ami canvass, was known by the name of AVaukarusa, Xew Boston, and by the Missourians, Yankee Town, until at a meeting of the Association* it took to itself the name of its benefactor — Lawrence (Amos A.) The colonists first dwelt in tents, pitched upon Mt. Oread and in the valley north of it ; the largest of which was a place of genbral rendezvous. They Avere in this situation of primitive simplicity when first visited by the (1) Tlie author gathered this account from Mr. Wakefield himself- 8. N. Wood Was Secretary of those meetinffs. (2) .July 17. (8) Two weeks. (410ctfitli. la lis HISTORY OF KANSAS TERRITORY. Missourians. They .^oou ai>))li<:*(l tlicmselves to the construc- tion of I'll I lu homes for the couiuig winter. The "Pioneer Boarding House "" was erected, consistinii; of two loni;- rows of poU'S sojue dif^tance apart at tiie base, and brought to_ii:et.her at iiie top. These rafters were t'i(!U thatched A\ilh prairie grass. The buiWing, therefore, was all '' roof und gable." — "This was the principal hotel of the new 'city' — the seed from whici) the Free State Hotel, Eldridge House JSTo. 1, and Eldridge House No. 2 have sprung. The private dwelling-s were mostly log, pole and thatch houses." The tide of emigration from the free States continued to flow in all the fall, settling various parts of the Territory, founding towns and making claims. They spread far back in the Territory and established themselves in little neigh- borhoods in the choicest parts of the countr\\ The city of Topeka was founded by Colonel C. K. Holli- day, M. C. Dickey, F. W . Giles and six or seven others, in Deeember, and, perhaps, did not number over twenty-live persons that year. In tlie spring they obtained a full share of tlie newdy arrived emigrants, and the Constitution Hall, the Topeka House and several stores were erected. Topeka from the iirst centered lier hopes upon the capital and ha.< labored with connuendable persistency to secure it. The word Topeka is of Indian origin, signifying "potato,"' or as the wags say, " small potatoes."' It was iirst suggested by Mr. Webb, Secretary of tlie"'New^ England Emigrant Aid Society. Manhattan, at the junction of the Big Blue and the Kan- sas Rivers, was first settled by a portion of the fourth Xew England party. Their numbers were greatly strengthened in the spring by a company from Cincinnati, Ohio, called the Manhattan Company, Avhich gave name to the town. It i;^. beautifully situated and has always been notein'S tiiat ever :i('(|iiin'(l any <'oiisi(k'i'al)K' iiiiixjrtaiii'c. < )r llu' number of iVee state nicu who I'lai^'ratod lo the I'ei'ritoi'y (his suiunier and fall ]teiiiaj)S iive lunidred caine under tile auspiees of tlie Xe\\' ]^n^■lallll 10niii>-raut Aid So eiety. Tlie existence of tliis jVid Society doiil)tless faeilitated eniiu'ratidU, bv seatterini!,' information r<'spectln5>; tlio Terriloi'y o\er th(^ land, hy caHinji,' the attention of the |)eo|>le to the iuijiovtaiiee oi' settliiiii,' Kansas in order to prevent the exten- f-ion of shivery, and by tlie assurance \vhi(^h thev gave that uiilis, sehdol bouses and ehnrelios Avotild be erected to aeconi- inodato tiie new country. l^)eyond this the work which they did towards ])eo|)lini( Kansas was insignilicant. The only iid- vantages wliicli tlie New England Enn'grant Aid Conipany furnished those wlm came under its iimnediate auspices, wei-e tlic reduction of the iare abont §5.00 and atihrding tlu'in the pleasure of a large company. Tiie consetptence was most ])eo- ph' preferred to come independent of it. Not a cent was ever given by the company towards paying a single omigrant's fare ; not a guarantee ever given that any person woidd be £npp(U'ted free after arriving in the Territor\-. It was tli(> deep pervading feeling in the Xorlli that Kansas ought to be rescued from slavery which awakened this emi- gration. The body cA' them came independent of an\- asso- ciation, upon theirowu resources, to peaceablv and leii'itimattdy establish free institutions in this land. (.)thcr Aid Societies labored to increase cinlgration to Kan- sas, but none of them laboreil as systematically and upon a.i t'xtensivc a scale as the Xe\v England Emigrant Aid Society. ]Sone preserved their organization intact and continued their o[ier:itions until the close of the Kansas dilliculties, except the ojie above mentioned. None organized this fall, estahlislied u colony or formed a settlement, e.vcept the X^ew I'aigland. It was pre-eminently the largest and most thoroughly t)rgan- ized of all similar companies and accomplished more than all otUers combined. It aent out under its auspices as many as 120 HISTOEY OF KANSAS TERRITORY. 2,000 persons. It built mills and school houses, thus streugtli- cning the towns of Lawrence, Topeka, Ossawattomie, and a few others. In time it received town shares for the invest- ments made. At Kansas City it built a hotel and likewise' the Free State Hotel ^at Lawrence, which was destroyed. Tiu- company never employed over |100,000 in its expenditures, aiul was nothing more nor less than what it styled itself, "The Xew England Emigrant Aid Society,'' not sending, but assist- ing emigrants to Kansas, and extending the help of capita! to bettoi" their condition after their arrival. Tlie th'st influx of free state men spread alarm among the slaverv propagandists of the Border. They readily saw that they woidd be utterly unable to legitimately compete witii the vast numbers coming from the Eastern, Middle and North- western States. The bright hallucination that had lit up the prospects of slavery in Kansas and rendered the peoph' (•!' north-western Missouri jubilantly wild, was now darkened by the' swarms of " Northern cattle'' that had just begun to settle in the Territory, and tiie coming of which vague rumor had described " as countless as the stars.'' The knights of slavery disai^pointed, though not dismayed, resolved to terrify others from coming by threats and bluster, and persecuting those already arrived. The Platte Ai-gus sounds the alarm thus: " it is now time to sound the alarm. We know we speak the sentunents of some of tlie most distinguished statesmen of Missouri \vhen we advise that counter organizations be made both in Kansas and Missouri to thwart the reckless course of the abolitionists. We must meet them at theii' very threshhold and scourge them back to their caverns of darkness. They have made the issue and it is for us to meet and repelthem." 1 1 ^vas now determined to excite the populace, to intl uence the noted rabble of the Border, until they are lit and willing for an}^ AS'ork of barbarism. The Emigrant Aid Societiea Avere represented as gathering the paupers of the great eastern 1854] FREE 8TATE EMIGRATION. 121 cities and hiring them to come out to Kansas to disturb the institutions of iMissouri, to make it a free State in defiance ot law and order. The press was filled with stories'of fugitive .slaves being run off from other States by abohtionists, meet- ings were held at the various towns in the lirst two tiers of counties, at which the most inflammatory speeches were made. • The first of these, held at Weston, adopted the following r&s- iiliition : " Resploed, That this association will, whenever called upon hv any of the citizens of Kansas Territory, hold itself in readiness together to assist and remove any and all emigrants, who go there under the auspices of the Emigrant Aid So- cieties."" At another meeting assembled at Liberty, Clay County, the following preface and resolutions were passed : " Therefore, we, the citizens of Clay County, believing self- preservation to be the first law of nature, and learning that organizations have been effected in the Northern States for the purpose of colonizing the Territory of Kansas witli such fanatical ])ersons as composed the recent disgracefid ]nob in the city of Boston, where a United States officer, for simply attempting to obtain justice for a Southern citizen, was shot down in the streets ; and learning, too, that these organiza- tions have fbr their object the colonization of said Territ(n'y with ' eastern and foreign paupers,' with a view of excluding citizens of slave-holding States, and especially citizens of Missouri, from settling there with their property; and, fur- ther, to establish a trunk of the under-ground railroad, con- necting with the same line, where thousands of our slaves shall be stolen from us, in thwarting their attempts upon our rights, we do '' Resolve, That Kansas ought of right to be a slave State, and we pledge ourselves to co-operate with the citizens ot Jackson County, and the South generally, in any .measure to acc(^m]>lish such ends." Other meetings held at variou:? places adopted about the same resolutions. 122 IIISTOnY OF KANSAS TEUrvITORY. The Platte Argus havino- advertised S20() reward lor tlu- detection and seizure of Eli Thayer, President of tlie New England Emigrant Aid Society, the Democratic Platform, in noticing it, says : " We hope that the individual may he loniid and meet with just such a course of trcatnienl as one of his st)rt deserves — hanging! !" The same paper, in speaking of A. (xuthrie, who had writ- ten some letters to the East encouraging emigration, renuiriv,, " We would hate to sec an American hung without the hen- elit of clergy or jury. T>ut is there not some way fo piinisli this traitor? Is droirmng too good i\)v ifuu ■.■■"" In the latter part of July the Platte County Sell-Defensive Association was formed at Weston, witli Gen. 13. F. String- fellow as Secretary. Its constitution contained a preamble and nine articles, the substance of Avhich was: All free negroes must be expelled from the country. Xo traliic between whites and slaves was to be permitted. No slaves were to be permitted to liirc their owji time. The Association was to try and punish all abolitionists. That wo hereby mutually pledge ourselves, our honor and purses to ])riiig to an mirnediatt! ])unishnu'nt any person gnilt}'. 'I'hat we appoint six presidents, and wlu'revei- any person is found his case shall be relerred te announced that the emigrants have come, and with my own hand hcl)i hang <»very one of tliem on the first tree.'' General Stringfellow having been called n}ton lo express himself, denounced all who labor for their daily l)read as slaves and prostitutes. It is justice to remark that lie after- wards denied making such assertions.* Gen. B. F. Stringfellow is a Virginian by birth, and a law- yer by profession. He is a man of more tluin ordinar}' abil- ity, an<] w^ith the exception of the part he took in the Kan- sas troubles, has always been noted as a high-toned gentleman and an excellent citizen. In 1840 he joined in law partner- shi]) with Col. P. T. Abell, at Weston, Mo., between whom '•'The following are the sentiments set forth by General Stringfellow, as certified to by seventeen respectable citizcn^i : All wiio labor fur ilioir daily bread and arc de|>endeut on their labor for subsistence are .slaves ! All females wlio labor for their daily bread arc'whores ! and have been .vy from the days of Abraham, lie further remarked in this immediate cotinectioii. tliat sl\ould Kansas uonie in as a fi-ee State, he would leave this State : he would not allow his daughters and sens to associate with them ; he would go where his color was re- spected and where he could bring up his sous honorable men and his daughters virtu- ')us women- 124 HISTORY OF XAX8AR TERRITOEY. ever Hiuee has exii^ted the do.sest fVieiully and business relation. During the Kansas troubles the General continued to reside ta Weston, taking an active and lively interest in the atlairs of tlie Territory. After the Slavery issue was abandoned in 1857, he meditated moving to Memphis, Tenn., and visitedthat city with that end in view. But from some cause, insteu^ arton's Store Osawkie Herding's Penseno Leavenworth Shawnee Agency. 46 235 40 140 e» 105 597 1(5 9 9 2.'57 ■M m 130 207 232 49 Total I I 2258 248 305 20 15 S o c- ^' ._, M o o H 1-4 300 300 261 :55 47 47 161 30 82 30 105 25 604 20 16 16 40 40 37 37 245 7 41 41 71 71 1.53 103 306 100 312 150 62 62 2833 1114 226 'W .52 80 584 238 60 200 162 1729 1854.] INAUGURATION OF GOVllRNMENT. 137 but little need of this iutermeddling ou the part of Mis- souri to elect a pro-slavery man. The free state men disor- o-anized, scattered over a vast territory, divided in reference to the clioice of Delegate, not regarding the question of sla- very at stake, iudifi'erent as to the result, would likely have been beaten without votes from Missouri. Had the election been on the issue of slavery, the result would have been doubtful ; but most probable, as the Missourians feared, in favor of Mr. Wakefield. Although Mr. "Whit- tield dextrously avoided making slavery an issue in his can- vass, his election was immediately heralded by his friends as a victory achieved in the interest of slavery. Such were the first practical exemplifications of Popular Sovereignty. A doctrine incubated by General Cass in 1848, it was afterw^ards attired in such a beautiful and at- tractive garb as to charm the nation. But its success on the field of practice was prevented by its own friends and itself rendered ridiculous before the world. In the meanwhile Justices of the Peace were appointed in various localities, before whom difi:erences could be ad- justed, criminals arraigned and bound over to the higher court. About the first of January the Territory was divided into three Judicial Districts and a Justice assigned to each. Hon. Samuel D. Lccompte had jurisdiction over the north- eastern portion ; Hon. Rush Elmore the south-eastern, and Hon. S. W. Johnson the remaining portion of the Territory. Preliminary courts were to be held on the first of March, and the regular term to begin in April. 138 HISTORY OF KANSAS TERRITORY. CHAPTER XIII. ELECTING TERRITORIAL LEGISLATURE. This winter proved a remarkably mild and pleasant one which greatly favored the new settlers. They continued their improvements uninterrupted by cold. In order to make a proper apportionment of representa- tion, preparatory to calling an election, the Governor caused the census to be taken in the Territory during January and Februar}^ This work was undertaken without any pu])lic announcement of the fact, which highly" incensed the peo- ple of the Border. Had such knowledge been imparted to them it was their design to cross over and be enumerated. In this, they were disappointed and the census returns were sent in as accurate as could be mider the circumstances. — From them it appears there were 5,128 males, 3,383 females, 2,805 voters and 3,469 minors in the Territory at that time. From the same report we learn that there were 408 of tor- eign birth, 7,161 natives of the United States, 151 negroes and 192 slaves, making a total population of 8,601 souls. The following anecdote is obtained from Mr. Phillip's " Conquest of Kansas : '' " As a census taker approached a log cabin some three miles from Atchison, a woman Avith violent gesticulations and loud voice came running across the prairie; 'Are you the man that takes the censum "r" ' Yes, Ma'm ; What do (1) In many places pro-slavery men would prepare a list of those living in Missouri and endeavor by threats to have the census-taker insert them, 1855.] ELECTION OP LEGISLATORS. 139 you want?' 'Why, ride to Atchison just as quick as you can and take the censum ; there are two men in my house with my husband ; they are expecting you, and they are to get you talking and detain you while one rides to Atchi- son to tell them that you are coming, so that the people from Missouri can come over and get in the censum. So ride there quick and m^' husband wont kuoAv that you have come along.' He passed on to Atchison and took the cen- sus." For months the Missourians and pro-slavery men had been railing at Gov. Reeder for not calling an election for members of the Territorial Legislature. They charged him him with being in league with the "Abolition Societies'' of the East and with deferring the election, that they might carr}' it by the vast influx of imported voters in the spring. They threatened to depose him by assassination, or petition his removal. Others desired to elect a new Governor at the coming election and solicit his appointment by the President. Unheeding their outcries and menaces, he per- severingly labored for the good of the Territory. What need was there for such haste in electing a Legislature? — Peace and quiet prevailed throughout the Territory, and courts were established where all differences • could be ad- justed. Had Mr. Reeder designed to favor the free state party by delaying the election, he certainly w'ould have fixed it a little later in the season, as eastern emigration could not reach here before the last of April. He really fa- vored the Missourians whose spring emigration could arrive in March by appointing the election to be held at the time he did. Five days after the census returns were perfected,' the Governor issued his proclamation for an election of mem- bers to the Council and House of the Territorial Legisla- ture, to take place on the* 30th of March. The free state men determined to be more organized this (1) March 8th. 140 . HISTORY OF KANSAS TEREITORY. time, aucl make a manful contest at the polls. There was no disguising the fact that slavery was the real issue in this election. The Free State part};- was organized, speakers appointed to canvass the country and awaken the people to the importance of the interests at stake; primary conven- tions were held and candidates nominated, in short all the paraphernalia of a political campaign was exhibited. Every one telt that the destinies of the State were to be decided. But the earnest and peaceful effort of these isolated free- men were doomed to meet a crushing opposition. The peo- ple of the Border no longer concealed tbeir intention to come over and vote. The pro-slaver}^ newspapers in Kan- sas invited and urged them to come. False and inflamma- tory rumors were circulated through all Western Missouri concerning vast "hordes of paupers and abolitionists" be- ing carried to Kansas on every boat b}^ the Emigrant Aid Societies in order to control the election. The secret soci- eties were put into requisition and every arrangement and provisions made for the conquest of Kansas unto Slavery. At a pro-slavery mass meeting in Platte City i^ovember 5th, 1855, Hon. D. H. Atchison addressed the people, and among other things said : "We must and will make Kansas a Slave State, jjeaceably if we can, and at the point of the bayonet if we must." Rev. Leander Kerr, who read a poem and an address de- nouncing the free state settlers in Kansas, said : "Go then (to Kansas) as men, as patriots, as Christians, and do your duty to yourselves, your country and your God." Gen. B. F. Stringfellow, to remove all scruples of legality in the conduct of Missourians going over to vote, delivered the following argument upon it : "If the very day of his returning is not fixed, if he is un- certain, he is in strictest law a 'resident' and an 'inhabi- tant.' 1855.] ELECTION OF LEGISLATORS. 141 "By the Kaiisus act every man in the Territory on the (hiy of election is a loyal voter, if he has not iixed a day for his return to some other home. "Every man has a right to go to Kansas for such ))ur- poses as he pleases. "The presence of a voter is all the proof of residence he is required to give. If present it is necessary to show he has not a right to vote." As these invasions and stnfting of the Imllot-hox hy the Missourians have no precedent in the history of our country, and so strikingly exemi)lify the doctrine of Popular Sover- eignty, which repealed the Missouri restriction on the plea of injustice and uncoTistitutionality, a full account of the second invasion is here inserted from the report of tlie com- mittee appointed by Congress to investigate it. "By an organized movement vv^hich extended from An- drew County in the north to Jas]»er County in the south, and as far eastward as Boone and Cole Counties, Missouri, companies of men were arranged in irregular parties and sent iiito every council district in the Territory, and into every reyresentaiive district hut one. The members were so distrib- uted as to control the election in eacli district. They went to vote, and with an avowed design to make Kansas a Slave State. They were generally armed and equipped, carried with them their own provisions and tents, and so marched into the Territory. The details of this invasion from the mass of testimony taken by your committee are so volumi- nous that we can here state but the leading facts elicited. FIRST DISTRICT LAWRENCE. "The company of persons who marched into this district were collected in Ray, Carrol, Howard, Boone, LaFayette, Kandolph, Macon, Clay, Jackson, Saline and Cass Counties in the State of Missouri. Their expenses were paid; those who could not come, contributing provisions, wagons, &c. Provisions were deposited for those who were expected to come to Lawrence, in the house of William Lykins, and Avere distributed among the INIissourians after they arrived there. The evening before, and tlie morning of the day of 16 142 HISTORY OF KANSAS TERRITORY. the eleetiou, about 1,000 men from the above named coun- ties arrived and camped in a ravine a sbort distance from town, near the place of voting. They came in wagons (of which there were over 100), and on horse-back, under the command of Colonel Samuel Young, of Boone County, Missouri, and of Clairborn F, Jackson, of Missouri. They were armed with guns, pistols, bowie knives, and had tents, music and flags with them. They brought with them two pieces of artillery loaded with musket balls. On their way to Lawrence some of them met Mr. N. B. Blanton, who had been appointed one of the judges of the election by Gov- ernor Reeder, and, after learning from him that he consid- ered it his duty to demand an onth from them as to their place of residence, lirst attempted to bribe him, and then threatened him with hanging, in order to induce him to dispense with that oath. In consequence of these threats he did not appear at tlie polls the next morning to act as judge. " The evening before the election the Missourians were called together before the tent of Clairborn F. Jackson, and speeches were made to them by Colonel Young and others, calling for volunteers to go to other districts where there were not Missourians enough to control the election, as there were more at Lawrence than were needed there. Many volunteered to go, and on the morning of the elec- tion several companies, from 150 to 200 each, went off to Tecumseh, Hickory Point, Bloomington and several other places. On the morning of the election the Missourians came to the place of voting from their camp in bodies of 100 at a time. Mr. Blanton not appearing another judge Avas appointed in his place. Colonel Young claiming that as the people of the Territory had two judges it was noth- ing more than right that the Missourians should have the other one to look after their interests; and Robert A. Cum- mings was elected in Blanton's stead, because he considered every man had a right to vote if he had been in the Terri- tory but one hour. " When the voting commenced the question of legality of a vote of a iSIr. Page was raised. Before it was decided Colonel Samuel Young stepped up to the window where the votes were received and said he would settle the matter. The vote of Mr. Page was withdrawn and Colonel Young 1855,] ELECTION OF LEGISLATORS. 143 offered to vote. He rel'ased to take the oath in'escribed by the Governor, but sAvore he was a resident of the Territory, upon which liis vote was received. He told !Mr. Abbot, one of the judges, when asked if he intended to make Kansas his future home, that it was none of his business ; that if he were a resident then, he sliould ask no more. After his vote was received he got up on the window-sill and an- nounced to the crowd tliat he had been permitted to vote, and they sliould all come up and vote. He told the judges that there was no use in swearing the others, as they would all swear {js he had done. After the other judges had con- cluded to receive Colonel Young's vote, Mr. Abbot resigned as judge of the election, aiid Mr. Benjamin was elected in his place. " The polls were so much crowded until late in the even- ing, that for a time when men had voted they were obliged to get out l)y being hoisted upon the roof of the building where the election was being held, and pass out over the house. Afterwards, a passage v>'ay through the cro^^'d was made by two lines of men being formed, through which the voters could get up to the polls. Colonel Young asked that the old men be allowed to go up first and vote, as they were tired with the traveling and wanted to get back to cam}). '- The Missourians sometimes came up to the polls in pro- cession two and two and voted. " During the day the Missourians drove off the ground some of the citizens — Mr. Stearns, Mr. Bond and Mr. Wil- lis. They threatened to shoot Mr, Bond, and a crowd rushed after him, threatening him ; and as he ran from them some shots were fired at him as he jumped off the bank of the river and made his escape. The citizens of the town went over in a body late in the afternoon, vvdien the polls had 1)0- come comparatively clear, and voted. " They said they came to tlie Territory to elect a Legisla- ture to suit themselves, as the people of the Territory and persons from the East and the North Avanted to elect a Leg- islature that would not suit them. They said they had a right to make Kansas a slave State, because the people ot the Xorth had sent persons out to make it a free State, Some claimed that they had heard that the Emigrant Aid Society had sent men out to be at the election, and the}' came to offset their votes ; 1)ut the most of them made no 144 HISTORY OF KANSAS TERRITORY. .such claim. Colonel Young said that he wanted the citi- zens to vote, in order to give the election some show of fair- ness. The IVIissourians said there would l)e no dithculty if the citizens did not interfere with their voting ; but they were determined to vote peaceably if they could, but vote anyhow. They said each one of them was prepared tor eight rounds without loading and woukl go the ninth round with the butcher knife. Some of them said that by voting they w^ould deprive themselves of the right to vote in Mis- souri for twelve months afterwards. The Missourians began to leave the afternoon of tlie election, though some did not go home until next mornmg. In many cases when a wagon load had voted they immediately started for home. On their way home they said that if Governor lieeder did not sanction their election they Avould hang him. " The citizens of the town of Lawrence as a general thing were not armed on the day of election, though some had revolvers, but not exposed as were the arms of the Mis- sourians. They kept a guard about the town the night after the election, in consequence of the threats of the Mis- sourians, in order to protect it. SECOND DISTRICT BLOOMINGTON. On the morning of the election, the judges appointed by the (Tovernor appeared and opened the polls. Their names were Harrison Burson, ^Nathaniel Ramsey, and Mr. Ellison. The Missourians began to come in early in the morning, some 500 or 600 of them in wagons and carriages, and on horseback, under the lead of Samuel J. Jones, then post- master at Westport, Missouri; Claiborne F. Jackson and Mr. Steeley, of ludependence, Alissouri. They were armed witli (loul)le-l)arreled guns, rifles, bowie-knives and pistols, and had ilags hoisted. They lield a sort of an informal elec- tion olf at one side, at Urst for Governor of Kansas Terri- tory, and shortly afterwards announced Thomas Johnston, of fc^hawnee Mission, elected Governor. The poUs had been opened but a short time, when Mr. Johnson marched with the crowd up to the window and demanded that they be allowed to vote, without swearing as to their residence. — After some noisy and threatening talk, Claiborne F. Jack- son addressed tlie crowd, saving that they had come there to vote ; that they had a riglit to vote if they had been there 1855.] ELECTION OF LEGISLATORS. 145 l)ut live minutes, and he was not willing to go home with- out voting-; which was received with cheers. Jackson, then called upon them to form into little bauds of fifteen or tAventy, which they did, and weut to au ox wagon filled with guns, which were distributed among them, and pro- ceeded to load some of them on the ground. In pursuance of Jackson's request, they tied white tape or ribbons in their button-holes, so as to distinguish them from the ''abo- litionists." They again demanded that the judges should resign, and upon their refusing to do so, smashed in the windows, sash and all, and presented their guns and pistols to them, threatening to shoot them. Some one on the out- side cried out to them not to shoot as there were pro-slavery men in the house. During this time the crowd repeatedly demanded to be allowed to vote without being sworn, and Mr. Ellison, one of the judges, expressed himself willing, Imt the other two judges refused ; tliereupon a body of men headed by Sherifi:' Jones, rushed into the judges' room with cocked pistols and drawn bowie-kniv'es in their hands, and approached Burson and Ramsey. Jones pulled out his watch and said he would give them five minutes to resign in, or die. When the five minutes had expired and the judges did not resign, Jones said he would give them an- other minute and no more. Ellison told his associates if they did not resign there v\'ould be one hundred shots fired in the room in less than fifteen minutes, and then snatching up the ballot-box ran out into the crowd, holding up the ballot-box and liurrahing for Missouri. About that time Burson and Ramsey were called Out by their friends, and not suftcred to return. As Mr. Burson went out he put the ballot poll books in his pocket, and took them Avith him, and as he was going out Jones snatched some papers away from him, and shortly afterwards came out himself holding them up, crying " Hurrah for Missouri ! " After he discov- ered they were not the poll-books, he took a party of men with him and started oft' to take the poll-books from Bur- son. When Mr. Burson saw them coming he gave the books to Mr. ^linberger and told him to start ofl'in another direction, so as to mislead Jones and his party. Jones and his party caught Mr. Minberger, took the poll-books away from him, and Jones took him up behind him on a horse and carried him back a prisoner. After Jones and his party had taken Minberger back, they went to the house of Mr. 146 HISTORY OF KANSAS TERRITORY. Kamsey and took Judge John A. Wakefield prisoner, and carried him to the place of election and made him get up on a wagon and make a speech ; after which they put a white ribbon in his button-hole and let him go. They then chose two new judges and proceeded Avith the election. — They also threatened to kill the judges if they did not re- ceive their votes without swearing them, or else resign. — They said no man should vote who would submit to 1)0 sworn ; that they w^ould kill any man who would offer to do so; "Shoot him;" " cut his guts out," &g. They said no man should vote this day unless he voted an open ticket, and was all right on the goose ; and if they could not vote by fair means, they would by foul. Tliey said they had as much right to vote if they had been in the Territory two minutes as if they had been in the territory two years, and they would vote. Some of the citizens who were about the window^ when the crowd of Missourians marched up there, upon attempting to vote were driven back by the mob, or driven off. One of them Mr. J. M. Mace, was asked if he would take the oath ; and upon his replying tliat he would if the judges required it, he was dragged through the crowd away from the polls, amid cries of "kill the damned nigger thief," " cut his throat," " tear his heart out," &c. After they got him to the outside of the crowd, they stood around him with cocked revolvers and drawn l)Owie-knives, one man putting a knife to his breast so that it touched liim ; another holdi]]g a cocked pistol to his ear, while another struck at him with a club. The Missourians said they had a right to vote, if they had been in the Terri- tory but five minutes. Some said they had been hired to come there and vote, and got a dollar a day, and by God tliey would vote or die there. SIXTEENTH DISTRICT. " For some time previous to the election, meetings were held and arrangements made in Missouri to get up compa- nies to come over to the Territory and vote ; and the day l)efore, and the day of the election, large bodies of Missou- rians from Platte, Clay, Ray, Carrol, Clinton and Sjilinc Counties, Missouri, came into this district and camped there. They were armed with pistols, bowie knives, and some with guns and rifles, and had badges of hemp in their button-holes and elsewhere about their persons. On the 1855.] ELECTION OP LEGISLATORS. 147 nioriiing of the election there were from 1,000 to 1,400 per- sons on the gronnd. Previons to the election the Missonrians endeavored to persuade the two free state judges to resign, by making threats of personal violence to them ; one of whom resigned on the morning of the election, and the crowd chose another to fill his place. But one of the judges — the free state judge — would take the oath pre- scribed by the Governor, the other two deciding they had no right to swear any one who offered to vote, but that all on the ground Avere entitled to vote. The only Azotes re- fused Avere some DelaAvare Indians, some thirty Wyandolt Indians being alloAved to A^ote. One of the free state can- didates withdrew in consequence of the presence of the ]Missourians, amid cheering and acclamation by the mob. During the day the steamboat jSTew Lucy came doAvn from ^V'eston, jSIissouri, with a large number of Missonrians on ])oard, Avho A'oted, and then returned on the boat. The Missonrians gave as a reason for thus coming over to A'ote, that the ISTorth had tried to force emigration into the Terri- tory, and they Avanted to counteract that moA'ement. Some of the candidates, and many of the Missonrians, took the ground that, under the Kansas-jSTebraska act, all Avho Avere on the ground on the day of election Avere entitled to A^ote, and others, that laying out a toAvn and taking a lot, or driA'- ing down stakes, CA^en on another man's claim, gave them a right to A'ote, and one of the members of the Council, I\. H. Rees, declared in his testimony that he avIio should put a different construction upon the law must be either a knaA^e or a fool. The free state men generally did not A'ote at that election, and no ncAAdy arriA^ed emigrants Avere there. EIGHTEENTH DISTRICT. " Previous to the election, General David E. Atchison, of Platte City, Missouri, got a company of Missonrians, and, passing through Weston, Missouri, Avent over into the Ter- ritory. He remained all night at the house of Arnett Groams, and there exhibited his arms, of Avhich he had an abundance. He proceeded to the iTemaha or 18th district. On his way he and his party attended a nominating conven- tion in the 14th district, and proposed, and caused to be nominated a set of candiates in opposition to the wishes of the pro-slavery residents of the district. At that conven- 148 HISTORY OF KANSAS TERRITORY. tion he said that there were;l,100 coming over from Platte County, and if that wasn't enongh they woukl bring- 5,000 more; that they came to vote and would vote, or kill every G — d d — d abolitionist in the Tc^rito^3^ " On the day of election the Missourians under Atchison, who were encamped there, came up to the polls in the 18tli district and voted, taking the oath that they were residents of the district. The Missourians were all armed with pis- tols and bowie knives, and said there were sixty in their company. But seventeen of the votes given there were given by citizens of the district. The whole number of votes was sixty-two. li. L. Kirk, one of the candidates, came into the district from Missonri about a week before the election and boarded there. He left after the election, and was not at the time a legal resident of the district in which he was elected. iSTo protest was sent to the Governor on account of threats made against any who should dare t(j contest the election. " The following table embodies the result of the examin- ation of your committee in regard to this district. In some of the districts it was impossible to ascertain the precise number of legal votes cast, and especially in the 14tli, 15th and 16th districts. In such cases the number of legid and illegal votes cast is stated after a careful re-examination ot all the testimony and records concerning the election. TAKEN FROM THE ABSTRACT OF THE ELECTION RETURNS OF THE 3Uth of march. PLACE OF VOTING. Lawrence Bloomington Stinson's Dr. Charman's.'... Bull Creek Pottawattamie Big Sugar Creek.— Little Sugar Creek Ft. Scott Isaac B. Titus' Council Grove, Pawnee Big Blue Rock Creek a EC >■ O tc a _g U2 o o (O c3 Pa Pm Cfi 781 318 253 12 n :',m 4 2 78 377 liM 74 o 65 17 7 315 211 17 2.^ 27 2 70 35 23 17 5'' 42 2i 1034 341 372 80 38(5 564 98 104 351) 37 75 C9 23 232 30 32 15 13 75 32 104 100 25 37 75 48 23 802 310 338 65 38) 191 69 By Census, 369 199 101 47 442 550 253 209 53 39 .•',6 63 962 519 282 177 1407 812 118 83 86 161 1855.] ELECTION OF LEGISLATORS. 149 TAKEN FROM THE ABSTRACT OF THE ELECTION RETURNS OF THE 30th of MARCn-Cox\CLUDED. o be o M "3 o H By Census. PLACE OF VOTING. a 6 24 ....„„. 96 ■■■334' "■■^iis" 385 50 28 u 328 4 12 ?,\:\ 67 2ofi 412 8!l!) 4:i 48 6427 328 il 239 34(1 78 306 417 964 59 62 7 11 33 12 ■■200" ■■■■go" 150 59 17 321 36 7 ]!) fi 80 15 o 2 144 Hickory Point 230 "530" "337" 814 284 Doniphon Wolf Creek 8 fi 48 5 5 li67 Havs 873 Iicaven worth 60 16 14 7Sl 1183 Green Spring 150 Moorestown- 45 99 Total 89 6307 1410 4908 2905 8601 These extracts Jiftbrcl a fair sample of border invasion. At many of the other precincts it was equally as bad. Thus we see an army of almost 5,000 men, fully equipped, marched into the Territory under the leadership of the dis- tinguished men of Missouri — Hon. David R. Atchison, United States Senator and ex officio Vice President, Hon. M. J. Oliver, likewise Senator, and afterwards a member of the Investigating Committee, Ity whom these facts were elicited, Hon. Claiborn F. Jackson, afterwards Governor of Missouri, and many others of like stamp, for the avowed pur- pose of controiing the election; and the only justification they could offer for their conduct was that they had hearti. the Emigrant Aid Societies were going to ship in voters. The invasion of Kansas was a popular movement in West- ern Missouri, participated in by all classes of society. AVith the exception of a few leaders, who were doubtless behind the curtain, most of them acted sincerel}' and conscientiously, believing that the measures thus adopted were called out and fully justified by the action of the Emigrant Aid Socie- ties. Old men and young men, the robust and infirm, the 17 X 150 HISTORY OF KANSAS TERRITORY. conscientious and reckless, the educated and illiterate, all joined heartily in this movement to make Kansas a slave State. "The only persons emigrated into the Territory under the auspices of this company in 1855, prior to the election in March, were a party of one hundred and sixty-nine persons, who came under the charge of Dr. Charles Robinson. " In this party there were sixty-seven women and children, They came as actual settlers, intending to make their homes in the Territory, and for no other purpose. They had about their persons but little baggage, usually sufficient clothing in a carpet sack for a short time. Their personal eifects, such as clothing, furniture, &c., were put into trunks and boxes, and for convenience in selecting and cheapness in transporting, were marked, ' Kansas party baggage ; in care of B. Slater, St. Louis.' Generall}^ this was consigned as freight, in the ordinary Avay, to a commission merchant. This party had, in addition to the usual allowance of one hundred pounds to each passenger, a large quantity of bag- gage on which the respective owner paid the usual extra freight. Each passenger or party paid his or their own ex- penses, and the only benefit they derived from this society, not shared by all the people of the Territory, was the reduc- tion of about seven dollars in the price of fare, the conve- nience of traveling in a company instead of alone, and the cheapness and facility of transporting their freight through regular agents, Subsecpiently many emigrants, being either disappointed with the country, or its political condition, or deceived by stateiiients made in newspapers, and by agents of the society, became dissatisfied and returned, both before and after the election, to their old homes. Most of them are now settlers in the Territory. Some few voted at the election in Lawrence, but the number was small. The names of these emigrants have been ascertained, and thirty- seven of them are found on the poll books. This company of peaceful emigrants, moving with their household goods, was distorted into an invading horde of pauper abolitionists, who were, with those of a similar character, to control the domestic institutions of the Territory, and then overrun those of the neighboring State. •' The entire emigration in March, 1855, is estimated at 1855.] ELECTION OF LEGISLATORS. 151 live buiiclred persons. They came on steamboats up tlio Missouri River in the ordinary course of emigration. Many returned for causes similar to those before stated, but the body of them are now residents. The only persons of those who were connected by proof with the election, were some who voted at the Big Blue precinct, in the 16th District, and at Pawnee, in tlie 9th District." The time of holding the election was not known to the first emigrant party until they reached St. Louis. Although the free state men had determined to make every honest eifort to secure Kansas from the curse of sla- very at the ballot box, still, on the day of the election, seeing that there was no hope in attempting to compete with all Missouri, they in many instances gave up the struggle, and did not vote at all, their candidates withdrawing from the unfair contest. Of the 2,905 names of legal voters in the census table, only 831 were found on the poll books. Had the election been a fair one, in which every legal vo- ter among the actual settlers, and none others, had partici- pated, it would have rosuhed in the election of seven mem- bers of the Council in tavor of making Kansas a free State, three opposed to it and three doul)tful. Under like circum- stances the House would have been composed of fourteen free state members, seven slave state and seven doubtful ones. The City Attorney of St. Joseph, in giving his testimony before the Investigating Committee, in reference to the mo- tive of the Missourians in coming over and voting, said : " It is my intention, and the intention of a great many other Missourians now resident in Missouri, whenever the slavery issue is to be determined upon l:)y the people of this Territory- in the adoption of the State Constitution, to re- move to this Territory in time to acquire the right to be- come legal voters upon that question. The leading purpose of our intended removal to the Territory, is to determine the domestic institutions of this Territory when it becomes a State, and we would not come but for that purpose, and 152 HISTORY OF KANSAS TERRITORY. would never think of coming here but for that purpose.^ I beheve there are a great many in Missouri who are so situ- ated." It was plainly the duty of Governor Reeder to have set aside this election as fraudulent and irregular. The Organic Act empowered him so to do ; he was fully aware of the enormous frauds perpetrated ; the free state men urged the subject upon him, pledging him protection and support. Such a step on the part of Governor Eeeder would have thwarted the efforts of the Missourians to force a government upon the people of Kansas, and might have averted the tierce conflict which ensued. But the members of the Legislature thus elected imme- diately demanded of Mr. Reeder certificates of election, as required by the Organic Act, threatening him with assassi- nation in case of refusal. With pistols cocked and pointed at his breast, he examined the election returns, and pain- fully witnessed the evidences of fraud. He hesitated and wavered ; he scarcely knew what to do. As he hesitated he was more sorely pressed ; as he wavered danger was more thickly menaced. He fiiltered, gave way, issued the certificates, and thus, so far as he could, legalized the elec- tion. It was a sad misstep, and grew out of the want of sufficient fearless and undaunted firmness. But few protests against the election frauds reached Mr. Reeder before he issued the certificates, the people being re- mote and ignorant, in many instances, of the proper remedy, or intimidated by the threats of pro-slavery men. Without deciding upon his power to cast aside elections for illegality or fraud, thus going behind the returns, he set aside the election in six districts on account of informalities in the re- turns, and ordered a new election in the same. The pro-slavery men were highly incensed at Mr. Reeder in daring thus far to question the legality of their proceed- ings. They held their meetings, and decided not to pay 1855.] ELECTION OP LEGISLATOES. 153 any attention to the newly ordered election in every district except at Leavenworth. They declared that the Governor had no right to decide npon the legality of an election, hnt was hound to issue certificates according to the election re- turns. The contested election came off on the 22d of May, and free state men were elected unanimously, except at Leaven- worth, where about five hundred Missourians came over an4 " played their old game." 154 HISTORY OF KANSAS TERRITORY. CHAPTER XIV. THE CONSEQUENCE. The free state men keenly felt the outrages committed upon them by the people of Missouri. The whole Xorth was deeply moved and incensed at these glaring acts of in- justice and oppression. All felt the danger and weakness of these isolated emigrants thus over-ridden in Kansas. All began to understand the desperate, reckless character of the men who led and composed these invaders. The de- signs and plans of slavery propagandists in subduing Kan- sas and planting slavery there at every hazard, began to be discernable. Dark and ominous clouds, foreboding a burst- ing storm, began to lower over the beautiful fields of this Territory. All felt that a storm was gathering and dreaded the bursting of that storm. The free state men demeaned themselves under such in- dignities and acts of violence with the forbearance of chris- tians and the coolness of patriots. They believed in a just God that would rectify their wrongs and looked to the gen- eral Government as His appointed deliverance. They could not but hope that the United States would extend its strong- arm of protection over the infant Territory from the op- pression of a neighboring State for which they most filially petitioned Congress. They could not believe that those who had so eloquently declaimed against intervention in the afiairs of a Territory by Congress, would be the first to ex- cuse and apologize for like conduct on the part of a State. 1855.] THE CONSEQUENCE. 155 Thus feelina:, believing and hoping, they determined to suf- fer and wait in patience. The people of the Border were jubihint over their tri- umph. The pro-slavery newspapers went into ecstacies on receiving the news. The Platte Argus declared '•• it must he admitted that they — the Missouriaus — have conquered Kansas. Our advice is let them hold it or die in the at- tempt." The Squatter Sovereign resounds, " Out with the GUN ! 'We have met the enemy and they are ours !' We HAVE achieved A GLORIOUS VICTORY." Meetings of congrat- ulations were held in various Border counties, at which the })erpetrators of these outrages were complimented for their patriotic achievements. In all these newspaper announcements, in all the public meetings, called by the news of the election, an exhortation Avas made " not to let the good work stop but carry it on until every abolitionist (alias free state men) was extermin- ated from the Territory. Many means could be devised whereby these unbearable nuisances could 1)6 removed ; but the most effectual method that occurs to our mind is to in- flict instant punishment upon the offender. We are not^ except in extreme cases, an admirer of Judge Lynch's code of practice, nor of self-constituted powers, but under the circumstances we opine the organization of a Vigilance Committee throughout the Territory, for the protection of slave property, would not only be a judicious policy but one fully justifiable in the premises. As a first step the town of Lawrence should be rid of its pestiferous inhabitants." Thus sustained by the press and public sentiment, the mobatic spirit knew no bounds. Mr. Reeder, who went to Washington soon after the election, was threatened with lynching if he returned to the Territory. A convention was accordingly called by the people of Platte County, Mis- souri, to be held at Leavenworth on the 28th of May, for the purpose of taking into consideration the question of de- posing Governor Reeder and electing a new Governor. 156 HISTORY OF KANSAS TERRITORY. This movement was doubtless designed to intimidate Mr. Iveeder and hasten his resignation ; at least the convention never met. From this time dates the mobatic reign of ter- ror in nortli-west Missouri and in Kansas. On the 14th of April the mob collected in Parkville and destroyed the printing press of the " Industrial Luminary." They first paraded it in the streets with a white cap drawn over its head, then carried it to the Missouri River and threw the press into its waters. It was their intention to tar and feather Messrs. Park and Patterson, the editors, but the former was absent and the latter was saved from their fury by the aflectionate interposition of his wife. This paper supported Mr. Benton and opposed Mr. Atchison and his friends, by whicli it had incurred their displeasure. After the election in Kansas Territory, it mildly condemned the course of the Missourians. The followers of Atchison, perhaps, inspired by their chief, decreed its destruction, and were not long in carrying out their purposes. After having accomplished their work, they passed resolutions requesting th-* two editors to leave the country under severe penalties in case of refusal. They also forbade all ministers of the ^vTorthern branch of the Methodist church from preaching in that vicinity. In a few days afterwards meetings held at Liberty and Weston endorsed the action of the mob at Parkville, and extended the resolution in reference to Methodist preachers to all ministers from free States, or those who were not known to be friendly to slavery. They resolved that " every person who shall in any manner speak or publish doctrines or sentiments calculated to bring reproach upon the institu- tion of negro slavery, ' shall be expelled from the country.' " In accordance with the above resolutions, several pious, de- voted and talented ministers of the Grospel were compelled to leave the State on account of their opinions. On the last day of April, at a squatter meeting in Leaven- worth, an altercation took place between a Mr. Clark and a 1855.] THE CONSEQUENCE. 157 Mr. McCrea, which resulted in the hitter's shooting the for- mer in self-defense. As one of these was pro nnd the other a.nti-slaverj, it awakened party excitement and furnished grounds for further acts of violence. McCrea was pursued, tired upon and wounded — was taken to the fort prisoner, where he was retained a long time — finally escaped and went to Texas. At a meeting assembled on the evening fbllowing this homicide, a committee was appointed to wait upon a young attorney, William Phillips, Esq., to notify him to leave the Territory. They accused him of being ac- cessory to the murder of Clark, and of having perjured him- self in swearing to a protest against the election held there on the 30th ultimo. The same crowd assembled on the following Thursday, which was but an adjourned meeting of the former. The committee appointed to wait upon Mr. Phillips reported that he had left agreeable to the notice given, and was dis- charged. A vigilance committee of thirty members was then appointed " to watch and observe all persons producing disturbances to the quiet of our citizens," with authority to ex- pel the same from the Territory. This meeting " was elo- ([uently addressed'' by the Chief Justice of the Territory. The Vigilance Committee, on learning in the afternoon that Mr. Phillips was in town, proceeded immediately to his house. On his declaring to them that he would not leave the Territory, they took him to Weston, shaved one side of his head, tarred and feathered him, rode him on a rail through the streets, and finally had him sold at auction by a negro. At a meeting held in Leavenworth a fevv" days afterwards, of which a prominent member of the Legislature elect was president, the following resolutions were adopted : "1st. That we heartily endorse the action of the com- mittee ot citizens, that shaved, tarred and feathered, and rode on a rail and luid sold by a negro, William PhiUips, the moral perjurer. 18 158 HISTORY OF KANSAS TERRITORY. " 2d. That v*^e return our thanks to the committee for faithfully performing the trust enjoined upon them by the pro-slavery party. "3d. That the committee be now discharged. " 4th. That we severely condemn those pretended pro- slavery men who, from mercenary motives, are now calling upon the pro-slavery party to submit without farther ac- tion. " 5th. That in order to secure peace and harmony to the community we now solemnly declare that the pro-slavery party stand firmly by and carry out the resolutions reported by the committee appointed for that purpose on the ' mem- orable SOth: " The wonderfal difference between the two conflicting ele- ments in the Territory at that time is remarkable. The pro-slavery men, impetuous, aggressive and overbearing, sought by all possible means to embroil the opposite party into difficulties. The free state men, cool, prudent and sa- gacious, " as harmless as doves and as wise as serpents," acted entirely upon the defensive, and avoided, as much as possible, all troubles. The former were blustering and mer- cenary, the latter quiet and unobtrusive. The former claimed as their right the very thing which had been re- ferred to the decision of the ballot-box ; the latter only claimed the right which their Government guaranteed them of assisting to give shape to that decision. The one was wild with excitement, blinded by prejudice, rough and pro- fane, supported by the adjoining State, strong in numbers and wealth. The other quiet, intelligent, refined and devo- tional, were far removed from friends, liable to be crushed at any moment by the furious and threatening Ruffians of the Border. The press of one sent forth slang, vitupera- tion, misrepresentation and inflammatory appeals, fit fuel for civil war ; that of the other denounced all acts of violence, and appealed to men's better natures to abstaiafrom engen- dering strife. 1855.] TERRITORIAL LEGISLATURE. 159 CHAPTER XV. FIRST TERRITORIAL LEGISLATURE. Gov. Reeder having issued a proclamation for convening the Legislature at Pawnee, started for the East. While there he visited "Washington and had protracted interviews with the President, in which he set before the Executive the true state of affairs as they had transpired in the Territory and the course which he had pursued. The President seemingly sanctioning Mr. Reeder's official conduct, told him, however, that heavy pressures were being made for his removal, and that there w^as great personal danger attending his return to the Territory from the ill feeling of pro-slavery men on the Border. The President, thereupon, advised him to resign; as an inducement to such a step, ofleredhim another appoint- ment. Mr. Reeder refused to resign his position on the grounds that it would be dishonorable for him, for the sake of personal safety, to abandon the people of the Territorj^ in their present perilous and unhappy condition. The Presi- dent then proposed that Mr. Reeder should make out a de- tailed account of the transactions in the Territory and set forth his official conduct and views in regard to Kansas mat- ters, and he would assume the responsibility to remove Mr. Reeder on the plea that it was necessary in order to allay pub- lic excitement in Kansas and on the Border; at the same time 160 HISTORY OF KANSAS TERRITORY. he would fully exonerate the Governor from the charge of being instrumental in producing that excitement, and express his approbation of Mr. Reeder's conduct and views. To this proposition Mr. Reeder assented — providing that they could agree upon the terms of the correspondence. He accordingly prepared a statement of events and his official action in regard to them, with the reasons which controlled him and his gen- eral views upon Kansas troubles, and submitted the paper to the President. After various modifications they could not succeed in reaching an agreement in regard to its character. Failing in this arrangement, there was nothing left but for each to accept the revSponsibilities of his own acts. The President then remarked " Well, I shall not remove you on account of your ofScial action ; if I remove you at all, it will be on account of your speculations in the lands of the Territory;" but said '^ he thought that all these matters might be arranged in such a manner as to promote his private inte- rests if he would voluntarily vacate his office." Mr. Reeder feeling himself insulted at the proposition, indignantly turned from the President and left him in silent contempt. lie im- mediately repaired to the Territory where he arrived on the 24th of June. Shortly after his return he was violently assaulted at Leavenworth by Gen B. F. Stringfeliow, and while his attention was turned in another direction, was knocked down by this pugilist. The Legishiture elected by the people of Missouri, many of whom were then residents of that State, convened at Pawnee on tlie 2^d day of July. Caucuses of the pro-slavery members had been held the day previous (Sunday), and their mode of proceedure determined. Secretary Woodson called the bodies to order and presided over them until temporarily or- ganized. Judge Johnson administered the oath of office to the members. Thomas Johnston was elected President of the Council and Dr. J. H. Stringfeliow Speaker of the House. Both branches of the Legislature proceeded immediately to purge themselves of free state members. The free soilers of- 1855.] TERRITORIAL LEGISLATURE. 161 fcred their protest against such actions on the part of the House, but in vain. From the committee on credentials, ]\Ir. Mathiaa reported " that the Governor of the Territory of Kansas had not the exclusive power to prescribe the manner and form by which the first election for the first Territorial Legislative Assembly of the said Territory of Kansas should be conducted and passed uj^on ; but that a fair construction of the 22d section of the said Organic Act leads them — nay drives a majority of your said committee, to the conclusion that no particular form of the oath which the judges of said election took was necessary, and that no particular form of the return of the said election by the said judges was necessary in order to legalize the said election; but that such oaths and such returns as are usual forjudges of election in the several States to take, perform and return, is all that the Organic Act re- quires. And a majority of your committee believe and are of the opinion that from the original papers filed in the office of the Secretarj' cf the Territory, and of other papers and evidence which were before them, that the oaths and returns and all other acts, taken, done and performed by the judges appointed by his excellency, A. H. Reeder, Governor of the Territory of Kansas, to hold and conduct the election for members of the first Territorial Assembl}^, were in the usual form, at all events as eiFectual and as legal and binding as if the said oaths and returns had been in the form prescribed by the Governor in his proclamation, verbatim et literatim." Mr. Houston of the same committee oflered a minority re- port den3^ing the right of the House of Representatives to go behind the certificates of election from the Governor, held by the members, and determine^the legality of the grounds upon which they had been issued ; that the mere fact of a mem- ber holding such a certificate was a sufficient guarantee that he was entitled to his seat in that body. He said : " To assume the contrary proposition is to assert that this legislative body exists before it can have a legal existence. Whatever latitude maybe taken in State legislation with ref- 162 HISTORY OF KANSAS TERRITORY. erence to contested elections, they can form no precedent for us, for the plain reason that Avhile government is formed and complete, ours is in a forming state, and therefore incomplete. " In regard to the right of the Governor to order a new election, the organizing object to be accomplished, the inten- tion of Congress which pervades the bill, together with the express language of the bill, declaring that when a vacancy shall otherwise occur he shall call a new election — make it perfectly clear that he possessed the right to order a new elec- tion, and compelled him to do so. Hence the members hold- ing certificates by virtue of that election, have a clear right to their seats in this House." John Hutchinson, Esq., made a logical and eloquent speech of two hours' length against the majority report of the com- mittee. Thereupon the Speaker, Dr. Stringfellow, remarked that " though the House had no objections to indulging the members in free speech, it might, perhaps, shorten their re- marks in some degree if they knew that their speeches would not change a single vote." The members to be ousted by the report of the majority offered the following protest : "We, the undersigned members of the House of Repre- sentatives of Kansas Territory, believing the Organic Act or- ganizing said Territory gives this House no power to oust any member from this House who has received a certificate of election from the Governor ; that this House can not go be- hind an election called by the Governor, and consider any claims based on a prior election. We would, therefore, pro- test against such a proceeding, and ask this protest to be spread upon the journal of this House. " John Hutchingson, "William Jessee, " Augustus Wattles, "E.D.Todd." On motion the majority report of the committee was adopted with only one dissenting voice, and the members elected at the March election took their seats, and those elect- 1855.] TEKRITORIAL LEGISLATURE. 163 ed in May were expelled, except those from Leavenworth, who retained their seats ; as at this precinct pro-slavery men took part in the new election and re-elected the same candi- dates Avho were successful at the general election. In the Council, on motion of Judge Wakefield, the Com- mittee on Credentials was instructed to call upon the Gov- ernor for the testimony on which he had set aside the election of the 30th of March, 1855, in the 2d and 3d Council Dis- tricts. The chairman, Mr. Coffey, accordingly called upon the Governor and received affidavits setting forth the manner in which the Missourians had unlawfully invaded the polls and elected the members of the Legislature instead of the actual settlers. Judge Wakefield then took the poll books and called the attention of Mr. Coffey to the names of some well known citizens in Westport, and asked him if he knew those gentlemen. On his replying that he did, the Judge asked him what he thought ot their coming over to Kansas to elect members of the Legislature. " Perfectly right, perfectly right," he responded, " Missouri has as good a right to vote as Massachusetts." On the 4th of July the Committee on Credentials reported in flivor of excluding Messrs. Wakefield and Wood, and ad- mitting in their stead those elected at the first election. M. F. Conway had j)reviously sent in his resignation. The ex- pelled members then presented the following protest : " We, the undersigned, members of the first Legislature of the Territory of Kansas, from the 2d and 3d Council Dis- tricts, elected on the 22d of May, 1855, agreeable to the Gov- ernor's proclamation to fill vacancies in said districts, wherein the people on the 30th of March, 1855, were deprived of' the right of choosing members from those districts, by force of arms. " We respectfully ask leave to enter our solemn protest against being denied our seats in this Assembly, for the fol- lowing reasons : " 1st. We are the choice of the people of said districts. 164 HISTORY OF KANSAS TERRITORY. " 2d. The Governor has declared us duly elected. " 3d. He is the only officer that the Organic Act of Con- gress gives the power to investigate elections and declare who are legall}^ elected members, until election laws are passed by the Legislature, taking this power from the Governor. "We maintain that his certificates entitle us to seats in this Legislature." There was not a single free state man left now in the Le- gislature, except Mr. S. D. Houston. He, in consequence of the flagrant acts of both bodies, subsequently resigned. On the second day after the meeting of the Legislature a bill was passed locating the seat of government temporarily at Shawnee Manual Labor School. Within three days the Governor returus it with his veto and objections. They then passed it over his veto and adjourned to the above named place. The Governor based his argument against this ac- tion of the Legislature on the grounds that the Organic Act vested in him the right to fix the temporary seat of govern- ment, and that the Legislature only had power to locate it permanently. The design of Mr. Reeder in calling the Legislature to- gether away out at Pawnee was to remove it from the influ- ence of the Border. The people there had solicited it, had went to considerable pains to prepare accommodations for the members, and had expected it. The ground upon which the Legislature predicated its action in changing the place of its sitting was, that the hotel and hall accommodations were insufficient. But these were said by free state men to be am- ple ; that every convenience and arrangement were made for -their comfort. According to adjournment the Legislature convened at Shawnee Mission on the 16th of July. Here they entered upon the laborious task of enacting laws for Kansas. But they greatly facilitated this work by adopting transcripts of the Missouri code. All general laws passed were of this 1855.] TERRITORIAL LEGISLATURE. 165 character. They were enacted by a short explanatory clause of the terms contained in them. Thus " State " was made to mean "Territory;" "County Court," "Board of Com- missioners," and " Circuit Court," " District Court." If they had attempted to pass new laws it would have consumed all their time in reading tlTem; for the book containing their acts is a large octavo of more than one thousand pages. With the exception of some oppressive laws of their own manufact ure they enacted the best code of laws the Territory or State ever enjoyed. One of the most remarkable features about these le2:islative enactments was that all officers in the Territory', legislative, executive and judicial, were to be appointed by the Legisla- ture, or by some officer that had been appointed by it. These appointments were to continue until after the general election in October, 1857. There was to be no regular session of the Legislature in 1856, but the members of the House were to be elected in the fall of that year, and there was to be a general election the following year. The new Legislature was not to meet until the first Monday in January, 1858. Thus, indeed, the enslavement of the people of Kansas was com- plete. They could have no control over the legislative, ex- ecutive or judicial affairs of the Territory until by the natural progress of population the government thus inaugurated by their oppressors should be superseded by that of a State gov- ernment. Every attorney admitted to practice in the courts, every ofB.cer elected or appointed in the Territory, every can- didate to be eligible for the election in 1856 to the House of Representatives, must swear to support the Fugitive Slave Law. There were two classes of persons excluded from the elective franchise, who were entitled to it under the Organic Act ; those who could not swear to support the Fugitive Slave law and foreigners who had only declared their inten- tions to become citizens. All others, though they had not been in the Territory one hour and intended to return the next, provided they had paid one dollar tax to the sheriff 19 166 HISTORY OP KANSAS TERRITORY. who was required to be at the polls to receive it, were entitled to vote. All jurors should be selected by the sheriff, and no person conscienciously opposed to slavery could sit as jurors in a trial pertaining to slaves. They enacted laws punishing offenses against slave property and persons decoying slaves from their masters which would have disgraced the darkest age and outstripped the cruelest despotism. A copy of these is subjoined to the next chapter. §oon after the removal of the Legislature from Paw^nee^ several bills were sent to the Governor for his approval. — But he returned them stating that he could not yield his assent to any of their enactments as he no longer regarded them as a legal body. Being solicitous about the legality of their proceedings they referred them to the Supreme Court, then sitting at that place. The validity of several laws passed by the Legisla- islature were submitted to its decision, and a majority of the judges agreed to entertain the question. It is entirely irreg- ular and extra-judicial for courts to pass judgement upon a law before any case comes before them under that law. But the Supreme Court of Kansas Territory Avas so eager to de- clare an opinion upon the laws of the Bogus Legislature, that they entertain them abstractly considered, and find them founded in the principles of Justice. In a lengthy document, they sustain the Legislature in their course of action and highly compliment their talents and character. It is proper to remark tjiat one of the members of the judicial bench, S. W. Johnson refused to have anything to do Avith the matter thus brought before them. The members of the Legislature emboldened by this de- cision, proceeded to memorialize the President for the re- moval of JSlr. Reeder. They charged him wnth fraudulent land speculations, a want of interest in the affairs of the Ter- ritory, of being allied with the Abolitionists, and treating the the Legislature of the Territory with contempt. They dis- 1855.] TERRITORIAL LEGISLATURE, 167 patched a messenger to carry this memorial to AVashingtoii. But before ho reached his destination, the Administration had already detei'mined upon the removal of Mr. Keeder, who was officially notilied to that eliect. 168 HISTORY OF KANSAS TERRITORY. CHAPTER XVI. CAUSES OF REEDER's REMOVAL CONSIDERED. The causes alleged for the removal of Governor Reeder were " speculating in town lots, convening the Legislature on a United States military reserve, and of speculating in Kaw lands." But the real cause was that he had not been obsequious to slave propagandists. The eastern boundary of Fort Riley, as made by the sur- vey in the summer of 1854, was on One Mile Creek, one mile east of the fort. Below this, for several miles, stretched a beautiful valley, upon which the officers of the fort, in imitation of their superiors at Fort Leavenworth, to- gether with several free state men, proposed to build a town. They laid it out and called it Pawnee, after the Indian tribe that once owned the lands. It was considered by those at that time, that such a movement, if successful, would be a great advantage to the fort and surrounding country, by calling- settlers there. Colonel Montgomery, the commander of the post, was the leader in the enterprise. The town was laid out with the knowledge and consent of the authorities at Washington, in the fall of 1851. Such was the condition of affairs there when GoA'eruor Reeder took a share in the town by paying the usual prices. He having determined to have the Legislature meet there, the inhabitants had erected several hotels for the accommo- dation of the members. 1855.] CAUSES OF keeder's eemoval. 169 Jeff. Davis, on receiving complaints from Missouri, cause d another military commission to make a snrvey, which again reported One Mile Creek as the Eastern boundary of the reserve. A map of this survey was prepared and sent to the Department, with red lines showing where the bounda- ries would be to exclude Pawnee, and blue lines showing where they would be to include Pawnee. The Secretary of Yv"ar, seeing the town still excluded, took a pen, drew a red line around it, and wrote on it, " Accepted within the red lines," took it to the President and secured his signature to it. He then issued orders for the removal of the inhabi- tants from that part of the reserve. This order remained a dead letter until the fall of 1855, when Major Cook arrived at Fort Riley, with one thousand dragoons, from Texas. He, upon seeing the order, immediately, but politely, in- formed the inhabitants that they must eifect their removal or he would be compelled, mth reluctance, to do it for them. Most of the townsmen complied with this requisition, but a few persisted in remaining. After being repeatedly warned to remove, their houses were finally assailed by the soldiers, torn down, and the inmates left exposed to the inclement blasts of winter. Such, indeed, is the history of the ill-fated Pawnee, the first capital of Kansas. Such was the town referred to in the charge against Mr. Reeder " in speculating in town lots," and such the military reserve where he called the Leg- islature to meet. At Leavenworth the town was laid oif and settled contrary to the most sacred treaties, but all such irregular proceedings were " winked at," because the lead- ing property holders were pro-slavery men. The half-breed Kaw lands extended along the north side of the river from Lecompton n, short distance above Topeka, twenty -three miles in length and one in width. The owners of these lands could not sell them without the sanction of the general Government. A company, of which Governor Keeder was one, made arrangements to buy a portion of 170 HISTORY OF KANSAS TERRITORY. tliis laud at ^4.00 per acre whenever the President's consent should be obtained. As this was never secured the whole thing failed. This was the half-breed Kaw land sj^eculation for which Mr. Reeder was removed. The Delaware land, immediately adjoining these, was sold soon after for only $1.50 per acre. So it seems the " speculation " would not have proven very lucrative if the purchase liad been made. The conduct of Mr. Reeder in Kansas is beautiful and praiseworthy. He shaped his actions by principle and not by the influence of party. Indeed, he knew no party in the performance of his duty, and has been truly styled " the great non-committal." He acted and stood by himself be- cause all others acted from political motives and looked to party triumph. With his eyes intently fixed upon the great and equitable principle of Popular Sovereignty, with ears deaf to contumely and applause, he labored only to see his principles impartially carried out. The consequen ce was he had few warm and substantial friends among eith er party. The free state men only admired him for many things, while the pro-slavery men despised him, not be- cause he did not act in accordance with the principles of Squatter Sovereignty, but because he would not act as they wished him. His position w^as a trying one upon principle. A devoted Democrat himself, holding his office at the pleasure of a Democratic administration, surrounded by political friends who received him with outstretched arms, he had every inliuence to bend him from the convic- tions of duty ; whereas there was little to gain in favoring free state men who in those days were held in the most ab- ject contempt. But one act stains his administration, and that is his issuing certificates of election to the ]\Iissouri members of the Legislature. One might suppose from the frequent accusations of spec- ulation in lands that he was mercenary. While it can not be denied that, like Pennsylvanians in general, he liked a "good turn,-' yet his pecuniary transactions in the terri- 1855.] CAUSES OF eeeder's removal. 171 toiy were the most equitable and honest. lie never owned but httle real estate in Kansas. Let the people of this Territory cherish the memory of its first Governor, who in the days of its weakness and trials was " faithful among the faithless found." Let as- piring young men imitate his adherence to principle, and posterity will award them their just meed of praise. Although the members of the Legislature were willing to petition Mr. Reeders removal for alleged land speculations, they did not deem it unbecoming in themselves to indulge in worse transactions. According to their enactment that empowered the Legislature toTappoint officers in the Terri- tory, they proceeded to create offices and elected their own members to fill them, unmindful of their constituency in Missouri. Li this way W. P. Richardson was made Major- General, and W. G. Stickler, Wm. Barber and Captain Sut- ler, Brigadier-Generals of the Territorial Militia. In the same manner pro-slavery Sherifis, Constables, Judges, and Justices of the'Peace were constituted. They created joint stock companies with extraordinary privileges, chartered prospective railroads, all the advantages of which charters and corporate franchises were chiefly conferred upon them- selves. They located the capital at Lecompton, where a large sum of public money was to be expended. But the advantages shared by the members of the Legislature in this speculation were never fully known. Such conduct as this by the members of this quasi-Legis- lature was very reprehensible in the eyes of their Missouri constituents. Many of the latter, who had spent time and money to carry the election, justly regarded themselves en- titled to a part of the profits, and expressed great dissatis- faction at this speculative and official monopoly of the Leg- islature. On the removal of Mr. Reeder, the Governorship was tendered to Hon. John L. Dawson, of Pennsylvania, who declined it. Hon. Wilson Shannon, of Ohio, was then ap- 172 HISTORY OF KANSAS TERRITORY. pointed Governor and accepted the position. He was born February 24th, 1802, in Behnont County, Ohio, and re^ mained at home while a boy, assisting his mother in ob- taining a livehhood. At the age of sixteen he entered Athens College, where he remained a year ; thence he was removed to Transylvania University, at Lexington, Ken- tucky, where he remained two years. He then settled in St. Clairsville and began the study of law. In 1832 Mr. Shannon Vv^as nominated by the Democratic party for Congress, and although he ran ahead of his ticket at home and in a strong Federal county, he was defeated by a few votes in the district. In 1833 he was nominated for Prosecuting Attorney, and was elected by 1,100 majority, and in 1835 re-elected without opposition. In 1838 he was nominated by the Democratic party for Governor of Ohio, and elected by about 6.000 votes over Mr. Vance, a strong- man of the Federal party. The same party again nomi- nated him in 1840 for Governor, but he was defeated at the election by Mr. Corwin by about 16,000 votes ; but in 1842, receiving the nomination the third time, he was elected over the same competitor by nearly 3,500 majority. In 1844 he favored the nomination of General Cass for the Presidency and received his appointment as Minister to Mexico. Re- signing his position as Governor of Ohio, he entered npqn his arduous mission and performed his work with credit and honor. By the middle of the year the relations be- tween Mexico and the United States became very critical, all intercourse having been suspended and Mr. Shannon unable to efl'ect anything more with the Government, asked and obtained permission to return home, which he did, and engaged in his profession. In 1852 he was elected to rep- resent his district in Congress, and was consequently there during the Kansas-l^ebraska contest in which he voted for the repeal of the Missouri Compromise. After Mr. Shannon resigned as Governor of Kansas, he settled at Lawrence, to which place he moved his family, 1855.] CAUSES OF REEDER's REMOVAL. 173 and where he still resides, engaged in the practice of law, respected and esteemed by all the citizens. The followins^ are the enactments of the Shawnee Lep-is- lature to punish offenses against slave property : '■'■Be it enacted by the Gooernor and Legislative Assembly of the Territory of Kansas, as follows : " Sec. 1. That every person, bond or free, who shall be convicted of actually raising a rebellion or insurrection of slaves, free negroes or mulattoes, in this Territory shall suf- fer death. " Sec. 2. Every free person who shall aid or assist in any rebellion or insurrection of slaves, free negroes or mulattoes, or shall furnish arms or do any overt act in furtherance of such rebellion or insurrection, shall suffer death. "Sec. 3. If any free person shall, by speaking, writing or printing, advise, persuade or induce, any slaves to rebel, con- spire against or murder any citizen of this Territory, or shall bring into, print, write, publish or circulate, or shall cause to be brought into, printed, written, published or cir- culated, or shall knowingly aid or assist in the bringing into, printing, writing, publishing or circulating in this Territory, any paper, book, magazine, pamphlet or circular, for the l)urpose of exciting insurrection, rebellion, revolt or conspir- acy on the part of the slaves, free negroes or mulattoes, against the citizens of the Territory, or any part of them, such person shall be guilty of felony and suffer death. "Sec. 4. If any person shall entice, decoy or carry away out of this Territory any slave belonging to another, with intent to deprive the owner thereof of the services of such slave, or with intent to eftect or procure the freedom of such slave, he shall be adjudged guilty of grand larceny, and, on conviction thereof, shall suffer death, or be imprisoned at hard labor for not less than ten years. " Sec. 5. K any person shall aid or assist in enticing, decoy- ing or persuading, or carrying away, or sending out of this Territor}', any slave belonging to another, with intent to procure or effect the freedom of such slave, or with intent to depriA'e the owner thereof, shall suffer death, or be im- prisoned at hard labor for not less than ten years. % I" Sec. 6. If any person shall entice, decoy or carry away out of any State or Territory of the United States, any slave 20 174 HllSTURY OF KANSAS TERRITOKY. beloui^iiig to another, with intent to procure or eit'ect the freedom of such shive, or to deprive the owner thereof of the t^erviees of such slave, and shall bring such slave into this Territory, he shall be adjudged guilty of grand larceny, in the same manner as if such slave had been enticed, decoyed or carried away out of this Territory, and in such case the larceny may be charged to have been committed in any county of this Territory, into or through which such slave fihall have been brought by such person, and, on conviction thereof, tlie person offending shall suffer death, or be im- prisoned at liard labor for not less than ten years. " Sec. 7. If any person shall entice, persuade or induce any slave to escape from the service of his master, or owner, in this Territory, or shall aid or assist any slave in escaping from the service of his master, or owner, or shall aid, assist, harbor or conceal, any slave who may have escaped from the service of his master, or owner, he shall be deemed guilty of felony, and punished by imprisonment at hard labor for a term of not less than five years. "Sec. 8. If any person in this Territory shall aid or assist, harbor or conceal, an}^ slave who has escaped from the ser- vice of his master, or owner, in another State or Territory, such person shall be punished in like manner as if such slave had escaped from the service of his master or owner in this Territory. "Sec. 9. If any person shall resist any otiicer while at- tempting to arrest any slave who may have escaped froni the service of his master, or owner, or shall rescue such slave when in custody of any oflicer, or other person, or shall en- tice, persuade, aid or assist, such slave to escape from the custody of any officer, or other person who may have such slave in custody, whether such slave shall have escaped from the service of his master, or owner, in this Territory, or in au}- other State or Territory, the person so offending shall be guilty of felony, and punished by imprisonment at hard la- bor for a term of not less than two years. "Sec. 10. li' any nnirshal, sheriff, or constable, or the deputy of any such officer, shall, when required by any per- son, refuse to aid or assist in the arrest and capture of any slave that may have escaped from his master or owner, whether such slave shall have escaped from his master in this Territory, or any State or other Territory, such officer 1855.] (uusES OF reeder's removal. 175 shall be iinod in ii sum not le^.^ than one hnndrcMl nor more than live hundred dollars. "•Sec. 11. It" any person })rint, write, introduce into, or circu- late, or cause to be l)rought into, written, printed or circulated, or shall knowingly aid or assist in bringing- into, printing, ))ublishing or circulating within this Territory, any book, paper, pamphlet, maga/ino, handbill or circular, containing any statements, arguments, opinions, «entimeut, doctrine, advice, or inuendo, calculated to produce disorderly, dan- gerous or rebellious disaifection among the slaves of the Territory, or to induce such slaves to escape from the ser- vice of their masters, or to resist their authority, he shall be guilty of felony, and be punished by imprisonment at hard labor for a term of not less than five years. " Sec. 12. If any free person, by speaking or writing, as- sert or maintain that persons have not the right to hold slaves in this Territory, print, publish, write, circulate, or cause to be introduced into the Territory, written, printed, published, and circulated in this Territory, aux book, paper, magazine, pamphlet, oi' circular, containing any denial of the right of persons to hold slaves in this Territory, such person shall be deemed guilty ot felony, and punished by imprisonment at hard labor for a term of not less than five years. " Sec. 18. No person who is conscientiously opposed to holding slaves, or v.dio does not admit the right to hold slaves in this Territory, shall sit as a juror on the trial of any prosecution for any violation of any of the sections of this act. "This act to take effect and be in force from and after the 15th day of September, A. D. 1855. "J. H. Stringfellow, Speaker of the House. '• Attest, J. M. Lyle, Clerk. ''TiioM.'is Johnson, President of the ('ouncil. "Attest, J. A. TIalderman, Clerk."" i "AN ACT TO PUNISH PERSONS DECOYING SLAVES FROM THEIR MAS- TERS. " Be it enacted bjj the Gorenwr and Legislative Assembly of Kansas Territory : " Sec. 1. If any person shall entice, decoy, or carry away out of this Territorv, anv slave belonsrino- to another, with 176 HISTORY OF KANSAS TERRITORY. intent to deprive the owner thereof of the services of such slave, or with intent to eft'ect or procure the freedom of such slave, he shall be adjudged guilty of grand larceny, and on conviction thereof shall suiier death. "Sec. 2. If any person shall aid or assist in enticing, de- coying, or persuaduig, or carry out of any State or Terri- tory, any slave belonging to another, with intent to effect or procure the freedom of such slave, he shall be adjudged guilty of grand larceny, and on conviction thereof suffer death. " Sec. 3. If any person shall entice, decoy, or carry away, out of any State or Territory of the United States, any slave belonging to another, with intent to procure or effect the freedom of such slave, or to deprive the owner thereof of the services of such slave, and shall bring such slave into this Territory, he shall be adjudged guilty of grand larceny, in the same manner as if such slave had been en- ticed, decoyed, or carried away out of this Territory; and in such case the larceny may be charged to have been com- mitted in any county of this Territory, into or through which such slave shall have been brought by such person, and on conviction thereof the person offending shall suffer death." 1855.] FREE STATE MOVEMENTS. 177 CHAPTER XVII. FREE STATE MOVEMENTS. Never in the history of the world, even in those days when might made right, were there such bare-faced and audacious acts of civil oppression inflicted upon a community as those we have just recited. By the enactments of a Legislature elected b}' invaders, the condition of the people of this Ter- ritory Avas far worse than that of our revolutionary fathers. This Legislature had every thing in its power, and had pro- vided for its own perpetuity in the cpialifications of its elec- tors. It appointed the State and county officers, levied taxes and gagged the mouths of freemen and a free press, that a Avord might not be said against " the sum of all villainies." They had earnestly besought the General Government for protection. They had humbly entreated the President of the United States to issue a proclamation denouncing the conduct of the invaders, and calling upon all good citizens of Missouri and other States to discountenance and disown their acts ; to urge upon the United States officers in the Territory — sixteen in number — to disfavor and oppose such proceedings. The effisct ot such a proclamation from the Chief Executive would have been wonderful. But how did he answer their entreaties ? He proceeded to remove the only friend they had among the I'ederal appointees, and for the simple reason that he was their friend, inasmuch as he sought to protect their rights as freemen. 178 HISTORY OF KANSAS TERRITORY. While these unparalleled outrages were being committed upon the people of Kansas, they proved themselves equal to the trials and responsibilities of the hour. "While the c4ouds of oppression hovered over them the fires of liberty were kindled. The spirit of '76 descended and imbued them with prudence and courage. While J ustice had gone to sleep in the gathering darkness, Resistance to Tyranny was abroad in the land. Despairing of any interposition of the general Govern- ment to drive back their oppressors, and protect them in the enjoyment of their rights, they began to cast about to see what course was best to pursue. As early as the 8th of June a meeting of the citizens was held at Lawrence, agreeable to the call of "• sundry citizens" " to take into consideration matters of general interest pertaining to the Territory." This convention issued a call, in^ating the representative dis- tricts in the Territory to send five delegates each to a con- vention, to be held in the same place, on the 25th of June, " to take into consideration the relation of the people of this Territory to the Legislature about to convene at Pawnee." This convention assembled at the time and place designated, and organized by electing Judge J. A. Wakefield chairman. They resolved to discard all minor differences, and make freedom in Kansas the only issue ; that they have a right to regulate their own domestic affairs, and, by the help of God, will do it ; that they are not bound to observe any law passed by the Legislature about to assemble ; that to the threats of war made by the neighboring State of Missouri, they respond, "We are ready." ; "that a free state Central Committee be appointed, and tliat each election district be entitled to one member, and each election district having two councilmen shall be entitled to two members." On the 27th of June, the "^National Democracy" assem- bled at Lawrence, of which Colonel James H. Lane was made chaiaman. This convention seems to have been com- posed of life-long Democrats, Avho had not yet fully broken 1855.] FREE STATE MOVEMENTS. 179 loose troiii the entanglements of party. They resolved that " the best interests of Kansas require an early organization of the Democratic party upon truly national ground;" that they fully endorse the Democratic platform of 1852 ; that they kindly request citizens of adjoining States to let them alone ; that they can not permit the " purity of the bal- lot box to be polluted by outsiders, or illegal voting from any quarter." The Committee on Resolutions was E. Chapman, C. W. Babcock, Dr. James Garvin, J. IS. Emery and Hugh Cameron. A meeting of the expelled free state members of the Leg- islature, and other citizens, was held at Lawrence on the 11th of July, of which Judge John A. Wakefield was chairman. Addresses were made by Messrs. G. W. Smith, John Hutch- ingston, John O. P. Wood, Rev. M. Nute, Dr. C. Robinson C. Stearns and Wm. Jessie. Most of the speakers favored rec- ommending to the people to call a constitutional conven- tion, frame a constitution and apply at the next Congress for admission into the Union. Dr. W^ood opposed this, but urged an organization to be made to defend the ballot box. This convention called a mass meeting of the free state citi- zens of the Territory of Kansas, at Lawrence, on the second Tuesday in August, " to take into consideration the situa- tion of the Territory in reference to its government." The first general mass convention assembled at Lawrence on the 14th of August, and continued in session two days. Hon. Philip C. Schuyler was made president, with several vice-presidents. Dr. Robinson, chairman of the committee on resolutions, reported a series of resolves, which called forth a lengthy and animated discussion. By these resolu- tions the convention denounced the Legislature then in ses- sion at Shawnee Mission, as having its origin in fraud and "■derogatory to the integrity and respectability of the Fed- eral authority;" that they repudiate its authority and pledge themselves to resist its enactments ; that they favor a con- vention to form a State Constitution preparatory to admis- sion into the Union. 180 HISTORY OP KANSAS TERRITORY. There were some in the convention with whom it was hard to let go from the coat tail of the Federal administra- tion. They opposed anything that reflected unfavorably upon it. Though they denounced the Missouri outrages at the March election, they were adverse to coming in conflict with the Government thus inaugurated. Foremost among these was Colonel James H. Lane, who declared " Frank Pierce would give his right arm to-day to insure freedom in this Territory." " That he would prefer to see Kansas a free State in preference to seeing it a slave vState." Others favored more radical measures than these, such as recommending military organizations for self-protection and open resistance to the laws of the Shawnee Legislature. This convention was the first meeting of the conflicting elements of old parties, such as Whig, Democratic and Ab- olition, seeking to harmonise upon some plan of action to rid themselves of the oppression thrust upon them by Mis- souri, and for making Kansas a free State. It is not to be wondered at, then, that there was a difi^erence of views and policies in such a heterogeneous body. It seemed during the first day that the convention would result only in driv- ing free state men farther from each other and the interest of freedom lost in the weakness and folly of dissension. The intervening night between the two days that the con- vention was in session, acted as a wonderful sedative ui3on its members. The little group of freemen — all patriots, all opposed to oppression and in favor of making Kansas a free State, but honestly differing in regard to the best means to employ in eflecting their object — were brought together by a free, frank and conversational interchange of opinions. Heart spoke to heart, and eye to eye, until one common feeling pervaded every breast. The radicals receded some and the conservatives advanced, until all met in harmonious unanimity. The following day the convention proceeded with its de- liberations in the most pacific manner. The resolutions. 1855.] FREE STATE MOVEMENTS. 181 after undergoing some amendments, the most ultra expres- sions having been stricken out, were unanimously adopted. It was resolved, also, to solicit the Territorial Central Com- mittee, which had previously taken action upon the sub- ject, to call a " Free State Convention of five delegates to each Representative from'the several Representative Dis- tricts, to be elected on the 25th day of August, to meet in convention at Big Springs on the 5th day of September next, for the purpose of taking such action as the exigency of the times may demand." In the meantime agreeable to a call published about a week* previous, signed "Many Citizens," " to take into con- sideration the propriety of calling a Territorial Convention preliminary to the formation of a State Government and other subjects of interest," a convention of the citizens of Kansas Territory, iiTespective of party, met on the afternoon of the 15th of August. Dr. A. Hunting was elected pres- ident. Mr. G. W. Smith, chairman of the committee on business, reported a resolution calling a convention of three delegates for each Representative from the several Repre- sentative Districts in Kansas, to meet at Topeka on the 19th of September, " then and there to consider and determine upon all subjects of public interest, and iiarticidarly upon that having reference to the speed}^ formation of a State Constitution with an intention of an immediate application to be admitted as a State into the Union of the United States of America." This was really the starting point in fixing the capital at Topeka. It was brought about through the influence of Mr. C. K. Holliday in the committee of busi- ness, Mr. G, W. Smith voting with him and Dr. C. Robin- son in favor of Lawrence. A Ratification Convention was held that evening, at which the president, Mr. C. K. Holliday, declared, " There *Somo say that this call was made on the day prevrious, and the circumstances would seem to indicate that such was the case, 21 182 HISTORY OP KANSAS TERRITORY. is not a. dissatisfied mind in all this usaemblv with the result uf the recent deliberations." The Territorial Delegate Convention -wliich organized the Free State Party, assembled at Big Springs at the desig- nated time. Judge G. W. Smith waschoseu permanent cl/air- man. It very full}' represented the Territory, consisting of npwards of one hundred members. Five committees of thirteen members each were appointed whose duties were as follows: " 1st. To report aplatfovni for the consideration of the convention ; 2d. To take into consideration the propri- ety of a State organization ; 3d. To consider the duty of the people as regards the proceedings of the late Legisla- ture; 4th. To devise action on the coming Congressional election ; 5th. On miscellaneous business." The following report, submitted by Colonel Lane from the committee on platform, was adopted : ''Whereas, The Free State Party of the Territory of .Kansas, about to originate an organization for concert of political action, in electing our own officers and moulding our institutions ; And Yf hereas, It is expedient and neces- sary that a platform of principles be adopted and pro- claimed to make known the character of our organization, and to test the qualifications of candidates and the fidelity of our members ; And Whereas, We find ourselves in an unparalleled and critical condition — deprived by superior force of the rights guaranteed by the Declaration of Inde- pendence, the Constitution of the United States, and the Kansas Bill ; And Whereas, The great and overshadowing question, whether Kansas shall ]}ecome a free or a slave State, must inevitably absorb all other issues, except those inseparably connected with it; And Whereas, The crisis demands the concert and harmonious action of all those who from principal or interest, prefer free labor to slave labor, as well as of those who value the preservation ot the Union and the guarantees of republican institutions by the Constitution, therefore ''Resolved, That setting aside all the minor issues of par- tisan politics, it is incumbent upon us to profier an organi- zation calculated to recover our dearest rights, and into I 1855.] FREE STATK MOVEMENTS. 18o ■svliicli Democrats and Whig-s, Dative and naturalized citi- zens, may freely enter without any sacrifice of their respec- tive poUtical creeds, but without forcing them as a test upon others. xi.nd that when we shall have achieved our politi- cal freedom, vindicated our riglits of self-government and become an independent State of the Union, when these is- sues may hecome vital as they are now dormant, it will be time enough to divide our organization by these tests, the importance of which we fully recognize in their appropri- ate sphere. " Resolved,, That we will oppose and resist all non-resident voters at our polls, whether from Missouri or elsewhere, as a gross violation of our rights, and a virtual disfranchise- ment of our citizens. '■' Rcsolvetl , That our true interests, socially, morally and ])ecnniarily, require tliat Kansas should he ixj'ree State; that free labor will best promote the liappiness, the rapid popu- lation, the prosperity and the wealth of our people; that slave labor is a curse to the master and the community, if not to the slave ; that our country is unsuited to it, and that Ave will devote our energies as a party to exclude the insti- tution, and to secure for Kansas the constitution <■■? n i'vro State. • " Resolved, That the best intererts of Kausa^ rcipni e m pup- ulation of free white men, and that in the State organization we are in favor of stringent laws excluding all negroes, bond or free, from the Territory ; that nevertheless such measures shall not be regarded as a test of party orthodox_y. " Resolved^ That the stale and ridiculous charge of aboli- tionism, so industriously imputed to the Free State Party, and so persistently' adhered to, in spite of all the evidence to the contrary, is without a shadow of truth to support it, and that it is not more appropriate to ourselves than it is to our opponents, who use it as a term of reproach, to bring odium upon us, pretending to believe in its truth, and hoping to frighten from our ranks the weak and timid, who are more willing to desert their principles tluui they are to stand up under persecution aud abuse Avith a conscientiousness of right. '■ Resolved, That we will discountenance and denounce auy attempt to encroach upon the constitutional rights of the I'teople of any State, or to interfere with their slaves, conceding to their citizens the right to regulate theii- own 184 HISTORY OF KANSAS TEREITOEY. iustitutions, aucl to hold and recover their shives, without any molestation or obstruction from the people of Kansas." This report elicited a warm discussion. Many were in favor of a more radical platform, and were ];mrticularly opposed to those clauses alluding to slavery and abolitionists. They were generally eastern men. On the other hand there were many who despised the name of '• abolitionist," and were opposed to negroes being in Kansas in any shape or form. They had not been educated to a high standard of human rights. They were chiefly western men and Demo- crats, some of whom were Missourians. There can be no doubt that the prevailing element in this Territory at that time, as it was then all over the free States, was not only hostile to slavery, but bitterly hostile to the negro. It was thought, too, that many of the Missourians, in the Territory who could have no interest in slavery, but who could not bear the idea of being '' abolitionists" would be gained by this conservative platform. It was argued by a majority of the convention that such a conservative and liberal platform would commend itself both to Congress and the inhabitants of the Territory, thus en- abling them to accomplish the real object of their union — exclusion of slavery from Kansas. It was, indeed, a policy whereby a verbal concession ot principle was made on the part of some, with a view of obtaining a position to more fully vindicate and carry out their principles ; but at the same time this platform embodied the sentiments and feel- ings of 'a majority of the people in the Territory at that time. The Committee on State Organization reported that in their opinion the movement was "untimel}' and inexpedient." Its members were II. B. Brock, J. M. Yates, E. G. Elliott, E. Mendenhall, II. M. Hook, E. Castle, J. Hamilton, H. J. Stout, A. Bowen, S. D. Houston, J. M. Arthur and Isaac Wollard. After a spirited discussion, the report was re- \ 1855.] FREE STATE MOVEMENTS. 185 jected by a substitute offered by Mr. Hutchingison, tbat the Convention fully endorse " the People's Convention of the 14th ult., for a delegate convention of the people of Kansas Territory, to be held at Topeka on the 19th inst., to con- sider the propriety of forming a State constitution," &c. Mr. J. S. Emery, from the Committee having charge of the legislative matters of the Territory, made the following eloquent report : '■'■Resolved, That the body of men who, for the past two months, have been making laws for the people of our Ter- ritory, moved, counselled and dictated to by the demagogues of Missouri, are to us a foreign body, representing only the lawless invaders who elected them, and not the people of the Territory, that we repudiate their action as the mon- strous consummation of an act of violence, usurpation and fraud, unparalleled in the history of the Union, and worthy only of men unfitted for the duties and regardless of the responsibilities of Republicans. ^'■Resolved, That having by reason of numerical inferiority and want of preparation, been compelled to succumb to the outrageous oppression of armed and organized bands of the citizens of a neighboring State — having been robbed by force of the ri^ht of suffrasre and self-scovernment, and sub- jected to a foreign despotism, the more odious and infamous that it involves a violation of compacts with sister States, more sacred and solemn than treaties — we disown and dis- avow with scorn and indignation the contemptible and hypocritical mockery of a republican government into which this infamous despotism has been converted. '■'•Resolved, That this miscalled Legislature, by their reck- less disregard of the Organic Territorial Act, ana other Congressional legislation, in expelling members whose title to seats was beyond their power to annul) in admitting members who were not elected, and in legislating at an un- authorized place — by their refusal to allow the people to to select any of their ovxm officers, many of whom were unquestionable residents of Missouri at that time — by leaving us no elections save those prescribed by Congress, and therefore beyond their power to abrogate, and even at these selling the right of suffrage at our ballot-boxes to any non-resident who chooses to buy and pay for it — b}^ 18G HISTORY OF KANSAS TERRITORY compelling us to take an oath to support a law of the United States, invidiously pointed out — by stifling the free- dom of speech and of the press, thus usurping the power forbidden to Congress, libelled the Declaration of Indepen- dence — violated the Constitutional Bill of Rights, and brought contempt and disgrace upon our Republican insti- tutions at home and abroad. " Resolved, That we owe no allegiance or obedience to the tryannical enactments of this spurious Legislature — that their laws have no validity or binding force upon the people of Kansas, and that every free man among us is at full lib- erty, consistent with all his obligations as a citizen and a man, to resist them if he chooses so to do. " Besolced, That wc Avill resist them primarily by every peaceable and legal means in our power, until we can elect our own Representatives and sweep them from the Statute Book, and that as the majority of our Supreme Court have so far forgotten their ofiicial duty — have so far cast off the honor of a lawyer and the dignity of a Judge as to enter clothed with the judicial ermine into a partisan contest, and by extra-judicial decisions giving opinions in violation of all propriety, having prejudged our case before we could be heard, and have pledged themselves to the outlaws in ad- vance, to decide in their favor, we will therefore take meas- ures to carry the question of the validity of these laws to a higher tribunal where Judges are unpledged and dispas- sionate — where the law will be administered in its purity, and v/nere we can at least have the hearing before the de- cision. "-Resolved, That we will endure and submit to these laws no longer than the best interests of the Territory require, as the least of two evils, and will resist them to a bloody issue as soon as we ascertain that peaceable remedies shall fail, and foi'cible resistance shall furnish any reasonable prospect of success ; and that in the meantime we recom- mend to our friends throughout the Territory the organiza- tion and discipline of Volunteer Companies and the procure- ment and preparation of arms. " Resolved, That we cannot, and Avill not, quietly submit to surrender our great ' American Birth Right' — the elective franchise — which, first b}' violence, and then by chicanery, artifice, weak and wicked legislation, they have so efiec- tually attempted to deprive us of,, and that we with scorn 1855.] FREE STATE MOVEMENTS. 187 repudiate tlie ' election law/ so-called, and will not meet witli them on the day they have appointed for the election, but but will ourselves fix upon a day for the purpose of electing a delegate to Congress." Several eiibrts vrere made to amend this report^ but it was linally received and endorsed. By the report of the Committee on Congressional Dele- gate, the time of holding the election was changed from the time specified by the Legislature to the 9th of October ; that the rules and regulations prescribed for the March election should govern this election, except the returns, which, by the " people's proclamation" subsequently issued, were to be made to the "Territorial Executive Committee." The reasons for fixing the time on the 2d Tuesday in October, were to avoid recognizing the right of the late Legislature to call an election, and to obviate the obnoxious oath to support the slave code; furthermore, if they should vote at the time des- ignated by the Legislature, there would be no guaranty that they could have a fair expression of their choice. The Committee on Miscellaneous Business, in their report, defended Governor Reeder from the charges made against him as the cause of his removal, and eulogized his conduct. The Convention nominated him candidate for delegate to Congress by acclamation. There were some very touching scenes to be witnessed in the two days' sitting of this convention. It was hard for them all to unite upon a common platform. It v\^as thought for some time that the attempt would prove a failure, and the cause of freedom be lost on that account. At this criti- cal crisis Judge Smith arose and began a speech of great earnestness and feeling. With his white locks trembling in the wind, and tears streaming down his furrowed cheeks, he besought them in the spirit of a patriarch and a patriot, to cast aside all minor diftereuces, and to unite in one common struggle towards rescuing Kansas from the vile dominion of slavery. 188 HISTORY OF KANSAS TERRITORY. Mr. Reeder, in response to his nomination, made a most moving and feeling speecli. The following is the closing of it as reported in the proceedings of the meeting : " He spoke long and eloquently upon the importance that no rashness should endanger the Union we all love and cleave to. He did not consider the correct public sentiment of the South as indorsing the violent wrongs which had been perpetrated by Missourians in our Territor}^, and that being so, he waited to hear their rebuke. Should it not come, and all hope of moral influence to correct these evils be cut off, and the tribunals of our country fail us, while our wrongs still continue, what then ? Will they have grown easier to bear by long custom ? God forbid that any lapse of time should accustom freemen to the duties of slaves, and when such fatal danger as that is menaced, then is the time to " 'Strike for our altars and our fires, Strike for the green graves of our sires, God and our native land.' " As he paused there was for an instant a deep silence as when a question of life or death is being considered — every man drew a long breath, but the next instant the air was rent with cries, ' Yes, we will strike,' 'AYhite men can never be slaves,' 'Reeder!' 'Reeder!' '!Nine cheers for Reeder and Right!' During his speech he had been constantly inter- rupted by shouts and shaking of hands, but now the enthu- siasm was ungovernable ; the crowd gathered around him with the warmest greetings." A committee of three was appointed to wait on Governor Shannon and present him a copy of the proceedings of this meeting, composed of General S. C. Pomeroy, Colonel J. H. Lane and Geo. "VY. Brown. The Delegate Convention to consider the expediency of taking preliminary^ steps towards forming a State Constitu- tion with a view of applying for admission into the Union, assembled at Topeka on the 19th of September, and contin- ued in session two days. I^ew elements had been worked into the Free State party by this time in consequence of the liberal spirit pervading the Big Springs convention, and 1855.] FREE STATE MOVEMENTS. 189 Other excellent gentlemen are found co-operating in the State movement, such as H. Miles Moore, M. W. Delahay, &c. The first day was consumed in organizing. On the following morning a committee of eighteen was appointed to set forth in an address to the world the grievances of the people of Kansas. In the afternoon the following reso- lutions among others were unanimously adopted : " Therefore, Resolved, By the people of Kansas Territory in Delegate Convention assembled, That an election sliall be held in the several election precincts of this Territory, on the second Tuesday" in October next, under the regula- tions and restrictions hereinafter imposed, for members of a convention to form a constitution, adopt a bill of rights for the people of Kansas, and take all needful measures for organizing a State government, preparatory to the admis- sion of Kunsas into the Union as a State. " Resolved, That a committee of seven be appointed by the chair, who shall organize by the appointment of a chairman and secretary. They shall keep a record of their proceedings and shall have a general superintendence of the aifairs of the Territory so far as regards the organiza- tion of a State government, which committee shall be styled ' The Executive Committee of Kansas Territory.' " Resolved, That said convention shall be held at Topeka on the fourth Tuesday of October next, at 12 o'clock M. of that day." Colonel James II. Lane was made chairman of this Ex- ecutive Committee, and J. K. Goodin secretar}'. The other members were C. K. Holliday, M. J. Parrott, P. C. Schuyler, G. W. Smith and G. W. Brown. 22 190 HISTORY OF KANSAS TERRITORY. CHAPTER XYIII. FREE STATE MOVEMENTS — CONTINUED. The " People's rroclamatiou," signed by most of the qualilied voters of the Territory, was issued, calling an elec- tion on the second Tuesday of October, to choose a delegate to represent them in Congress. After prescribing an oath for the judges and the qualifications of electors, they referred the details and control of the election to the Executive Committee appointed by the Convention at Topeka. Immediately followed a proclamation, emanating from the chairman of this Executive Committee, calling for an election of delegates to the convention for forming a State Constitution, on the same day that the election for delegate to Congress was held, and prescribing the usual regulations for an election. The question of forming a State Covernment and resist- ing the enactments of the bogus Legislature, was the all- absorbing topic of conversation in those days. It was discussed in numerous local conventions, talked over at home gatherings, preached from the pulpit and mingled in petitions to God. Pious men prayed, and wicked men swore, over it ; politicians plotted and patriots thought. ^\11 other business, all other channels of thought, were for the time abandoned, and the watchword became, "A Free State ; Opposition to Tyranny by Peaceable Measures first; when they fail, by Force." ItAvas a question of as J 855.] yUEE STATE MOVEMENTS, 191 seriona concern, and as deep interest, to tlie S(j[Uatters in Kansas as that which aftected our Revolutionaiy I'athers in the dark days when it -' ti-ied men's souls."" It was argued and coniidently telt that ii" the settlers would harmoniously enter upon these measures, that Con- gress would recognize their action as the legitinaately expressed will of the iidiabitants of this Territory; would repudiate the IShawnce Ijcgislature and its proceedings, admit the delegate of the people to Congress, and receive them into the Union under tlie constitution of their own making. And they had good reasons to expect such a result if justice had not entirely abandoned the legislative halls of the nation. Their actions were certainly in accor- dance Avith the true spirit of Squatter Sovereignty. Their constitution was such that even the liberal minded slave- holder would not object to it, except that it did not perpetuate slavery in the State. Their actions and declarations of prin- ciples were extremely conservative. And even the great champion of Squatter Sovereignty, Hon. S. A. Douglas, afterwards admitted that it was the greatest blunder of his life in not favoring their petitions. The election of delegate to Congress, under the appoint- ment of the Shawnee Legislature, took place on the lirst of October. There being no other candidate. General J. W. Wliitfield, vv'ho had been nonunated at Shawnee Mission while the Legislature was in session, was unanimously elec- ted, and received certificate of the same from G-overnor Shannon. There were, at least, as many as two thousand ille- gal votes polled at this election, making two-thirds the total number cast. The ^lissourians took but little interest in it, as thev knew tliat the free state men did not intend to contest it. Governor Reeder was unanimously elected for tlie same position by the Free State Party. He received twenty-eight hundred and sixteen votes. In several precincts no vote was allowed to be taken. Pro-slaverv men did not partici- 192 HISTORY OF KANSAS TERRITOKY. pate in the election, and oiFered no disturbance, except in a few places. About this time occurred an amusing incident, to the cha- grin and disadvantage of the people at Leavenworth. The bogus Legislature^ among the many things it did, had divi- ded the Territory into counties ; but in consequence of the hurry and burden of business, had neglected, in several in- stances, to locate the county seats, whicli was the case with Leavenworth County, and accordingly an election by its citi- zens was called to decide that question. There happened to be three rival towns which contended for the honor of the county seat. Two were intensely pro-slavery ; Kickapoo, about ten miles above, and Delaware, eight miles below, Leavenworth. Both were prospectively great in the eyes of those interested at that time, but both have long since ceased to be known. Leavenworth contained a majority of free state men, wuth a large minority of pro-slavery men ; but by being situated so near the border, the latter generally ruled. Its citizens, of course, all desired the county seat, and confi- dently expected it. They, therefore, made but little eflbrt at the election, feeling that their local interest would poll the majority of votes in favor of their town. The other two contestants knew their cause was hopeless in a fair elec- tion, but they resolved to profit by their recent instructions in ballot box frauds. The matter was laid before the people of Platte County, among whom Leavenworth was reputed as an "■ abolition stink hole," and they agreed to help their friends across the river in this dilemma. On the day of the election Leavenworth polled about five or six hundred votes, all legal. Between Weston and Kickapoo a steam ferry boat was kept running all day, pouring in voters from Mis- souri, until they polled at the latter place eight hundred and fifty ballots for the county seat ; whereas the total num- ber of legal voters in that precinct did not exceed one hun- and fifty. At Delaware they went still farther. Besides conveying voters across the river in a chartered steamer for 1855.] FREE STATE MOVEMENTS. 193 oue day only, tliej kept it up after they had learned the result at Kickapoo, until they had polled nearly nine hun- dred votes, only fifty of which were legal. For this purpose they had kept the polls open three days. The first author- ity to whom these returns were made decided in favor of Kickapoo, declaring that keeping the polls open for three days was an " unheard of irregularity." " Kickapoo was ju- bilant, Leavenworth was sore. Her pro-slavery men were grieviously indignant. So long as this kind of operation had been directed against the ' abolitioners' it was fair ; but now they began to realize a touch of Squatter Sovereignty, as enunciated in the Kansas- jSTebraska bill. The Leaven- worth Herald whose editor had been a member of the bogus Council of the Shawnee Mission, began to print moral les- sons and homilies on the tendencies of these things. All the respectable, which means the property holding, pro-sla- slavery men about Leavenworth, looked solemn." '' The Kickapoo Pioneer, a fire-eating, pro-slavery paper, taunted Mr. Easton, of the Leavenworth Herald, of his sud- den conversion to the ' purify-the-polls' doctrine, aud fin- ished a somewhat sarcastic article by asking, 'Who elected you to the Legislature ?' This was severe but fair. Li the dilemma the Herald got ofi" the following interestino; mor- sel, being a part of a glorious article two columns long : " ' Much has been said by the abolition presses through- out the country about ' armed invasions of Kansas by the Border Kuffians of Missouri,' but, as we then asserted and still assert, they were acting solely in self-defense ; and history will tell of the purity of their purpose and of the justice of the cause they vindicated. They came here actu- ated by the noblest of human sentiments, determined to ward ofi" a blow which was aimed against their institutions and against th'eir peace. As such, with open arms we wel- comed them ; and, when victory croAvned our common eftbrts, and the black flag of abolitionism trailed in the dust, how grateful were the feelings we experienced to those who had rallied with us to a hand-to-hand encounter with the aggressive foes. 1.94 HISTORY OF KANSAS TERRITORY. '' *But did any pro-slavery luau in or out of Kansas for a moment imagine that, by reason of such elections, Kansas had surrendered unconditionally, and that Missouri had made the conquest of the Territory for the use and benefit of Platte County, upon her border ? and, worse than this, to be made the plaything and the puppet of a few dema- gogues and hucksters in Weston and Platte City ? The idea is simplj^ absurd.' "Absurd though it might be, it still was a 'fixed fact." Kickapoo had to bite the dust before the sovereign will of the ' majority.' The election was referred to a court which decided in favor of Delaware. This was, at least, consist- ent ; for, as all the pro-slavery courts, which means all the courts in the Territory, had decided in favor of bogus authority, it was not going to do to establish so dangerous a precedent as setting aside an election on account of any irregularity." The Topeka Constitutional Convention, from the object it had in view, and from the circumstances under which it assembled, was one of the most important bodies of men ever convened in Kansas. It was composed of the chief men among the free soilers from all parts of the Territory. They had emigrated from every State in the Union, and represented every political party, [religious sect, habit of life, prejudice, dogma and principle that exist in the United States. There were Republicans, Democrats, TVhigs and Abolitionists — all freesoilers. Every occupation had its rep- resentative ; the farmer, the teacher, the doctor, the preacher and the lawyer. They occupied every grade ot intelligence and age ; from the illiterate to the learned, from the young to the old. Some were pious and some were not so much so ; some were temperate, others indulged when they felt like it. There were the young and the ambitious, who, while they sought to advance the cause of freedom, equally hoped to advance themselves. There were those who had entered upon the conflict to defend the principles involved. They were no politicians, but men of sound sense and ster- ling worth, who sought no preferment, but expected to re- 1855.] FREE STATE MOVEMENTS. 195 tire to private life wlien tiie contest should end. There were politicians, experienced and adroit in pulling the wires, who had come here to retrieve or better their polit- ical fortune. They thought by judiciously framing the ship of State with reference to the political elements with which it had to contend, to safely ride themselves into office. They w^ere unscrupulous as regards principles and advised the surrendering of a portion of them, like mariners do with their cargo in a storm, to prevent the shipwreck of their hopes. The members of the convention were, indeed, what they purported to be — the representatives of a peo- ple that had recently emigrated from all inrrts of the natioUy bringing icith them their characteristic peculiarities and, 'provin- cialisms. Fifty-two members had been elected, but only forty took part in the deliberations. Their daily proceedings were officially published in a small sheet from the press of the " Kansas Freeman." Mr. E. C. K. Garvey was editor — a short, thick, hump-shouldered Irishman. The convention had all the attendants of a legislative body. There were caucuses, committee meetings, electioneering, button-hole lingering and speech making. Newspaper reporters were admitted to a seat within the bar, and sent the proceedings of the convention to all parts of the country. A chaplain opened their sessions with prayer, and humbly invoked the '' wisdom that cometh from above." Parties, oyster suppers, concerts and lectures afrbrded amusements. The citizens were especially courteous and clever, as they hoped to secure the capital of the rising State. The members of the Convention were generally conser- vative, the Democrats having a slight majority, and about as many from the western as from the eastern States. The vote upon striking out the word "white" from the Consti- tution stood 7 yeas to 24 nays, as follows : Yeas — Brown, Crosby, Hillyer, Hunting, Knight, Robin- son, Schuyler. 196 HISTOKY OF KANSAS TERRITORY. i^ays — Arthur, Eurson, Curtiss, Cutler, Delahay, Dodge, Hunt, Klotz, Lane, Latta, Landis, McDaniels, McWhenny, Parrott, Eoberts, Sayle, Smith, Thomson, Tuttou, Wake- field, Hicks, Emery, Gooden, Holliday, Graham. On a resolution "approving the principles of Squatter Sovereignty, and non-intervention by the people of the States as well as Congress in the local afiairs of the Terri- tories and States," the vote stood 17 yeas to 15 nays. The Convention did not come to a test vote upon the exclusion of free negroes from the Territory, but compro- mised the matter by a resolution providing for a submission of the question to a vote of the people, which should act as instruction to the State Legislature. Thus the odious " black law" had no place in the Constitution, but a majo- rity of the delegates were probably in favor it. The great argument emplo3^ed in its favor was that unless some such provision should be made, Missouri would burden the State with her worn out, infirm and worthless negroes. The Convention was in session sixteen days, and moulded the first Constitution of the State. There was nothing remarkable in the document itself; but the circumstances under which it was framed rendered it illustrious. ISTever- theless, it formed the model by which the other two free state Constitutions were shaped, which are in reality only amendments of that instrument. It provided that " there shall be no slavery in the State, nor involuntary servitude, unless for a punishment of crime," and that the first Legis- lature should provide for the enforcement of this article on or before the 4th of July, 1857. The boundaries of the State were the same as those prescribed in the act organiz- ing the Territory. All male Indians who had adopted the customs of the whites should be allowed to vote. The ques- tion of excluding from the State free negroes and niulat- toes occasioned much discussion. The General Assembly should be composed of sixty Representatives and twenty Senators, who should receive $4,00 per day for their serv- 1855.] FREE STATE MOVEMENTS. 197 ices. There wiis no Superintendent of Public Instruction provided for, and educational provisions were generally defective. Topeka was made the temporary capital, tAventy votes being cast for it, and sixteen for Lawrence, The first General Assembly was to locate the permanent seat of gov- ernment. There can be no convention to form a new Con- stitution, nor can this be amended until after 1)^65. The Constitution was to be submitted to tlie peoi)le on the 15th of December, 1855 for their ratification or rejection. At the same time the general banking law was to he voted upon, and if adopted was to stand as a part of the Consti- tution. In case the Constitution Avas ratified at the election, the Executive Conmiittee vshould call an election for State officers and for Representative in Congress. The first Gen- eral Assembly was to meet on the 4th of July, 1856. Elec- tion districts were arranged, rules and regulations for the election the 15th of December were prescribed l)y the Convention. The Territorial Executive Committee, ap- pointed on the 19th of Novenil^er, was empowered to 'superintend the State organization at the coming elections, to issue scrip, not to exceed twenty-fiv:e thousand dollars, to meet all necessary expenses, and the first Assembly was to provide for the redemption of this scrip. Late on Saturday night, (Noveml^er 10th,) the members of the Convention subscribed their names to the Constitution in the following order :* Robt. Klotz, merchant, Pa.; Pawnee, Dem., Pa., 85. M. J. Parrott, S. C, Leavenworth, Dem., Ohio. M. W. Delahay, lawyer and editor, Md., Leavenworth, Dem., Ala., 37. W. R. Griffith, teaclier, la., Rep., Bourbon Co., Pa. G. S. Hillyer, farmer, Ohio, Grasshopper Falls, WTiig, Ohio, 35. '■■■Exi)l.ination— The words and abbreviations opposite each name designate succes- Fively as follows : 1. profession; 2, nativity; 3, residence at time of convention; 4, politics; 5. State emigrated from to Territory; G, age, 23 19« HISTORY OF KANSAS TERRITORY. AVilliuin Hicks, tkrmer, Pa., Dayton, Deiii., Intl., 33. S. X. Latta, lawyer, Ohio, Leavenworth, Whig, Iowa, 39. John Landis, farmer. Ivy., Doniphan, Dem., Mo., 28. II. Burson, farmer, Virginia, Bloomington, Whig, III., 36. W. Stewart, tarmer, Ky., Ocena, Dem., 42. J. M. Arthur, farmer. Inch, Sugar Creek, Dem., Ind., 38. J. L. Sayle, tarmer. III., Kickapoo, Kep., Iowa, 37. Caleb May, farmer, Ky., Ocena, Dem., Mo., 40. S. McAVhinny, farmer, Ohio, Prairie City, Dem., 111., 45. A. Curtiss, lawyer, 'N. Y., Bloomington, none, Ky., 32. A. Hunting, physician, Mass., ]SIanhattan, Pep., K. I,, 61. E,. Knight, clergyman, England, Lawrence, Free State, Mass., 43. O. C. Brown, farmer, X. Y., Ossawattomie, Free Soiler, N. Y., 44. W. Graham, physician, Ireland, Prairie City, Democrat, Tenn., 39. Morris Hunt, lawyer, Ohio, Lawrence, Whig, Ohio, 27. J. II. I^eshit. C. K. Holliday, lawyer, Pa., Topeka, Dem., I'a., 28. David Dodge> lawyer, l!^. Y., Leavenworth, Democrat, N. Y., 25. J. A. Wakefield, lawyer, S. C, Bloomington, A\^hig, Iowa, 59. W. Y. Roberts, tarmer, Pa., Washington, Dem., Penn- sylvania, 41. G. W. Smith, lawyer. Pa., Franklin, Whig, l*a., 50. J. G. Thomson, saddler. Pa., Topeka, Dem., Pa., 55. G. A. Cutler, physician, Tenn., Doniphan, Free Soiler, Mo., 23. J. K. Goodin, lawyer, Ohio, Clear Lake, Dem., Ohio, 31. J. M. Tutton, clergyman, Tenn., Bloomington, Democrat, Mo., 33. Thomas Bell. 11. II. Crosby, merchant, Maine, Ocena, Pep., Min., 21. P. C. Schuyler, farmer, ^. Y., Council City, Rep., 50. 1855.] FREE STATE MOVEMENTS. 199 C, Eobiiisoii, physician, Mass., Lawrence, Independent, Mass., 37. M. F. C'onway. J. S. Emery, lawyer, Maine, Lawrence, JJeniocrat, iS'. Y.,2t;. J. IL Lane, lawyer, Ky., Lawrence, Lem., Lid., So. 200 HISTORY OF KANSAS TERRITORY. CHAPTER XIX. VARIOUS EVENTS. The emigration from the free States was very large dur- ing the spring and summer. More than five hundred came in under the auspices of the Xew England Emigrant Aid Societies. Pennsylvania sent many of her industrious, per- severing and enterprising children. Ohio, Indiana, Illinois, Michigan, AYisconsin and Iowa, poured in an energetic and sturdy class of pioneers. Many went far hack into the Ter- ritory, and selected choice sites for their homes. The various towns laid out the fall hefore received tlieir respective proportions of the incoming population. Many new town sites were located, hut none of these ever acquired any importance. Xew and more suhstantial buildings were erected ; large hotels, saw mills, churches and school houses were prepared for the accommodation of the public. There might be many amusing items written relative to the laying out and settlement of Kansas towns. Each one had its "blowers" and drummers along the Border. Here would be one expatiating on the merits of Leaven- worth, another of Lawrence, wliile a third would prove to a demonstration that Pawnee would be the emporium of the West. Towns were laid out, represented on paper, their praises sounded, which never had any existence only on paper, and were known as " paper towns." Doniphon, Del- aware, Kickapoo, Lecompton and Tecumseh maintained a straggling infancy, and then perished. The tov/ns of Kansas 1855.] VARIOUS EVENTS. 201 grew slowly at first, and it was not uutil the troubles subsided that their growth was accelerated. Many of the new emigrants were utterly unfit for the ar- duous life on the frontier. They were chiefly young men of no fixed habits of life, who had come as on a pleasing adven- ture to the land of which there was then so much talk. They seemed never to have thought of the many hardships, privations and denials concomitant with a new country ; so on arriving here and not finding the advantages and lux- uries, they returned in disappointment, cursing the country as barren of all the comforts of life. Others came from cities, and were alike unaccustomed to the inconveniences to which they found themselves necessarily subjected, while another class came merely to prospect, with the expectation of emigrating if suited with the countr3^ These classes of new comers generally made but transient stays in the Territory. They hurried back to their old pleasant homes, feeling that there were but few charms for them in pioneer life. Those of them who dared to weather the hardships to which they found themselves exposed, only procrastinated their return. The troubles and sickness which soon broke out, repaid their temerity with fresh suiFering, and, some- times, with mourning. The consequence was that very many of the eastern emigrants, this spring and summer, found no permanent lodgment upon our prairies, but migra- ted back to their old peaceful and congenial al)odes. To add to the many hardships with which settlers in a new country have to contend, disease spread among them. The summer being an exceedingly dry one, it Avas difficult to obtain water. Few wells had been dug, and the only water that could be secured in many instances, was taken from stagnant pools in the beds of creeks, covered with a yellow slime. Hard labor, improper diet, unwholesome drink and general filthiness invited tlie visits of epidemics, ('holera and fever vied with each otlier in ravaging the un- happily situated people of their only enjoyment — health. 202 HISTORY OF KANSAS TERRITORY. Until the arrival of Governor Shannon after Governor Reeder was removed, Secretary Daniel Woodson acted as Governor. He was a tall, slender, and rather handsome Virginian of about thirty years. He was once editor of the " Lynchburg Republican " in his native State. He was pro-slavery from taste and not principle. Although there was nothing apparently bad in the man, he was utterly wanting in that essential quality of an executive officer — which we sometimes express by " backbone.'' "With pro- slavery feelings, he was well calculated to be used as a tool by Border politicians. ISTo sooner had Gov. Reeder turned the powers of the Executive over to the Secretary than he began signing the l)ills passed by the bogus Legislature. A convention, composed of delegates from twenty-live counties, was held on the 12th of June, at Lexington, Mis- souri, for the purpose of taking into consideration the inter- ests of their w^ard in Kansas. The chief men of the Bor- der were there in grave council tor two days and nights. In it the principles of nullification were clearly set forth. Said the orator of the day, " A minority liave not the right to revolt against any constitutional measure that may be enacted, but that minority have the right to resist any act of Congress that has not the sanction of the Constitution." Their attention was chiefly directed to the proceedings of the Emigrant Aid Societies, which they bitterly denounced in their speeches and resolutions. They petitioned the Legislature to retaliate on free States " by discriminating against their sales and manufactures " in Missouri, and to suppress "the circulation of abolition or freesoil publica- tions, and the promulgation ot abolition or freesoil opin- ions." A committee was appointed to prepare and issue an address to the people of the United States " setting forth the history of the Kansas excitement and the views and actions of our people thereon." This address was a weak and puerile production, full of misrepresentations and tirades against the Aid Societies. Their chief complaint 1855.] VARIOUS EVENTS. 203 against tliese organizations was tliat they tended to divert the natura] course of emigration so as to make Kansas a free State against tlie wishes and interests of Western Mis- souri. The invasions of the 30th of March and tlic continued threatening and armed demonstrations of the Missourians, suggested to the free state men some kind of military organization for self-defense. Accordingly a secret order of a military character was introduced, (the Kansas Legion,) similar to the Blue Lodges of Missouri, with this exception — its object was solely defensive, while that of the latter was oifensive. Its design was to labor by all lawful means to make Kansas a free State, and to protect the ballot-box from invasion. There was nothing wrong in the Society itself, nor in its object, or means employed to attain that object. It never extended far over the Territory. There were, however, several "encampments" at different places. It was secret in its character, and the members took an ob- ligation in accordance with the nature and design of the society. It was found to be too cumbrous and unwieldy, and soon fell into disuse. Many of its members became dissatisfied with its unnecessary obligations to secrecy. Its cumbersome machinery was never put into practical ope- ration. This is the society which Pat Loughland claimed to ex- pose. He was a chubby Irishman of some ability, who lived at Doniphan. lie was first pro-slavery, then free state. Having been chosen a delegate to the Big Springs Conven- tion, he attended it and took an active part in its proceed- ings. At this time he was initiated into the Order. On returning to Doniphan, for some mercenary consideration, he made his exposition, which was published in the "Squat- ter Sovereign." The ritual as published in that paper, de- clared the object of the society to be the same as stated above. The pro-slavery presses made a great ado about this society as exposed. Hon. Stephen A. Douglas arraigned 204 HISTORY OF KANSAS TERRITORY. it ill the United States Senate as a monster of iniquity. And yet it was only a local and secret organization of a few oppressed freemen, designed solely for self-defense. As the Kansas IjCgion fell into disuse, independent mili- tary companies were kept up in different localities. The threatening condition of the country required some such measures. The Missourians having finished their lawmak- ing for tlie people of Kansas after sixty days of labor, hav- ing liad the validity of their enactments duly tested by the Supreme Court and signed by the acting Executive, they were anxious to see tliem enforced. Accordingly every op- portunity was watched by the oflicial emissaries of the Shawnee Legislature to entangle free state men in the dark mazes of their voluminous laws. Efforts were made to get up street broils, whereby some freesoiler would be led to retaliate upon their insolence, and thus subject himself to arrest at their hands. Then in case of concerted resistance the}' would dispatch to Missouri for a horde of their broth- ers to come to their assistance and bring down summary vengence upon the unruly people. But the free state men had adopted a polic}- wliich, for a time, entirely frustrated the designs of these officials. They had determined to avoid, as far as possible, any confiict with the Territorial laws, and, at the same time, not recognize their legality or authority. They resolved to quietly and peaceably demean themselves as good citizens without any reference to the enactments of the Legislature. They had nothing to do Avith its pretended courts of justice or officers, but conducted and carried on their business, and righted their dift'ei^nces according to their own rules and regula- tions. These remarks apply only where the free state ele- ment predominated ; in other places free soilers were com- pelled to recognize, in some degree, the "bogus laws." Particularly are the remarks in the last two paragraphs applicable to the citizens of Lawrence and vicinity. Re- peated personal attacks were made upon them singly, when 1855.] VARIOUS EVENTS. 205 unarmed, in and out of town, and every opportunity was taken to harass and brow beat them. In consequence of this state of aflairs, another society was organized,* whose proceedings were secret, but its existence was intended to be known. Its design was to guard the free state movement, and insure its success by affording personal protection to free state men, and being prepared for any assault from the Missourians, either upon their conventions, homes or towns. It was military in its character, defensive in its object, and confined itself almost exclusively to Lawrence. This is the society which Dr. A. J. Francis exposed to the Grand Jury. It fell into disuse soon after the ratification election in De- cember. The leading free state men were members of it. Its members were required to keep about their persons and homes arms and ammunition, and be ready to hurry to the rescue of any brother endangered. It was the policy of the free state men thus to preserve and guard their state move- ment, and at the same time not come in conflict with the Territorial authorities, until the Government which they had thus inaugurated should be recognized by Congress as the legitimate one, and that .of their oppressors repudiated. It was thought that Congress could be prevailed upon to ad- mit them as a State, and in case their application should be rejected, they could still preserve their State government out of the Union as other Territories had done before. In the month of August several outrages were committed upon inofi:ensive persons by a mob. A gentleman from Cincinnati, by the name of J. W. B. Kellev, having made some remarks at Atchison which were construed to reflect upon the institution of slavery, the ruffian Thomason, twice the size of the former, jumped upon him and almost beat him to death. A meeting ot the citizens was called and the act publicly sanctioned and applauded. The following res- olutions were passed : *About the middle of September, 24 20(3 HISTORY OF KANSAS TERRITORY. " Resolved, 1st. That one, J. AV, B. Kelley, hailing from Cincinnati, having upon sundry occasions denounced our institutions, and declared all pro-slavery men ruffians, we deem it an act of kindness to rid him of such company, and hereby command him to leave the town of Atchison one hour after being informed of the passage of this reso- lution, never more to show himself in this vicinity. " Resolved, 2d. That in case he fails to obey this reason- able command, we inflict upon him such punishment as the nature of the case and circumstances may require. " Resolved, 3d. That other emissaries of this ' Aid Soci- ety' now in our midst, tampering with our slaves, are warned to leave, else they, too, will meet the reward which their nefarious designs so justly merit — hemp. " Resolved, 4th. That we approve and applaud our fellow townsman, Grafton Thomason, for the castigation adminis- tered to said J. W. B. Kelley, whose presence among us is a libel upon our good standing and a disgrace to our com- munity. ^'■Resolved, 5th. That we recommend the good work of purging our town of all resident abolitionists, and after cleansing our town of such nuisances shall do the same for the settlers on "Walnut and Independence Creeks, whose propensities for cattle stealing are Avell known to many. " Resolved, 6th. That the chairman appoint a committee of three to wait upon said Kelley and acquaint him with the action of this meeting. " Resolved, 7th. That the proceedings of this meeting be published that the world may know our determination." It was further agreed that copies ot these resolutions be made out and circulated for the signatures of all the towns- men, and all who refused to sign them should be reckoned and treated as abolitionists. On the 16th of August Rev. Pardee Butler, of the Chris- tian Church, who lived about twelve miles from Atchison on his claim, happened in this city waiting for a boat to go east on business. Robert S. Kelley was postmaster, and likewise assistant editor of the " Squatter Sovereign." Meeting Mr. Kelley at the post-office, Mr. Butler informed him he would have some time since become a regular sub- 1855.] VARIOUS EVENTS. 207 scriber to his paper had he not disliked the spirit of vio- lence which characterized it. Mr. Kelley replied. " I look upon all free soilers as rogues, and they ought to l)e treated as sucli."' Mr. Butler responded, " I am a free soiler, and expect to vote for Kansas to he a free State." " I do not expect you will he allowed to vote," was the reply. Mr. Butler then retired to the hotel, and there was no further disturbance that night. The following morning Mr. Kelle}' entered Mr. Butler's boarding house and demanded of him to sign the resolutions above quoted in regard to Mr. Thom- ason. The rest of the story is given in Mr. Butler's own words : l%i:n^^.^jm 4 REV. PARDEE RUTLER ON A RAFT. " I declined to subscribe to these resolutions. 1 com- menced reading the resolutions aloud. E,obert S. Kelle}' finally interrujited me and demanded I should sign tliem. 1 rose up ; walked down stairs into the street ; here they stopped me and demanded, ' will you sign V I refused, when tliev seized me and dragged me to the river, cursins: me for a damned abolitionist, and saying they were going to drown me. When we arrived at the bank, 5lr. Kelley painted my face with black paint, marking upon it the letter 'R.' The company had increased to some thirty or forty persons. Without any trial, witness, judge, counsel or jury, for about 208 HISTORY OF KANSAS TERRITORY. two hours, I was a sort of target at which were hurled im- precations, curses, arguments, entreaties, accusations and interrogatories. " They constructed a raft of three cotton wood saw logs, fastened together with inch plank nailed to the logs, upon which they put me and sent me down the Missouri River. The raft was towed out to the middle of the stream with a canoe. Robert S. Kelley held the rope that towed the raft. They gave me neither rudder, oar nor anything else to man- age my raft with. They put up a flag on the raft w^ith the following inscription on it : ' Eastern Emigrant Aid Ex- press.' ' The Rev. Pardee Butler again for the under- ground railroad.' ' The way they are served in Kansas.' ' For Boston.' ' Cargo insured, unavoidable danger of the Missourians and the Missouri River excepted.' ' Let future emissaries from the ISTorth beware.' ' Our hemp crop is sufficient to reward all such scoundrels.' They threatened to shoot me if I pulled the flag down. I pulled it down, cut the flag off the flag stafi", made a paddle of the flag stafl", and ultimately got ashore about six miles below." The writer does not think that Mr. Butler is correct about the inscription on the flag, if his impressions are not false. A horse wa3 represented on the flag at full speed with Mr. Butler upon him ; a negro was clinging behind him, while Mr. Butler was represented as exclaiming, "To the rescue, Greeley, I've got a negro !" Over the painting was printed in large letters, " Eastern Abolition Express." The other side ot the flag bore the following inscription, " From Atch- ison, Kansas Territory." " The way they are served in Kansas." On the 25th of October a fatal rencounter took place be- tween Pat Laughland and Samuel Collins near Doniphan. It will be recollected that the former gentleman is the man who had made the expose of the secret association of the free state men. He had been petted and dandled by pro- slavery men until he had become extremely insolent towards the opposite party. The gentleman with whom he had the fatal afl'ray was a free state man and a. member of the soci- 1855.] VARIOUS EVENTS. 209 ety whose working and character Laughland had exposed. Much bitter feeling prevailed in the neighborhood between the two factions. Mr. Collins, with several other friends, happening to meet Laughland at a saw-mill, a quarrel ensued. In the midst of the excitement one of the latter's friends fired a shot at the former, which he returned without effect. Laughland continued his insulting remarks, when Collins advanced upon him with his drawn gun. Laughland drew his revol- ver, fired and killed him. A conflict ensued between the friends of each in which shots were exchanged, bowie knives used and several badly hurt.' Laughland was taken to Atchison and employed as salesman in a store after he recovered from a wound he received in the affray. Governor Shannon's appointment was viewed with dis- trust by the slave propagandists. The "Squatter Sovereign" said : " Mr. Shannon may be a reliable man; we hoj^e he is ; but coming as he does, from a State that produces a Gid- dings, a Wade and a Chase, we can not but regard him with suspicion." '^ If we know the feelings of the people of Kan- sas Territory, we can safely state that the point has now ar- rived, at which forbearance ceases to be a virtue, and the further attempts of the President and Cabinet to saddle an abolitionist upon us for a ruler, will not be tolerated, but re- sisted even unto death." They desired the President to ap- point Mr. Woodson, who had proven " all sound on the goose,"' and a very placid tool, or at least some man from a slave State. On the other hand, for those very same rea- sons for which pro-slavery men disfavored the appointment ot Mr. Shannon, the free state men hoped that, like Reeder, he would be disposed, at least, to act impartially in the admin- istration of justice. But the new Governor had no sooner arrived on the Bor- der than he committed himself decidedly to the interest (1) Accounts of this disturbance vary considerable. (2) A phrase applied by the Missourians to those who were decidedly in favor of making Kansas a slave State, 210 HISTORY OF KANSAS TERRITORY. of slavery. He received a public reception at Kansas City, and was escorted by members of the Legislature to West- port. In the evening be addressed a large audience from the front of the Harris House. His remarks were very ac- ceptable, which was a good evidence Miat they were "all sound on the goose." The " Squatter Sovereign," in giving a summary of his remarks, said : " Those who heard him assure us that ho was eminently felicitous in his remarks, and made the best possible impression on the minds of his hearers. He did not let fall a word which a pro-slavery man, or any other right minded man would wish to have changed ; nor did he leave unsaid any thing necessary to a full understanding of his position. He recognized, in its fullest extent, the legality of the Legislative Assembl}^ and the binding force of its enactments, which he pledges himself to see executed with all his power and authority. He spoke of the deep interests which the Missourians have evinced in the institutions of Kansas, and decUired tliat it was nothing more than natural that people divided only by an ideal line, and clearly allied by the ties of kindred, intimate acquaintance and personal friendship, should do- sire to have their institutions as* near assimilated to each other as possible." He next attended a political meeting, at which General J. V^. Whitfield was to make his opening speech of the canvass as delegate to Congress. Here the Governor spoke again, and declared that " he would mildly but firmly, resist every attempt, come from what quarter it may, to introduce higher law doctrines, or in otlier words, anarchy and confusion into the Territory."* At a meeting of a fev/ pro-slavery men at Leavenworth on the 3d of October a committee was appointed to prepare an address to the law and order people of Kansas. The members of this committee were Andrew Isaacs, John A. '•'The author is aware that Mr. Shannon denied many of the statements attributed to him in his speecli at Westport by the free state presses ; but this account is taken from an intensely pro-shivery paper, and it is presumed, therefore, reliable. 1855.] VARIOUS EVENTS. 211 llalderman, D. J. Johnson, W. G. Mathias, R. K. Hces, L. F. IIol lings wortli and D. A. N. Grover. This address urged upon " the lovers of law and order" to oppose all attempts to resist the code of laws recently enacted by the Territo- rial Legislature, and declared it treason to oppose them. It also called lor a grand convention of all the people of this class to assemble at Leavenworth on the 14th of No- vember. The object of this movement was to quiet down all peace- able citizens who cared for little beyond the improvement of their claims^ into submission to the laws of the foreign Legislature. They very clearly saw that they could not always force the citizens to acknowledge and obey them. It had been concocted by the officers and politicians in the Territory and on the Border with a view to frustrate the free state movement, after which the people seemed to be running. The convention met and the celebrated " Law and Order Party" was organized. It was slimly attended, composed chiefly of pro-slavery men of Leavenworth and Missouri. Governor Shannon was elected chairman and made quite an eloquent speech in favor of obedience to law. lie was reported delegate from Douglas County, where he did not then reside. It was a most unbecoming and imprudent act, if not indecent and highly reprehensible, in entering such a mock convention of law and order, accepting the leadership, and calling upon them, the most lawless and reckless in the whole country, most of whom were Mis- sourians, to assist in preserving order. He denounced the movement of free state men as treasonable, and that it must be crushed. General Calhoun, the Surveyor General, made an in- tensely partisan speech. It was filled with vituperation and low slang. Pro-slavery journals eulogized it for weeks afterwards. Upon General Calhoun's taking his seat, Mr. Parrott rose 212 HISTORY OF KANSAS TERRITORY. to speak, but was prevented by various motions of other members. After making repeated calls for the attention of the chair he was finally recognized. He began his speech, but was constantly interrupted by groans and hisses and cries of '' put him out." Finally Dr. Stringfellow slyly whispered to him that the crowd did not wish to iiear a free state man speak. Mr. Parrott claimed to reverence the law, but the laAv and order men would not listen to him simply because he was a free state man. Judge Lecompte was there and endorsed Mr. Calhoun's speech. Daniel "Woodson joined in the chorus for ''law and order.'^ Thus the Governor, Secretary, Chief Justice and Surveyor Gen- eral held conspicuous places in this '' law and order" assem- bly. Says one speaker, " We must enforce the laws, though we resort to the force of arms ; trust to our rifles and make the blood flow as freely as do the turbid waters of the Mis- souri that flows along our banks." 1855.] BEGINNING OF THE WAKARUSA WAR. 213 CHAPTER XX. BEGINNING OF THE WAKARUSA"^ WAR. I ^ During the summer and fall there were frequently dis- putes in reference to claims by diflerent parties, which some- times resulted in personal violence and bloodshed. This was especially the case whenever the two conflicting polit- ical elements sought the occupancy of the same neighbor- hood or grounds. AVherever there was a choice locality the first immigrants, of course, laid claim to it. These -would frequently consist of free and slave state men. Each would seek to introduce andcrather around them immi2:rants of their owm political faith. The grounds being nnsurveyed, no courts of justice at hand, inflamed by political excitement, angry contentions and collisions were of frequent occur- rence. An instance of this character took place at Hickory Point, about ten miles south of Lawrence, on the Santa Fe road, which led to what is termed the Wakarnsa war. Hickory Point was a beautiful site of timber and prairie. The first settlers were chiefly from Indiana, but, as in many other cases, some of the original occupants had left their claims and returned to the States. Several Missourians came in *This is the name of a large creek running south of Lawrence about four miles' It is so named from «n Indian legend, which says that a maiden, during a great freshet, sought to cross it on horse back. As she proceeded across, the waters became deeper and deeper, until her body was half immersed, when she exclaimed, '' Wakarufal" (hip deep) Though she crossed in safety, still the savages, from this occurrence, named the stream Wakarusa. 25 214 HISTORY OF KANSAS TERRITORY. and took tliose claims tlms forfeited according to Squatter laws, and fraudulently seized others. Among those who thus came in, was Franklin Coleman. DifHculties soon ensued between the new comers and the old settlers, which were increased by the return of the orig- inal claimants of those lands forfeited by absence. Each party sought to strengthen and increase its numbers. The leader among the free state men, Jacob Branson, had encouraged a young man by the name of W. Dow to settle upon an un- occupied claim. The pro-slavery men would commit trespasses upon the premises of the free soilers, by cutting their timber, burning lime kilns, and appropriating lumber to their own use. Such acts of depredation Coleman committed upon the premises of Dow. The latter determined not to allow this, and notified Coleman that he must stop his tres- passes. On the morning of the 21st of November Mr. Dow went from liis boarding place, Mr. Branson's, to a blacksmitli shop a short distance off, and while there was abused and threatened by some pro-slavery men. As he started to re- turn home, one of those who had been most violent in de- nouncing Dow. raised his gun to slioot him, but his cour- age failed in the murderous act, and he dropped his weapon. On liis way home Mr. Dow fell in company with Mr. Coleman. They conversed together until they arrived opposite Coleman's house. Here they separated ; one turned to go up to the house, the other continued in the road ; but in a moment Dow was startled by the snap of a gun. He turned round and beheld Coleman putting a fresh cap upon his gun, While the innocent man, with arms upraised to- wards heaven, implored mercy, Coleman deliberately lev- eled his piece and, witli a sure aim, fired. The whole dis- charge of slugs and buckshot entered Dow's breast and neck, and he fell backwards upon the ground — dead. The murderer fled to Westport, where, after consultation I 1855.] BEGINNING OF THE WAKAllUSA WAIl. 215 With his friends, in compliance with their suggestions, he proceeded to surrender himself up to Governor Shannon. But this official being absent, he threw himself into tlie cus- tody of S. J. Jones, This latter person had been appointed Sheriff ot Douglas County by the Territorial Legislature, although he lived in Westport and was acting postmaster there. He had the appearance of a gentleman, but in those ' vii"^ "Rescue of Branson.'* 1855.] BEGINNING OF THE WAKARUSA WAR. 219 sault upon one of tlieir most peaceable and oldest citizens. To aggravate the offense still more, the Sheriff had never exhibited any authority by which the arrest was made, nor stated the cause of it. The excited and indignant farmers liurried to the rescue of one of their number, from what they imagined to be a ruffian mob. The rescued and rescuers passed on to Lawrence, where they aroused the citizens. The drum and fife rang out on tlie stillness of the night, and the awakened inmates of the httle city hastened to ascertain the cause of so unusual a dem- onstration. The squad of rescuers drew up before Dr. Rob- inson's house, and Mr. Branson stepped out and told the story of his wrongs. Early on the following day, a public meeting was held to counsel together upon the events that had just transpired, nnd the course to be pursued with reference to them. All knew and felt that the drama w^as not finished. By the more youthful and passionate it Avas at first resolved to re- sist every attempt at arrest by the Territorial authorities. But discretion and prudence prevailed over excitement and rashness. As Lawrence had nothing to do with the rescue or any of the late disturbances at Hickory Point, it was thought best that she should not assume the responsibihties of them. It was known that the Missourians were but too ready to find an excuse for an attack upon the town. From the threats that Jones had made to the rescuers, from the information derived from other sources and what they knew of the character of the Missourians, all felt that an invading horde would soon be upon them. It was finally decided that Lawrence should have nothing to do with the recent irregular proceedings ; that Branson and those connected with the rescue should leave the to^m. Thus every pretext for an attack upon the place was re- moved. It was thought proper, however, that some meas- ures of self-defense should be taken, and the following com- mittee of ten persons was appointed to provide for the pro- 220 HISTORY OF KANSAS TERRITORY. tection of the town against armed aggression : G. P. Low- erj, chairman, G. W. Hutchingson, C. Robinson, G. W. Deitzler, C. W. Babcock, G. W. Brown, E. Morrow, J. Mil- ler, A. H. Mallory, J. S. Emery. It was tlie express under- standing that this committee was to provide, not for the purpose of aggression nor to shield any person from de- served punishment, but to protect the town against armed invaders then assembling around Lawrence. It was the design, it is thought, on the part of pro-slavery men to have taken Branson to Lawrence, where they ex- pected he would be rescued by the citizens, which would furnish a good pretext for its demolition. Long before this time the place had been threatened — in fact, from the first week that the pioneer emigrants pitched their tents upon the town site, border rufiians menaced it. There is no doubt that the arrest of Branson was a plot by which to involve the colonists in open conilict with the Territorial Government, or compel them to a recognition of the bogus laws. Sheriff Jones, somewhat thwarted in his design by the unexpected movement of the free state men, on returning to Franklin, in his wrath, sent a dispatch to Colonel Boone, of Westport, Missouri, at the same time remarking, " That man is taking my dispatch to Missouri, and by G — d I'll have revenge before I reach Missouri." In the course of an half hour he wrote a dispatch and sent it to the Governor, of which the following is a copy : "Douglas County, K. T., E'ov. 27, 1855. •' Sir : — Last night I, with a posse of ten men, arrested one Jacob Branson, by virtue of a peace warrant regularly issued, who, on our return, was rescued by a party of forty armed men, who rushed upon us suddenly from behind a house upon the roadside, all armed to the teeth with Sharp's rifles. " You may consider an open rebellion as having already commenced, and I call upon you for three thousand men to 1855.] BEGINNING OF THE WAKARUSA WAR. 221 carry out the laws. Mr. liargis, the bearer of this letter, will give you, more particularly, the circumstances. "Most respectfully, Samuel J. Jones, " Sherift' of Douglas County." , " To his excellency, William Shannon, Governor of Kansas Territory." Where Mr. Jones expected the Governor to procure three thousand men, does not appear from the letter. There was no organized militia in the Territory. The Shawnee Legis- lature had appointed three officers for the militia, but be- yond that there had been no militia organization effected. The Governor, on receiving the dispatch, sent the following to Mr. Richardson : " Headquarters Shawnee Mission, " K. T., Nov. 27, 1*855. "William P. Richardson, Major General: " Sir : — Relialile information has reached me that an armed military force is now in LawTence, or in that vicinity, in open rebellion against the laws of this Territory, and that they have determined that no process in the hands of the Sheriff of that county shall be executed. I have received a letter from S. J. Jones, the Sheriff of Douglas County, in- forming me that he had arrested a man under a peace war- rant placed in his hands, and while conveying him to Le- compton, he was met by an armed force of some forty men, who rescued the prisoner from his custody, and bid open defiance to the laws. I am also duly informed that a band of armed men have burned a number of houses, des- tro3'ed personal property, and turned whole families out of doors. This has occurred in Douglas County. Warrants will be issued against these men, and placed in the hands of Mr. Jones, the Sheriff of that county, for execution, who has written to me demanding three thousand men to aid him in preserving peace and carrying out the process of the law. " You are hereby ordered to collect together as large a force as you can in your division, and repair without delay to Lecompton, and report yourself to S. J. Jones, Sheriff of Douglas County. You will inform him of the number of 26 222 HISTORY OF KANSAS TERRITORY. men under your control, and render bim all the assistance in your power, should ho require your aid in the execution of any les^al process in his hands. The forces under your command" are to be used for the sole purpose of aiding the Sheriif in executing the law, and for none other. " I have the honor to be, your obedient servant, " AViLSON Shannon." A similar dispatch was sent to General Strickler at Te- cumseh. Meanwhile Colonel Boone had been busy rallying the Missourians. He issued an inflammatory appeal to the peo- ple, stating that not only had Branson been rescued from the hands of the Sherifi', but that pro-slavery men in tlie Territory were every-Avhere fleeing for their lives, and that their houses were burnt down and the inmates driven upon the open prairies. The excitement soon spread all over Western Missouri. The Blue Lodges were put into requi- sition. Men were called upon in every town and neighbor- hood to join a company and hurry to the assistance of their brethren in Kansas ; that the great battle was to be fought in which if they were defeated the cause would be lost. Those that could not go themselves were compelled to con- tribute towards defraying the expenses of those who volun- teered and would go. At Liberty, Missouri, two hundred men and one thousand dollars were raised in one day "to assist Jones." The following dispatch was sent out from Independence, signed by some of the leading citizens of the place : " Jones will not make a movement until there is a sufli- cient force in the field to insure success. We have not more than three hundred men in the Territory. You will, therefore, urge all who are interested in the matter to start immediately for the seat of war. There is no doubt in re- gard to having a light, and we all know that many have complained because they were disappointed heretofore in regard to a fight. iSay to them, now is the time to show f 1855.] BEGINNING OF THE WAKARUSA WAR. 223 game, and if we arc defeated this time, the Territory is lost to the South." The day after the occurrence, L. J. Eastin, Brigadier- General ot the 2d Brigade of the Kansas MiHtia, issued an order, caUing the militia of his brigade to meet on the first day of December at Leavenworth, " armed and equipped according to law, and to hold themselves in readiness, sub- ject to the order of Major-General "VV. P. Richardson.'" The following is the appeal as was printed upon the same hand-bills, which were ; circulated through the counties across the river in Missouri : " TO ARMS ! TO ARMS ! " It is expected that every lover of law and order will rally at Leavenworth, on Saturday, December 1st, 1855, ])repared to march at once to the scene of rebellion, to put down the outlaws of Douglas County, who are committing depredations upon persons and property, burning down houses and declaring open hostility to the laws, and have forcibly rescued a prisoner from the Sheriff. Come one. come all ! The laws must be executed. The outlaws, it is said, are armed to the teeth, and number one thousand men. Every man should bring his rilie, ammunition, and it would be well to bring two or three days' provisions. Let the call be promptly obeyed. Every man to his post and do his duty. Many Citizens." In a few days Governor Slionnon issued the following proclamation, which was sent to various pro-slavery towns, but no others : " PROCLAMATION. ''Whereas, Reliable information has been received that a numerous association of lawless men, armed with deadly weapons, and supplied with all the.implements of war, com- bined and confederated together for the avowed purpose of opposing, by force and violence, the execution of tlie laws of this Territory, did, at the county ^f Douglas, on or about the 2Gth of this month, make a violent assault upon the 224 HISTORY OF KANSAS TERRITORY. Sheriif of said county, with deadly weapons, and did over- come said officer, and did rescue from his custody, by force and violence, a persoa arrested by virtue of a peace-warrant, and then and there a prisoner, holden by said Sheriff, and other scandalous outrages did commit in violation of law. "And Whereas, Also, information has been received that this confederate band of lawless men did, about the same time, set fire to and burn down a number of houses of peace- able and inoffensive citizens, and did destroy a considerable amount of personal property, and have repeatedly pro- claimed that they would regard no law of this Territory, resist by force of arms all officers, and those aiding and those assisting them in the execution of the laws, or any process issued in pursuance thereof; "And ^yIIEREAS, also I have received satisfactory informa- mation that this armed organization of lawless men have proclaimed their determination to attack the said Sheriff of Douglas County, and rescue from his custody a prisoner, for the avowed purpose of executing him without a judicial trial, and at the same time threatened the life of said Sherift', and other citizens. " jSTow, therefore, to the end that the authority of the laws may be maintained and those concerned in violating them brought to immediate and condign punishment; that the Sheriff of Douglas county may be protected from lawless violence in the execution of lawful w^arrants and other pro- cesses in his hands, I, Wilson Shannon, Governor of said Territory, have issued this, my proclamation, calling on all well disposed citizens of this Territory to rally to the sup- port of the laws of their country, and requiring and com- manding all officers, civil and military, and all other citizens of this Territory, w^ho shall be found within the vicinity of these outrages, to aid and assist, by all means in their power, in quelling this armed organization, and to assist the said Sheriff and his deputies in recapturing the above named prisoner, and aid and assist him in the execution of all legal processes in his hands. And I do further command that the District attorney for the district in which these out- rages took place, and all other persons concerned in the ad- ministration or execution of the laws, cause the above offend- 1855.] BEGINNINCr OF THE WAKARUSA WAR. 225 ers, and all such as aid or assist them, to be immediately arrested and proceeded with according to law. " Given under my hand and the seal of this Territory, this 29th day of ISTovember, in the year of our Lord, eighteen hundred and fifty-five. " [L. S.] Wilson Shannon. "By the Governor. " D. Woodson, Secretary of the Territory." Secretary Woodson, understanding the pro-slavery plan to conquer Kansas better than the Governor, and desiring to serve the cause all he could, wrote to Senator Atchison as follows : " Dear General : — The Governor having called out the militia, this is to inform you to order out your division and anoi proceed forthwith to Lecompton. The Governor not having the power-, you can call out the Platte County rifle company, as our neighbors are always ready to help us. Do not implicate the Governor, whatever you do. "Daniel Woodson." It is doubtful whether the Secretary ever wrote this, but it was penned by somebody, sent to Platte City and read to a large public meeting, and it had the eftect to bring over the Platte County liiflemen, with their distinguished leader. 226 HISTORY OF KANSAS TERRITOIIT. CHAPTER XXI. WAKARUSA WAR. The people of Missouri were not long in responding to tlie call of their fellow-citizen, Mr. Jones, for help. On the 29th of Novemher, only two days after the word had been sent, a company of about fifty, from the neighborhood of Westport and Independence, arrived and encamped at Franklin, about four miles below Lawrence. These were the first reinforcements that came to the relief of the Sheriff". For several days from this time companies almost constantly arrived. In Clay County they seized the arms from the United States arsenal, rifies, swords, revolvers, three 6-pounders, ammunitions, &c. For two or three counties back from the western line of Missouri, troops were sent fully equipped and expecting a fight. In three days more the Sheriff of Douglas County mustered a posse of about fifteen hundred men. Said Governor Shannon, "Missouri sent not only her young men, but her gray-headed citizens were there. The man of seventy winters stood shoulder to shoulder with the youth of sixteen. There were volun- teers in that camp who brought with them not only their sons, but their grandsons, to join, if need be, in the expected fray. Every hour added to the excitement, and brought new fuel to the fiame." / The main ibrco was encamped near Franklin, in the Wakarnsa bottom, and was' known as the " Wakarusa En- 1855.] WAKARUSA WAR. 227 campment." The other wing of the army Avas in position near Lecompton, under the joint command of Strickler and Ixichardson. These forces were chiefly from Platte and Buchanan Counties, Missouri. There were ahout fifty pro- slavery residents among them, priaicipally Kickapoo iiana'ers. At no time in all the encampments of the invading forces were there more than eighty residents of the Territory. Opposite Lawrence, on the north side of the Kansas River, some two hundred riflemen from Platte County were sta- tioned, under the command of Hon. D, R. Atchison, who had come in response to Secretary Woodson's call. The object of the pro-slavery Generals in thus surround- ing the town was to prevent the escape of those for whom the Sheriff had writs to arrest, and to cut off all communi- cation with the beleagued city. The intervening country between the encampments, was constantly scoured by monnted patrols. The editors of the " Squatter Sovereign" both entered upon the crusade and left their press idle. Here are their words when on the eve of the expedition : " In view of the exciting state of affairs, the Governor of Kansas has called out the Militia to execute the laws. Men are hourly passing our ofhce with their guns on their back, going to the assistance of the officers of the law. A large company with two pieces of artillery have started from Atchison county. As both of the editors of this paper are going to the seat of war, we have no time to enter further particulars. We anticipate blood-shed, and loc, the junior, expect to v)ade ivaist deep in the blood of the abolitionists J' Meanwhile active prejmratious were going on at Law- rence for the reception of the armed host. The rescuers who lived at Hickory Point had returned home. Messrs. S. :N". Wood, S. F. Tappan and S. C. Smith, all of whom lived at Lawrence, and who were connected with the rescue, and Branson, remained. When it was ascertained that a farce was gathering on the Wakarusa, in order not to jeop- 228 HISTORY OF KANSAS TERRITORY. ardize the safety of the town for their protection, all those concerned in the rescue, who lived at Lawrence, were re- quested to leave. This was evidently a very prudent and judicious measure, as Lavv^ence had taken no part in the rescue, and was in no way responsible for it; besides it would leave an attack upon the town wholly unjustifiable. The Committee of Safety first organized the citizens into guards, from fifteen to twenty in a squad, by enrolling them and taking the places of their residence, in order to call them out at any moment. B}^ this measure the people were enabled to pursue their daily engagements, and be ready to fly to arms at a given signal. The Committee of Safety, as affairs grew more threat- ening, sent the following call for assistance through the Territory : " Fellow-Citizens : — "We, whose names are annexed hereto, having been appointed a Committee of Public Safety by the citizeus of Kansas, assembled at Lawrence, for the purpose of defending it from threatened invasion by armed men now quartered in its vicinity, hereby deem it necessary to call upon you to come to our aid fully prepared for any emergency. [Signed,] Committee op Safety. "Lawrence, K. T., December 4, 1855." The news of the invasion and the designs of the Missou- rians to destroy Lawrence, spread over the country, and free state men from every quarter, rushed to the assistance of the threatened people. They came in squads and com- panies; the one from Topeka, numbering one hundred men, w^as the largest. On the 2d of December, a delegation from Leavenworth arrived, to expostulate with the citizens and to council peace. But they found that they had entirely misapprehended the position of the assailed — that they were strictly on the defensive. This delegation brought the Gov- ernor's proclamation, and fuller accounts of the gathering forces from Missouri. The proclamation, which was filled with gross misrepresentations and misstatements, awakened 1855.] WAKARUSA WAR. 229 deep indignation. A committee was appointed to answer it, in behalf of the people, which reported as follows : "That the allegations contained in the proclamation aforesaid are false in whole and in part ; that no such a state of facts exist in this community ; that if such representa- tions were ever made to Governor Shannon, the person or persons who made them have grossly deceived him ; that no association of lawless men armed with deadly weapons has been formed, in this community for the purpose ot re- straining the laws of the country, trampling upon the au- thority of its officers, destroying the property of its peace- able citizens, or moleeting any person in this Territory, or elsewhere in the enjoyment of their rights." The Executive of the United States was invoked to lend protection by the following dispatch : " To his Excellency, the President of the United States: " Sir : — We, the citizens of Kansas Territory, notify you that the city of Lawrence is besieged by armed men from a neighboriug State, committing depredations upon the un- ofl'ending citizens of said Territory, stopping and arresting persons, and seizing the property of travelers, threatening the destruction of said city and its inhabitants. The law- less assemblage, it is claimed, is here under the authority of Wilson Shannon, Governor of said Territory. We trust you will take such steps as will remove this armed horde from our borders, and restore peace to our people. " Marcus J. Parrott, "J. H. Lane, " J. S. ExMERY. "Laavrence, December 4, 1855." The following letter was sent to Colonel Sumner at Fort Leavenworth, signed by the Committee of Safety : "Sir: We, the Committee of Public Safety, appointed by the citizens of Kansas Territory, assembled at Lawrence, being beleagued by a body of armed who have niarclicd here from a neighboring State, and who are threatening the 27 230 IIISTOIIY OF KANSAS TERRITORY. town of Luvv'rence witli destruction, nnd our citizens with immediate death, as well as committing all manner of dep- redations upon iiuofFending travelers on the highway, all of which is heing done without our being able 'to under- stand the cause of provocation, therefore, if consistent with your discretion and duty, we request of you a sufficien.t force from your command to quell this riot, and prevent further invasion of our peace and safety.'' The following memorial was prepared and sent to Con- gress : '* To the Honorable the United States Senate and House of Rejjresentativcs in Congress assembled: Your memorialists, citizens of the United States, and residents of Kansas Ter- ritory, respectfully represent unto your Honorable body, that, without any justifiable cause whatever, Governor Shannon has caused to be issued a proclamation, and under it military orders have been issued, calling upon the militia of Kansas and Missouri to meet at certain points within the Territory, armed and equipped, and to march against cer- tain portions of our people and territory. Copies of such proclamation, military orders, and a letter from Daniel Woodson, Secretary of the Territory, to Lucien J. Eastin, editor of the ' Kansas Herald,' are herewith inclosed, from which it will be seen that your memorialists are exposed to the authorized march of a military force from Missouri, who are arresting our citizens, and committing depredations on persons and property, only known in cases of war be- tween hostile countries. Devoted, as we are, to the Consti- tion and the Union, and estimating neither as secondary to slavery, we earnestly invoke the interposition of Congress so far as to send for persons and papers to substantiate the truth of our statements herewith inclosed. [Signed by a very large number of the citizens of Kansas.] '' Kansas Territory, l)ec. 5, 1855." Meantime Lawrence was put in an attitude of self-defense. The Committee of Public Safety appointed Dr. Charles Robinson commander-in-chief of all the forces, and Colonel J. H. Lane second in command. The following are the com- panies under their different commanders: Lawrence Stubbs, 1855.] WAKARITSA WAK. 281 Lyman Allen; Blooniington, tSaniuel AV^alker; Wakarusa. Abbott ; Ottow'a Creek, Shore ; Palmyra, McWhenny ; Pot- towattomie, John Brown, who came with his four sons, arms and ammunition. Many citizens came in not belong- ing to any company, until the forces numbered about 1,000 men, 800 of whom were enrolled and under drill. Every house was tilled with soldiers. The Free State Hotel was used for barracks, in which several hundred men were quartered and fed. This large body of men were pro- visioned by the voluntary contributions of the citizens. General Lane superintended throwing up the fortifica- tions and gave directions for their construction. The first and largest redoubt was erected on Massachusetts Street, near the crossing of Pinckney Street. It was circular, made of hewed timber, against which was thrown up a strong earth embankment with a deep entrenchment surrounding it, and was al)out five feet high, and four feet wide on top. This fortification was under the command of Judge G. W. Smith, who held the rank of Colonel for the defense of Lawrence. It was designed as a retreat for women and children in case of an attack. The second redoubt was on Massachusetts Street, uear Henry, under the direction of J. A. Wakefield, who held a commission of Colonel for the defense of Lawrence. "This liad bastions, and it was the design to have planted the cannon here, it having a good range of the open prairie in every direction. The third VN-as a circular redoubt erected on an elevation a little north of Henry Street, between Massachusetts and iSTew Hampshire Streets, under the direction of Colonel Morris Hunt. The fourth was also a circular earth redoubt erected under the superintendence ot Colonel C. Iv. Ilolli- day, a few rods south of Port Wakefield, with the view of meeting an attack from Mt. Oread, should one be made, which was within the range of Sharp's rifles. The fifth was 232 HISTORY OF KANSAS TERRITORY. on ETciituekj Street, commanding an entrance trom a ravine on the west. Lawrence was thus suddenly changed into a military en- cain|)nient iilied with armed soldiers, and surrounded by fortitieatious. A brass cannon was procured from Kansas City in disguise by Mr. BufFum. Mrs. S. xs". Wood and Mrs. G. AV. Brown conveyed into town a quantity of ammunition from the country through the enemy's lines under crinoline cover. Man}^ of the ladies were en- gaged in making cartridges while the men watched and drilled. Free access was had to the city at nil times and by all persons. The leaders of the invading forces would fre- quently come in and reconnoitre without being disturbed. Sherilf Jones, when in town once, was asked what he w^as going to do with the troops on the Wakarusa ; to which he replied, "I'll show you when I get ready." He made no attempts to arrest any person. IS. N. Wood went up and shook hands with him one day and. invited, him home to dine. The pro- slavery men, learning of the determined spirit and strength of the free state men, feared to make an attack. Brigadier-General Eastin wrote, therefore, to Governor Shannon as follows : " Governor Shannon : " Information has been received here direct from Law- rence, which I consider reliable, that the outlaws are well fortified at Lawrence with cannon and Sharp's rifles, and number at least one thousand men. It will, therefore, be difficult to dispossess them. " The militia in this portion of the State are entirely un- organized, and mostly without arms. " I suggest the propriety of calling upon the military at Fort Leavenworth. If you have the power to call out the Government troops, X think it would be best to do so at once. It might overawe these outlaws and prevent blood- shed. T. J. Eastin, " Brig.-Geu. Northern Brigade K. M." 1855.] WAKARUSA WAR. 233 The Governor at once telegraphed to Washington, repre- senting to tlie President the recent difficulties in the Terri- tory, and soliciting authority to call to his relief the United States troops. He also sent a dispatch to Colonel Sumner at Fort Leavenworth to hold himself and command in readiness in case the orders should be received, to which he obtained the following judicious reply: " Headquarters First Cavalry, |_ Fort Leavenworth, December 1, 1865. j " Governor : " I have just received 3^our letter of this day. I do not feel that it would be right in me to act in this important matter until orders are received from the Government. I shall be ready to move instantly v/hen I receive them. I would respectfully suggest that you make your application extensively known at once, and I would countermand any orders that may have been given for the movement of the militia until you receive the answer. I write this in haste. " With much respect, your obedient servant, "E. V. Sumner, " Colonel First Cavalry." The Governor immediately adopted the suggestions of Colonel Sumner, and sent letters to Sheriff Jones and Gen- eral liichardson to that effect. As both letters were in sub- stance the same, only the one to Jones is here given : " Executive Mansion, 1 Shawnee Mission, K. T., Dec. 2d, 1855. f " Sir: I am in receipt of Colonel Sumner's reply to my dispatch, in which he informs me that he will be ready at a moment's warning to move with his w^iole force, if desired, on tlie arrival of his orders from Washington. My tele- graphic dispatch to the President must have reached its destination by this time, and an answer should soon come to hand. I have no doubt but that the authority I have re- quested — to call upon the LTnited States troops — will be granted. Under these circumstances you will wait until I obtain the desired orders, before attempting to execute 234 HISTORY OF KANSAS TERRITORY. your writs. This will save any effusion of blood, and may have a moral influence hereafter, which would prevent any further resistance to law ; for Avhen these lawless men find that the forces of the ITnited States can be used to preserve order, they will not be so ready to adopt an opposite course. And, if necessary, steps will be taken to station an adequate number in the disturbed district to protect the people against mob violence, and to secure the fulfillment of the laws. " You will retain a sufficient force to protect yourself and guard your prisoner. Any thing beyond this liad better re- main at a distance, until it can be ascertained whether their aid will or will not be needed. The known deficiency in arms, and all the accoutrements of war, which must neces- sarily characterize the law-abiding citizens who have rushed to your assistance in the maintenance of order, will invite resistance from 3^our opponents, who are well supplied with arms. It would be wrong, therefore, to place your men in a position where their lives would be endangered, when we shall, in all probability, have an ample force from Leaven- worth in a few days. "Show this letter to ^lajor-General Richardson, and also to General Eastin, who, as I am advised, have gone to your aid.- Their destination is Lecompton, but they will join you wherever you are. Their forces are but small, and may be required for your protection until advices are received from Washington. I send you, with this, a communication to General Kich- ardson, which you will please deliver to him at as early a day as practicable. As I refer him to this my letter to you, for my views, you will permit him to read it. Let me know what number of warrants you have, and the names of the defendants. I shall probably accompany Colonel Sumner's command. '•' Yours, with great respect, " Wilson Shannon. " Sheriff Jones, Lecompton," The Sheriff did not like the idea of the United States troops interposing, and thus spoiling the plot he had laid for the destruction of Lawrence. He, therefore, replied to the Governor as follows : 1855.] WAKARUSA WAR. 235 " Camp at Wakarusa, December 3, 1867. "■ Jlis LKCccUency, Governor Wilson Shannon: -'Sir : — In reply to your communication of yesterday I liave to inform you that tlie volunteer forces now at this place and at Lecompton, are getting -weary of inaction. They will not, I presume, remain but a short time longer, unless a demand for the prisoner is made. I think that I shall have a sufficient force to protect me by to-morrow morning. The force at Lawrence is not half so strong as reported, I have this from a reliable source. If I am to wait for Government troops, more than two-thirds of the men now here will go away very much dissatisfied. They are leaving hourly as it is. I do not, by any means, wish to violate your orders, but I really believe that if I have a sufficient force, it would be better to make the demand. " It is reported that the people of Lawrence have run off those oftenders from that town, and, indeed, it is said they are now all out of the way. I have writs for sixteen per- sons, who were with the party that rescued my prisoner. S. iT. Wood, P. R. Brooks and Samuel Tappan are of Law- rence, the balance from the country around. Warrants will be placed in my hands to-day for the arrest of G. W, Brown, and probably others in Lecompton. They say that they are willing to obey the laws, but no confidence can be placed in any statement they may make. " ISTo evidence sufficient to cause a warrant to be issued has as yet been brought against those lawless men who fired the houses. " I would give you the names of the defendants, but the Avrits are in my office at Lecompton. " Most respectfully yours, "■ Samuel J. Jones. " Sheriff of Douglas County." General Richardson replied to the Governor, urging that the people of Lawrence should be made give up their arms, lie began to feel that their shadowy pretext was not suffi- cient for assailing and destroying the town, or else he was afraid to undertake it while the free state men had arms in their hands. He knew very well that this demand would be resisted, and that if complied with the free state men 236 HISTORY OF KANSAS TERRITORV. would be left at the merc}^ of the Border Euffians. He earnestly solicited authority to make this demand as the only effective mode to compel obedience to the laws. Governor Shannon having received, in reply to his, a dis- patch from the President, assuring him that authority should be sent to use the United States troops in the en- forcement of the laws, as soon as the orders could be made out and transmitted from the War Department, communi- cated this intelligence to Colonel Sumner, and requested his assistance on the strength of it. Colonel Sumner at first agreed to march with his troops to the assistance of the Governor, but upon more mature reflection, declined to move until his orders from Washington should arrive. About this time the chief men of Lawrence resolved to open communications with Governor Shannon. Accord- ingly a letter was written, of which the following is a copy : " To His Excellency, "Wilson Shannon, Governor r>f Kansas Territory : " Sir: As citizens of Kansas Territory, we desire to call your attention to the fact that a large force of armed men from a foreign State have assembled in the vicinity of Law- rence, are now committing depredations upon our citizens, stC'pping wagons, opening and appropriating their loading, arresting, detaining and threatening travellers upon the public road, and that they claim to do this by your author- ity. We desire to know if they do appear here by your authority, and if you will secure the peace and quiet of the community by ordering their Instant removal, or compel us to resort to some other means and to higher authority." Signed by Committee. . Messrs. G. P. Lowery and^C. W. Babcock were selected to bear this letter to the Governor, and to make further ver- bal statements. On the fifth of December they set out for Shawnee Mission, where after repeated interruptions by the Missouri guards, they safely arrived, and obtained an inter- view with his Excellency. They explained to him that the 1855.] WAKARUSA WAR. 237 Territorial UnA's had nothing to do with the excitement and dangers threatening Lawrence ; that they were getting ready at that phxce to fight for their lives, and the only question was whether he would be the particeps criminis to their murder, or the murder of somebody else, should they all be slaughtered. They explained to him that the rescue, upon which he based his proclamation, took place a num- ber of miles from Lawrence ; that there were but three per- sons living in Lawrence who were alleged to have had any thing to do with it, and that these had left the town and v.'ere not there at all; that from what they could judge of the intentions of the force on the Wakarusa, at Lecompton and in the country about, from their own declarations, they intended to destroy the town for a thing in which its peo- ple had had no part or parcel. The Governor at first declared that the people of Lawrence had burned sixteen houses of pro-slavery men and driven their families from the country; to which it was replied that the two or three houses which had been burnt were ten miles from Lawrence, ana those of its citi- zens engaged in the rescue were in town at the time these were burnt ; that the pro-slavery men with their families had left these houses of their own accord before the burn- ing of them occurred, and that they very probably set them on fire themselves. The Governor then refer- ferred to the many resolutions and threats that free state men had made at their conventions that they would not obey the Territorial laws, and would resist them; to which it was replied that they had never resolved to resist them until all peaceable measures should fail to enable them to throw ofl:" the yoke of oppression. The Governor, from the misrepresentations sent him, and the want of acquaintance with the people of Lawrence, and free state men generall}^, which he had never sought to ac- quire, had misapprehended the condition of things in and about this town. He was surrounded, too, by evil advisers 28 238 HISTORY OF KANSAS TERRITORY. who coveted the destruction of Lawrence, and with charac- teristic failing, gave way to the influence ahout him. Let not posterity judge his conduct too harshly. He was evi- dently in favor of making Kansas a slave State, and was disposed to favor pro-slavery men. But he, hy no means, desired to destroy or injure free state men. There was nothing blood thirsty about him, and his soul recoiled with liorror at the idea of a deadly collision between the parties at Lawrence. From what he had been recently informed, he saw that an assault upon the town would be totally un- called for ; and, as he sa3^s, " aifairs in Lawrence and vicinity were fast coming to a crisis" — he felt that the moment for him to act understandingly, and to avoid bloodshed, had ar- arrived. He, therefore, '' determined to repair to the scene of difficulties immediately, in person." The Governor, on arriving at the Wakarusa camp, was convinced more than ever, from what he beheld, that some- thing must be done quickly in order to prevent an effusion of blood. He found the Missourians there, sure enough, in multitudes, from youth to old age. He found, too, that '' those men came to the Wakarusa camp to tight ; they did not ask peace ; it was war — war to the knife. They would come ; it was impossible to prevent them." He " found a disposition, which appeared to be almost universal, to attack Lawrence." He resolved upon his course and entered upon the praiseworth}', yet thankless, part of a mediator. He called together in conference thirty or forty of the leading men from both pro-slavery camps, and laid before them the plan which he wished them to pursue. He only iound one person who would accede to it. The most of them " would hear of nothing less than the destruction of Lawrence and its fortifications, the demolition of its print- ing presses, and the unconditional surrender of the arms of its citizens; others, more moderate, expressed a Avillingness to be satisfied if the free state party would give up their Sharp's rifles and revolvers. Under these circumstances the 1855.] WAKARUSA ^VAR, 239 conference broke uj) at midnight, having accomplished iiotliing beyond tlie interchange of opinions on either side." The Governor discovered a fixed pnrpose on the part oi" j)i-o-slavery men to attack the town, and in order to avert such a sad calamity, he resolved to make another attempt to secm'e the inmiediate interposition of the United States forces. He, therefore, wrote the following letter : " Wakarusa, December 6th, 1855. •' Colonel Sumner, First Cavalry TJ. S. : " Sir: I send you this special dispatch to ask you to come to Lawrence as soon as you possibly can. My object is to secure the citizens of that place, as well as others, from a warfare which, if once commenced, there is no telling where it will end. I doubt not that you have received orders from Washington, but if you have not the absolute pressure of this crisis is such as to justify you with the President, and the world, in moving with your force to the scene of difli- culties. " It is hard to restrain the men liere {they are beyond my power, or at least soon will be) from making an attack upon Lawrence, Avhich, if once made, there is no telling where it may terminate. The presence of a portion of the United States troops at Lawrence would prevent an attack — save bloodshed, and enable us to get matters arranged in a satis- factory way, and at the same time secure an execution of the laws. It is ■peace, not roar, that roe want, and you have the power to secure peace. Time is precious — fear not that you Avill l)e sustained. " With great respect, " A7iLS0N Shannon." How different the language of this letter to the one pre- viously sent to the same commander. It was then to oper- ate against Lawrence that he wanted troops ; it was now to protect it from the frenzy of a mob. It was then war, but now peace, wliich was wanted to preserve law and order. The Missourians, informed of this step taken by the Gov- ernor, determined to intercept the dispatch at Kaw River Crossing. Their object in doing this was '*• to prevent tlie 240 . HISTORY OF KANSAS TERRITORY. arrival of the United States troops, who, they feared, would restrain them from attacking Lawrence. By gaining time they expected to make the assault before any force could be brought to mediate between the conflicting parties." The Governor, informed of the plot by General Strickler, dispatched a courier at 2 o'clock A. M. by an unusual route, who safely conveyed the letter to Colonel Sumner. The Colonel replied that he regretted extremely that he was compelled to disappoint Mr. Shannon ; that the more he reflected upon the matter the more he was of the opinion he should not interpose with- out orders; that he stood ready to march by night or by day when these should arrive. He suggested that the pro-slaver}^ men might be induced to pause a short time ])y being told that orders were momentarily expected from the General Government, and that " there was little doubt but that these orders framed from an enlarged view of the the whole difficulty, would give general satisfaction, and set- tle the matter honorably to both parties." The following letter to General Eichardson, from J. C. Anderson, member of the bogus Legislature, will show the determination and desperation of the forces encompassing Lawrence : " Major General "William P. Eichardson : ^'SiR : — I have reasons to believe, from rumors in cam]^ that before to-morrow morning the black flag will be hoisted, when nine out often will rally around it, and march with- out orders upon Lawrence. The forces at Lecompton camp fully understand the plot, and will fight under the same banner. " If Governor Shannon will pledge himself not to allow any United States officer to interfere with the arms belong- ing to the United States now in their possession, and, in case there is no battle, order the United States forces off at once, and retain the militia, pro%nded any force is retained, 1855.1 WAKARUSA WAR. 241 all will be well, and all will obey to the end, and commit no depredation upon private property in Lawrence. "I fear a collision between the United States soldiers and the volunteers, which would be dreadful. " Speedy measures should be taken. Let me know at once — to-night — and I fear that it loill then he too late to stay the rashness of our peoijlc. " Respectfully, your obedient servant, " J. C. Anderson." On the 6tli of December, Gen. S. C. Pomeroy was dis- patched to carry important messages to the States, and to solicit aid and protection for the free state men in Kansas. His departure was immediately made known in the camp at Franklin, and a party sent to intercept him. When he had nearly reached the Quaker Mission, they overtook him, and asked him, "Where are you going?" "To our Mission," was the reply. Gen. Pomeroy represented himself as Rev. Moses Brown, a Baptist clergyman, collecting funds for the Indian Mission. He asks, "Will you arrest a clergyman traveling in the Territory to propagate the Gospel ?" The party was about to let him go, thinking that they were mis- taken, when a little Irishman spoke : " Be the powers of mud. Mister Brown, it's myself thinks ye'r old Pomr'y, but ave you ain't the same we'll take you to the camp on the Wakarusa Creek, and make you chaplain, for a divil a set of spalpeens wants a chaplain worse than the b'hoys." They accordingly took him over to the encampment, where, after some suffering, his condition was relieved by General Atch- ison. His dispatches were all taken, and afterwards pub- lished in the pro-slavery papers. The chiefs of the Delawares and Shawnees about this time came into Lawrence, and proffered the assistance of their warriors to the Committee of Safety. They were kindly thanked for their offer, but it was declined until it should be known that the Missourians had employed simi- 242 HISTORY OF KANSAS TERRITORY. lar forces. George AV. Clark, however, did bring a com- pany of Pottowatomies to the Border Eiitfian camp at Le- compton. On their way thither, as they passed througii Topeka, they declared that they would return with an abo- lition scalp on each shoulder. 1855.] THI MISUNDERSTANDING. 243 CHAPTER XXII. THE MISUNDERSTANDING. At tliis point in the history of this war a most tragic and pad event occurred. The blood of Dow had aroused the God of War, and it required that of another from the pure and innocent to appease him. Thomas W, Barber lived on a farm about seven miles fouth-west of Lawrence. He was a sober-minded, honest, industrious and peaceable man. He was beloved by all his neighbors and all his friends, being one of such gentle and (juiet disposition as to call forth the esteem and affection of all who mingled with him. He was a lover and an ad- mirer of stock, and was enthusiastically devoted to farming. He had no family but a tender and loving wife, who had always been attached to him with the fondness of a girlish love and the strength of matured affection. In him seemed to center her pleasure and sunshine, with whom no society was so pleasant, from whom no separation was so miserable. ^VTien his absence from home was protracted, she would grow anxious about bis safety, and would watch his return with constant solicitude. W^hen he returned, she would greet him as though a year had elapsed since they were to- gether. When Lawrence was invested with armed bauds, Barber determined to go to its assistance. His wife seemed to have a presentment that harm would befall him should he go, and hence earnestly insisted on his staying at home. But 244 HISTORY OF KANSAS TERRITORY. be was a firm free state maiij and could not bear the idea of remaining away when his friends stood so much in need of help. He finally prevailed in securing her consent, and on starting, while clinging endearingly to him, she exclaimed, " Oh, Thomas, if you should get shot I would be all alone indeed : remember I have no child, nothing in the wide world to fill your place." He hurried to the rescue of his friends of Lawrence, where, remaining for a few days, he concluded to return to visit his home. On starting back he bid the bo3's " good bye," saying that he ^' would be back in the morning." Ac- companied by his brother Robert, and Mr. Thomas M. Pier- son, he set out for home, himself unarmed. The open country south and south-west of Lawrence was constantly scoured by mounted patrols at that time, who would stop and search every party that sought to pass over it. When, therefore, the Barbers and company had traveled out on the California road about four miles from town, just as they were in the act of turn- ing ofi" to the left to proceed more directly to their homes, they perceived some fourteen horsemen approaching the trail from the right. Two of this number suddenly spurred up their horses and rapidly approached the higllwa3^ By taking a more direct route, and traveling faster, they came in ahead of the Barbers, on the by-road leading to their homes. When they had approached within a few yards of each other, one of the assailants demanded : " Where are you going?" Thomas W. Barber — " We are going home." Assailant — " Where are you from ?" Barber — " We are from Lawrence." Assailant — " What is going on in Lawrence?" Barber — "l^othiug in particular," Assailant — " Kothing in particular, hey ? We have or- ders from the Governor to seethe laws executed in Kansas." Barber — " We have disobeyed no laws." 1855.] THE MISUNDERSTANDING. 245 Assailant, (pointing towards his party) — " Then turn and ii^o with us." Barber — "We won't do it." Assailant, (spurring up his horse) — " You won't hey ?" The latter tBen drew his pistol and discharged it at Bar- ber. At the same time the other assailant fired a shot. Robert Barber drew his revolver and fired three times with- out eftect. The assailants then passed a few words between each other, wheeled their horses and rode awa3^ The main body of the horsemen were in full sight during the aftray, about four hundred yards oft", standing as spectators. Thomas W. Barber then turned to his two comrades, say- ing, " Boys, let us be oftV The three started at full gallop towards their homes. After riding about one hundred yards, Thomas said to his brother, " That fellow shot me," and smiled. His brother asked, " Where are you shot?" With a melancholy smile upon face, he pressed his hand upon his right side. His brother then remarked with much feeling, " It is not possible, Thomas." To which he replied with a sickly smile, " It is." After uttering these words he dropped the reins and reeled in the saddle. His brother caught him and steadied him for nearly a hundred yards, and then eased him upon the ground. Halting the horses, he dismounted and bent over the fallen body of his brother. He felt his pulse, but, alas, it was still — Thomas was dead. AVhile Robert and Pierson were consulting by the fallen brother, they perceived the main body of horsemen, who had been standing at a distance, advancing. Fearing that they would meet the same fate, they mounted their horses and galloped on. George W. Clark, the agent of the Pottowottomie Indi- ans, and Mr. Burns, a merchant of Weston, were the assail- ants. Both claimed the honor of killing Barber, but it has generally been awarded to the former. The writer, how- ever, was informed by a most respectable member of the pro-slavery party that, in his opinion, Burns committed the 29 246 HISTORY OF KANSAS TEllRITORY. iiihumiin act. Be this as it niaj, both were equally guilty in the distinguished drama. This pro-slavery patrol was made up of prominent Territorial officials. Such as Brigadier-General AV. V. Richardson, Judge Cato, General G. W. Clark, Indian agent, Judge "Wood, one member of the Legislature, etc. They were spectators to the whole affray, rode up and beheld the body of murdered Barber, then passed on to confer with Governor Shannon about requiring free state men to give up their arms. Intelligence was soon communicated to Law^rence, and a carriage was dispatched to l)ring in the body. The wife knew" nothing of the sad transaction, until the following day, wdien a conveyance was sent to bring her to town. Upon arriving at the house where Mrs. Barber lived, the driver unthoughtedly shouted • out, " Thomas Barber is killed." The tidings fell upon the listening ears of the widows She, rushing to the door, with a w'ild air cried, " Oh ! God ! w^hat do I hear ?" and shrieked in frantic agony. She was immediately taken to Law'rence in a car- riage. While on the road she was with difficult}'^ confined to her seat, wdiile she rent the air with her heart-broken w^ails and lamentations. Reaching the hotel at Lawa^ence, entering the room wdiere the cold, stiff form of her husband lay, and Ijending over it, she exclaimed, " They have left me, a poor forsaken creature, to mourn all my days. Oh, my husband ! They have taken from me all that I held dear — one whom I loved better than I loved my own life." Efforts had been made to conceal the knowledge of Bar- ber's death from the soldiers, but the sobs and shrieks of the heart-stricken woman soon revealed the fact. The young men, on hearing it, w^ere almost bej^ond control. They were for rushing immediately upon the camp of the ruffians and driving them from the country. The company to which Barber belonged entered* into a conspiracy to leave towai without orders, and spread havoc and destruc- 1855.] THE MISUNDERSTANDING. 247 tioii among them. Tliisplot was discovered, and prudently put down hj Genera] Kobinson. On tlie same morning that this aflecting scene was wit- nessed in Lawrence, Governor Shannon sent notice that he was waiting for an escort at FrankUn, to accom- pany him to that place. Ten leading free state men were selected, with Mr. G. P. Lowry for leader, as a deputation for this purpose. The Governor, in company with Colonel Boone, of Westport, Colonel Kearney, of Independence and Colonel Strickland, from Missouri, was duly conducted into Lawrence. He was taken, with liis staff, into the room of the Committee of Safety. As they passed up to the upper floor in the Free State Hotel, their gaze fell, through a half opened door, upon the silent form of Barber. To the ques- tion, "what does this mean?" the reply was, "Oh, it is our yesterday's loss." General Robinson and Colonel Lane conducted the nego- tiations on the part of the free state men. The whole mat- ter was fully explained to the Governor. The interview lasted about an hour, which resulted in the admission from the Governor that he had misunderstood the conduct and feeling of the people of Lawrence. He stated that Mr. Jones had made certain representations to him wliich he was satisfied were incorrect. He told them it was impossi- ble to close the negotiations that day on any terms fair for them, and satisfactor}^ to tliose in tlie pro-slavery camp. He expressed a desire that a kind of a treaty should be drawn up, expressh^e of the views and feelings of both parties. He urged that the free state men should give up their arms as a condition ot peace, M'hich was positively declined. The Governor returned to the pro-slavery camp and con- tinued his work of conciliation. He there learned of the plot to raise the black flag and march upon Lawrence, whereupon he immediately issued the I'ollowing order: 248 HISTORY OF KANSAS TERRITORY. " Wakarusa, December Sth, 1855. " Major- Gerieral Richardson : " Sir : — You will repress all movements of a disorderly character, and take no steps except by order from me. If any unauthorized demonstrations should be made upon Lawrence, you will immediately use your whole force to check it, as in the present state of negotiations an attack upon Lawrence would be wholly unjustifiable. " Your obedient servant, " Wilson Shannon." A similar order was issued to General Strickler. Early in the morning the Governor collected some prominent men IVom the camp. It was suggested that a committee of thir- teen Captains should be selected from the pro-slavery men to meet a similar deputation from Lawrence, that evening, at Franklin, to frankly interchange opinions, and seek, if possible, to arrive at some amicable adjustment of the threat- ening difficulties. This proposition was finally conceded to after a protracted debate, many refusing any conditions of peace other than the surrender of arms on the part of the free state men. The Governor, with a lighter spirit, returned to Law- rence. Li the meantime, on the evening previous, the free state men had discussed and adopted a plan upon wdiich they desired the existing difliculties settled. This was pre- sented to the Governor on his arrival, which, after several verbal modifications, he approved. He had himself drawn up a similar paper, but accepted General Robinson's as a substitute. When the negotiations closed, the citizens gathered in front of the hotel to learn the result. From the speeches made by Governor Shannon and others, a suspicion was awakened that something had been conceded by the free state leaders which would imply a recognition of the Terri- torial laws. Old John Brown, who had come to the defense of Lawrence, with his five sons and a quantity of arms, rose to 1855.] THE MISUNDEESTANDING. 249 speak. Although an attempt was made by some to pre- vent his being hoard, he persisted, and demanded that the terms of the treaty be made known ; that rather than rec- ognize the Border Ruffian usurpers as rulers, they would die fighting in the trenches, or on the prairies. Gen- eral Robinson then gave them to understand that no such a concession had been made, but that the same principles they had always professed, were yet maintained. With these assurances all ^v^ere satisfied and retired. The feeling of the soldiers against the Governor was very intense. AVhile speaking one man raised his gun to shoot him, but was prevented by others more prudent and discreet. The treaty, as it has been called, between Governor Shan- non and the people of Lawrence, reads as follows : " "Whereas, There is a misunderstanding between the people of Kansas, or a portion of them, and the Governor thereof, arising out of the rescue at Hickory Point of a cit- izen under arrest and other matters; And Whereas, A strong apprehension exists that said misunderstanding may lead to civil strife and bloodshed ; And Whereas, As it is desired by both Governor Shannon and the citizens of Law- rence and its vicinity to avoid a calamity so disastrous to the interests of the Territory and the Union, and to place all parties in a correct position before the world ; Xow, therefore, it is agreed by the said Governor Shannon and the undersigned citizens of the said Territory in Lawrence now assembled that the matter is settled as follows, to wit : " We, the said citizens of said Territory protest that the said rescue was made without our knowledge or consent, but that if any of our citizens in said Territory were en- gaged in said rescue, we pledge ourselves to aid in the exe- cution of any legal process against them ; that ice have no knowledge of the i^revious, preaent or prospective existence f any organization in the said Territoyyfor the resistance of the laws; and we have not designed, and do not design to resist the execution of any legal service of any criminal process therein, but pledge ourselves to aid in the execution of the laws when called upon by the proper auth.oritg in the town of Lawrence, and tliat we will use our influence in preserv- 250 HISTORY OF KANSAS TERRITORY. ing order therein, and declare that we are now, as we have ever been, ready to aid the Governor in securing a posse in the execution of such a process, provided, that any per- son thus arrested in Lawrence and its vicinity while a for- eign foe shall remain in the Territory, shall be only exam- ined before a United States District J udge of said Territory in said town, and admitted to bail ; and provided further, that all citizens arrested without legal process shall be set at liberty ; and provided farther, that Governor Shannon agrees to use his influence to secure to the citizens of Kan- sas Territory, remuneration for any damage suffered in any unlawful depredations, if any such have been committed by the Sherifi''s posse in Douglas County ; and further, Gov- ernor Shannon states that he has not called upon persons, residents of any other States, to aid in the execution of the laws, that such as are here, are here of their own choice, and that he does not consider that he has any authority to do so, and that he will not call upon any citizens of any other State who may be here. "We wish it understood that we do not herein express any opinion as to the validity of the enactments of the Terri- torial Legislature. " Wilson Shannon, " Charles Robinson, " J. H. Lane. "Done in Lawrence, K. T., Dec. 8, 1855." At the solicitation of Governor Shannon, General Robin- son and Colonel Lane accompanied him to the Wakarusa Camp that evening. Here they counciled with thirteen pro-slavery leaders. The Governor, Colonel Lane and Gen- eral Robinson made speeches setting forth their views. It was finally agreed by the iSlissouri chiefs to assist Mr. Shan- non in carrying out his plan to Cjuietly and peaceably with- draw and disperse the Sheriff's posse. The night setting in proved most tempestuous, dark and fearful. Generals Robinson and Lane start for Lawrence at 7 o'clock. A guard had been promised them, but only one man made his ap|»earance for that purpose. He, after go- ing with them about one hundred yards, bade tliem " good 1855.] THE MISUNDEKSTANDING. 251 11 i gilt," and tiirucd back. Alono, amid the storm and dark- ness, the two free state leaders were left to make their way Lome. From the fact that three armed men were seized near Lawrence that night, who could not give a satisfactory account of themselves, it was thought that there had been a plot to assassinate Generals Robinson and Lane on their way back to Lawrence. The following morning Governor Shannon issued his or- ders to the three commanders, Richardson, Strickler and Jones, for them to disband their forces. A reply to one will sufGice : " Camp "Wakarusa, December 8, 1855. " Sir : Being fully satisfied that there will be no further resistance to the execution of the laws of this Territory, or to the service of any legal process in the county of Dou- glas, you are hereby ordered to cross the Kansas River to the north side as near Lccompton as you may find it prac- tical with your command, and disband the same at such time and place, and in such numbers as you think most convenient. Yours, with great respect, " Wilson Shanj^on. " Major-General Richardson." Many of the pro-slavery men were disappointed and in- dignant at the conduct of the Governor. General String- fellow informed his followers that " the thing is settled," " they are sold," "■ Shannon has turned traitor," " he has disgraced himself and the whole pro-slavery party." Sherifl:^ Jones in conversation afterwards declared " if Shan- non had not been a d — n fool, that place would never have been spared. He would have wiped out Lawrence." Ex- Senator Atchison exerted himself to prevent an attack. He said to his motly gang, that " they can not fight now. The position which the Lawrence people have taken is such that it would not do to make an attack upon them ; it would ruin the Democratic cause, too. But, boys, we will fight some- time by G — d ! " Through the active exertions of the Bor- 252 HISTORY OF KANSAS TERRITORY. (ler Kuflicin ctiiets, the opposing elements of darkness, cold and storm, and the want of whisky, no attack took place that night. But, it is thought, had the weather been pleas- ant and clear, the result would have been different. The invading army chiefly left the following morning, but some remained for several days. On the evening of the 9th of December, there was a " so- cial" in the Free State Hotel at Lawrence, and Governor Shannon was there. Every body seemed in a good humor. The Governor, who had taken a few quaffs to enliven his feelings, declared " it was the happiest time of his life.'"' While "all went merry as a marriage bell," a messenger brought word that " there was a large irregular force near the town of Lawrence, who were threatening an attack." At this juncture General Robinson solicited authority from Governor Shannon to defend the city in case of an attack, which was given in in the following words : "To C. Robinson and J. H. Lane, commanders of the enrolled citizens of Kansas : " You are hereby authorized and directed to take such measures, and use the enrolled forces under your command in such a manner for the preservation of the peace and the protection of the persons and property of the people in Lawrence and its vicinity, as in your judgment will best se- cure that end. Wilson Shannon. " Lawrence, December 9, 1855." It is but justice to the Governor to say that he never de- signed the authority conveyed in this document to legalize the proceedings of the previous conduct of the free state men, or to have any reference to the future, but simply ap- pertained to the threatened attack that night. Several prisoners had been taken during the campaign on both sides. Every person that attempted to make egress from, or ingress into, Lawrence, had been almost invariably seized and detained a prisoner. George F. Warren and Dr. A. G. Cutler were taken at Atchison and carried to Le- 1855.] THE MISUNDBRSTANDINa. 253 comptou Slid kept in confinement durino; the disturbances, subject to many indignities. The former lived at Leaven- worth, and liad been to Doniphan to take Dr. Cutler home, who was sick. On his return he was seized by a mob at Atchison^ who demanded his papers. Refusing to hand them over, they began to search him, whereupon he pulled them out and began tearing and chewing them up. They then sent for Dr. Cutler, and conveyed them both as pris- oners to Lecompton. Here Kelloy, approaching the camp where the latter was confined, cried out, " I want blood ; I am bloodthirsty; I want to take the God d — d abolition- ist out and hang him." Dr. Cutler was very sick all the while during his imprisonment — at times delirious. E. C. K. Garvey. of Topeka, came near being hung, and would have been, had not the officers interposed. Mr. Parrott, of Leavenworth, was seized while passing from that place to Lawrence, and conveyed to camp at Lecompton. William Phillips, correspondent of the i^ew York " Tribune," had many interesting adventures among the Border Ruffian camps, but always managed his escape. Several others were seized and held prisoners by the pro-slavery mob ; but when the treaty was effected they were all released. On Monday evening, December 10, the peace party was held in the Free State Hotel. Soldiers of both parties, la- dies and officers Vv^ere there ; a burdened table of eatables afforded a repast; conversation, speeches, flirtation, &c., alForded amusements. But the most remarkable of all was that Sherifl^" Jones was there "an invited guest." He was treated with civility ; but some who had received wrongs which their charity could not forgive, nor magnanimity cover up, watched their opportunity to take his life, and were only prevented by the prudence and vigilance of others, who acted from the sacred obligation of a host. On the following day the free state forces were reviewed, addressed by their officers and then disbanded. Eleven companies had tiftv-five men each enrolled. Besides these 30 254 HISTORY OF KANSAS TERRITORY. tlaere were the artillery and cavalry forces, and men ready to join the ranks whenever the emergency demanded it. Each soldier received a certificate that he had served gal- lantly and faithfnlly so many days in defense of Lawrence. We should not close the history of this invasion without rendering " honor to whom honor is due." The heroic con- duct of women gilds the pages of history. The lieroism of the ladies of Lawrence shines with the splendor and beauty that immortalized those of Sparta and the American Revo- lution. AVhile pro-slavery women fled to Missouri to escape the rabble that professed to be their friends, the free state women of Lawrence refused to desert their husbands and brothers in the hour of danger. Nor did they remain with idle hands and timorous minds, but performed a useful part in the defense of their homes. They not only cheered and inspired the soldiers, but threw open their houses for those who had hurried to the assistance of the town, and minis- tered to their wants. They met together, moulded bullets, made cartridges and laid plans for the comfort of the sol- diers. As we have noticed, at one time they w^ent into the country through the enemies pickets, and procured ammu- nition, which feat no man could have accomplished. Indeed it was the blustering boast of the debauched invaders, that they intended to kill all the men of Lawrence and keep the women for something A\'orse. With these threats before them, it was the determination of the ladies of Lawrence, should the Missourians have raised the black flag and rushed upon their devoted town, to seize the weapons of their fallen friends and take their places in the line of battle. For this purpose they had practiced with fire arms, and had the necessity demanded it, there would have been a display of heroism unparalleled in history. The women of Lawrence in that day were the most intel- igent and refined. They had recently come from the cities ot the East, where they had only read of wars and dangers. With all the feminine graces and accomplishments of re- 1855.] THE MISUNDERSTANDING. 255 fined society, they were not of that class who recognize hibor a disgrace, and tear a virtue. While they possessed all the embellishments of education and good breeding, they regulated their conduct by common sense. Xever upon tlu- frontiers was there a community \vith women of such ac- quirements and genuine worth; never upon the frontiers did women perform such acts of valor and greatness as dis- tinguished the ladies of Lawrence — not through this war only, but through many a subsequent and bloodier assault. Surely, if women should be entitled to vote anywhere, it is in Kansas, 256 HISTORY OF KANSAS TERRITORY. CaAPTER XXIII. ROBINSON AND LANE. Governor Charles Robiuson was born on the 21st of July, 1818, at Ilardwick, Worcester County, Massachusetts. His parents belonged to the class of respectable poor, who la- bored to rear their children up in habits of industry and morality. At the age of eighteen Charles entered upon a regular collegiate course of study in Amherst College, to which he assiduously and enthusiastically applied himself. But at the end of two years he was suddenly seized with inflammation of the eyes, from which cause he was reluc- tantly compelled to abandon school. AVhen his eyes had sufficiently recovered, he began the study of medicine. He attended lectures at Pittsfield, Mas- sachusetts, and Woodstock, Vermont, and graduated at the former place with distinguished honor. In 1843 he began the practice of medicine at Belchertown. While there, he first publicly exhibited that hatred for tyranny and oppres- sion which has characterized his life. There was a religious sedt, called "Perfectionists," in that vicinity, who were loudly abused and vilely slandered by others of different persuasions. Dr. Robinson, though holding no sympathy for their tenets, admiring the purity of their lives and wit- nessing the unprovoked attacks upon their character and religion, took a public stand in their defense. He held a debate with a preacher of another denomination, in which 1855.] ROBINSON AND LANE. 257 he eloquently and ably defended the despised sect, and fully vindicated the reasonableness of their views and the purity of their conduct. Tie began his contest with system-bound doctors, who refused to countenance any man of their pro- fession unless he followed the beaten and time-worn path of a certain school, for which reason he himself was denom- inated by them a " quack." lie believed that professional worth should be acknowledged and respected wherever found. In 1845 he went to Springfield to look after a store which he had secured in payment of a debt, and there con- tinued the practice of his profession. "While there, he be- came noted for his success in the treatment of chronic dis- eases with the galvanic battery, and was joined in partner- ship by Dr. Holland, alias Timothy Titcomb, who had been his class-mate in the medical school. The following year he went to Fittsburg, Massachusetts, and engaged in the practice of medicine. In 1849, soon after the gold excitement broke out, he started, as surgeon of a party, for California. On his way thither he passed through Kansas, was struck with its love- liness and fertility, and marked the site of Lawrence as a beautiful location for a city. Upon arriving in California, he worked in the mines a short time, then went to Sacra- mento and opened an eating house. He was not there long before a difficulty arose between the squatters and a class of speculators. The former had entered upon their lands by pre-emption — a title universall}' respected in a new countr3\ But, the town improving rapidly, and giving promise of greatness, a class of speculators came in and secured a quit- claim title to a vast tract of country in that vicinity, inclu- ding the town site, from Mr. Sutter, who held a Spanish title to 99,000 square miles in California. These specula- tors strengthened themselves by selling or giving lots to new comers, and soon warned those who held lots by pre- emption to leave the premises. Upon the latter's refusing to observe this demand, the matter was placed in the hands 258 HISTORY OF KANSAS TERRITORY. of the Sheriii. In vain the squatters sought to stay any vi- olent action by oifering to give bonds for the safe keeping and use of the premises until the title was legally decided in the courts. They, therefore, determined to defend their homes, and prepared for resistance. For thus putting themselves in the attitude of self-defense, the authorities first sought to arrest them ; but they agreed to avoid arrests until the opening of the courts, by secreting themselves in various places. While thus absent from their homes the Sheriff took possession of several of their houses, where- upon the squatters collected and marched to retake them. Dr. Robinson, Irom the first, had warmly espoused the cause of the squatters, and was their recognized leader, planning and shaping his policy with that prudence and sa- gacity which characterized him in Kansas. The squatters, some fifteen in number, upon reaching the houses, said to be held by the Sheriff", found no one there and started to return to their respective abodes. As they retired a rencounter took place between them and a crowd headed by the Sheriff' and Mayor. The latter fired, which was promptly returned bj the squatters, whereupon the mob scattered and fled. One was killed on each side, and the Mayor and Dr. Robinson fell badly wounded. The doctor crept into an old house, where he remained some time, when he was taken on board a prison ship and de- tained for ten weeks. While there he was elected to the first Legislature, which he attended, and was highly re- spected and esteemed by the members for his heroic and noble stand in defense of right and justice. He contributed to the election of General Fremont to the United States Senate. He afterwards published a daily paper for a short period at Sacramento. On the 1st of July, 1851, he sailed for home. The steamer upon which he took passage was wrecked on the Mexican coast, but the passengers narrowly escaped from a watery 1865.] ROBINSON AND LANE. 259 grave to the land, and Avere compelled to travel on foot forty miles before they could again take j^assage on a boat. From Panama to Cuba the doctor was employed as sur- geon aboard a boat filled with sick workmen, who had been engaged in the construction of the railroad across the Isthmus. Dr. Robinson, upon reaching his native State, settled in Pittsburg and resumed the practice of medicine. About the time when Kansas first engaged the attention of the public, he published several letters relative to it, founded upon his observation in passing through the Territory to California. The attention of the Emigrant Aid Society was attracted by these letters, which at once, upon learning of his character and experience, employed him as its agent to visit the Territory. The important and conspicuous part he performed in the critical times of our Territorial difliculties, we leave the reader to note for himself. Governor Robinson has always been very radical in his views — always favored universal' suffrage and opposed sla- very, or partial legislation of any description. Though he did not endorse the higher law doctrine, still he was always a constitutional abolitionist, and believed in using every legal remedy for the removal of slavery. He was pre-emi- nently fitted as leader of the free state movements. With inflexible principles, great prudence, caution and sagacity, he combined unilinchiug courage. iSTever swerving from his principles in his whole life, he seldom miscalculated in shaping his plan and policy. He preserved the utmost con- fidence of the free state men until late in our Territorial history, when the Free State party broke up in a general scramble for oflice. General James H. Lane was born, June 22, 1814, on the banks of the Ohio, in Boone County, Kentucky. His father, Amos Lane, cousin of Joseph Lane, of Oregon, was an eminent lawyer and a member of Congress. James' mother, who was a woman of superior intellectual and moral 260 HISTORY OF KANSAS TERRITORY. qualifications, superintended his early education. Always restive and unable to confine Limself to bis books, be at- tained but the rudiments of school learning, even under the excellent tutorship of his mother. James first began an independent struggle of life in Law- renceburg, Indiana, as a merchant and pork-packer. He followed this business until 1843, when be married and be- gan the study of law. When the Mexican war broke out in 1846, he raised a company of men, and, having volun- teered as a private, was elected captain. AVith his men, he rendezvoused at ISTew Albany, where he was appointed Colonel of the Sd Regiment. In this capacity he served with distinguished honor throughout General Taylor's cam- paign. After the expiration of their term of service, he returned with liis regiment in June, 1847. He was inmie- diately authorized to reorganize the 3d, which he did, and it was mustered in as the 5th Hegiment of Indiana A'oluntcers. "With it he returned to Mexico, where he remained until peace was declared. Upon his return from the war, he was elected Lieutenant Governor of Indiana in 1849, and, before his term of office expired, was chosen a member of Congress from the 4th Congressional District, and shortly aftewards elector for the State at large for Franklin Pierce as President. He was in Congress at the time of the Kansas-I>rebraska agitation, and voted for the repeal of the Missouri Compromise. In April, 1855, Colonel Lane removed to Kansas, settling on a claim adjoining Lawrence, where he afterwards made his home, and where his widow still lives. He came to the Territory a strong Democrat, and an administration man, and remained conservative in his speeches, until he saw that it was more popular to be radical, then changed to be the most radical man in the West. From bis bluster and bun- combe speeches, he soon became a terror to the Border Ruffians, and, as such, was useful to the free state cause. The free state men never had any confidence in his courage, lS5o.] ROBINSON AND LANE. 261 his qiialificatiuns as a leader, or liis character as a man. Though his public life was sliifting and stormy, still he managed his political barque so skillfully tliat he always rode the popular wave, and attained the highest position to Avhich the State could elevate him. lie was elected United States Senator by the first State liCgislature in 1861, and during the same year took an active part in recruiting and organizing volunteers. He formed his brigade and commanded it as Brigadier-General, though he held no commission until the following year. In 1863, he was appointed Recruiting Commissioner for the Depart- ment of Kansas, and under this authority raised five regi- ments of infantry, one of which was a colored regiment. In the winter of 1864-5 he was re-elected United States Senator for the term commencing on the 4th of the follow- ing March. Upon taking his seat in Congress he endorsed Johnson in his opposition to the Freedmen's Bureau and the Civil Rights bill, for which, on his return to Kansas, most all of his old friends refused to recognize him or ten- der him any courtesies. Feeling thus rejected by his fellow statesmen, and fearing, it was thought, an investigation and divulgence of certain Indian frauds, he became partially deranged at St. Louis. He returned from that place to Kansas. On the following morning after his arrival at Leavenworth, as he was going- out to the government farm, in company with others, he shot himself, discharging a pistol in his mouth, the ball passing through his brain to the top of his cranium. He lingered, unconscious, for several days, then died on the 10th of July, I8661- 'Thus ended the career of this wonder- 1\tI man. Over his faults and vices let the silence of the grave forever rest. Though not a real man, yet, in many respects, he was a great man. As a politician he has no equal in the nineteenth century, and has left his impress upon the political elements of Kansas, which it will require years to remove. Let the youths of this State practice his 31 262 HISTORY OF KANSAS TERRITORY. uiitjrjiig energy and nnliiltering }>erseverancc, Init let them ilee from the way of the ungodly, which perisheth. Such is a brief sketch of the lives of these two great rivals in Kansas politics, Hon. Charles Eobinson and Hon. James H. Lane. Neither without his faults, neither without his virtues, both have been too much praised and too much cen- sured. Robinson never swerved from principle from begin- ning to end ; Lane, when he broke off from the Democratic party, shaped his action entirely by the signs of the times. The former was cautious, prudent and brave ; the latter reckless, rash and cowardly ; the first discreet in council, true in judgment and firm in danger, was well suited as a leader of the free state movement ; the other, impetuous, blustering and dashing, happily olFset the conduct of the Border Ruffians. Robinson, gored and wounded by abuse, grew petulent and refractory ; Lane, strengthened and en- couraged by it, grew sublime and magnanimous in his ])righteniug prospect of success. General Robinson, commander-in-chief, delivered this parting address to the forces assembled for tlic rescue of Lawrence : " Fellow Soldiers : — In consequence of a * misunder- standing' on the part of the Executive of this Territory, the people of this vicinity have been menaced by a foreign foe, and our lives and property threatened with destruction. The citizens, guilty of no crime, rallied for the defense of their families, their property aud their lives, and from all parts of the Territory the true patriots came up resolved to perish in the defense of their most sacred rights, rather than submit to foreign dictation. Lawrence and her citizens were the first to be sacrificed, and most nobly have her neighbors come to her rescue. The moral strength of our l)osition was such that even the ' gates of helF could not have prevailed against us, much less a foreign mob, and we gained a bloodless victory. Literally may it be said of our citizens, ' They came, they saw, they conquered.' " Selected as your commander, it becomes my cheerful duty to tender to you, fellow soldiers, the meed of praise so 1855.] ROBINSON AND LANE. 263 justly your due. ISTevor did true meu unite iu a lioHc: eiiuse, and never did true bravery appear more conspicuous, than in the ranks of our little army — death before dishonor Avas visible in every countenance, and felt in every heart. JMoodless, though, the contest has been, there are not want- ing instances of heroism worthy of a more chivalric age. To the experience, skill and perseverance of gallant General l^ane, all credit is due for tlie thorough discipline of our forces, and the complete and extensive preparation for defense. His services can not be overrated, and long mav he live to wear the laurels so bravely won. Others are worthy of special praise for distinguished services, and all. both officers and privates, are entitled to the deepest grati- tude of the people. In behalf of the citizens of Lawrence, in behalf of the ladies of Lawrence, in behalf of the chil- dren of Lawrence, in behalf of you, fellow soldiers, of Law- rence, and in my own behalf, I thank 3'ou, of the neighbor- ing settlements, for your prompt and manly response to our call tor aid, and pledge you alike response for your signals of distress. The citizens who have left their homes to come to our assistance have suffered great privations and many discomforts and exposures, while citizens of Lawrence have incurred heavy expense ; but all has been submitted to with- out a murmur, and in a spirit of a people engaged in a high and holy cause." On the IGtli of December, Sheriff Jones arrested S. F. Tappan and S. C. Smith, without any resistance, and took them to Lecompton. It will be recollected that they were not with the party of rescuers when they first intercepted Jones, but came up during the parley. The Sheriff liad appealed to their patriotism, and fears to induce them to comply with his demands, saying that he did not think that such meu as they were would be participants in sucli work, and that unless they surrendered his prisoner, he would bring a myriad of men from Missouri and destroy Lawrence. On the day following their arrest these two gentlemen were examined before Mr. Shepherd, a Justice of the Peace, so appointed by the Shawnee Legislature. The only wit- ness that appeared against them was Sheriff Jones, who testified in regard to the part they took in the rescue. 264 HISTORY OF KANSAS TERRITORY. They did not introduce any rebutting testimony, nor did they give bail, but insisted upon an immediate trial. The Court, however, which should have been in session at that time, had adjourned over, in consequence of the indisposi- tion and absence of Chief-Justice Lecompte. The two prisoners were held until the 22d of December, when they were released on a parole of honor for three months. Hugh Tlutchingson, Paul Jones, and two others of the rescuers were arrested, underw^ent a preliminary trial, and held over to the next term of Court on $500 bail. At the following term of Court all the prisoners appeared for trial before Lecompte, but their cases were deferred to the next sitting of the Court. This was the end of the Wakarusa war. The term " Border Ruffian" was early applied to those individuals on the western border of Missouri, who sought by illegal and violent means, to determine the domestic in- stitutions of the Territory. And never was a name more appropriately applied, nor ever a name more gloried in by those upon whom it was bestowed. There was a harge number at the to.wus on the border, who spent their time in loafing, drinking, gambling, and carousing, that were gen- uine ruffians long before the troubles in Kansas arose, who readily lent themselves as willing tools of designing politi- cians to harrass and oppress the free state men. This Avork just suited them, and perhaps the mass of the people of Western Missouri never had as much happiness in their lives as they enjoyed during the difficulties in this Territory. In the more general invasions of Kansas, these ruffians were joined or led by the more respectable men of the Border, who at such times vied with the vilest in debauchery, crime and the grossness of their conduct. In this way men of em- inent ability, who had occupied high and responsible posi- tions of public trust and profit, would pass over into the Territory, and unmindful of dignity and honor, would throw 1855.] ROBINSON AND LANE. 265 oif all restraint, and imitate, in appearance, character and ac- tions the real ruffian. ISTor was this at all an unpopular appellation among the ])order gentry. They gloried in it as much as Cicero or Socrates did in that of Philosojiher, or the soldiers of the Seven-hilled-city that of Roman. Boats on the Missouri river took to themselves the name; hacks, omnibuses, hotels, " doggeries" horses, and dogs, were not unfrequently adorned by the title "Border Ruffian." And woman — beautiful, fair and intelligent woman — so far became blinded to the pure and virtuous, as to take unto herself the name of Border Ruffian, and admire and praise those of that character. I have given in another place a description of the Missou- rians, and a dark picture of humanity it is, though I sought to draw it with a pen of truth. The contest in Kan- sas afforded a happy field for them to display their natural (|ualities, and certainly they did so to good advantage. No other people would or could have done the dirty work for slavery that the ISIissourians did with ready hands and will- ing hearts. They were pre-eminently adapted to the " nasty job,"' and most nastihj they performed it. Go into a saloon or hotel, and you would most likely be accosted by some long, gangling, red-eyed, blurred faced specimen of hunuxn- ity with slouched hat and butternut clothes, thus : " Stran- ger, whar ure from? No d — d Yankee I guess? Wall, I'm none of yer city raised down casters ; I'm a J^order Ruffian, by G — d. I can draw my bead at forty rod, ana am bound to shoot center any how. If the crowd wish I dont care if we have a hand fight before this here bar ; I'm dreadful easy to whip — yes sir'ee, dreadful easy — so just jump me up, stranger, and we'll smash in all createdly. Wall, I 'spect you think I'm a d — d cuss, so come up here and liquor." 266 . HISTORY OF KANSAS TERRITORY. CHAPTER XXIX. VARIOUS EVENTS OF THE WINTER. The termination of the Wakarnsa war was by no means satisfactory to the Achilles of the Border. It onl}- served to scatter the clouds of the tempest that they might re- gather and break v.'ith greater violence. The Border Rnffian cliiefs immediately plotted for the utter overthrow and destruction of free state men. But let us notice events as near as we can in chronological order. The election on the adoption of the Topeka Constitution was held on the 15th of December. Amid the excitement which had recently prevailed in the Territory, the settlers liad partly lost sight of the free state movement. The pub- lic speakers failed to meet their appointments, consequently the subject was not agitated and discussed before the people to a great extent. Copies of the Constitution had been freely circulated, and notices of the election posted up, but in a few places even this was not done. The election in all Border towns was not allo^¥ed to be held. These facts were supposed to account for the vote being no larger. At Atchison no election was attempted. The result of the election was as follows : In favor of the Constitution, 1,731 ; against it, 46; for the general bank- ing law, 1,120 : opposed to it, 664 ; for the exclusion of ne- groes and mulattoes, 1,287 ; against exclusion, 453 ; total number of votes cast, 1,778. 1855-6.] EVENTS OF THE WINTER. 267 By t!ie order of General Eastiii, the militia of his com- mand was required to meet for muster at Leavenworth on tlie day of the election, and receive their discharge, which entitled them to pay from the United States for their mili- tary services. Early in the morning these ruffians, whom the General termed "Kansas Militia," began crossing the Missouri River from Platte County. About noon this mot- ley crew, several hundred in number, led by Colonel Payne, a member of the bogus Legislature, and Judge of Leaven- worth County, so appointed by that body, and another man by the name of Dunn, a grocery keeper, and consequently a man of great influence among the Border Ruffians, at- tacked the house where the polls were iheld. Two of the men in the house escaped without injury, but the third, by the name of Wetherill, throwing the ballot-box under the counter, rushed into the street. He had scarcely reached it, before he was knocked down by clubs, seriously beaten and trampled in the mud by the crowd. He would proba- bly have been killed had not a pro-slavery man, and two free state men by the names of Anthony and BroAvn, inter- posed and rescued him. The ruffians, having obtained pos- session of the ballot-boxes, j paraded them through the streets, yelling and shrieking like barbarians. The office of the "Territorial Register" was loudly threatened, but no attack was made upon it. On the after- noon these rag-a-muffins were mustered, addressed and complimented by General Eastin for their faithful and pa- triotic services. On the following Saturday night a mob, calling them- selves Platte County Regulators, destroyed the printing press of the " Territorial Register," by throwing it and the type into the river. They were organized atXickapoo, and marched down under command of Captain Dunn, G. AV. Perkins, Dr. Royal and James Tyler. Mr. Delahay, the editor, who was absent at the time, was the most conserva- tive among the free state men. A personal friend of 268 HISTORY OF KANSAS TERRITORY. Stephen A. Douglas, au euthusiastic admirer of scjuatter sovereignty, notwithstanding the border ruffian invasions, a national Democrat, he had always advised obedience to the laws of the Territorial Legislature. But he had identified himself with the Free State party in their lawful and con- stitutional measures to make Kansas a free State. lie had refused assistance to Lawrence, when calling loudlj^ for help, and repeatedly declared in the Free State meetings, " 1 had as lief buy a negro as a mule." The hight of his offense was that he favored a free State. Mr. Delahay has been a true friend to Kansas, taking an active part in public affairs. He has many friends, and could wield a w^onderlul influence, were he a little more temperate in his habits. He has for some time occupied the position of United States District Judge in this State, and still makes his home at Leavenworth. As quick as the result of the election was announced, an election was called for State officers. A convention met at Lawrence on the 22d day of December for the purpose of nominating candidates. There was but little harmony and unanimity between its members. The feelings of the minority were that if conservative men were elected, the (conservative administration and Congress of the United States would be more ready to recognize them and favor the free state movement. They accordingly bolted from the regular nominations of the convention and formed a " Free State Anti- Abolition Ticket." This movement did not meet with general favor, even among the conservative ele- ments. In the nomination of the convention bothEadicals and Conservatives were about equally represented. y By the election which took place on the 15th of January, 1856, the regular nominees were duly elected with large ma- jorities. The foUoM'ing are the first State officers regularly chosen by the people of Kansas : Dr. C. Robinson, Gover- nor ; W. Y. Roberts, Lieutenant Governor ; P. C. Schuyler, Secretary of State ; G. A. Cutler, Auditor ; J. A. Wake- 1855-6.] EVENTS OF THE WINTER. 269 field, Treasurer ; II. Miles Moore, Attoruey-Gencral ; ]\I. Hunt, S. 'N. Latta and M. F. Conway, Supreme Judges ; !S. - " B. McKenzie, Rei^orter, and S. B. Floyd, Clerk of the Su- preme Court ; John Speer, State Printer ; M.'W.^Dclahay, ^ Representative in Congress. The free state Mayor of Leavenworth, intimidated by the demonstrations at the December election, and from the hopeless prospect of being able to perform his duty in the future, resigned. The pro-slavery Mayor elected to fill his place, at the solicitation of the business men of the city, who feared a riot, issued a proclamation forbidding an election to be held in that town on the 15th of January. The election, however, was held in an informal way, by carrying the ballot- box around and getting individual votes. In this way about two hundred votes were polled, and returned to the Execu- tive Committee, a majority of whom, after some contention, agreed to issue certificates to members thus elected. When, however, these members presented themselves at the Legis- lature the folloAving March, claiming seats, they were, after considerable discussion, refused admission by that body. At Eastin, about twelve miles north-west of Leaven- worth, and in the same county, the election was deferred two days after the time fixed by the Executive Committee, on account of the threats of the Kickapoo Bangers and pro-slavery men in the neighborhood, that the polls should be seized and the election broken up, as had been done pre- viously at Leavenworth. The election was held at the house of Mr. Minard, about a half mile from the village. In the morning a company of eight persons went out from Leavenworth in a wagon where the election was held, among whom was Captain E. P. Brown. Men" generally went armed to the polls, in consequence of the violent threats that had been made. About seventy-two voted, and every thing passed off quietly during the day. About 6 o'clock in the evening a company of thirty horse- men made an advance upon the house where the polls were 32 270 HISTORY OF KANSAS TERRITORY, kept. A piirty oi' free .state men rushed out and confronted them, with arms in their hands. The leader of the assault- ing party ordered a charge several times, but liis men re- fused to obey. In a few moments they wheeled and retreated to the village. Shortly after this, messages were sent to Minard, by the Ruffians, that they wished the ballot-box given up, and unless it was, they would come and take it. Xo disturbance, however, occurred for some time, though persons of both parties passed to and fro from the village and the house of ]SIr. Minard. About 2 o'clock that night a report reached the free state men that one of their number, Stephen Sparks, on his way home, had been taken prisoner by the Ruffians at Eastin, and was still held as such by them. Captain Brown, with fifteen men, immediately set out to rescue him. They passed down to the viUage, and found Sparks and his son in the fence corner, surrounded by a mob, like a wolf at bay by a gang of hounds. They demanded the delivery of Sparks, and as quick as the mob perceived the strength of the free state men, they let the prisoner go with threats that he would be speedily recaptured. The two parties had not separated far before the pro- slavery men began hallooing and the firing of guns. The free state men returned it. The firing was kept up for about ten minutes, when the latter returned to Mr. Minard's. One pro-slavery man was killed, and two free state men slightly wounded, in the aflray. In the morning, about eight or nine o'clock, the Leaven- worth party set out for home. Having proceeded about six .miles, they were met by two wagons — one Avith four horses — both filled with armed men. They hurried down the hill, passed the free state men, stopped and called upon them to halt. Scarcely had the Leavenworth party time to check their horses before they beheld another party ap- proaching from the top of the hill — two wagons and thirty liorsemen. They were armed Mdth hatchets, bowie knives, 1855-6 EVENTS OF THE AVIXTER. 271 guns and revolvers. They rejoiced at seeing BroAvn in tlieif power. The free state men, on l)eing assured that they wtndd he treated kindly as prisoners, gave up their arms, seeing they could do nothing against such odds. The ruf- fians seemed mad with excitement and whisky. Mr. Tay- lor came near losing his life from a violent stroke ot a hatchet. The prisoners were then conveyed back to Eastiu. Th(i mob grounded their action upon a report that a pro-slaverv man had been killed at Eastin the night previous, and they wished all to go back to investigate it, and have the mur- derer brought to punishment. They were the Iviekapoo Rangers, led by J. W. Martin. They had been sent for soon after the disburbauce the evening previous. On their arrival at Eastin they were placed in a small room of Dawson's store house, and closely guarded. In a short time two or three more prisoners w^ere brought in from the surrounding countr}-. In a half hour Captain Brown was called out and taken into Dr. Motter's oiiice, to undergo his trial. Xot more than a half hour elapsed be- fore Captain Martin returned to the prisoners and informed them that it would be impossible to save Brown, and per- haps them too. unless they could effect their escape. The guard agreed to let them go, and conducted them a short distance. They all effected their escape. But alas, sad was the fate of poor Brown. He was kept locked up in a room during his trial to prevent the mob from interfering. On being told by Captain Martin that they had concluded to take Brown to Leavenworth to await his trial according to the laws, the mob cried out, " no, he'll escape like McCrea," and that they intended to punish Brown them- selves. The Captain did all he could to prevent the raslj- ness of the mob, but finding himself unable to control them, left. They broke open the door and rushed in upon Brown with hatchets and knives. He offered to fight any one of them, but they gave him no chance for his life. He was 272 HISTORY OF KANSAS TERRITOEY. taken out of doors, dragged, chased and pulled around, stabbed and chopped until literally hacked from head to foot. He was finally thrown into a wagon and jolted ten miles over frozen ground to his home, and handed over to his terror-stricken wile. To the inquiries about his fate, he replied, "■ I have been murdered by a gang of cowards in cold blood, without any cause," then laid his head back and breathed his last. Mr. Brown was a prominent member of the Free State party ; had taken part in the defense of Lawrence, and was a member elect of the Legislature. He left a young and accomplished wife and one child. The first Legislature, convened on the 4th of March, passed the following : " Whereas, K. P. Brown, Esq., a member of this House, was inhumanly murdered at Eastin, on the 18th of Janu- ary last, by a body of armed men from Missouri and the city of Kickapoo ; and, whereas, justice to ourselves as well as respect to the memory of the deceased, requires a tribute at our hands ; therefore, " Resolved, That in the cold blooded murder of R. P. Brown, by the hand of a mob ot mercenaries and despera- does, from a neighboring State, we have sustained an irre- parable loss, the State has been deprived of the services of a man of intelligence, integrity, honor, patriotism and true courage, and his family of a kind husband and father. " Ilesolved, That we extend to the bereaved widow our heartfelt condolence on account of the afflicting calamity, and assure her that the whole country joins with her in her grief. '■' Resohed, That while Ave condole with her in her afiiic- tions, we feel that Providence will overrule for good. Mr. Brown has joined the host of Martyrs, whose blood has watered the tree of liberty. His name, with Dow and Bar- ber, will survive and adorn the brightest page in the future history of Kansas, while those who were the instruments of this outrage, like the perpetrators of other foul crimes, will be remembered as a monster in the catalogue of human depravity. " Resolved, That we recommend to the lovers of freedom and justice to erect a monument to the memory of the de- 1855-6.] EVENTS OF THE WINTER. 273 ceased, witli suitable inscriptions, and that the State make liberal contributions in aid of such an enterprise. " Resolved, That we wear the badge of mourning for thirty days in commendation of the heroic conduct of our deceased friend and co-laborer in the cause of freedom. " Resolved, That copies of these resolutions be furnished the several papers in Kansas, and that they be requested to copy the same, and that copies be forwarded to the widow of the deceased." The pro-slavery men not satisfied with the death of Brown, determined to drive out the Free State men from Eastin. They accordingly notified them to leave, by leav- ing notices at their houses, signed by some fifteen or twenty persons. The Free State men fortified, and gathered their forces to protect themselves, and sent for aid to Topeka and Lawrence. A company from these two places went up to their rescue, but the Missourians hearing of their advent, hurried back to their native State. This winter was one of unusual frigidity. Storms, hail, snow and ice rendered it exceedingly disagreeable. The settlers were much exposed to the cold and sleety blasts, having in man}^ instances only open shakes for houses. But it was not the natural elements that caused the most suffer- ing and privation. Settlers were frequently compelled to leave their families upon the lone prairies, to flee either to the rescue of their friends or to make their own escape from the threatened violence. I shall have occasion to speak in the following chapter of the dangers which filled the land, of the gathering hosts of invaders, not from Mis- souri only, but from the whole South. 274 HISTORY OF KANSAS TERRITORY. CHAPTER XXY. EXTERMINATION. The President, in his special message to C-ongress on tLe 24th of January, took tlie position that the enactments of the Territorial Legislature were valid and binding, and, hence, must he enforced. He denounced tlie liree state movement as a party one, and not tluit ol the people. Speaking of it he said : " i^o principle of public law, no practice or precedent un- der the Constitution of the United States, no rule of reason, right or common sense, confers any such power as that now claimed by a mere party in the Territory. In fact, what has been done is ot a revolutionary character. It is avovv-edly so in motive and in aim as respects the local law of the Territory. It will become treasonable insurrection if it reach the length of organized resistance by force to the fundamental, or any other, law, and to the authority of the general Government." Again he said: " Entertaining these views, it will be my imperative dut}' to support public order in the Territory ; to vindicate its laws, whether federal or local, against all attempts of organ- ized resistance ; and to protect its people in the establish- ment of their own institutions, undisturbed by encroach- ments from without, and in the full enjoyment of the rights of self-government assured to them by the Constitution and the organic act of Congress." 1856.] EXTERMINATION. 275 He recommended to Congress as a means to quell the troubles and adjust the difficulties, to pass a bill authorizing the people of Kansas to frame a constitution with a \\ew to admission into the Union. Here was a distinct assurance that not only were the Missourians to be allowed to overrun Kansas and trample upon the rights of its people, but all the power of the fed- eral Government would be applied to compel a recognition of these bogus laws. The Missourians began their preparations for again in- vading Kansas in earnest and determination. They keenlv felt that they had been the losers in the recent campaign in the Territory, notwithstanding their number and boasting. They saw, too, that the conquest of Kansas was not so easy, that the free state men were not only prepared with supe- )-ior arms, but possessed courage and skill. They knew, too, that unless their designs in the conquest of Kansas could be effected the coming year, that it would be lost to slavery. They, therefore, determined upon exterminating the free state men by fire and sword. The Border Ruffians very well knew that the free state men never intended to recognize the Shawnee Legislature as legitimate, as the treaty with Governor Shannon clearly showed. To preserve the cloak of law and order around their infamous designs, Sheriff Jones addressed the follow- ing note to the free state commanders : "Lawrence, K. T., January 15, 1856. "Generals Kobinson and Lane : " Gentlemen : Did you or did you not pledge yourselves, at a council held in Franklin on the — day of December, to assist me, as Sheriff, in the arrest of any person in Law- rence against whom I might have a writ, and to fuvnish me with a posse to enable me to do so ? " Samuel J. Jones, "Sheriff Douglas County, K. T." 27fi HISTORY OF KANSAS TERRITORY. To Avbich the following reply was made : " Samuel J. Jones, Esq., Sir : In reference to your note of 'yesterday, we state that at the time and place mentioned, we may have said that we would assist any proper officer, in the service of any legal process in this city, and also no farther resistance to the arrest by you of one of the res- cuers of Branson would be made, as we desired to test the validity of the enactments of the body that met at the Mission, calling themselves the Kansas Legislature, by an appeal to the Supreme Court of the United States. " Yours, Respectfully, " C. Robinson, "J.H.Lane." It will be seen by this ^ correspondence, that though the free state leaders had agreed to submit to the arrest of the rescuers, it was with the view of testing the legality of the Shawnee Legislature before the highest court in the land. Though they had agreed to assist any projoer officer in the service of any legal process, they still retained the privilege of deterniining who is a proper officer and what is a legal process. The treaty no longer covered the breach between the two parties, but it yawned open wider than before. Early in the winter tumultuous preparations for subduing Kansas began. They sounded like the mutterings of a gathering storm, and echoed far down in the Southern States. Kansas matters were discussed in the weekly ses- sions of the Blue Lodges, plans were concocted by the leaders and approved by public meetings. Mounted horse- men in companies of fifty each were suggested as effective guerrilla parties for scouring the Territory, harrassing the settlers and preventing them from putting in their crops. Finding that their legislative enactments did not punish free state men sufficiently, they urged the necessity of call- ing an extra session of the Legislature to make more strin- gent and penal laws for free state men. After showing the legal difficulties that embarrassed the pro-slavery leaders during the seige of Lawrence, the squatter sovereign sug- 1856.] EXTERMINATION. 277 gested tliat tliese be removed us soon as possible. In mi article of two columns it says : " We say if the abolitionists are able to whip us, and overturn the Government that has been set up here, the sooner it is known the better ; and we want to sec it settled. We Avant to see it determined whether honest men or rogues are to rule here." Dr. ^^tringfel]ow proposed to sell shares in several towns to pro- cure arms " for the volunteers and militia of Atchison County when in service." He heads his article upon the subject thus: " WAR ! WAR ! ! " It seems now to be certain that we shall have to give the abolitionists at least one good thrashing before political matters are settled in this Territory. To do so we must have arms ; we have the men. I propose to raise funds to furnish Colt's revolvers and other arms for those who are without them." The Kansas "Pioneer," on the morning after the disturb- ances at Eastin, sounded the war cry thus : " Rally ! Rally ! * "^ '■^•- * -^ Forbearance has now ceased to be a virtue. Therefore w^e call upon every pro- slavery man in this land to rally to the rescue. Kansas must be immediately rescued from the tyrannical dogs. The Kickapoo Rangers are at this moment beating to arms. A large number of the pro-slavery men wall leave this place for Eiistin in tw^enty minutes. The %var has again com- menced, and the abolitionists have again commenced it. Pro-slavery men, law and order men, strike for your altars ! strike for your firesides ! strike for your rights ! Avenge the blood of your brethren who have been cowardly assailed, but who have bravely fallen in the defense of southern in- stitutions. Sound the bugle of w-ar over the length and breadth of the land, and leave not an abolitionist in the Territory to relate their treacherous and contaminating deeds. Strike your piercing rifle balls and your glittering steel to their black and poisonous hearts ! Let the w^ar cry never cease in Kansas again until our Territory is wrested from the last vestige of abolitionism." 33 278 HISTORY OF KANSAS TERRITORY. The following is taken from a speech delivered in Platte City, Missouri, February 4, by General D. R. Atchison : " I was a prominent agent in repealing the Missouri Com- promise, and opening the Territory for settlement. The abolition orators drummed up their forces and whistled them 0)1 to the cars and whistled them off again at Kansas City ; some of them had ' Kansas and Liberty ' on their hats, I saw this Avith my own eyes. These men came with the avowed purpose of driving or expelling you from the Terri- tory. What did I advise you to do ? Why to meet them at their own game. When the first election came ofi:" I told you to go over and vote. You did so, and beat them. Well, what next ? Why an election of members of the Legislature to organize the Territory, must be held. What did I advise you to do then ? Why meet them on their own ground, and at their own game again ; and cold and inclement as the weather was, I went over witli a company of men. The abolitionists of the Korth said and published it abroad that Atchison ivas there with howie knives, and by G — d it was true. I never did, go into that Territory — I never intend to (JO into that Territory loithout being jjrc pared for all such kinds of cattle. " They have held an election on the 15th of last month, and they intend to put the machinery of a State in motion on the 4th of March. ISTow, 3'ou are entitled to my advice, and you shall have it. I say j^repare yourselves. Go over there. Send your young men and if they attempt to drive you out, then, damn them, drive them out. Fifty of you, with your shot guns, are worth two hundred and fifty of them with their Sharp's rifles. Get ready — arm yourselves, for if they abolitionize Kansas you lose $100,000,000 of your property. I am satisfied I can justity every act of yours be- fore God and a jury." The Border chiefs did not forget to keep themselves right with the administration at Washington. That was an ob- ject of great concern with them. They sent a special mes- senger to represent Kansas matters to the President and his cabinet. In order to retain the sympathy of the Demo- crats North and South, they denied that any outrages had 1856.] EXTERMINATION. 27! » been committecl by them in Kansas ; they declared that pro-shivory men were behig driven from the country oi', shot down on their chiinis, and that the " invasion," ot which the aboUtion presses were saying so much about, Avas but the rush of a few Missourians to the rescue of theii- friends, and to give a helping hand to the Governor in up- hokling the hiws. They represented free state men as tac- tions and attempting to set up a government in opposition to the legally constituted one ab-eady established, and that in carrying out their undertaking they were assisted by money and arms from the East. In this way did they attempt to cover up their foul crimes and dark deeds, x^or were they unsuccessful, as an extract from the " Washington Star," a semi-olficial organ of the President, will show : " The latest troubles in Kansas grew wholly out of the fact that the free state men have already violated the terms of their recent agreement at Lawrence, in essaying to open the polls under the pretense of taking the sense of the peo- ple on their pretended State Constitution, The people o})- posed to them refused to put up quietly with their liagraiit disregard of their solemn pledges, and at Leavenworth and elsewhere smashed tlieir ballot-boxes and made their voting places too hot for them. That's all. Had they kept their faith there would have been no disturbance whatever." The South, which stood abashed at the high-handed acts of injustice tirst committed by the Border Ruffians, at length was led to participate in the struggle. In the latter part of l^Tovember, Jefferson Buford published his card, calling for three hundred 3'oung men capable of bearing arms, to go with him to Kansas. He promised to pay their passage there and furnish them the tirst year's support after their arrival, and guaranteed them a homestead of forty acres of land. He proposed to contribute §20,000 of Ids own funds towards the object, and solicited donations from others, whom he jiromised to remunerate in land. The 280 HISTOEY OF KANSAS TERRITORY. " Eufaula Spirit of the South," alhidiug to this movement shortly afterwards said : " We are gratified to see that the proposed expedition of our friend, Major Buford, to Kansas, is beginning to attract the attention it so eminently deserves. Of late there has been an almost unmistakable stirring of the waters, and the South begins to move like the strong man in his sleep. Erom Virginia and Tennessee, from South Carolina, Geor- gia and Mississippi, every mail brings tidings of gallant young men buckling on their armor for the struggle that is to give Kansas to the South or surrender her to the vaga- bond creatures of the Emigrant Aid Society of Massachu- setts. Warm, true hearts all over the South yearn towards the fearless champion of our rights who nobly perils every thing in the cause. Meetings of the citizens in Montgom- ery and Columbus have recognized him as a leader worthy of the enterprise and the occasion, and have tendered him not only their sympathy, but material aid. At the former meeting, Colonel Gayle, of Dallas, pledged the people of his county for not less than ^5,000. Truly the work goes § bravely on." The Legislature of 'Alabama appropriated $25,000 to- wards equipping and transporting emigrants to Kansas. At a meeting in Gainsville, Mississippi, the following resolu- tions were passed: " Resolved, That we regard the abolitionists as our dire and mortal foes, and denounce them as traitors to their God, who, in his beneficent wisdom, ordained the institution of slavery — as traitors to the laws of our common country, which acknowledge and sanction it, and as traitors to our- selves, whose injury and destruction they wantonly seek. '■'■ Besolved, That we form ourselves into a society to be called ' The Kansas Emigration Society,' and that we solicit the junction of every friend of Southern Rights in the country. " Resolved, That each member, upon admission, pay one dollar, and that the money so raised, and by voluntary con- tributions, be devoted to defraying the expenses of tlie above named emigrants to Kansas. 1856.1 EXTERMINATION. 281 " Resolved, That those patriotic Missouriaus who extended counsel and assistance to their fellow citizens of Kansas, are entitled to the warmest gratitude of the whole South. " Resolved, That, in the opinion of this meeting, the Leg- islature of Mississippi should place $25,000, subject to the order of the Governor of this State, to be employed when deemed expedient, in aid of the people of Kansas in de- fense of their legal and constitutional rights." Similar meetings were held in various Southern States Avith similar results. The Legislatures contributed in ac- cordance with these petitions. Emigrant Aid Societies were formed to induce young men to go to Kansas by pay- ing their expenses, and furnishing them with arms. They sent out men to vote and to fight. Accordingly Colonel Buford, of South Carolina ; Colonel Titus, of Florida ; Col- onel A\^ilkes, of Virginia; Captain Hampton, of Kentucky, and Colonel Treadwell, of South Carolina, all organized companies and arrived in Kansas early in the Spring. The following notices are copied from the Missouri papers : "Southern Sharp Shooters! Twelve young men, emigrants to Kansas, from South Carolina, arrived at St, Louis on Friday. They were armed with rifles, and determined to extend the ' area of slavery! ' " " A large body of Tennesseaus arrived at St. Louis on Saturday, on their way to Kansas. About fifty of the party carried rifles, and were amply supplied with munitions of war." The people of the border sent speakers into the Southern States " to fire'',the Southern heart," and solicit funds and emigrants. Silas Woodson, General B. F. Stringfellow, and others, were sent upon a mission of this kind. In Janu- ary, a letter, of which the following is an extract, went the rounds of the Southern press : * * * * " W^e are in a constant state of ex- citement here (Platte City.) The ' Border Enfiians ' have access to my rooms day and night. The very air is full of 282 HISTORY OF KANSAS TERRITORY. rumors. We wish to keep ourselves right hefore the ^vo^]d, and we are provoked and aggravated beyond suiFerance. Our persons and property are not for a moment safe, and yet Vv^e are forced by the respect we owe our friends else- where, by respect for the cause in which we are engaged, to forbear. This state* of things can not last. You are au- thorized to publish the whole or part of what I have writ- ten. But if Georgia intends to do any thing, or can do any thing for us, let it be done speedily. " Let your young men come forth to Missouri and Kansas. Let them come well armed, with money enough to support them for twelve months, and determined to see this thing out. One hundred true men would be an acquisition ; tlie more the better. I do not see how we are to avoid civil war ; come it will. Twelve months will not elapse before war — civil war of the fiercest kind — will be upon us. We are arming and preparing for it. Indeed, we of the border counties are prepared. Vie must have the support of the South. We are fighting the battles of the South. Our institutions are at stake. You far Southern men are now out of the nave of the war; but if we fail it will reach your own doors, perhaps your hearths. We want men — armed men. We want money — not for ourselves, but to support our friends when they come from a distance. I have novv" in this house two gallant young men from Charleston, South Carolina. They are citizens of Kansas, and will re- main so until her destiny is fixetl. " Let your young men come in squads as fast as they can be raised, well armed. We want none but true men. " Yours, truly, I). R. Atchison. " P. S. I would not be astonished if this day laid the ground work for a guerrilla war in Kansas. I have heard of rumors of strife and battle at Leavenworth, seven miles from this place ; but the ice is running in the Missouri River and I have nothing definite. I was a peace-maker in the difficulty lately settled by Governor Shannon. I counseled the ruffians to forbearance; but I will never again counsel peace. ^D. R. A." 1856.] FREE STATE PREPARATIONS. 283 CHAPTER XXVI. FREE STATE PREPARATIONS AND PROCLAMATION OF THE PRES- IDENT. Xot a week passed after the Wakarusa war that the free state meu at Lawrence did not stand in constant apprehen- sion of an attack trom Border Ruffians. Rumors would reach them of some deep laid plan being perfected on the Border for the destruction of Lawrence, but its character was not fully known. Pro-slavery leaders would ride into town, consult members of their own party, and in a short time be in another settlement. Then the border presses were constantly teeming with invectives — threats and in- tiammatory appeals. It was evident that something was brewing secretly, but the more to be dreaded from the fact that it was secret. Messengers would bring reports of militar}^ stores being collected on the Border, and companies of men organizing ; and " that they were only awaiting a favorable change in the weather to comiuouee an littack." " It is supposed," says the " Herald of Freedom," " they premeditate an at- tack on horseback — probably after night — of two or three hundred persons, meeting simultaneously from different })oints, and that they propose an arrest of several of our principal citizens, and then flee as they came, to make an- other attack after they shall have tortured and finally killed their victims, as was the case with the martyred Brown." 284 HISTORY OF KANSAS TERRITORY. " We understand that an attack is'also expected at Topeka, and tliat our friends there are also preparing for defense." "The friends of freedom in the East may be prepared at any time to hear of the blow being struck. When the war shall be opened in Kansas it will be under different auspices than on former occasions. It will be a struggle in earnest, and we appeal to our friends in the north and the east to hold themselves in readiness to march at a moment's notice to our rescue. They may rest assured that the people of Kansas will stand upon the right, and that they will die be- fore they will surrender." From all that the free state men could see the signs of the times angered trouble, war and extermination. They knew that if the attack was not made in the winter, the difhculties would be renewed in the spring, not by Border Ruffians alone, but also by ruffians and scrapings of South- ern cities. Dark and gloomy was the prospect of the scat- tered freemen of Kansas. Far removed from friends and aid ; with a large and inimical State intervening to cut off succor in the hour of trial , with no chance of subsistence only from what they raised from their fields and little hope of being able to till them ; with a dark clond ready to burst upon their heads, which was still more dark and portentious towards the horizon — they did not despair, but resolved to prepare, as best they could, for the worst. Lawrence strengthened her fortifications. The largest earthwork stood at the foot of Massachusetts Street, to guard the approach from the river. It was one hundred feet in diameter, five feet high, and four feet wide on the top. Upon this the sentinel made his constant beat. In- side was a cabin for the comforts of soldiers, \Yith. arms and ammunition. Companies were armed, equipped and mustered into ser- vice. The most noted of these was Company *' A," called " Stubbs," from their stubby appearance. Couriers w^ere dispatched through the Territory to give warning to free 1856.] FREE STATE PIlEPAllATlo>vS. 285 state men of tlio cx})Octed attack, ;uk1 to liohl tlieinaclvos in readiness to come to the rescue. vVrms, aniiiiimitioii and jirovisions were collected from the vicinity and stored in the city. The Free State Hotel was a barrack for soldierr^ ; pistols and guns lay on tlie mantle pieces, stood in the chimney corners ; officers slept in their council rooms. On the 4th of January the Executive Committee ap- jiointed a deputation, consisting of Messrs. Lane, Emery, Hunt, Goodin, Dickey and lloUiday, to visit all the princi- pal towns of the free States " to plead the cause of the peo- ple of Kansas, and convey and lay before Congress the Con- stitution of the State recently adopted." The Governors of the free States were addressed 1)y the same committee and appealed to for aid. Governor Wright, of Indiana, re- sponded at length, refusing any sudi assistance, on the ground that it would be derogatory to the principles of non- intervention, and that if the people of the Territory were aggrieved it was the duty of the President of the Ignited States to redress them. But letters of sympathy and promises of aid came in abundance from other quarters. The protection of the general Government Avas invoked by the following letter to the President : " Lawrence, K. T., January 21, 1850. "Hon. Franklin Pierce, Pnsidcnt of the United States: "Sir: We have authentic information that an over- whelming force of the citizens of Missouri arc organized on the Border, amply supplied with artillery, for the avowed purpose of invading the Territory, demolishing our towns and butchering our unoft'ending free state citizens. AYe re- spectfully demand, on behalf of the citizens of Kansas, that the commandant of the United States troops in this vicinity, be instructed to interfere to prevent such an inhuman out- rage. Pespectfully, " J. H. Lane, " Chairman of Executive Committe, Kansas Territory. " C. Robinson, Chairman Executive Committee of Safety. "• J. K. Goodin, " Secretary of Executive Committee, Kansas Territory. "George W. Deitzler, Secretary of Committee of Safety." 34 286 HISTORY OF KANSAS TERRITORY. lu two days aftenvarda they addressed another letter to the same official, requesting him to issue Ids proclamation forbidding an invasion. The President, whose ear had al- ready listened to other representations, numbered the free state men among the disturbers of the peace, and equally as guilty as the Border Ruffians, in the following proclam- ation : " "Whereas, Indications exist that public tranquillity and the supremacy of law in the Territory of Kansas, are en- dangered by the reprehensible acts, or purposes of persons, both within and without the same, who propose to control and direct its political organizations by iorce; it appearing that combinations have been formed therein to resist the execution of the Territorial laws, and thus, in effect, sub- vert by violence all present constitutional and legal au- thority ; it also appearing that persons residing without this Territory, but near its borders, contemplate armed intervention in the affairs thereof; it also appearing that other persons, inhabitants of remote States, are collecting money and providing arms for the same purpose; and it further appearing that combinations in the Territory are endeavoring, by the agencies of emissaries and otherwise, to induce individual States of the Union to interfere in the affairs thereof in violation of the Constitution of the United States ; and, whereas, all such plans for the determination of the future institutions of the Territory, if carried into action from or within the same, will constitute the fact of insurrection, and from without that of invasive aggression, and will in either case justify and require the forcible interposition of the whole power of the General Government, as well to maintain the laws of the Territory as those of the Union. "IN'ow, therefore, I, Franklin Pierce, President of the United States, do issue this my proclamation, to command all persons engaged in unlawful combinations against the constituted authority of the Territory of Kansas, or of the United States, to disperse and retire peaceably to their re- spective abodes, and to warn all such persons that an at- tempted insurrection in said Territory, or aggressive intru- sion into the same, will be resisted, not only by the employ- ment of the local militia, but also by that of any available 1856.] FREE STATE PREPARATIONS. 287 forces ot the United States ; to the end of assuring immu- nity from violence and full protection to the persons, prop- erty and civil rights of all peaceful and law abiding inhabi- tants of the Territory. "If in any part of the Union the fury of faction or fa- naticism, inflamed into disregard of the great principles of I'opular Sovereignty, which, under the Constitution, arc fundamental in the whole structure of our institutions, is to bring on the country the dire calamity of an arbitrament ot arms in that Territory, it shall be between lawless vio- lence oil one side and conservative force on the other, wielded by legal authority of the General Government. "I call on the citizens, both of adjoining and of distant States, to abstain from unauthorized intermeddling in the local concerns of the Territory, admonishing them that its organic law, is to be executed with impartial justice ; that all individual acts of illegal interference, will incur condign punishment, and that any endeavor to interfere by organ- ized force, will be hrmly withstood. "I invoke all good citizens to promote order by render- ing obedience to the law ; to seek remedy for temporaiy evils by peaceful means ; to discountenance and repulse the counsels and the instigations of agitators and disorganizers ; and to testify their attachment to their i)ride in its great- ness, their appreciation of the blessings they enjo}', and their determination that republican institutions shall not fail in their hands, by co-operating to uphold the majesty of the laws and to vindicate the sanctity of the Constitution. " In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed to these presents. " Done at the City of Washington, eleventh day of Feb- ruary, in the year of our Lord, one thousand eight hundred and fifty-six, and of the Independence of the United States the eightieth. " By the President. Franklin Pierce. " W. L. Marcy, Secretary of State." This proclamation was evidently aimed at the free state men, and only tended to render their condition more help- less. While it arrayed their movements in disowning the Shawnee Legislature and refusing to observe its euactme nts 288 HISTORY OF KANSAS TERRITORY. directly against the power of the United States, it in no way restrained the violence of the Border Ruffians, who claimed to be acting under the laws and officers of their own making. This proclamation was received with general satisfaction among the pro-slavery men, ex- cept in one particular, viz : that they were engaged in open resistance to the laws of the Territorv. At a meetine; in Independence, Missouri, called to consider the proclama- tion, they passed resolutions denying that the people of the Border had in any way sought to resist the laws of the Territory, and proffering their assistance to the President to aid in the execution of said laws. Surely this was cool. Why should Missourians resist the law^s ? The}'' made them and could change them whenever they wished. Said one of their spokesmen in the Wakarusa W' ar . "We made them— Missouri made them — sir, and she has a right to enforce them ; and if she don't wdio will ?" Then this proclamation added " the wdiole force of the Government" to that of Missouri, in upholding the " bogus laws" of tlie Territory. On the 16th of February, by a letter from Secretary Marcy, Governor Shannon was authorized " to make requi- sition upon the officers commanding the United States mil- itarj^ forces at Fort Leavenworth and Fort liiley, for such assistance as may be needed" '' for the suppression of insur- rectiouary combinations, or armed resistance to the execu- tion of the laws." 1856.] STATE LEGISLATUEE. 289 CHAPTER XXVII. STATE LEGISLATURE. The winter passed by without any attack from the Mis- sourians. It was the opinion of many that if the assault should be deferred, it would take place on the 4th of March, when the State Government should'' go into operation. " Senator Atchison, in his speech in Platte City," some time in February, "told his friends to hold themselves in readi- ness against the 4th of March, when they should be called upon to march into the Territory." A notice likewise ap- peared in the Independence "■ Dispatch," " for the militia of the border counties of Missouri to rendezvous at Fort Scott'' on the 29th of February. These militia consisted of mounted riflemen, who could sweep through the Terri- tory without opposition. It was confidently asserted l)y the pro-slavevy men after the President had issued his proclamation, that the assem- bling and organization of the free state Legislature, by its members taking the oath of office, would render them guilty of treason. President Pierce, in his message to Congress, had denounced the free state movement as revolutionary in character, and that if it should reach an organized resis- tance to the Territorial laws, it should be suppressed by the power of the General Government, and denominated it ^'treasonable insurrection.'' It was, therefore, feared by the friends of the free state movement that the members of 290 HISTORY OP KANSAS TERRITORY. the Legislature, on taking the oath of office, together with the state officers, would render themselves liable to arrest, on which account many advised against this step. ]!^evertheless, the Legislature convened on the 4tli of March, at Topeka, and likewise the officers of the State Government, agreeable to the call of the chairman of the Executive Committee. The House was called to order by Colonel J. II. Lane, the oath of office administered, and the roll called by the Secretary 'pro tern. Thirty-two men re- sponded to their names as called. T. Miuard, of Eastin, was elected Speaker ; J oel K. Goodin, of Blanton, Clerk ; Samuel Tappan, of Lawrence, assistant Clerk; J. Snod- grass and J. K. Goodin transcribing Clerks, and J. Mitch- ell Sergeant-at-Arms. The Senate having organized, both Houses went into joint session, to witness the installation of State officers. They all took the oath of 'office, which w^as administered by John Curtis, President pro tempore of the Senate. The Governor then delivered his inaugural ad- dress, of which one thousand copies were ordered to be printed. The following day the Governor's message was received by both branches of the Assembly. It was a straight for- ward and high toned document. After referring to the dif- ficulties in the way of forming a new state government, and calhng attention to many subjects of importance that should engage their consideration, he referred to the relation of the new State government to that of the Territorial government, in the following discreet manner : " It will be remembered that a skeleton of a government still exists in our midst, under the Territorial form, and al- though this was but the foreshadowing of a new and better covenant, collision with it should be carefully guarded against. A Territorial Government should be transient in its nature, only writing the action of the people to form one of their own. This action has been taken by the peoj^le ot Kansas, and it only remains for the general Government to 1856.] STATE LEGISLATURE. 201 suspend its Territorial appropriations, recall its officers, and admit Kansas into the Union as a sovereign State. " The reasons why the Territorial Government should be suspended and Kansas admitted into the Union as a State, are various. In the first place it is not the government of the people. The executive and judicial officers have been im- posed upon the people by a distant power, and the officers thus imposed are foreign to our soil, and are accountable not to the people, but to the Executive 2,000 miles distant." " Again ; Governments are instituted for the good and protection of the governed, but the Territorial Government of Kansas has been, and still is, an instrument of opprcs- and tyranny, unequalled in the history of our Republic. The only ollicers that attempted to administer the lavv^s im- partially, have been removed, and persons substituted who have aided in our subjugation." " The Territorial Government should be withdrawn, be- cause it is inoperative. The officers of the law permitted all manner of outrages and crime to be perpetrated by the invaders and their friends with impunity, while citizens proper are naturally law abiding, and order lo^dng, disposed rather to suffer than do wrong. Several of the most ag- gravated murders on record have been committed, but as tong as the murderers are on the side of the oppressors no notice is taken of them. Kot one ot the whole number has been brought to justice, and not one will be by the Terri- torial officers. While the raauraders are thus in open vio- lation of all law, nine-tenths of the people scorn to recog- nize as law the enactments of a foreign body of men, and would sooner lose their right arm than bring an action in one of their misnamed courts. Americans can suffer death, but not dishonor, and sooner than the people will consent to recognize the edicts of the lawless as laws, their blood will mingle with the waters of the Kansas, and this Union will be rolled together in civil strife." He then proceeded to review the late Legislature and the conduct of the President of the United States with reference to it, and likewise with reference to the free state move- ment. 292 HISTORY OP KANSAS TERRITORY. Three Cominissiouers were appointed l)y joint ballot of both Houses to codify the laws for the State of Kansas. J. li. Lane and A. 11. Reeder were elected United States Sen- ators, to take their seats when the State should be ad- mitted. Rules and regulations to govern the deliberations of the Legislature were reported and adopted. Several bills of too little importance to note were passed. Salaries and duties of State officers were fixed, and a bill for the en- couragement of agriculture was passed. A memorial for Cono-ress, in a Conference Committee of both bodies of the Legislature, was prepared^and passed, asking the admission of Kansas to the Union as a State, under the Topeka Con- stitution. Without taking any steps that would necessarily^ bring the two governments in the Territory in conflict, the Legislature on the 15th ot March adjourned until the 4th of July, 1856. They were'not interrupted in their deliber- ations by attempts at arrest or interference of any kind. Sheriff Jones, however, attended the sessions, taking notes and recording the names of members and officers in a mem- orandum book. The Executive Committee of Kansas Territory made its report to the Legislature and closed its existence. Its du- ties, powers, privileges and responsibilities, passed into the Executive Department of the new government. The work- ings of this committee, which exercised the functions of the primitive free state government, and directed the movement, which resulted in a free state organization, demands a more extended notice. The following is clipped from the "Ilerald of Freedom," and no doubt perfectly reliable : " The committee held a meeting in Lawrence to decide upon a plan of action. Colonel Lane was appointed chair- man and J. K. Goodin Secretary. They opened an office, and were almost constantly in session. Without money or any means, save such as was furnished by themselves, or the script which they issued, they organized the entire Ter- ritory into election districts, and held the election of Octo- 1856.] STATE LEniSLATURE, 2^3 her 9, 1855, for Delegates to the Charleston Convention. The expenses ot that convention were defrayed by scrip, us were all the incidental expenses of sending agents through the Territory with election documents, holding elections and making returns at the adoption of the Constitution on the 15th of December, as well as the election of officers under it, on the 15th of January following. " It is difficult to convey to the reader an idea of the vast amount of unrequited labor, which was performed on that occasion, and by that Committee. Judge Schuyler was commissioned, in December of 1855, to visit the East, and solicit funds for the Committee ; but instead of appropriating the funds raised by him to enable the Committee to go on with their onerous duties, they w^ere employed to pay the expenses of defending Lawrence against the invasion from Missouri, indorsed by Governor Shannon. '' Mr. Parrot also visited the East, his object being more specifically to make the acquaintance of members of Con- gress, and interest them in the affairs of Kansas, and in favor of the new'>' constitution. It so happened that Mr. Holliday was compelled to be absent most of the time from the Executive sessions ; hence, on the four remaining mem- bers ot the Committee devolved the })rincipal burden. Col- onel Lane and Judge Smith were actively employed con- tinually, while Mr. Goodin, as Secretary, found hardly time to repose. Their office was shifted from place to place to accommodate the necessities of the occasion, and during the winter it w^as with the greatest difficulty, at times, they could get lip sufficient warmth to keep their hands in a con- dition for w'riting. " The Committee, through their chairman, after having organized a State Legislature, submitted to that body a full report of their action, from which it appears that the whole cost of organizing, and perfecting the State Government to that date was but a triHe over eleven thousand dollars. They rendered to that body their books and papers, and thus completed their labor. Whether beneficial or other- wise, they accomplished with fidelity the duties they were commissioned to perform ; and completed, in the brief pe- riod of loss than six months, all the necessary work of pro- jecting and setting in motion a State Government, and that in the face of diiliculties, which ordinary men under like circumstances would have abandoned as impracticable. 35 294 HISTOKY OF KANSAS TERRITORY. '' Complaints were made at the time because the constitu- tion was not earlier submitted to Congress after its adoption by the people. The Committee vindicated themselves against this charge, and amply sustained their position be- fore the country for the delay. They claimed that it was inexpedient to submit it to Congress until that body was fully organized, which was prevented by divisions there until near the close of January ; then the difficulties at Eastin followed, which delayed action until about the time the State Legislature were to convene, when it was thought best to accompany it with a memoriaPfrom the State Leg- islature." The writer has looked over the records of the Treasurer of the Executive Committee, and ^ascertained therefrom that the total amount of scrip issued by that body was $15,265.90. The Topeka Constitution required the first Legislature to make provisions for the redemption of this script, which it did; but as the Legislature itself never had any practical existence, its legislation was of no avail. This scrip at first was bought and sold in market, a con- siderable amount negotiated in the East to the friends of Kansas, and those who had faith in the Topeka Govern- ment. Much of it was employed in carrying on the Wa- karusa war. When it became apparent that the Topeka Government would not succeed, it lost its value, and finally became worthless when that government was abandoned. The following were the members of the first free state Legislature : SENATORS. Adams, J. M. Cole, J. Curtis, J. Daily, — Dunn, L. Fish, P. Fuller, J. C. Green, B. Harding, G. S. Hillyer, H. M. Hook, J. M. Irvin, D. E. Jones, S. B. McKenzie, B. W. Miller, J. H. Pillsbury, J. E. Khaum, T. G. Thornton, W. W. L^pdegraff. REPRESENTATIVES. S. N. Hartwell, J. B. Abbott, John Hutchingsou, H. F. Saunders, James Blood, C. Hornsbury, E. B. Purdam, J. 1856.] STATE LEGISLATURE. 295 McGee, M. C. Dickey, W. R. Frost, W. A. Sumnerwell,',^. McWhinney, S. T. Shores, S. R. Baldwin, David Rees, I). W. Cannon, Isaac Landers, J. M. Artlinr, II. H. AVilliam.s, H. W. Labor, A. B. Marshall, J. D. Adams, T. W. Piatt, Rees Furby, B. II. Brock, John Landis, E. R. Zimmerman, W. T. Burnett, L. V. Patty, F. A. Minard, Isaac Cady, Thomas Bowman, J. Brown, jr., Henry Todd, J. Hornby, Abraham Barre, Richard Murphy, WiUiam Hicks, B. R. Martin, William Bayliss, J. W. Stevens, J. K. Edsaul, S. J. Campbell, S. Goslin, II. B. Strandilord, Isaac B. Iliggin?, T. J. Addis, D. Toothman, William McClure, J. B. Wetson, William B. W^ado, A. Jameson, A. D. Jones, William Crosby, S. Sparks, R. P. Brown, A. Fisher. 296 HISTORY OF KANSAS TERRITORY. CHAPTER XXVIII. CONGRESS INVESTIGATING COMMITTEE. The thirty-fourth Congress assembled on the 3d day of December, 1855. In the House neither party liad a major- ity ; the Senate was strongly pro-slavery. Congress par- took of the excitement in which Kansas was involved, and which affected the whole country. Xine weeks were con- sumed in repeated efforts by the House to elect its Speaker. Finally a majority voted that the plurality rule should be applied to end the contest, whereupon Mr. X. P. Banks was elected. This was regarded as an anti-slavery triumph. On the 4th of February Mr. Whitfield appeared as the duly elected delegate from Kansas Territory, was sworn in and took his seat in the House of Representatives. Mr. Reeder then came forward and gave notice that he would contest the seat of Mr. Whitfield, as the duly elected dele- gate from Kansas Territory. The latter claimed his seat because elected according to law, the former, because elected by the settlers of Kansas Territory. The House, which had the power to determine the quali- fication of its members, chose not to trust to conflicting ru- mors in regard to Kansas affairs, but appointed a committee on the 19th of March to proceed to the scene of difficulties and take depositions in regard to them. The following are the resolutions of the House providing for the committee : 1856.] INVESTIGATING COMMITTEE. "March 19, 1856. " Resolved, That a committee of three of the members of this House, to l)e appointed by the Speaker, shall proceed to inquire into and collect evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud or force attempted or practiced, in reference to any elections which have taken place in said Territory, either under the law organizing said Territor}^ or under any protended law which may bealleged to have taken effect therein since. That they shall fully investigate and take proof of all violent and tumultuous proceedings in said Territory at any time since the passage of the Kansas- jS'ebraska act, whether engaged in by residents of said Territory, or by any person or persons from elsewhere, going into said Territory, and doing or en- couraging others to do any act of violence or public dis- turbance against the laws of the United States, or the rights, peace and safety of the residents of said Territory, and for that purpose said committee shall have full power to send for and examine and take copies of all such papers, public records and proceedings as in their judgment shall be useful in the premises; and, also, to send for persons and examine them on oath or affirmation as to matters within their knowledge touching the matters of said investigation ; and said committee, by their chairman, shall have power to ad- minister all necessary oaths or affirmations connected with their aforesaid duties. " Resolved, farther, That said committee may hold their investigations at such places and times as to them may seem advisable, and that the\^ have leave of absence from the duties of this House until they shall have completed su&h investigation. That they be authorized to employ one or more clerks and one or more assistant sergeants- at-arms to aid them in their investigations ; and may administer to them an oath or aflirmation faithfully to perform the duties assigned to them respectfully, and to keep secret all matters that may come to their knowledge, touching such investigation as said committee shall direct, until the report of the same shall be submitted to this House; and said committee may discharge any such clerk or assistant sergeant-at-arms, for neglect of duty or disregard of instructions in the premises, and employ others under like regulations. 298 HISTORY OP KANSAS TERRITORY. '■'' Resolved, further, That if any person shall in any man- ner obstruct or hinder said committee, or attempt to do so ill their said investigation, or shall refuse to attend on said committee, and to give evidence when summoned for that purpose, or shall refuse to produce any paper, book, public record, or other proceeding in their possession or control, to said committee when so required,- or shall make any dis- turbance where said committee are holding their sittings, the said committee may, if they see fit, cause any and every such person to be arrested by said assistant sergeant-at-arms and brought before this House, to be dealt with as for con- tempt. ^^ Resolved, further, That, for the })urpose of defraying the expenses of said commission, there be and hereby is appropri- ated the sum of ten thousand dollars ($10,000) to be paid out of the contingent fund of this House. " Resolved, further, That the President of the United States be and is hereby requested to furnish to said com- mittee, should they be met with any serious opposition by bodies of lawless men, in the discharge of their duties aforesaid, such aid from any military force as may at the time be convenient to them, as may be necessary to remove such opposition, and enable said committee, without moles- tation, to proceed with their labors. " Resolved, farther. That when said committee shall have completed said investigation, they report all the evidence so collected to this House." The following gentlemen were appointed members of this committee by the Speaker: Messrs. John Sherman, of Ohio ; William A. Howard, of Michigan, and Mordecai Oli- ver, of Missouri. The committee, with four clerks, one re- porter, and three sergeants-at-arms, arrived at Lecompton on the 18th of April, and immediately entered upon their work. Messrs. Reedcr and Whitfield were requested to be present at the examination of witnesses, and to subpoena such witnesses as they chose. Many }»ublic papers and documents at Lecompton were authorized to be copied b}' the Committee. On the 28d of that month they met at Lawrence, where they began taking depositions. After 1856J INVESTIGATING COMMITTEE. 200 taking sixty-four they adjourned successively to the follow- ing pUices, and continued their examinations : Tecumseh, Lawrence, Leavenworth City, Westport, steam boat "Polar Star," Detroit, New York and Washington. They wore absent four months, and took three hundred and twenty- three depositions, and gathered a mass of various doc- uments, all tending to throw light upon the afl'airs of Kan- sas. Their report was published in full, making a large octavo volume of twelve hundred and six pages, and con- taining an exposition of the most flagrant crimes and wanton outrages ever perpetrated in America. The com- mittee reported "the following facts and conclusions as es- tablished by the testimony : " " First, That each election in the Territory, held under the organic or alleged Territorial law, has been carried by or- ganized invasion from the State of Missouri, by which the people of the Territory have been prevented from exercis- ing the rights secured to them by the organic law. " Second, That the alleged Territorial Legislature was an illegally constituted body, and had no power to pass valid laws, and their enactments are therefore null and void. " Third, That these alleged laws have not, as a general' thing, been used to protect persons and property and to punish wrong, but for unlawful purposes. " Fourth. At the election under which the sitting dele- gate, John W. Whitfield, holds his seat, was not held in pursuance of any valid law, and that it should be regarded only as the expression of the choice of those resident citi- zens who voted for him. " 1 ifth. That the election under which the contestant del- egate, Andrew H. Ivoedcr, claims his seat, was not held in pursuance to law, and that it should be regarded only as the choice of the resident citizens who voted for him. " Sixth. That Andrew II. Reeder received a greater num- ber of votes of resident citizens than John W. Whitfield for delegate. " Seventh. That in tlie present condition of the Territory a fair election can not be held without a new census, a stringent and well guarded election law, the selection of im- 300 HISTORY OF KANSAS TERRITORY. j)art.ial judges, and the presence of tbe United States troops at every place of election. " Eighth, That the various elections held by the people of the Territory, preliminary to the formation of the State government, have been as regular as the disturbed condi- tion of the Territory would allow ; and that the Constitu- tion passed by the convention held in pursuance of such elections embodies the will of the majority of the people." The appointment of this committee was the work of the anti-slavery sentiment in the House, supported by those who desired the development of truth. Many of the peo- ple of the J^orth imagined that the Kansas difficulties grew in an equal measure out of the distinct factions of settlers, pro-slavery and free state men, each aided and abetted by societies in the States. Others were disposed to regard ac- counts of invasion and outrages by Border Euffians as greatly exaggerated. The appointment of this Committee was hailed with feelings of satisfaction in the ISTorth, as being the means of exhibiting the true status of affairs in the Territory of Kansas, and shaping the action of Congress in accordance with the wishes of the actual settlers. On the other hand, the appointment of this Committee was bitterly opposed by pro-slavery men. I^inety-three voted against it in the House of Representatives, and one hundred and one for it. They had no desire to have mat- ters settled in Kansas equitable and just to both parties in- terested. They fully knew the character of the proceedings of the Missourians, and had been advisory to them all. From the very beginning of the Kansas controversy, they had resolved that Kansas should be made a slave State, re- gardless of the means employed. They, therefore, desired no peaceable settlement of the question, unless it should be by surrendering Kansas up to slavery vrithout a struggle. Stung to madness by the prospect of having their black designs and vicious conduct exposed to the world, and the cause of justice vindicated, the Border Ruffians plunged 1856.] INVESTlGATIN(i COMMITTEE. 301 into greater excesses of oppression and wickedness. Con- tempt for the General Government was openly declared, that Kansas should be made a slave State at every hazard, and in case of any interference on the part of Congress, the Union should be shivered into fragments. They immediately began to carry out tlieir previous and oft-repeated threats of war and extermination. The idea of blockading the Missouri was first announced in the " Squatter Sovereign," in these words : " We suggest the propriety of the ' Border Ruffians' es- tablishing a Quarantine, some where between St. Louis and Kansas City, where all steam boats may be searched, and the infectious political papers be prevented from tainting the air of Kansas Territory with their presence. We see no impropriety in, and should they not do it, they will have to bear the name of having so done. Have they not been branded as ' Ruffians,' ' Cut-throats,' ' Robbers ' and ' Trai- tors' — if they are to bear such names, let them do some- thing, we say, that will entitle them to the ' honor.' We are opposed to receiving something for nothing. We suggest Lexington as a suitable place for the establishment of a Po- litical Quarantine." This suggestion, which seemed ridiculous at first, was subsequently practically carried out. On the 9th of March the steamer "Arabia " was detained at Lexington, and a lot of Sharp's rifles, in the care of Mr. Hoyt, designed for the free state men, were taken off and retained by a mob. Henceforth wo shall repeatedly notice the searching ot boats, the indignities heaped upon free state passengers, and their frequent arrest and detention, until we shall see the Mis- souri River entirely blockaded against free state emigrants. The Rev. Pardee Butler, as he was passing through Atchison, on the oOth of March, was again seized by a mob and subjected to gross indignities. The Ruffians, princi- pally Southerners, headed by Robert S. Kelly, gave him a 7 nock trial, first sentenced him to be hung, but after- 36 302 HISTORY OF KANSAS TERRITORY. Avards changed it. They stripped him of his clothing to the waist, then applied tar and " cotton wool " to his hody. Placing him in his buggy they conducted him to the sub- urbs of the city, and sent him home to his family on Stranger Creek, with the emphatic assurance that if they should catch him in Atchison again, they would certainly hang him. The Investigating Committee made their report on the 1st of July to the House. The Committee on Contested Elections soon after introduced a resolution to oust Mr. "Whitfield and admit Mr. Reeder, which was lost by 19G nays to 3 yeas. The question was divided and the resolu- tion ousting Mr. Whitfield was passed, August 4, by 110 yeas to 92 nays ; while the resolution admitting Mr. Reeder was defeated by 113 nays to 88 yeas. 1856.] ARRESTS AND EXPULSIONS. .308 CHAPTER XXIX. THE LEADING FREE STATE MEN ARRESTED, OR DRIVEN FROM THE TERRITORY. In April emigration from the diiferent States in the Union began pouring into the Territory. In consequence of the threatening prospect of Kansas, a general interest and sym- pathy was felt for her free state settlers. Public meetings were held, speeches made, and exhortations given, for men to go to the rescue of the overpowered free state men in Kansas. Though many came to find homes in the Terri- tory, yet others came more especially on account of the an- ticipated conflict. They came armed, prepared for, and expecting, a battle. Among those who had gone East to lecture on Kansas difficulties, was Mr. S. !N^. Wood. He had left Kansas soon after the Wakarusa war to escape arrest by tSherift' Jones. He returned in April with a party of about one hundred from Ohio. Mr. Wood was identified with the free state movement from the beginning, and contributed much to its success. He is a genius in his way; extremely radical, always in politics and always elected. He is as aspiring, scheming and ambitious as Lane was, but a better man in principle and morals. He is now a Kansas Judge, and re- sides at Cotton Wood Ealls. Emigration likewise poured in from the South in great numbers. They were chictly young men, of vicious and 304 HISTORY OF KANSAS TERRITOllY. reckless characters. They were a mercenary set of rogues, who had been hired to come out and subdue Kansas. Their expenses were paid, a j'ear's support guaranteed, and a promise of a homestead given. We have ah'eady noticed the preparation of the South to send out men to maintain slavery in Kansas. They came armed, as we have seen, and desired and expected a fight. The chief band of Southern emigrants that came into the Territory this spring was led by Colonel Buford. They were a desperate class of young men, composed chiefly of thieves and robbers from Southern cities. They robbed their leader of a considerable sum of money on their way up the Mis- souri River, and soon fell into disrepute with the Missou- rians. On arriving at Kansas City, they were drawn up in military array and called upon to sign a pledge, and in the most sacrilegious manner, upon their bended knees, gave an oath that they would not leave Kansas until it was made a slave State ; that they would be ready to fight for " South- ern rights whenever called upon ; that they would never vote anything but the pro-slavery ticket, and should be subject to the direction of their leaders," &c. A business contract was likewise promulgated, which' created dissatis- faction, because the Southern youths declared it different from that which had been presented on their settmg out. They were quartered for some time along the Border, and supported by contributions from the South and levies upon the Border towns. We shall narrate some of the flagrant acts and brutal outrages committed by these Southern gentry during the following summer, ITot all of these Southern emigrants were rogues. Some were high minded fand honorable young men, many of whom soon became disgusted with the whole pro-slavery proceedings in Kansas and returned home. The persecutions Avere commenced by attempts on the part of Territorial authorities to arrest free state men for old or trivial ofi'enses. On the lOth of A})ril Sherifi' Jones 1856.] ARRESTS AND EXPULSIONS. * 305 made his appearance in Lawrence, and proceeded to arrest S. N. Wood, who had just returned, upon the stale charge of rescuing Branson. lie obtained possession of his person, but a crowd gathering around, by a kind of sportive mock- ery and ridiculous interference, diverted the Sheriff's atten- tion, slipped his pistol from him, and permitted the pris- oner to quietly walk away. Jones thus bafiied in the dis- charge of his functions as bogus Sheriff, left the town in rage and repaired to Lecompton. There he gathered a posse of four men, and returned to Lawrence on the fol- lowing day — Sunday — with additional warrants against those who had indirectly aided Wood's escape. The citi- zens were quietly and peaceably assembling for church when he entered the town. lie summoned some of those with whom he met to assist him in his arrests, but they passed on and paid no attention to him. He searched for Wood, but was unable to find him. Seeing Tappan, one of Branson's rescuers, in the crowd, which by this time had gathered to witness the pompous display of legal authority, the Sheriff pounced upon him with great violence. It will be remembered that this individual had been arrested be- fore, and was anxious for trial in order to test the Territo- rial laws in the Supreme Court; but he could not get a hearing before the Territorial Courts. Jones having seized him so roughly, he struck the ofhcial. This was indignity and contempt enough. The Sheriff left in rage, declaring " he would bring in the troops, and the arrests should be made. He bad now some forty names on his paper, against whom warrants should be served." This was no empty threat; for the execution of it would afford a pretext for what the Sheriff' had long plotted to accomplished — the destruction of Lawrence. On returning to Lecompton he addressed the Governor, stating the above facts, and that he had been resisted in his attempts at ar- rests, his prisoners rescued and viokMiee offered himself, and 306 HISTORY OF KANSAS TERRITORY. called upon the Governor for a military force to enable liim to execute liis warrants. Governor Shannon immediately wrote to Colonel Sum- ner, requesting an officer and six men from the Federal forces, to act as a posse for the Sherifi" in executing his war- rants. Colonel Sumner, vdio at once complied by sending a detachment of ten men, under Lieutenant Mcintosh, sent the following letter to Lawrence : " Headquarters 1st Cavalry, '' Fort Leavenworth, April 22, 1856. " Sir : A small detachment proceeds to Lecompton this morning on the requisition of the Governor, under orders of the President, to assist the Sheriff of Douglas County in executing several writs, in which he says he has been re- sisted. I know nothing of the merits of the case and have nothing to do with them. But I would respectfull}' im- press upon you and others in authority, the necessity of yielding obedience to the proclamation and orders of the General Government. Ours is emphatically a government of laws, and if they are set at naught there is an end of all order. I feel assured that on reilection you will not com- pel me to resort to violence in carrying out the orders of the Government. I am, sir, very respectfully, your obedi- ent servant, E. V. Sumner, " Colonel 1st Cavalry, Commanding. '• To the Mayor of Lawrence." Mr. Jones, arriving at Lawrence on the 23d of April, with his United States 2}0sse comitatus, arrested six respect- able citizens on the charge of contempt, for not responding to his call for help a few days previous. These prisoners were lodged in a small room under the guard of dragoons, instead of being brought before a Squire and admitted to bail. In thus treating them as felons, it was evidentl}^ the design to exasperate the feelings of their friends and pro- voke a rescue. The quasi-Sheritf had obtained another warrant to arrest Mr. S. K. Wood, from the United States 1856.] ARRESTS AND EXPULSIONS. 807 Marshal, upon the charge of larceny, but was unable to tind him. That evening !Mr. Jones remained with Lieutenant Mcin- tosh in his tent. About 10 o'clock at night he was iircd upon three times from the darkness, the third shot taking effect in his spine between his shoulders. lie fell appa- rently dead, and was quickly carried to the hotel, the sur- gical aid of Dr. Stringfellow called in, and every attention and care was bestowed upon the wounded man. At this tragical occurrence all was excitement and con- fusion in town. ISTo one knew who the assassin could be, and no traces of him could be discovered. The people of Lawrence were as ignorant and innocent in regard to the attempted murder as the friends of Jones. And the author is not aware that it is known to this day who committed the offense. On the next morning the citizens who depre- cated the unfortunate event, met and passed resolutions de- claring the act " unexpected and unlooked for by the com- munity, and unsustained by au}^ portion of them;" that "it was an atrocious outrage upon Mr. Jones, and an insult and injury to the public sentiment and reputation of our town, and a crime deserving condign punishment ;" that " we deeply sympathize with the wounded man, and will afford him all the aid and comfort in our power ;'" " that a com- mittee of live be appointed, whose duty it shall be to inves- tigate the circumstances connected with this deplorable oc- currence, and, if possible, to ferret out the guilty agent." jSTo sympathy was manifested for the murderous act, and a reward of ^500 was offered by George W. Dietzler, as Sec- retary of the Committee of tSafety, for the apprehension of the assassin. Sam. Salters, an ignorant l)rute, was immediately consti- tuted deputy Sheriff, in consequence of the disability of Jones. He, with deputy Marshal Fain, a South Caroli- nian, continued the harass of tree state men. They had writs for the arrest of the rescuers of Branson, and many 308 HISTORY OF KANSAS TERRITORr. Avlio Jiad treated witli indiii'erence Mr. Joues* cull lor as- sistance. These men, unwilling to be dragged away from home and cast into prison, or to recognize the bogus author- ity by giving bail ; not wishing to come into contlict with the United States troops, which, by order of the President, were now brought to bear upon them, they determined to elude the search of the Territorial officials and thus escape arrests. This they did most eftectually for several days. Some would secrete themselves in brush or ravines during the day and visit their homes at night ; others whose homes were more constantly watched, dared not even do this, but v.'ould repose at night wherever they found it safest. Free state families left their doors unlocked that fugitives might lind shelter beneath their roofs. All the while Salters and Fain, with a United States posse trooping at their heels, continued incessantly their search, visiting the homes of free state men, pursuing the fleeing fugitives. Many laugh- able and exciting incidents could be related about this hunt- ing for free men ; but our space will not allow us. Meantime Lawrence, the doomed city, the Ilium of Kan- sas, had been environed by armed men, and all egress pre- cluded by bands of patrols. Two days before Jones was shot a company of Ruffians had encamped in the Delaware reserve, opposite Lawrence. Great excitement prevailed in the town. General AVhitfield, who had been attending the meetings of the Investigating Committee, declared it unsafe for himself and witnesses to remain there, and requested the Committee to adjourn to some other place. Mr. Oliver made a motion to that effect, but it w^as lost, and the Com- mittee continued its work at Lawrence. Colonel Sumner, who had received a dispatch from Lieu- tenant Mcintosh in regard to the Lawrence difficulties, im- mediately set out with his command for Lecompton. He reported himself to the Governor, wlio informed him that no more arrests could be made in Lawrence, as the persons against whom writs were held had fled the country, and \ 1856.] ARRESTS AND EXPULSION'S. ;}09 tliat a small poBse would answer the purposes of the dep- uty Sheriff. The Colonel returned to Fort Leavenworth soon afterwards. Colonel Sumner, while in camp near Lawrence, wrote a note to Grovernor Kobinson advising* non-resistance to legal processes, and thus avoid a conHict with the United States Ibrces under his command, and that the people of Lawrence should take measures for the arrest of Jones' assassin. Governor Robinson replied that the citizens of Lawrence condemned the shooting of Mr. Jones ; that they were with- out any municipal government, and hence had no one to speak officially for them ; that he believed they were loyal to the Government and ready to do all in their power to maintain the laws. He likewise sent a copy of the resolu- tions passed at the meeting of the citizens relative to the attack upon Mr. Jones. ]\Ir. Keeder having failed to obey a subpoena to appear before the Grand Jury of Douglas County, a writ of attach- ment was issued for contempt o^ court. This was placed in the hands of deputy Marshal Fain, who, on the 7th ot May, proceeded to execute it. He found Mr. Reeder in the room with the Investigating Committee at Lawrence. Mr. Reeder had been indetatigable in his efforts to elicit truth before the Committee by introducing witnesses and cross- examining others. The object of his subpcena and arrest, it was thought, was to deprive him from serving the Com- mittee. From the deep hatred with which the pro-slavery party regarded him on account of his impartialit}^ as Exec- utive of the Territory, and his final alliance with the free state party, it Avas apprehended that his person would be greatly endangered among the ruflians at Lecompton. ^Yhen the writ was placed in his hands, he appealed to the Committee for protection as privileged from arrest as a member of Congress, and because having been cited to ap- pear with them to take part in the investigation. The Committee, after consultation, decided that " the privilege 37 31 HISTORY OF KANSAS TERRITORY. [roiu arrest Liiveu by the laws to tiie lucnibers oi" this Com- mittee and the sitting and contesting delegates was not a matter for them to enforce, and declined to mnke any deci- sion whatever, or take any action npon the application thns made." Mr. Ileeder, on hearing this decision of the Committee, rose to his feet, and, looking the Marshal steadily in the face, said : " As the Committee have refused to protect me, I fall back upon my natural rights, and any man who lays hands upon me, whether as an officer or otherwise, does so at his peril." The timid Marshal quailed before this stern language, left the room, and retired to Franklin to consult his Southern friends who had gathered there. Indictments and writs were made out against all the lead- ing free state men in the Territory. Some were indicted for high treason and usurpation of office ; others for per- jury, contempt of court, larceny, &c. Agreeable to the in- structions of Chief Justice Lecompte, the Grand Jury of Douglas County indicted for treason, Andrew II. lieeder, Charles Robinson, James H. Lane, George W. Brown, George W. Deitzler, George W. Smith, S. ]Sr. Wood and Gains Jenkins. The following day the Coinnuttee adjourned and })ro- ceeded to Tecumseh in company with several free state men. While there it was ascertained through Mr.' Legate, a member of the Grand Jury then sitting at Lecompton, that indictments would be issued by that body against all the leading free state men of Douglas County, and writs for their arrest. In consequence of the representations of Mr. Legate, to whom the pro-slavery men had revealed their plans, it was apparent that the design of this movement on the part of the Territorial authorities, was to arrest and hold in custody all the State officers and members of the Legislature, and thus prevent the Topeka Government from going into practical operation. To thwart that design it was decided, at a conference between Messrs. Sherman and 1856.] ARRESTS AND EXPULSIONS. 311 Howard, of tlie Conmiitteo, and Messrs. Roberts and Kol> iiison, that the free state oiliccrs residing in Douglas County should avoid arrest, and that the Lieutenant Governor, who resided in Shawnee County, should call a meeting oi' the Legislature on the loth of June, before the opening of the session of the Grand Jury in that county, which it was known would immediately issue indictments, not only against the State ofiicers residing within their jurisdiction, but also against every member of the Legislature, which had previously assembled at Topeka. The Legislature thu.- assembled in advance of the Grand Jur}^ in that county, should immediately enact a militia law for the organization and equipment of the State forces, with a view to sustain and upiiold the State Government. Then should the Ter- ritorial authorities seek to arrest any of the members of the Legislature or of the State Government, they should be re- sisted by force. In this way it was the design of the free state men to put themselves in the attitude of defending their State Government instead of their individual persons in opposing the arrests. The free state officers against whom it was known writs were to be issued by the Grand J ury for their apprehen- sion, and who should succeed in eluding all efforts for their arrest, were to meet with the other officers and members of the Legislature at Topeka, and all unite in opposition to in- terfeifence with the discharge of their official functions. But, as we shall see, this whole plan was entirely frustrated by the failure of these men to escape arrest. With a view to enable him to avoid this anticipated ar- rest. Governor Robinson was selected to visit the free States, ascertain their feelings and secure their support in the com- ing conflict in the Territory ; to convey a portion of the tes- timony taken by the Congressional Committee to AVashing- ton to prevent its being destroyed by a mob, as was feared, lie designed to return by the time the Legislature should meet. lie had proceeded down the Missouri River as fbr ns 312 HISTORY OF KANSAS TERRITORY. Lexiugton, when he was taken from the boat on the pretext that he was fleeuig from an indictment. aSTotwithstancling he assured those who arrested him, that he was not aware of any indictment having been found against him, that he had not at any time attempted to conceal himself, til at the Marshal in the Territory could have arrested him at any liour while there, and that if he had been desiring to escape he wonld certainly have avoided Lexington, they persisted in their demands. Mrs. Robinson, who had charge of the official documents, was permitted to pass on the next day. She visited several of the States and performed tlie object for which her husband had set out. Governor Robinson was thus seized without the least show of authority. The indictment for treason was issued a week subsequently. But evidently the citizens of Lex- ington understood that it was to be issued. lie was de- tained more than a week at this place, until Governor Shannon made requisition upon the Governor of Mis- souri for his return to the Territor3\ He was conveyed lirst to Independence, thence to Westport, thence to Frank- lin in a carriage, in charge of Colonel Preston and Captain Donaldson. At the latter place orders were received by the Marshal from Governor Shannon to return to Kansas City and proceed to Lecompton by way of Leavenworth, lest their prisoner should be forcibly taken ..from them by Ruf- iians, who had sacked Lawrence the day^ before, and who still lingered in that vicinity, and by them suffer violence and, perhaps, death. Arriving at Leavenworth on the 24th of May, the prisoner was placed under the guard of Cap- tain Martin, of the Kickapoo Rangers, and three other men. Here he was detained during the reign of terror in that city, of which we shall speak in another place. Captain Martin faithfully guarded him, although many attempts were made at his destruction. Judge Lecompte slept by the door of the room in which Governor Robinson was kept, and General Richardson slept in the same bed with Gov. Rekder's escape uowx the Missouri River ix a Skief. 1856.] ARRESTS AND EXPULSIONS. 313 him, to shield him in case ot an attack. On the 1st of June he was conveyed to Lecompton and placed in camp with seven other prisoners like himself. Governor Reeder on the day that Marshal Fain attempted to arrest him finding it unsafe to remain longer with tlie Investigating CommitteOj^retired to a friend's house in the vicinity of Lawrence. After remaining there a few days, seeing all the powers of the Government arrayed against him, and threatened by lawless ruflians, he determined to leave the Territory. But his enemies not finding hira at Lawrence, had sent messengers to all the border towns to intercept his exit from the Territory. Guards were sta- tioned along the roads and at the steamboat landings, up and down the Missouri for some distance. With the assist- ance of Mr. Jenkins, he eluded the vigilance of his enemies and arrived safe at Kansas City. Here Mr. Eldridge took charge of him and secreted him in the American Hotel. His concealment becoming more unsafe every day, and there being no other mode of escape, he disguised himself in the dress of an Irish laborer, cut ofl'his whiskers and moustache, with an ax on his shoulder, a budget in his hand and a pipe in his mouth sauntered around unnoticed. As soon as it was dark, in company with Mr. Edward Eldridge, he en- tered a skifi" on the river and rowed during that night twenty-eight miles, to Liberty Landing. Here they waited until a boat came along, when Mr. Reeder went aboard, took deck passage with the hands, and descended to ISt. Charles. Disembarking at this place he made his way across the country to Illinois in safety. Mr. G. W. Brown, editor of "The Herald of Freedom," returning to Kansas City on the 14th of ^lay, after an ab- sence from the Territory of several weeks, soon found him- self watched by a mob. This was at the same time j\Ir. lleeder was there. About two o'clock the following morn- ing, it having been announced that the coast was clear, in company with Mr. Jenkins, lie set out on horseback for ,*]14 HISTORY OF KANSAS TERRITORY. Lawrence. They had proceeded but a sliort distance before they were arrested and taken to Milt. ISIcGee's lionse, one mile south of the city. The next morning they were con- veyed to Westport where the}' were detained for some time and joined by their wives. They were subsequently conveyed, by a circuitous route, south of Lawrence, to Lecompton, and placed under guard. Mr. Jenkins was soon released, but, as we shall see, soon recaptured. Their alfectionato wives clung tenaciously and tenderly to them, sheltered theni from many indignities and, perhaps, murder. The following is a copy of the indictment against the leading free state men on the charge of treason : "UNITED STATES OF AMERICA, ] "Territory of Kansas, County of Douglas, j "7?i the District Court of the First Judicial District of the Ter- ritory of Kansas. April Term, A. D. 1856. "The Grand Jurors of tlie United States of America within and for the First Judicial District, Douglas County, Territory of Kansas, sworn to inquire upon their oath, pre- sent, that Andrew H. Reeder, Charles Kobinson, James H. Lane, George W. Brown, George W. Deitzler, George AV. Smith, Samuel oST. Wood, Gains Jenkins, late of the County of Douglas, First Judicial District of the Territory of Kan- sas, owing allegiance to the United States of America, wickedly devising and intending, the peace and tranquillity of tlie said United States, to disturb and to prevent the ex- ecution of the law thereof within the same, to wit : ' the law of the said United States, entitled an act to organize the Territories of ^Nebraska and Kansas, approved May 30, 1854, on the first day of May, in the year of our Lord one thousand eight hundred and fifty-six, in the County, Dis- trict and Territory aforesaid, and within the jurisdiction of this court, wickedly and traitorously did intend to levy war against the said United States within the same, and to ful- fill and to bring to efl'ect the said traitorous intention of him the said [names], afterwards, that is to say on the 17th day of May in the year of our Lord one thousand eight hundred and fifty-six, in the said Territory, District and County aforesaid, and within the jurisdiction of this court, 1856.] ARRESTS AND EXPULSIONS. 315 with a great multitude of persons, whose names to the Grand Jurors are unknown to a great number, to wit : the number of one hundred persons and upwards, armed and arrayed in warlike manner, that is to say, witli guns, swords, artillery, and other warlike weapons, as well offensive as defensive, being then and there unlawfully and traitor- ously assembled, did traitorously assemble and combine against the said United States, and then and there, with force and arms, wickedly and traitorously, and with the wicked and traitorous intention, to oppose and prevent by means of intimidation and violence, the execution of said lav/ of the said United States within the same, and array and dispose themselves in a warlike and hostile manner against the said United States, and then and there with force, and in pursuance of such traitorous intention, they, the said [names], with the said persons so, as aforesaid, traitorously assembled, armed and arrayed in the manner aforesaid, wickedly and traitorously did levy war against the said United States, and further, to fulfill and bring to effect the said traitorous intention of him, the said [names], and in pursuance and in execution of said wicked intention and traitorous combination, to oppose, resist and prevent the said law of the United States from being carried into execution in the Territory and District aforesaid, they, the said [names], afterwards, to wit : on the 17th day of May, A. D. 1856, in the Territory, District and County aforesaid, and v,^ithin the jurisdiction of this court, with the said per- sons whose names to the said Grand Jurors aforesaid are unknown, did wickedly and traitorously assemble against said United States, with the avowed intention by force of arms and intimidation to prevent the execution ot tlie said law of the United States, within the same, and with the in- tention then and there and thereby to subvert the Govern- ment of the said United States, in the same Territory of Kansas, and in pursuance and in the execution of said wicked and traitorous combination and intention, they, the said, [names], then and there, with force, with the said per- sons to a great number, to wit : the number of one hundred persons and upwards, armed and arrayed in a warlike man- ner, that is to say, with guns, pistols, swords, artiller}', and other warlike weapons, as well offensive as defensive, did then and there unlawfully and traitorously assemble for the 316 HISTORY OF KANSAS TERRITORY. purpose and design of overthrowing and suljverting, by force and violence, the Government; of tlie said United States, in the Territory of Kansas aforesaid, contrary to the form of the statute in such case made and provided, and also against the peace and dignity of the United States, " A, I. Isaacs, " United States District Attorney of Kansas Territory." 1856.] SIEGE OF LAAVRENCE. 817 CHAPTER XXX. THE SIEGE OF LAAVRENCE. From the time Sheriff Jones first failed in his arrests at Lawrence and called upon the Governor for a posse, Border RiiiRans began to congregate in the vicinity of that town. The Southerners, who had assumed nomadic habits, on com- ing into the Territory, were the first to encompass the de- voted city. The attempt upon the life of Mr. Jones was a happy pre- text for the assembling of all the Border Ruffian forces. The "Sfiuatter Sovereign" declared, " His death must be aveng- ed. His murder shall he avenged, if at the sacrifice of every aholitionist in the Territory. "" " \Ye are now in favor of level- ing Lawrence and chastising the traitors there congregated, should it result in the total destruction of the Union." It censured the Governor for calling upon the United States troops without first calling out the militia, to whom the duty properly belonged. In the next number the editors sue-ofested as the motto of the Border Ruffians in all future difficulties with the abolitionists, "war to the knife, and knife to the hilt; neither asking quarters nor granting them." When Deputy Marshal Fain fliiled to arrest Reeder, in- stead of reporting to the Governor and applying to him for aid, he consulted with Marshal Donaldson, who issued the following proclamation that was circulated only along the Border : 318 HISTORY OF KANSAS TERRITORY. "PROCLAMATION. " To the People of Kansas Territory : " Whereas, Certain judicial arrests have been directed to me by the First District Court of the United States, etc., to be executed within the county of Doughxs, and wliereas an attempt to execute them by the United States Deputy Marshal was evidently resisted by a large number of the people of Lawrence, and as there is every reason to believe that any attempt to execute these writs will be resisted by a large body of armed men ; now, therefore, the law abiding citizens of the Territory are commanded to be and appear at Lecompton, as soon as practicable, and in numbers suffi- cient for the execution of the law. " Given under my hand this 11th day of May, 1856. J. B. Donaldson, " United States Marshal for the Territory of Kansas." " P. S. No liability for expenses will be incurred by the United States until its consent is obtained," Meantime the people of Lawrence, becoming alarmed at the hostile demonstrations of the bands of Southerners around them, committing depredations, stopping loaded wagons and confiscating the contents, detaining travelers, robbing houses and stealing cattle and horses, addressed the follo^ving letter : " Lawrence City, May 11, 1856. " To His Excellency, Wilson Shannon, Governor of Kansas Territory : " Dear Sir : The undersigned are charged with the duty ot communicating to your Excellency the following pre- amljle and resolution, adopted at a public meeting of the citizens of this place, at 7 o'clock last evening, viz : " Whereas, Yf e have the most reliable information from various parts of the Territory, and the adjoining State of Missouri, of the organization of gurilla bands, who threaten the destruction of our town and its citizens ; therefore, " Resolved, That Messrs. Topliii', Ilutchiugson and Roberts, constitute a committee to inform his Excellency of these tacts, and to call upon him in the name of the people 1856.] SIEGE OF LAWRENCE. 319 of Lawreuce, for protection against such bands, by the United States troops at his disposal. "All oi which is very respectfully submitted, &c., " C. W. TOPLIFF, '' W. Y. KOBERTS, " John Hutchingson." To this, Governor Shannon, who was now surrounded by Border Ivuffians, made the following reply : "Executive Office, May 12, 1856. " Gentlemen : Your note of the 11th inst. is received, and in reply I have to state that there is no force around or ap- proaching Lawrence, except the largely constituted posse of the United States Marshal and Sheriff of Douglas County, each of whom, I am informed, have a number oi writs in their hands for execution against persons in Law- rence. I shal 1 in no way interfere with either of these officers in the discharge of their official duties. " If the citizens of Lawrence submit themselves to the Territorial laws, and aid and assist the Marsbal and Sheriti' in the execution of processes in their hands, as all good cit- izens are bound to do when called upon, they, or all such, will entitle themselves to the protection of the law. Eut, so long as they keep up a military or armed organization to resist the Territorial laws and the officers charged with theii execution, I shall not interpose to save them from the legit- imate consequences of their illegal acts. " I have the honor to be yours with great respect. "■ Wilson Shannon. "Messrs. C. W. Topliff, John IIutchingson, W. Y. Roberts." By a public meeting held in Lawrence on the 13th of May, it was resolved that the allegations and charges against them in the Marshal's proclamation " arc wholly untrue m fact and the considerations which are drawn from them ; " that they will acquiesce in the service upon them of any judicial writs against them " by the United States Marshal for Kansas Territory, and w^ill furnish him a posse for that purpose, if so rerpicsted ; l)ut that" they "are ready to resist, 320 HISTORY OF KANSAS TERRITORY. if need be, unto death, the ravages and desolations of an invading mob." The leaders of the free state men had all left the Terri- tory. Robinson, Reeder and Lane were absent. The peo- ple were without a leader, and hence confused, divided, yet filled with apprehensions ; the evils of danger that environed the city, thickened and tightened, the more alarmed they became — the more anarchy and dissension prevailed in their midst. There was a remnant of the old Committee of Safety that had rendered itself equal to a similar emergency, but its chief men, those in whom the people had confidence-, were gone. This remnant met, and decided upon its policy. It favored submission and non-resistance — was opposed to military organization and preparation. This did not satisfy a large class of the citizens and the Committee resigned. A meeting of the citizens was immediately called and a new Committee of Safety elected, composed of the follow- ing persons : W. Y. Roberts, G. W. Deitzler, Lyman Allen, John A. Perry, C. W. Babcock, S. B. Prentise, A. II. Mal- lory, and Joel Grover. In a day or two, S. C. Pome- roy arrived from the East, and was constituted chairman by acclamation. This Committee endorsed the action of the old Committee. The reasons for this decision are liere given by a gentleman present at the time, and a friend of the Committee : " The ground distinctly assumed was that in this first movement of the Federal authority to espouse the cause of the Southern Rufiians, they should have a clear field to show their liands. In Congress it had been confidently as- serted by Douglas and others, that the people of the Terri- tory were in open resistance to the Federal authority — rebels and traitors. They would at the first opportunity verify the slanderous charge. If they should proceed, as we felt confident they would, to commit outrages, the United States Government should be responsible." 1856.] SIEGE OP LAWRENCE. . 321 It will be seen that the circumstances now were not ex- actly similar to those last winter when the town was threat- ened. Then the Ruffians were alone, excepting the Terri- torial authorities ; now they led the United States forces and carried the sanction of the General Government in their as- saults upon Lawrence. It was the Federal troops that cre- ated the embarrassment ;^for no one wished to resist or light them. The decision of the Committee was not satisfactory ; murmers were loud, and discontent manifest. Some held that the Marshal should be permitted to enter the town, but his posse should be kept out. Others were for arming themselves with nothing but revolvers^proceeding to Frank- lin and offering themselves'to the Marshal as a part of his posse, and thus get hold of the United States arms. The Committee offered to resign, but the majority of the citi- zens refused to accept their resignation, there being no men then in Lawrence in whom they had more confidence. When the policy of non-resistance was definitely deter- mined upon, many left the place and sought shelter and safety in the country and surrounding towns. "Word was sent to the military companies in various parts of the Ter- ritory, who were then marching, or preparing to march, to the rescue, that their services were not needed. Those who had thus set out for Lawrence returned home, except the Wakarusa Company, which remained prepared for action during the entire period. Marshal Donaldson's proclamation had the designed eftect of gathering the Southern chivalry and Border Ruffians around Lawrence. On the same day it was issued a com- pany of one hundred, under the command of Dr. String- fellow and Kelley, editors of the " Squatter Sovereign," left Atchison for Lecompton. Generals Atchison and Stringfcllow mustered the Platte County riflemen, and marched across the Delaware Reserve. The South Caro- linians, Georgians, Alabamians, Floridians and Mississip- 322 , HISTORY OF KANSAS TERRITORY. plans, who were encamped at Franklin, were increased by Missourians from Westport, Kansas City, and Independ- ence. As the numbers around Lawrence multiplied, their depredations increased. Provisions were taken from farm houses, horses " pressed into the service," private arms seized and travelers molested. On the 13th of May, Mr. A. J. Weaver, assistant sergeant- at-arms ot the Congressional Committee, who was on his way to Lawrence with a witness, was stopped, taken into custody by the self-styled militia, and carried to Leeomp- ton. After considerable delay he was permitted to proceed with the following pass : " Lecompton, Kansas, May 13, 185G. " To all whom it may concern : " This is to certify that I have examined the papers of Mr. A. J. Weaver, in company with General Cramer, and I am satisfied that he is acting under the autliority of the United States House of Representatives and should pass unmolested. Warren D. Wilkes, " Of South Carohna." On the 16th, Mr. Stowell, coming from Kansas City, was stopped at Franklin and fifty old fashioned muskets taken from his wagon, that were designed for Lawrence. A wagon load of fiour was likewise seized. Dr. Root and Mr. Mitchell returning from Lawrence to Wabansee on the 14th of May, on passing the camp of Mar- shal Donaldson, were taken prisoners ; two gentlemen, a little in advance of Messrs. Root and Mitchell were accosted, but escaped by the fleetness of their horses amid a shower of bullets. At the same time Judge Conway and Hon. P. C. Schuyler returning to the Territory from a tour in the States, were taken from a boat at Parkville and detained by a mob, but were soon released through the interference of the more resijectable class of citizens. On the 13th of May Mr. Cox, a pro-slavery man of Law- 1856.] SIEGE OF LAWRENCE. 323 reuce, was deputed to visit Marshal Donaldson to see if some arrangements might not be made to remove the neces- sity for bringing liis posse into the town. Mr. Donaldson replied : " The three following demands must be complied with before I shall consent not to enter Lawrence with all my force : First, That every man, against whom a warrant is issued, shall be surrendered up. Second, All munitions of war in Lawrence, shall "be delivered up. Third, That the citizens of Lawrence pledge themselves implicitly to obey the present enactments of Kansas — test oaths, taxes and all." On the reception of this answer, the people of Lawrence assembled in council, which gave rise to the following letter : " Lawrence, May 14, 1856. " J. B. Donaldson, United States Marshal, for Kansas Ter- ritory : "Dear Sir: We have seen a proclamation issued by your- self, dated 11th of May, inst., and also have reliable infor- mation this morning, that large bodies of armed men, in pursuance of your proclamation, have assembled in the vi- cinity of Lawrence. " That there may be no misunderstanding, we beg leave to ask respectfully, that we may be reliably informed what are the demands against us. We desire to state most truth- fully and earnestly, that no opposition will now or at an}- future time, be oflered to the execution of any legal process by yourself or any person acting for you. We also pledge ourselves to assist you, if called upon, in the execution of any legal process. " We declare ourselves to be order-loving and law-abiding citizens, and only await an opportunity to test our fidelity to the laws of the country, the Constitution and the L^nion. " We are informed also, that these men collecting about Lawrence openly declare that their intention is to destroy the town, and drive oil" the citizens. Of course we do not believe that you would give any countenance to such threats, but, in view of the excited state of the public mind, we ask ])rotection of the constituted authorities of the Government, 324 HISTORY OF KANSAS TERRITORY. declaring ourselves in readiness to co-operate with them for the maintenance of the peace, order and quiet of tlic com- munity in which we Hve. Very respectfully, '" Egbert Morrow, " Lyman Allen, " John IIutchingson." Mr. Cox delivered this letter and 'brought back the fol- lowing reply : '' Office of the U. S. Marshal, 1 " Lecompton, K. T., May 15, 185(j. / ^^ Messrs. G. "W. Deitzler andJ.'JI. Green, Lawrence, Kan- sas Territory : " On yesterday I received a communication addressed to me, signed by one of you as President, and the other as Secretary, purporting to have been adopted by a meeting of the citizens of Lawrence, held on yesterday morning. After speaking of a proclamation issued by myself, you state, ' That there may be no misunderstanding, we l)eg leave to ask respectfully, that we may be reliably informed what are the demands against us. We desire most truth- fully and earnestly to declare that no opposition whatever will now, or at any future time, be offered to the execution of any legal process by yourself or any person acting for you. Ysfe also pledge ourselves to assist you if called upon, in the execution of any legal process, etc' " From your professed ignorance of the demands against you, I must conclude that you are strangers and not citi- zens of Lawrence, or of recent date, or been absent for some time ; more particularly when an attempt was made l)y my deputy to execute the process of the First J)istrict Court of the United States for Kansas Territory, against ex-Governor Eeeder, when he made a speech in the room and in the presence of the Congressional Committee, and denied the power and authority of said court, and threat- ened the life of said deputy, if he attempted to execute said process, which speech and defiant threats were loudly applauded b}^ some one or two hundred of the citizens of Lawrence, who had assembled at the room on learning the business of the Marshal, and made such hostile demonstra- tions that the deputy thought he and his small posse would endanger their lives in executing said process. 1856.] SIECE OF LAWRENCE. 325 " ^"our declaration tliat you will truthfully and earnestly offer now, or at any future time, no opposition to the exe- cution of any legal process, &c., is indeed difficult to under- stand. May I ask, gentlemen, what has produced this wonderful 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 Kansas Territory which should be obeyed? ' Or is it that just now, those for whom I have writs have sought refuge elsewhere? Or it may possibly be that you now, as heretofore, expect to screen yourselves behind the word 'legal-,' so significantly used by you. How am I to rely on your pledges wdien I am well aware that the wdiole population of Lawrence is armed and drilled, and the town fortified — when, too, I recollect, the meetings and resolutions adopted in Lawrence and else- where in the Territory, openly defying the law^s and the ofiicers thereof, and threatening to resist the same to a bloody issue, as recently verified in the attempted assas- sination of Sheriff Jones, w^hile in the discharge of his oiiicial duties in Lawrence. Are you strangers to all these things? Surely you must be strangers at Lawrence. If no outrages have been committed by the citizens of Law- rence against the laws of tlie land, they need not fear any posse of mine. But I must take the liberty of executing all processes in my hands as the United States Marshal, in my own time and manner, and shall only use such po^ycr as is authorized by law. You say you call upon the constituted authorities of the Government for protection. This, indeed, sounds strange, coming from a large body of men. armed with Sharp's rifies, and other implements of war, bound to- gether by oaths and pledges, to resist the laws of the Gov- ernment they call on for'protection. All persons in Kan- sas Territory, without regard to location, who honestly sub- mit to the constituted authorities, will ever find me ready to aid in protecting them ; and 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 oflicer,as a citizen. " Itespectfully vours, "J. P>. Donaldson, " U. S. Marshal, Kansas Territory.'^ Again the citizens of Lawrence sent a letter to the Mar- shal," calling his attention to the depredations committed by no 326 HISTORY OF KANSAS TERRITORY. Ids men in tiie vicinity of their city, to wliicli no reply was given. Every thing was done to avert the calamity, of which peaceable measures woiilcV admit. Deputation after deputation visited the Governor, and invoked his inliuence and authority to stay the madness and lawlessness of the mob ; they visited the Marshal also, and plead with him the cause of humanity and justice ; but they were met only with rebuke, and were frequently taken prisoners, robbed, tried, and otherwise mistreated. Messengers passed between Lawrence and Leavenworth night and day, endeavoring to secure the interposition or protection of the United States troops. The influence of the Congressional Committee was invoked and the humane feelings of Colonel Sumner touched; but in vain, the troops could not move without orders. One eifort seemed to furnish for a season a prospect of success. On the 18th ot May Messrs. S. W. and T. B. Eldridge undertook the embassy to the encampment of the sons of the South. They had just removed from Kansas City to Lawrence, and opened their nicely finished and richly furnished hotel. They were not, therefore, per- sonally obnoxious to pro-slavery men, and on this account were chosen for this work. They carried a letter from the Committee proffering that if Governor Sliannon would order Colonel Sumner with his force to encamp in the vi- cinity of Lawrence, the arms in the town should be given up and deposited with him for safe keeping, while the Mar- shal should come in and make his arrests, the arms to be returned when the troops left. This proposition, supported by the iufliuence of the two gentlemen, seemed to meet with favor, and they were invited to return the following day, when it was thought every thing could be satisfactorily ad- justed. But the hopes thus inspired were doomed to disappoint- ment. They returned to Lecompton the next day after be- ing detained as prisoners in Colonel Stringfellow's camp for 1856.] SIEGE OF LAWRENCE. 327 sotuG time. Governor Shainion now informed them thai the only thing which will satisfy the South Carolinians is fof the arms to be given up to him or the Marshal, instead oi' ('olonel (Sumner. Tlie Governor was told that the peopU- of Lawrence would never submit to this, but would figh' lirst, whereupon iie exclaimed, "• War, then, by G — d," and left the room. On the same day that these negotiations closed, a young man by the name of Jones, returning home a few miles south of Lawrence, with a basr of meal for his widowed mother, was shot in cold blood. A band from the Mar- shaFs posse rode suddenly upon him near Blanton's Bridge, and one of them discharged his gun at the inoffensive youth, when he exclaimed, "0, God, I am shot," and leli dead. When the affair was announced at Lawrence a few resolute young men, but mere boys, started for the place where the murder happened. Av^heu they had proceeded about a mile, the}' were met by two men from the camp at Franklin. They were accosted, insulted, and finally fired upon by the Kuffians, and one of the number, Stewart, was killed. His comrades carried him back to Lawrence. The announcement of these two unprovoked murders and the bleeding corpse of Stewart which had been brought in, filled the town Avitli indignation and excitement. A company was formed, composed chiefiy of boys, for the fighting men had left, which set out for Franklin to attack the invaders, but was recalled by the Committee of Safety. A proposition was made to have about four or five hun- dred men stationed at a convenient distance from Lawrence so that when the posse should attempt any outrage on the town they could be prepared for the rescue. But the Com- mittee feared that this would taint their spotless policy of non-resistance and rejected it. Another and a final attempt was made to avert the im- pending destruction of the city. It had been reported that Colonel Sumner had said, " in case of actual collision, he 328 HISTORY OF KANSAS TERRITORY. should not wait for orders, but would take the responsibility Oi separating the combatants." A most earnest appeal was drawn up. It was represented that actual collision and bloodshed had taken place, and his presence as a peace- maker was again invited. The messenger, who had 'just made a trip to the Fort and back, mounted a fresh liorse and bore this dispatch to Leavenworth. But it was all un- availing ; Colonel Sumner's sense of the strict duty of a sol- dier forbade him to interfere without orders. 1856.] SACK OP LAWRENCE. -329 CHAPTER XXXI. THE SACK OF LAWRENCE. On the 20th of May the invaders prepared to attack Law- rence on the following da}'. General Atchison, with his Platte County Riflemen and two pieces of artillery ; the Kickapoo Rangers, nnder Captain Dnnn, reinforced by re- cruits from Leavenworth and Weston ; General and Doctor String-fellows, Bob Kelley and Peter 'Abell, at the head of forces from Atchison and vicinity ; Colonel Wilkes, of South Carolina, and Colonel Titus, of Florida, with a num- ber of their fellow statesmen, were all in camp between Le- compton and Lawrence. At Franklin, Colonel Boone, of Westport, and Colonel Buford, of South Carolina, with several prominent men from Liberty and Lidependenco, Missouri, headed a large force of Southerners and Missou- rians. Both camps could muster eight hundred men, a part of whom were mounted and a part on foot. Thej' were all supplied with United States arms by the Territorial authorities, and, besides Atchison's cannon, they had two more pieces of artillery. Before the day spring streaked the clear eastern sky, on the tv/enty-iirst, the camp near Lawrence broke up and marched towards that place. At sunrise the inhabitants of that town, "just shaking oft" their slumbers,'' beheld two hundred horsemen, armed with rifles, revolvers and bowie knives, drawn up on Mount Oread that overlooks tlie place. 330 HISTORY OF KANSAS TERRITORY. A red war flag, with " Southern Rights " inscribed upon it, floated over them. "With what consternation and despair must they have gazed at the sight ! They were defense- less. The faithful picket was not there to warn them of the enemy's approach. The alarming drum and shrill noted fife called no stalwa,rt arms and brave hearts to the trenches and the line of battle. Alas, a diflerent counsel had pre- vailed ; the cannon lie buried in the ground as " silent as the grave," and the Sharp's rifles were concealed in the gar- ret, or were far away upon the prairies. The few brave men left in the city, and the brave women Wept when they •beheld the advance of the invaders, tljat they could not die in defense of their homes, rather than see them demolished and themselves stricken down, or insulted like dogs, by a remorseless and arrogant foe. At 7 o'clock the advance guard on the hill moved for- ward to its brow nearest the town, and took possession of Governor Robinson's house farther down, which they used for headquarters. This was long musket range ii-om the town, but good range for breech-loading rifles. Here they planted a cannon so as to overlook the town, which the}' directed towards it. In about one hour the infantry force from the western camp arrived and took position on the summit of the hill. During the forenoon they sent runners into town who re- ported back, " All quiet in Lawrence ; the fev/ men there are busy about their employments." At eleven o'clock Deputy Marshal Fain, who had been in Lawrence the even- ing previous and made two arrests without opposition, rode into town with a guard of ten men without guns. They Vv^ent directly to the hotel and were respectfully received. The Deputy then summoned Dr. Garvin, D. A. Perry, C. W. Toplilf, Wm. Jones, S. W. Eldridge and T. B. Eidridge to assist him in making arrests. These readily complied and G. W. Deitzler, G. W. Smith and Gaius Jenkins were arrested without any difficulty. The Marshal took his din- 1856.] SACK OF LAWRENCE. 331 ner at the hotel ; left without paying his hill and returned to the posse on the hill, which had now heen increased hy the arrival of Col. Buford's men. He then dismissed them, saying " he had no further use for them, but Sheriff Jones has writs to execute and they were at liberty to organize as his posse." Sheriff Jones, " who once was dead, but now is alive again," rode forward and solicited the aid of the forces amid loud and prolonged cheers. While Deputy Marshal Fain was in town the Committee of Safety, who had shown every respect to this officer, penned and signed the following document : " Lawrence, K. T., May 21, 1856. "J. B.Donaldson, United States Marshal, Kansas Ter- ritory : " We, the Committee of Public Safety, for the citizens of Lawrence, make this statement and declaration to you, as ^Marshal of Kansas Territory : " That we represent the 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 law, national or territorial, 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 citizens we throw upon you for protection, trusting that under the fiag of the Union, and within the folds of the Constitution, we may obtain safety. " Samuel C. Pomeroy, C. W. Babcock, " W. Y. Roberts, S. B. Prentise, " Lyman Alli:;n, A. H. Mallory, " John Perry, Joel Grover." It is due to the four last mentioned gentlemen to say that they repudiated the letter and declared that they never signed it. But this avowed recognition of the Territorial laws by the committee — laws which the })eoplc of Kansas had, time and again, in convention assembled pledged them- 332 HISTORY OF KANSAS TERRITORY. selves, their lives, fortunes and sacred honors, " never to recognize as valid " — did not turn aside the Vv^rath of the invaders. About three o'clock in the afternoon iSherili' Jones rode into town at the head of twenty armed men, halted in front of the Free State Hotel and called for Gen- oral P-omeroy. This gentleman soon appeared and shook hands with Jones, when the latter said : " General Pomeroy, I recognize you as one of the leading- citizens here and as one who can act for the people of Lawrence. I demand that all the arms of Lawrence be given up or w^e shall bombard the town. (Taking out his watch.) I give you five minutes to decide upon this pro- position and a half hour to stack the arms in the streets. I am authorized to make this demand by the First District Court of the United States." General Pomeroy rushed up stairs and communicated this intelligence to the Committee of Safety, there sitting like the lioman Fathers when the Barbarians entered the impe- rial city. ^ In a few moments he returned and said " the cannon will be delivered up, but the rifles are private prop- erty and vrill be retained." Jones replied, " very w^ell, give up the cannon.'' The General, with other members of the Committee, accompanied the Sheriif to the spot where the twelve pounder brass howitzer and four other small cannons were buried under the foundation of a house, dug them up and surrendered them to Jones, A few Sharp's rifles were also obtained. "While this scene was being witnessed in town, the posse, numbering from five to eigbt hundred men, had marched dow^n to the foot of the hill, formed in a hollow square, to w^hom General Atchison was making a speech, which was cheered by tremendous yells and wdioops. " ' Boys, to-day I'm a Kickapoo Ranger, by G — d. This day "vve have entered Lawrence, and the abolitionists have not dared to iirc a gun.' Various reports of this speech have been published, but all more or less incorrect. It was an odd mixture of drunken enthusiasm, restraining forbear- 1856.] * SACK OP LAWRENCE. 333 ance, partisan ferocity and profanity. He declared that the Free State Hotel must be destroyed and the printing of- fices demolished; but told them they must deport themselves as Southern gentlemen and 'law and order men.' He said they must not forget to be gallant and must respect ladies, but added, ' if you find a woman armed as a soldier, and thus initting oif the garb of her sex, trample her under foot as you would a snake.' He said the people of Lawrence seemed determined not to resist, and that, therefore, it would not do to attack them ; but said, if there was the least ap- pearance of resistance, no quarters should be shown. He alluded to the distance the young Southerners had to come to aid them in the defense of ' Southern rights,' and com- plimented them on their zeal and courage. He commenced speaking on his horse, and then dismounted and got on a brass cannon, from which he spoke. He was interrupted ])y the arrival of Jones, who, after the guns had been de- livered up, rode out of town. Jones told them that he had orders from the First District Court of the United States for Kansas to demolish the hotel and destroy the printing offices. Loud and enthusiastic cheers were then given for Jones. Atchison resumed his speech, telling them : ' And now Ave'll go in with our highly honorable Jones and test the strensfth of that d — d Free State Hotel.' He said something more urging them to bravery and good order, and finished by saying : ' K any man or woman stands in your wa}^ blow them to h — U with a chunk of cold lead.' " The army of invaders then began their march into Law- rence with various banners and inscriptions upon them. There was one with a crimson star in the center and the words, " Southern Rights ;" another with a tiger crouching ready to spring. One bore the inscription " South Carolina ;" an- other, "The Supremacy of the AVhite Race," &c. The Grand Jury which indicted several free state men for treason, also indicted several public buildings in Lawrence as nui- 40 334 HISTORY OF Kansas territory. sances, imd as such oiigbt to be abated. The following is a copy of tlieir finding : " The Grand Jury sitting for the adjourned term of the First District Court in and for the County of Douglas, beg leave to report to the Honorable Court that from the evi- dence laid iDefore them showing them that the newspaper, known as the ' Herald of Freedom,' published at Lawrence, has from time to time issued publications of the most inllam- matory and seditious character, denying the legality of the Territorial authorities, addressing and commanding forcible resistance to the same ; demoralizing the popular mind and rendering life and property unsafe, even to the extent of advising assassination as a last resort. "Also, that the paper known as the ' Kansas Free State,' has been similarly engaged, and has recently reported the res- olutions of a meeting in Johnson County in this Territory, in which resistance to the Territorial laws, even unto blood, has been agreed upon, and we respectfully recommend their abatement as a nuisance. Also, that we are satisfied that the building, known as the Free State Hotel, in Lawrence, has been constructed with the view to military occupation and defense, regularly parapetted and port-holed, for the use of cannon and small arms, and could only have been designed as a stronghold of resistance to law, thereby en- dangering the public safety and encouraging rebellion and sedition in this country, and respectfully recommend that steps be taken whereby this nuisance may be removed. " Owen C. Stewart, Foreman." Jones first halted in front of the Free State Hotel, and notified Colonel Eldridge to remove his furniture by five o'clock. The proprietor told him he could not remove it in so short a time, and that he would not try. About fifty or a hundred then proceeded to the building, in which was the office of the " Kansas Free State," under the leadership of Gr. W. Clark. They entered it cautiously, for fear of secret mines. They then assailed the press with axes, broke it in several places so as to render it useless, and smashed the type in pieces. They then carried both press and fragments 1856.] SACK OF LAWRENCE. 335 of type to the river and threw them into the water. Threi.' hundred volumes of books, fifty files of papers, a largr (|uantity of exchanges, and paper stock, were torn up, scat- tered in the streets, set on fire and burnt up or carried ofi'. The total loss sustained by the firm was about $10,275. In a few moments after the office of the ^' Free State"" was assailed, another party entered the building occupied by the " Herald of Freedom." They, too, were fearful of mines and infernal machines ; in order to test the safety of tho ascent to the . printing ofiiice, they drove two or three free state men up before them. Soon the same work of demo- lition was begun here ; the press hammered and bruised, tho type broken into fragments, were both conveyed to the river. Growing weary in carrying type, they cast a portion out oi' the window. Papers, books, &c., were destroyed, making a loss to the firm of nearly $17,000. A blood red flag was first hoisted above the building, with a lone star in its cen- tre, but in fifteen minutes was removed to the hotel. The l)uildiug was fired several times, but the fire was as often extinguished. Meantime preparations had been made to destroy the hotel. The rufiians had removed a portion of the furniture which they had dashed into the streets. Four cannon were planted within a few yards from the building. General Atchison sighted the first shot. As he swaggered over the gun giving directions he stammered out, "' A little higher, boys, a little lower — a little higher. That's it, boys ; let her rip." Bang went the gun, the ball passing clear over the building. It was duly lowered and fired with better effect. The other cannon opened their blasts upon the house, but only two of them would send a ball through its walls. Some fifty rounds were thus fired without afi'ecting the building- much. Finding this slow work, they next attempted to blow it up by exploding a couple of kegs of powder in the cellar. This did not have the desired cftect, and fire was 536 HISTORY OF KANSAS TERRITORY. applied, by which in a short time the whole house was fill- ed with iiames. The hotel was a beautiful three story structure, with solid stone walls. It was seventy feet long by fifty wide, with an addition twenty-four by forty-five feet and con- tained seventy-five rooms. It was built by the ISTew England Emigrant Aid Society at a cost of ^20,000, and had been in course of erection from the spring of '55 until May, 185G. Messrs. Eldridge & Bro. had rented the building in the fall of '55 at $5,000 per year, and'purchased their furniture and pro- visions, expecting to enter it immediately ; but the Waka- DESTIIUCTION OF THE FREE STATE HOTEL. rusa war breaking out prevented the completion of the house so that they did not get it ready for the public until May following. It was very neatly and richly furnished and the cellar was well stored with luxuries. The proprie- tors estimated their loss by the delay in the completion and by the destruction of the hotel at $60,717. While thefiames were hissing and crackling in and over the hotel, Jones, with the complacency of a monster, sat on his horse and witnessed the sio-ht. At one time he turned 1856.] SACK OF LAWRENCE. 337 to his companions and said : " Gentlemen, tiiis is the hap- piest day of my life, I assure you. I determined to make the fanatics bow before me in the dust and kiss the terri- torial laws." "When the walls of the burning building had fallen in, he exclaimed, "I have done it, by G — d, I have done it." Turning to his men he said, " You are dismissed, the writs have been executed." This was the signal for a general plunder. Private houses, whose inmates had iled, were burst open, entered and ransacked. Money, clothing and guns were taken or destroyed. Stores were rummaged and robbed. Dr. iStriugfellow secured two boxes of cigars and quietly walked off, saying, "Well, boys, I guess this is all the booty I want." The invaders arrayed themselves with a new suit of clothes, ribbons and tassels; many were loaded down with books, provisions, goods, guns, etc., etc. They con- veyed their spoils out of town to the wagons they had prudently brought up for the purpose, and thus secured them. They began leaving about seven o'clock, and by nine all was quiet. As the rear guard departed, they fired Governor Robinson's house at the foot of Mt. Oread; the flames soon lit up the darkness of the night. In this way the Governor lost some fifteen or twenty thousand dollars. During the sacking only one man was killed. He was one of the pillagers — killed by the falling of a brick, swept off the Hotel b}^ the South Carolina flag. Another one of the gang fell from his horse and broke his leg, while in pursuit of a fugitive whom he supposed to be Ileeder. It is scarcely possible to estimate the amount of property destroyed or taken during this campaign against Lawrence. The invaders not only gathered subsistance from the settlers, but distroyed houses, carried ofl: clothing, stole more than two hundred horses, and robbed persons and dwellings of a vast amount of money and arms. The camps at Franklin and Lecompton were filled with plunder, resembling that of 668 HISTORY OF KANSAS TERRITORY. a victorious clan of savages, or those of the Goths and Van- dals. Some of them rode through the streets of A\^estport and Kansas City the next day, their horses adorned with cords and tassels, and their persons with sashes, taken from the windows of the Free State Hotel. 1856.] DIFFICULTIES AT LEAVENWOKTH. 339 CIIAPTEE, XXXII. DIFFICULTIES AT LEAVENWORTH. The posse dispersed the day after the sacking of Lawrence and retired towards the border. Some of the Southerners, disgusted with what they witnessed, returned home; others rejoicing in robbery, rapine and murder, hngered in the Territory and on the Border committing depredations. As some of them retired from Franklin they robbed Fish's grocery, ransacked his house, tore down his fences and took some of his horses. The day following the destruction of Lawrence General Atchison with his company of Platte County riflemen, rode through the place, dragging one piece of artillery, and crossed the Kansas River at the north side of town. He had previously obtained permission to pass through from the citizens. The Westport paper delivered a war appeal simply be- cause some boys had remarked to a pro-slavery man in Lawrence that it was not safe for him to remain there. It called upon the Missourians and Southerners to stay in the Territory, and not only finish tlic demolition of Lawrence, but level " every other abolition settlement in Kansas with the ground." In response to this appeal Captain Pate, with a company of Westport gentry, which were denominated as " Shannon's Sharp Shooters," and Coleman, the murderer of Dow, remained between Lawrence and Westport, south of the Kaw, where they would stop travellers and rob them, search the United States mail, plunder loaded wagons, steal 340 HISTORY OF KANSAS TERRITORY. or take horses and provision from the settlers, and commit depredations generally. The free state men scattered and disorganized, driven in many instances to madness, began 'at this time to form guerrilla companies for retaliation and self-defense. The leading free state men had no part in the organizations. They were composed of youths deprived of their situations and little vs^orldly possessions by the destruction of Law- rence, and of men of reckless character, who rejoiced in the opportunity to destroy, rob and pillage. They confined their operations chiefly against pro-slavery men, who had taken an active part in the troubles, and against similar bands of Border Ruffians. At one time they stole three horses from Captain Pate's company; again a party of eight se- creted themselves in a ravine and fired upon eighteen South- erners as they rode by. They killed several, put the rest to flight, and captured horses and arms. A squad of free state guerrillas robbed and trespassed upon a pro-slavery man by the name of Bernhardt, in the same way that Pate's company treated the Shawnee Indian Fish. Thus the country was soon infested by roaming bands of guerrillas, vieing with each other in deeds of violence and wrong. Whenever opposite factions met there was a fight, and wherever they moved, oppression, robbery and blood- shed marked their course. The people of Lecompton, quaking under a guilty con- science, with the plunder of Lawrence in their houses, be- came alarmed lest the free state men should attack the town. Governor Shannon, who had already lost two fine horses, shared in the feeling of the inhabitants. From this fact, and seeing the pro-slavery men generally worsted in guerrilla encounters, the Governor ordered the LTnited States troops posted at Lecompton, Lawrence and Topeka, to preserve the peace, and " as the only way to prevent civil war between the two contending parties." There was a brave and determined free state man by the 1856.] DIPFICULTIES AT LEAVENWOllTH. 341 luiine of Captain Walker, who lived between Leoompton ;!1k1 Lawrence, lie became Colonel in the war for the Union, in wliicli he distinguished liiniself. He now lives at Lawrence. The pro-slavery men hated him intensely, and decreed his destruction. While in camp at Lecompton, (.'olonel Titus said " he would have his head on or oil" his .shoulders, and for it would give any man five hundred dol- lars." A party from the pro-slavery camp resolved to make an attempt to secure this outlaw. Caj^tain Walker having been informed of the intended attack, gathered some thirty of his neighbors together at his house. They posted themselves and awaited the attack. About midnight a party of twelve men rode up before the house, all armed with revolvers and bowie knives. Several of them dis- mounted and entered the- yard. Just as they were prepar- ing to march up to the house, Captain Walker and his men iired. One horse fell dead in the gate-way, and in the twinkling of an eye every one made a hasty retreat. Some dropped their knives and revolvers ; one, in his hurried jump over the paling fence, left a portion of his coat-tail with a bottle of v>diisky in it, dangling in the air. As they skedaddled they rushed into another squad ot Captain Walker's men, and two were captured. The prisoners were detained during the night, but liberated next morning, promising to amend in the future. They, however, ungratefully repaid their liberators. They reported the names of those who had come to Captain Walker's defense, and writs were made out against them. The Captain was compelled to leave his house and lind safety in ravines or thickets. Judge Wakefield, one en- gaged in the defense, on learning that a writ had been is- sued against him, set out to leave the Territory, with a view of gathering a company of men and returning, but was ar- rested at Leavenworth and brought back to Lecompton, where he was soou liberated. About the same time an attack was made upon the house 41 342 History of Kansas territory. of Mr. Storrs, wlio lived on a beautiful claim on Washing- ton Creek. He, with five men, was in his cabin deter- mined to defend it, while a party of Georgians were recon- noitering and planning an attack. A widow lady, on oIj- serving their demonstration and comprehending their na- ture, mounted a horse and galloped to Lawrence for help. Two dragoons and three free state men hurried to the res- cue. As they approached, the Georgians, observing them, fled. When within two hundred yards, they were com- manded by those in the cabin, who mistook them for their enemies, to "halt," but on they came at full gallop. Fail- ing to regard the summons "halt,'" which was again shouted, the iire of a half a dozen rifles flashed from the cabin. "In a twinkling, both the foremost dragoons rolled over, horse and man ; one Vv^ith a bullet in his arm, and another in his leg ; both horses were wounded, and though the other dra- goon was not shot, he came down with an emphasis that left him stretched for a minute or two senseless. In his summersault his sabre flew out of its scabbard and the scabbard bent double." As the firing was kept up and the bullets whistled their piercing music, the company which had come to succor the free state men hurried away. They supposed that the house had been taken and occupied by the Southerners, and knew no better until the next day when the mutual mistake was discovered. During all these troubles Governor Shannon at Lecomp- ton was under the control of the South Carolinians. He was feasted and toasted by them until he entirely lost sight of his dignity and responsibility. The Southerners being generally worsted in guerrilla encounters, at their sugges- tion, the Governor not only had United States troops posted at Lecompton to protect the place against a general attack, but at the head of a squad began his memorable perigrinations through the Territory in search of Sharp's rifles. lie went from house to house, ransacked household goods and wherever he could pick up a musket, shot-gun 1856.] DIFFICULTIES AT LEAVENWORTH. .34^> or rifle, he reckoued that he had weakened the insurrec- tionists so much. Many ridiculous incidents marked the tipsy Governor's search for arms. The Committee of Investigation having completed their work at Lawrence soon after the troubles began, adjourned lO Leavenworth City. They had evinced a determination to perform their mission impartially, to expose fraud an >! injustice, and the monstrous inicpiities practiced upon tlio people of Kansas. On this account pro-slavery men desirof] its sittings broken up, the evidences it had accumulated! against them destroyed, the Committee compelled to aban- don tlieir undertaking and retire from the Territory. To attain this object, it was thought, had given rise in some measure to the demonstrations upon Lawrence. After the sack of this place many of the dispersed posse repaired to Leavenworth and resumed their efforts to disturb the Com- mittee. The following notice was one morning found posted on the door of the Committee room: " Mat 26. '^Messrs. Howard and Sherman: " Sirs : With feelings of surprise and disgust we have been noticing the unjust manner in which you have been conducting this investigation, we wish to inform you can no longer sit in this place. " We therefore request you to alter your obnoxious course, in order to avoid consequences which may otherwise follow. " Captain Hemp, " In behalf of the citizens. " Leavenworth City, 1856.'' The ruffians from their first entrance into town daily grew more bold and warlike. All persons in any way affected Avith anti-slavery sympathies were either notified to leave the Territory or threatened with death by the rope or the riMe. On the morning of the 28th of May the ''Leaven- worth Herald " issued a reprint of the "war extra" from 844 HISTORY OF KANSAS TERRITORY. the Westport paper. The account of the Pottowattomie murders was published, which served to exasperate the ruffians. A pro-slavery meeting was immediately held in which Stringfellow and liichardson took a prominent part. They passed a resolution requiring all active free state men to leave the Territory and resolved themselves into a Vigi- lance Committee to enforce it. A list of the most obnox- ious freesoilers was drawn up, presented to the officer of the day — Warren D. Wilkes, of South Carolina. This gentle- man, at the head of a body of Southerners and Kickapoo Rangers, armed with United States muskets and bayonets, paraded the streets, and placed guards in various portions of the town to prevent the escape of fugitives. The mob then proceeded to make arrests. Mr. Sherman of the Con- gressional Committee seeing Mr. Conway, who had been acting as clerk for the same, among the persons thus held prisoners, inquired of Mr. Wilkes " if he had arrested one of the clerks of the Committee on any legal process."' This official replied " he had not, but, at all hazards would ar- rest those whose names he had on his list." Thus they continued their work until they held thirty free state men prisoners. These were guarded in a frame building until dark, when many w^ere permitted to escape on promising to leave the Territory. These violent demonstrations lasted for some time, and did not entirely subside until the last of October. 1856.] " OLD brown's " WARFARE. 345 CHAPTER XXXIII. " OLD brown's " WARFARE. It was at this stage of affairs that Captain John Brown, Sen., began to figure in the stirring events of the times. He was a man of characteristic ancestry, being sixth in descent from Peter Brown, one of the Puritans who tied from the intolerance of England in the Mayflower, and landed at Plymouth Rock on the 22d of December, 1620. His grand- father and namesake was Captain of the West Sunsbury train band, and as such joined the Continental army at j^ew York in the spring of 1776. After two months' service he was seized with camp fever, and died in a barn a few miles north of the city. Captain John Brown was born in Torrington, Connecti- cut, on the 9th of May, 1800. His mother was the daugh- ter of Gideon Mills, who served in the Revolutionary w^ar, and attained the rank of Lieutenant. His father, Owen Brown, when John was but five years old, emigrated to Hudson, Ohio, and during the w^ar of 1812 furnished beef cattle to the American army. John, then fourteen years of age, accompanied his father as cattle driver. In this ca- pacity he witnessed the movements of the army, and Hull's surrender at Detroit. He became so disgusted with what he saw of military life that when he attained a suitable age, he refused to take part in the militia drills, and either paid his fine or furnished a substitute. In his early days he enjoyed few advantages for mental 346 HISTORY OF KANSAS TERRITORY. acquirements, from which cause he knew little even of the primary branches of school education. At the age of eight, he suffered the loss of his mother, which he lamented for years afterwards. When sixteen years of age, he joined the Congregational Church, and from tifteen to twenty learned the tanner and currier's trade. At the age of twenty he went East, with a view of acquiring a liberal ed- ucation in some good college, and preparing himself for the ministry. Having nearly fitted himself for college under the instructions of Rev. Moses Hallock, ho was suddenly seized with the inflammation of the eyes, which compelled him to quit school. He returned to Ohio, where he mar- ried his first wife, by whom he had seven children. She, dying in 1832, he shortly afterwards married a second time, from w^hich union were born thirteen children, of whom three sons were with him at Harper's Ferry, two of vv'hom lost their lives and the third escaped. From 1821 to 1826, he spent his time in Ohio at .tanning and farming, and then moved to Crawford County, Penn- sylvania, where he continued in the same vocation. In 1835 he returned to Ohio, Portage County, where, besides carry- ing on his trade, he speculated in real estate, which resulted in financial loss. In 1840 he engaged in the wool business, and in 1846 removed to Springfield, Massachusetts, where he sold wool extensively on commission for growers along the shore of Lake Erie. Here he undertook to dictate the prices of wool to the l^ew England manufacturers, who, forming a league against him, forced him to send his wool to Europe for a market. He shipped two hundred thousand pounds to England, where he sold it for one-half its value, and returned bankrupt. In 1849 he removed to Essex County, New York, upon a piece of land given him by Gerret Smith. This was located among the Adirondack Mountains, rugged, cold and bleak. Here the same benev- olent philanthropist had granted lands to negroes, who had formed a small settlement upon them. In 1851, Brown re- 1856.] "- OLD brown's " WARFARE. .3-47 turned to Ohio and engaj^ed in the wool traffic a^-ain, but in 1855, on starting to Kansas, lie removed his family to their former home at ISTorth Elba, in New York, where they still reside, and where his grave was afterwards made. As early as 1839 Brown conceived the design of libera- ting the slaves in the South, although from his boyhood he had been a " determined abolitionist.'" The character of his reading, his travels in Europe, and his residence among the blacks in ISTew York, all tended to fit and prepare him for tlie great object of his life. When Kansas was thrown open to settlement, his four elder sons determined to emigrate thither, which they did, and settled in the spring of 1855, about eight miles from Ossawattomie, on Potto wattomic Creek. They came with the view of assisting in making- Kansas a free State, and of securing to themselves comfort- able homes. Troubles soon breaking out in the Territory, and they themselves being harrassed and threatened, they vrrote back to their father for arms, with which they might protect themselves. These the father procured through the generosity of his friends, and instead of sending, went with them to Kansas. He came here, therefore, unlike free state men generally, not to settle and make a home, but to fight in the battles of freedom, and, when the conflict was over, to return. Still, while here, when not engaged with the enemy, he was in- dustriously employed upon his claim, building a house, lay- ing out his fields and attending to stock. The part which he took in the Kansas troubles will appear in connection with the events. In the fall of 1856, after the demonstra- tion upon Lawrence, he left with his tour sons for the East, by way of ]N'ebraska. In iSTovember he appeared before the iN'ational Kansas Committee, soliciting aid, but without much success ; in Jaimary he appeared before the Massa- chusetts Legislature, to whom he made a speech detailing his experience in Kansas. While East he contracted for the pikes which he afterwards used at Harper's Ferry, and labored 348 HISTORY OF KANSAS TERRITORY. to secure friends aiul further Lis designs generally against slavery. The celebrated Canada Conterence was held, a constitution for a provisional government drawn up. and the whole scheme of liberating the Southern slaves, as after- wards developed, framed. It was the arrangement to have made the attack at Harper's Ferry sooner, but various causes led him to defer the matter and make a strike in Kansas first. He accordingly labored to secure funds and arms with which to equip a company of one hundred men for demonstrations in South-eastern Kansas. Unsuccessful in a great measure in the accomplishment of the latter ob- ject, he returned, dissatisfied with his Eastern visit, in ISTo- vember, 1857, to this Territory, where, the following fall and winter, he co-operated with Montgomer}^ against the Ruflians in Southern Kansas. Old Brown, as he was familiarly called in Kansas, was no politician, and had taken no interest in politics since the first election of Jackson. He was decidedly a man of action and had no faith in the overthrow of iniquity and sin by moralizing and theorizing. His religious convictions were deep and settled ; and it is only when we consider his im- swerving and abiding Faith that the overruling Providence would protect and, give success to the Right, that we are enabled to understand the reasons which actuated the man. He was a great lover of the Bible, and especially of the Old Testament, among whose characters Gideon was his favorite. He believed w^ith the most unclouded Faith that the same Lord that strengthened Gideon, would strengthen him in his stroke for the oppressed. Viewed in any other light than that of Christian faith, his scheme for the liberation of the slaves is fanatical and absurd. In January 1859, Brown left Kansas with a lot of slaves taken from Missouri. He proceeded to Canada, where the details of his subsequent raid in Virginia were arranged. He spent the spring and summer in preparing for the an- ticipated stampede. On the 16th of October he made his 1856.] '' OLD brown's "■ WARFARE. 049 well known ii.^sault jit lIar[>or's Ferry, Aviiicli cost, bini and t.wo of his sons their lives. Captain John Brown, Jr., upon hearing that Lawrcnee was menaced by a large body of invaders, set out with a company of sixty men to join in the defence of tliat place ; but in consequence of the peace policy adopted, his services were never brought into recjuisition. After the sacking of the town lie returned, disbanded his men and retired to work on his claim. Pro-slavery men in the region of Osawattomie had for some time been very impudent, bold and threatening. The spirit of extermination which incited the destroyers of Lawrence and which had been breathing its threats along the Border all spring, at once seized the pro-slavery men of that section. To illustrate this fact, the case of Mr. Bell, who now lives near Baldwin City, will suffice. He had come from Missouri a short time l)efore and settled in a pro-slavery neighborhood near whore he still lives, lie oc- cupied a house belonging to a pro-slavery man and was kindly received by that party, they supposing, as he came from Missouri, that he was all " sound on the goose."' But ascertaining iiis free state proclivities, they dropped him, and about the time that Lawrence was invaded, ordered him out of the house. In vain he entreated to be allowed to remain until his wife would recover from her sickness, and that he might be able to look around for another house. The order was imperative and with his afflicted family he moved into a rail pen for shelter. Leaving his family with only provision enough for two days he went to Missouri for a supply, but on his return, when within eight miles of home, was seized, taken back and held prisoner, though he earnestly importuned to bo allowed to convey his provisions to his famishing wife and children. While the men al)out Osawattomie were absent at Law- rence, their pro-slavery neighbors visited their defenseless, families, insulted and notilied them to leave the country, 42 350 HISTORY OF KANSAS TERRITORY. and threatened, in case they did not observe this order to kill them all. A certain man who had a store was shockingly abased because he had furnished the free state men ammunition when they set out for Lawrence. It was then, and is yet, believed by the residents of that part of the country that a plan had been arranged for the destruc- tion of all the free state men in the neighborhood the latter part of May and especially those of the Browns. On the return of Captain John Brown, junior, and his company, and learning the deep laid plots of assassination, a I JOHN BROWN STARTING OUT TO BEGIN THE WAR. council was held near Osawattomie, at which the question of taking the field and engaging in actual hostilities was discussed, of which Captain John Brown, senior, warmly advocated the afiirmative. The majority of the company on its being put to vote, deciding against him, he stepped out from the ranks, and with sword upraised, called upon all wdio were willing to begin " the war in earnest " to fol- low him. About eight responded, and with them, he left the camp of his son, to begin his memorable career. Pro- ceeding up the Maries Des Cygnes a short distance, he halted his men, and there, in the still and deep-tangled 1856.] " OLD brown's " WARFARE. 351 woods, held a council. Exactly whatwas said is not kno\vn. But Brown soon infused in his followers his own spirit of determination and hostility to slavery. At this council ii was determined whenever any demonstration tow^ards ex- ecuting the plot to massacre free state men should he ma(h' that certain parties should be killed on the spot. While Brown went North for aid, on the night of tin- 24th of May, Mr. Doyle and his two sons, Mr. Shormtui and Mr. Wilkinson, were all taken from their houses and murdered. The act had been precipitated in consequenc of certain outrages committed by the above mentioned parties the day before. Old Bro'wn, who was absent at tlu' time, fully sustained and approved of the deed. Good people every where were shocked at the announeo- ment of this seeming act of barbarity, so utterly at vari- ance with the conduct and policy of free state men, many of whom strongly denounced it. But still, when men became familiar with the aggravating causes, the awful state of aflairs in that section of the Territory, they viewed the matter in a different light. While all the reasons, which w^e have sought truthfully to state, that impelled the actoi's in this bloody drama, may not excuse their conduct, they tend in a great degree to palliate it. Perhaps it approaches nearer a cold blooded atrocity than any other which at- taches itself to free state men in Kansas. While, therefore, we would not excuse, though we would not censure un- justly, an outraged and oppressed community, w^e can but deplore the occurrence, as partaking too much of the re- morseless character of the Border Ruffians. This occurrence, like the " murder of Jones,'' was used as a pretext for new outrages by Southerners and Missou- rians. The usual "war extras" were issued, IS. G. Cato exerted himself to bring the murderers to justice, Shannon was petitioned for troops and arms, a messenger wns, dis- patched to Fort Scott for aid, and every thing was hurry and confusion, as though an invading army was upon them. 352 HISTORY OF KANSAS TERRITORY. Accordingly, Governor Shannon dispatched Captain Wood, then commanding at Lawrence, to the scene of dif- ficulties, lu a day afterwards, receiving word that armed bands were collecting on the Pottowattomie Creole, he sent Lieutenant Church with a small detachment to in- vestigate the facts. This officer proceeded south of Law- rence about eighteen miles, where ho mot Captain Brown with a force of about eighty men, v/honi he commanded to disperse. Agreeable with this requisition. Captain Brown and his men repaired to their homes ; the Lieutenant re- turned and reported that there were no men collecting for the purpose of invading the Territory. For the purpose of capturing or destroying " Old Brown," Captain Pate, towards the last of May, set out for Osawat- tomio with his company of " Shannon's Sharp Shooters." lie was a Virginian b}^ birth, good looking and intelligent. Of some experience as a journalist, he made an excellent correspondent of the " Missouri Republican," in which he gave the pro-slavery version of Kansas matters. He took an active part with the Border Ruffians, and seemed to en- joy the invasions as the happy diversions of life. At the sacking of Lawrence he rode a fine horse, decorated with ribbons. On arriving in the neighborhood of Osawattomie, ho captured two of " Old Brown's " sons, John, a member of the State Legislature, and Jason, both of whom he found quietly working on their farms. They were charged with murder, kept in irons and treated with severity. Captain Pate proceeded to arrest other persons, and burn houses. Shortly Captain AYood arrived, when the prisoners were de- livered over to him, by whom they were treated with the same inhumanity. Being unable to lind Captain Brown, Sen., Pate, with his company and United States troops, set out, on the 81st of May, for the Sajite Feroad. Tlie troops, with the prisoners, encamped on Middle Ottowa Creek, ■'J^hey afterwards continued their journey to Lecompton, 1856.] " OLD brown's " WARFARE. 853 distaut twenty miles. The prisoners were driven before the dragoons, in the hot sun, chained two and two. John Browm, Jr., w^ho was of a sensitive nature, excited by the horrid stories told him about the murder of his father, be- came insane while in the camp at Leavenworth. Captain Pate and his company advanced as far as Hickor}- Point, on the Santa Fe Poad, and encamped on the head of a small branch called Black Jack. His camp w^as five miles south-east of Palmyra, and the same distance in an eastern direction from Prairie City, at the head of a ravine in the (.'dge of the prairie. " The bottom of the ravine at Black efack, besides the growing timber, had some deep water drains or ruts, round which was a thicket. Tliere was also several bogs on the spot where the camp was." That night Captain Pate's company plundered Palmyra, and took several prisoners — Dr. Graham, of Prairie City, who was out reconnoitering, and Father Moore, a Baptist Preacher. The latter was an old man, from Missouri, and knowm to some of his captors. They cruelly maltreated him l)y putting a funnel in his mouth and pouring wdii sky down his throat, in order, as they said, 'Ho make the old preacher drunk."' On the following morning they returned and com- pleted the plundering of the place. In the afternoon they undertook to repeat the same thing on Prairie City. Six men started upon this expedition. It being Sunday, people of that village were assembled in the house of worship. But men w^e.nt armed in those days, even to church, and w'hcn the watchman announced the approach of the Mis- sourians, the congregation rushed out; the men threw themselves in front of the enemy and captured two of them and made strange music for the balance. Meantime every eftbrt had been made to discover Pate's encampment, with the design of attacking it and releasing the prisoners. Captain Browni was on the tramp all the time. " Like a wolf," says a contemporary writer, " robbed of its young, lie steahhil}' l)ut re.sohitely, watched for his 354 HISTORY OF KANSAS TERRITORY. foes, while ho skh'ted through the thickets of the Maries Des Cygnes/'' and Ottawa Creeks." Captain Shore, com- mander of the Prairie City company, was also diligent in the search. On Monday morning two scouts lirought tidings of the enemy's whereabouts. Immediately Captain Brown, with nine men, and Captain Shore, with nineteen men, left Prairie City and rode towards Black Jack, On arriving within one mile of this place, they dismounted, left their horses in charge of two guards and dispatched two messen- gers for help, one to Palmyra and the other to Captain Ab- bott's company on the Wakarusa. The remaining twenty- six men then marched towards the enemy. Captain Pate had now about fifty men under his com- mand. They had formed a kind of breast work by placing three or four wagons in a line on the prairie a few rods from the bottom of the ravine. They had pitched one of their tents immediately behind the wagons. When it was an- nounced that the free state men were coming. Captain Pate drew up his men behind this rolling fortification and pre- pared for the attack. " When they reached the enemy's position. Captain Brown wished Shore to go to the left and get into the ravine below them, while he with his force would get into the upper or prairie part of the ravine, in the bottom of which was long grass. As the ravine made a l^end they would thus have got in range of the enemy on both sides, and had them in cross-fire, without being in their own. Captain Brown, with his nine men, accordingly went to the right. Captain Shore, with more bravery than military skill, approached the foe over the hill to the west of their camp, marching over the prairie, up within good range, fully exposed and ^vith no means of shelter near them." In a moment Captain Shore poured down upon the Mis- sourians a volley of lead in the front while Captain Brown '■'A French name, signifying " The Swamps of the Swans," 1856.] " OLD brown's " AVARFARE. 355 who had secreted his company in the tall grass, within the outer banks of the ravine, opened a galling fire upon their left flank. After the battle had lasted about five minutes the Missourians retreated from the wagons to the ravine, where they found secure lodgment. This left Captain Shore's men exposed to the fire of a concealed foe. They, therefore, retreated back until out of range, except the Captain and two or three of his men, who went down and joined Brown. The firing on both sides now continue of Colonel Sunmer. lu accordance with the programme, which they had arranged, United States Marshal Donald- sou, with Judge Elmore, entered Topeka about 10 o'clock on the 4th. They went to tlie place where the jtopular convention was in session, and intimated to a few persons that they had something to communicate to that body. Having taken their places upon the platform at the invita- tion of some of the officers, the Marshal announced that he had several proclamations to read to tlieni, but as he was no speaker. Judge Elmore would attend to it. The Judge then proceeded to read the President's proclamation of February, and several of Governor Shannon's, and linally the following one from Secretary Woodson : " PROCLAMATION BY THE ACTING GOVERNOR OF KANSAS. " Whereas, We have been reliably informed that a num- ber of persons, claiming legislative power, are about to as- semble in the town of Topeka, for the purpose of adopting a code of laws, or of executing other legislative functions, in violation of the act of Congress, organizing the Terri- tory, and of the law^s adopted in puFSuance thereof; and it appears that a military organization exists in this Territory for the purpose of sustaining this unlawful legislative move- ment, and thus, in effect, to subvert by violence all present (constitutional and legal authority ; and, " Whereas, The l*resident of the United States, has, by })roclamation bearing date, 11th of February, 185G, de- clared that any such plans for the determination of the 186fi.] RELIEF FOK KANSAS. 373 future iuHtitutions ot" the Territory, if carried into action, will constitute insurrection and therein command all per- sons engap:ed in such unlawful comhinations against the constituted authorities of the Territory of Kansas, or the United States, to disperse and retire to their respective ])laces of abode ; and, " AV^HEREAS, Satisfactory evidenct^ that said proclamation lias been, and is about to be, disregarded, now, therefore, "I, Daniel Woodson, acting Governor of the Territory of Kansas, l)y virtue of the authority vested in me by law, and in pursuance of the aforesaid proclamation of the President, of the United States, and to the end of upholding the legal and constituted authorities of the Territory, and of pre- serving the peace and public tranquillit}', do issue this, my proclamation forbidding all persons claiming legislative [)Ower and authority, as aforesaid, from assembling, organ- izing, or attempting to organize, or acting in any legisla- tive ca])acity whatever, under the penalties attached to all unlawful violation of the law of the land, and the dis- turbers of the peace and traiiquilllity of the country. " In testimony whereof, I have hereunto subscribeout six hun- dred yards distant. After firing a few rounds on both sides, the Missourians, who became somewhat confused by the murderous fire trom the timber, wheeled the cannon into position upon the right of the free state men, at a distance 1856.] BOLD STROKES AND EXTERMINATION. 387 of about four liundred yards, and opened fire. At each successive discharge they moved tlie gun about six rods to the east so as to scour the timber. They fired six shots without eti'ect. All the time the free state men were pour- ing into the enemy a murderous fire, and moving to the east likewise, thus escaping the vollies from the artillery. The Missouriaus then dismounted and made an infantry charge upon the front and right wing of Brown's party. The latter, overpowered and without orders, retreated in confu- sion across the river, some swimming it, others passing over in a skiff. Two were killed while attempting to cross on horseback. After taking five prisoners the Missourians proceeded to demolish the town. Osawatomie was a village of about two hundred inhabi- tants, owned principally by O. C. Brown, who was its foun- der. It was laid out in the spring of 1855, assisted by the 'Hew England Emigrant Aid Society, which located a mill there. It derives its name from the union of the two words Osage and Pottowatomie. Brown was a pro-slavery man, but lost his property when the town was destroyed. The women had generally left the village a tew days previous to the attack. The Missourians first plundered the dwelling houses and stores. They filled the wagons which they had with them, and others which they procured in the town, with goods and other valuables. When they had thus se- cured their booty, they set fire to the dwellings and stores, and in a short time only four houses were standing on the town site. With their loaded wagons, prisoners, a vast number of horses and cattle which they had collected from the town and surrounding country, they left for Westport. They had five wagons, which they kept a little distant from the others, and would not permit the prisoners to approach, but guarded them constantly. On this account they were sup- posed to contain the bodies of the dead. Of the prisoners they captured, Mr. W. Williams, a Missourian, was led to 388 HISTOEY OF KANSAS TERRITORY. the edge of the town and shot. On Septejiiber 1st, Charley Keiser, who had been kindly assisting them in driving cat- tle, in order to preserve their good will, was taken out a short distance from the camp on Cedar Creek, and shot by , II guard of Kickapoo Rangers. He had been concerned in the battle of Black J ack — an unpardonable offence, and the same for which Cantral died. ^lessrs. K. Reynolds and II. K. Thomas were taken on to Kansas City, put aboard a boat, and sent down the river, with the Avarniug that if caught again in the territory during the troubles, the pen- alty would be hanging. Beyond what has been mentioned above, the free state men suffered no loss, either in killed or wounded. Captain Brown was last seen after the battle, slowly as- cending the north bank of the Maries des Cygnes, with his sword thrown over his shoulder and a revolver in the other hand. All supposed that he was killed, until about a week afterwards, when Lawrence was in danger, he came riding into that town, to the astonishment of the people. He ap- peared like an appointed deliverer, and joy lit up the coun- tenances of the inhabitants, as they gazed upon the hero of the Maries des Cygnes. He immediatety took command. Rev. Martin White, for the service of killing Frederick Brown, was elected a member of the Lecompton Legisla- ture. At its session, in a speech, he gave a glowing descrip- tion of this wonderful and praiseworthy feat. When the assembly adjourned, he started home, but never reached it. His body was afterwards found upon the prairies, with a ball through his heart. Word having reached Lawrence and Topeka concerning the demonstrations of Reed, General Lane, with about three hundred men, set out to intercept his retreat back to Mis- souri. Arriving in the neighborhood of Prairie City, he learned that the invaders had encamped on the head waters of Bull Creek. He marched his men on double quick, every one in high expectation of a tight. The cavalry, about 1856.] BOLD STROKES AND EXTERMINATION. S89 thirty in number, approached the enemy lirst, and liultcd for tlic infantry to come up. The Missourians liad formed in line of battle, in front of their camp, v/ith four pieces of artillery planted and loaded. As soon as the infantry arrived, General Lane ordered the whole command to fall back eight miles and encami»; the reason for which, as he afterwards explained, was, that it was too near dark to begin a battle. The men disap- pointed, dejected, in many instances, on the retreat, sank exhausted on the prairie, and a general murmur was heard throughout the lines. They had run over a rough country, beneatli a broiling sun, without food, for twenty-five miles, in high hopes of a fight, and, at the moment they had an opportunity to pounce upon the enemy, were ordered back. Early on the following morning, Keed and his command decamped, and hurriedly marched for Westport. Lane, learning from his scouts that the enemy had left, returned with his command to Lawrence. Meanwhile the pro-slavery forces at Lecompton were committing all manner of outrages, burning houses, taking property, seizing deputations that were sent to remonstrate against such flagrant conduct, and holding them prisoners. The county ofiicials at the head of the United States troops were busy making arrests and insulting unprotected fami- lies. The Topeka boys, as they returned home, beheld the smoking ruins of six dwellings. On the 30th of August General Richardson and com- mand was ordered between Leavenworth and Lawrence to prevent Lane's escape. The following day Secretary Wood- son, who did not fancy the idea of the Topeka boys in go - ing down to operate against General Whitfield, ordered Col- onel Cook, with his command, "to proceed, at the earliest moment, to invest the town of Topeka, disarm the insur- rectionists, or aggressive invaders against the organized Government of the Territory, to be found at or near that point, leveling with the ground their breastworks, forts and 47 390 HISTORY OF KANSAS TERRITORY. fortilicatioiis, keep the head men or leaders in close confine- ment, and all persons found in arms against the Govern- ment us prisoners, subject to the orders of the Marshal." lie wrote, " It is very desirable to intercept the invaders on the road known as 'Lane's Trail,' 'leading from Nebraska to Topeka.' " With credit to Colonel Cook, we have it to record that he refused to obey this order. The Topeka boys responded to Colonel Lane's call for men, reaching Lawrence the same day they started, in time to join his command there in their march to Bull Creek. After a severe tramp of fifty miles, under a broiling sun and over rough roads, with spirits dejected and disap- pointed, they had sunk to rest in the grass upon the prairie. ISText morning word reached them that Topeka was menaced with destruction, and their homes exposed to the attack of an unscrupulous and remorseless foe. This announcement shot like electricity from heart to heart, banishing weari- ness and dejection, and infusing the strength of a giant in every man. Quickly they began their homeward march. Unconscious of thirst or heat, with spirits too strong for nerves and muscles, they strode over hills and across hol- lows. As they passed opposite Lecompton, they witnessed the smoking ruins of six free state dwellings, and beheld the lonely wife and helpless children grieving by the ashy remains. "Wild with rage, and urged on by the most intense solicitude, they pressed forward. Arriving at Big Springs, they received a dispatch that Topeka was unharmed and no enemy near. Assured that their homes were safe, their anxiety relieved, many sank exhausted along the roadside. But few reached Topeka that night; the others scattered from Big Springs to within a mile of their homes, slumbered in the grass along the highway, some of whom did not reach Topeka for several days. On account of the offenses above enumerated it was de- termined by the free state men to make a demonstration upon Lecompton, and liberate the prisoners held by the 1856.] BOLD STROKES AND EXTERMINATION. 891 bogus officials. On tlie evening of the 3d of (September the forces left Lawrence in two divisions, one under tlie coni- numd of Colonel Harvey to the north of the Kaw, the other under Colonel Lane to the south of that river, with the de- sign of making a simultaneous attack early the following morning. Colonel Harvey proceeded with his men and took position immediately north of Lecorapton, so as to prevent the escape of fugitives. After waiting all night and next day, in a cold rain, and Lane not appearing, he presumed that the attack had been abandoned. He made an assault in a different quarter. Learning that there was a company of Ruffians encamped on Slough Creek, about fifteen miles from Lecompton, who had been plun- dering and stealing, he resolved to attack them. Before the Rufiians w^ere aware of their presence, Harvey's men had them surrounded. One of the members of the pro-slavery camp discharged, his gun at the free state men, which brought upon the Ruffians a fearful volley of rifle balls, whereupon the latter immediately surrendered. They wer e disarmed, relieved of their plunder, of wdiich they had a large quantity, and permitted to go their way. Several of them were badly wounded. General Lane, who had, from some cause, delayed his march, did not reach Lecompton until the afternoon of the fourtli. About four o'clock, he suddenly made his appear- ance on Capitol Hill, overlooking the village, and planted his cannon upon its frowning brow. A deputation was sent into town to demand of the commanding officer " the un- conditional and immediate surrender of all the free state prisoners now in Lecorapton." This deputation, on enter- ing town, were informed that the militia were disbanded and the prisoners released that morning, and were to be escorted to Lawrence next day. Meantime the troops, in camp a short distance oft", having received word of the at- tack, hurried to the rescue, and reached Lane's forces before the return of the embassadors from town. Colonel 392 HISTORY OF KANSAS TERRITORY. Cook, commanding the United States forces, rather chided the free state men for their mistake in thus appearing after the militia were disbanded and prisoners released. Mr. Parrott replied, " Colonel Cook, when we send a man, oi- two men, or a dozen men, to speak with the Territorial au- thorities, they are arrested and held like felons. How then are we to know what is going on in Lecompton ? Why, we have come here with an army to find out what is going on. IIow else could we know ?" The prisoners were re- leased according to promise, but that afternoon was the first intimation to any free state man that the militia had been disbanded or that the prisoners were to be released. While these events were transpiring, horrid scenes were being enacted at Leavenworth. Teams sent to that city for supplies of provisions and goods were seized, and the drivers held "prisoners of war." "The roads," said Governor Shannon, " were literally strewn with dead bodies." Thir- teen mutilated corpses were found in one place. These murderers and desperadoes were Missourians and Southern- ers; the former crossed over from Platte county. They were under command of Captain Emory, a mail agent, called themselves " The Regulators," and declared all free state men who did not leave would be killed. On the 1st of September an election was held, at which Mr. Murphy was elected Mayor. They then proceeded to expel every free state man from the town. To this end they broke open stores and private houses, and drove the occu- pants into the roads, irrespective of age or sex. Under the pretext of searching for arms, they forcibly entered the house of Wm. Phillips, the same gentleman who had pre- viously been tarred and feathered. Presuming that he was to be subjected to a similar outrage to that he had suffered before, lie determined to defend himself. As they rushed upon liiiii, lie fired and killed two of them ; in an instant his body was pierced by a dozen bullets, and he fell dead in the presence of his wife and another lady. Fifty of the in- 1856.] BOLD STROKES AND EXTERMINATION. 393 habitants were that day driven on board the Polar Star, the captain of which was ordered not to leave without permission. On the following day Captain Emory paraded the streets with eight hundred armed men. He drove one hundred more men, women and children aboard the boat, and with an escort started them for St. Louis. Others had tied to the woods and the fort to lind protection. The reign of anar- chy was complete. The commander of the fort refused protection to the refugees, and posted bills requiring them to leave the premises. Many of these sufferers, " among whom were men of the highest respectability, and women and children, were compelled, some of them without money or suitable clothing, to take to the prairies, exposed at every step to the danger of being murdered by scouting or ma- rauding parties, or at the risk of their lives eifect their escape upon the downward bound boats. Some of these were shot upon the river banks while making the attempt, whilst others were seized at Kansas City, and other Missouri towns, brought back as prisoners, and dis- posed of in such a manner as will only be made known in that great day when all human mysteries will be revealed. There is many an unhappy wife and mother in the States, looking anxiously, and hoping against hope, for the return of an adventurous husband or son, whose bones are bleach- ing upon the prairies or mouldering beneath their sod." Darkness overshadowed the land. Heaven never looked down upon a sadder picture of human folly and corruption; angels, if they witness earthly scenes, must have wept as they gazed upon the innocent victims of rapine and vio- lence. O, the depths of human depravity ! The greatest enemy of mankind is man. While the men were absent, committing injury to their fellow-men, their liomes would 1)0 visited bymemljers of the opposite faction, their families <1 riven out from their burning houses, and frequently, while their wives and daughters writhed in the foul embrace of 394 HISTORY OF KANSAS TERRITORY. the destroyer, the air was filled with their wild shrieks aud piteous wails. Armed bands from Missouri, or gangs of Southerners, were constantly scouring the country, but all moving towards and gathering around Lawrence, in re- sponse to Secretary Woodson's proclamation, by which they legalized their proceedings. On the other hand, free state men were not idle. We have noticed the bold strokes and determined movements of an outraged and brave people. But aside from these, there were instances of pro-slavery neighborhoods and families being visited, robbed and other- wise abused, sometimes in retaliation for similar oflenses received, more frequently by desperate and reckless charac- ters, to satisfy their love of plunder and crime. At the opening of the fall term of court, the State pris- oners at Lecompton reported themselves ready for trial. But the Government was not ready, witnesses were not to be had, &c., and Judge Lecompte then discharged them upon bail for their appearance at the next term of court. The bonds ranged from five hundred to five thousand dol- lars. On the 10th of September, just four months after their arrest, they were set at liberty, and returned to the " treasonable city " of Lawrence. At the spring term of court the prisoners again appeared for trial. The prosecuting attorney entered his nolle 'prose- qui in all cases of treason. Governor Robinson was tried for usurpation of ofiice, but was acquitted, the testimony showing that he was sworn in as Governor of the State of Kansas before there was such a State, and there was no such an ofiice at that time known to the law. 1856.] GOVERNOR GEARY. 395 CHAPTER XXXVI. GOVERNOR GEARY. Colonel Jolm W. Geary was appointed by President Buchanan to supersede Mr. Shannon as Governor of Kan- sas. He was born in Westmoreland county, Pennsylvania, and was, at the time young men generally receive the most help from parents, thrown upon the world with the patri- mony of a debt and the support of a widowed mother. He soon relieved himself of the former, contributed to the latter by teaching, and at the same time devoted himself assiduously to study. He graduated at Jefferson College, Pennsylvania, and, not liking the vocation of a teacher, first became a sur- veyor in Kentucky, and then in several other States. He afterwards filled all the ofiices, from clerk to superintendent, in the Alleghany Portage Railroad Company. On the breaking out of the Mexican war, he volunteered his ser- vices as a soldier, was first made Lieutenant Colonel of the Second Pennsylvania Regiment, and afterwards, upon the death of the Colonel, became his successor. He rendered valuable service in the war, for which, on the 22d of Janu- ary, 1849, President Polk appointed him to the oflice of postmaster at San Francisco. On Mr. Taylor's coming into power, he was superseded; but was immediately unani- mously elected by the citizens first alcalde of that city. The following year, under the first city charter, he was chosen mayor. All these various positions he filled with ability and general satisfaction to the public. In 1852 he 396 HISTORY OF KANSAS TERRITORY. left the Golden Gate, on a six months leave of absence, to visit his family and friends in Pennsylvania. Soon after his return home, his wife and several near relatives died, on account of which affliction he abandoned the idea of troiiiiir back to California. He was appointed Governor of Kansas in the latter part of July, and immediately prepared to start to the scene of his new labors and responsibilities. lie reached Jeflerson city on the 5th of September, where he held a conference with Governor Price, whom he engaged to remove the ob- structions to free state travel on the Missouri. Soon after- wards, the navigation of this river was open and free to all the citizens of the Union. As the Governor ascended the Missouri, he witnessed the wild commotion of the citizens along its banks. At Glasgow, Capt. Jackson embarked a company of " Kansas Militia," and a cannon, on the same boat, and the new Governor had the pleasure of their com- pany as far as Kansas City, where he beheld, in wildest con- fusion, agenliine display of Border Ruffianism. The appointment of Gov. Geary was not at all satisfac- tory to the Border chiefs. They knew that he would not iavor their nefarious designs, and hence desired a man se- lected from their number. The following is a portion of an address sent forth to their pro-slavery allies. " We have asked the appointment of a successor, who was acquainted with our condition ; who, a citizen of the Territory, identified with its history, would not be preju- diced or misled by falsehoods which have been so system- atically fabricated against us ; one who heretofore is a resi- dent, as he is a native, of a non-slaveholding State, yet not a slaveholder, but has the capacity to appreciate, and the boldness and integrity requisite, to discharge his duty, re- gardless of the possible effect it might have upon some petty politician in a distant State. " In his stead we have one appointed who is ignorant of our condition, a stranger to our people, who, we have cause to fear, will, if no worse, prove no more efficient to protect us than his j)redecessors. 1856.] GOVERNOR GEARY. 397 " With, then, a Governor which has proved imbecile — lias failed to enforce the laws for our protection — with an army of laAvless banditti overrunning our countr}- — what shall we do? " Though we have full confidence in the integrity and fidelity of Mr. Woodson, now" acting as Governor, we know not at what moment his authority will be superseded. We cannot iiwait the occasion of the incoming of our newly appointed Governor. We can not hazard a second edition of imbecility or corruption. " We must act at once efi'ectively. These traitors, robbers and assassins must be punished ; must now be taught a les- son they will remember. " This is no mere local quarrel ; no mere riot ; but it is war ; a war waged by an army ; a war professedly for our extermination. It is no mere resistance to the laws, no siniple rebellion of our citizens, but a war of invasion — the army, a foreign army — properlv named the 'Armv of the North.' " It is not only the right, but the duty of all good citizens of Missouri, and every other State, to come to our assistance, and enable us to expel these invaders. " Mr. Woodson, since the resignation of Governor Shan- non, in the absence of Governor Geary, has fearlessly met the responsibilities of the trust imposed upon him, has pro- claimed the existence of rebellion, and called on the militia of the Territory to assemble for its suppression. " We call on you to come ! to furnish us assistance in men, provisions and munitions, that we may drive out the ' Army of the North,' who would subvert our government and expel us from our homes." These extracts wall give an idea of the address thus sent forth to the Missourians. We have seen how^ the}' promptly responded. But we have also seen, they dearly purchased their plundering success. Still they were not satisfied. They wished the war to continue. Their strength was daily increasing ; the provisions of the people of Lawrence and other free state towns w^ere well nigh exhausted, and hence they were confident of success. They closely guarded the roads to Kansas City and Leavenworth, and seized everv 48 398 HISTORY OF KANSAS TERRITORY. load of provision designed for the opposite party. When protection was asked of Secretary Woodson against these robberies, he answered, " submit to the Territorial laws and I will protect you." In consequence of being cut oft from supplies, and their scanty provisions at home being exhausted, free state men were frequently led by the first law of nature to make raids upon pro-slavery neighborhoods, and gather torage there- from. For this purpose the Topeka boys visited the settle- ments at Burlington, Osawkee and Tecumseh, and farms adjoining their town. There was no other resource to ob- tain food for themselves and friends. Other free state men and towns were in some instances compelled to do likewise. It was the design of the Border chiefs to delay in some way the arrival of Governor Geary until they had accom- plished their purpose in inflicting summary punishment upon the settlers of Kansas. They wished to utterly destroy Lawrence and other free state towns, expel Lane and his force from the Territory, and intimidate all others. It was this scheme which created the commotion along the Mis- souri river, the mustering and shipment of troops two hun- dred miles from the Border. Governor Geary, on taking passage in the boat at Jefierson City, was warned by an armed ruffian that if he attempted to interfere with the ar- rangements of the pro-slavery party in the Territory, he would be assassinated. But the Missourians, from some cause, failed to delay Governor Geary's approach, and he arrived in the Territory just in time to quash their movements. lie reached Fort Leavenworth on the 9th of September. He had not been there but a few hours before a United States sergeant came m with a sad report to General Smith. He had been de- tailed as safe-guard to conduct Samuel Sutherland, E. B. Whitman and Abraham Wilder from Lawrence to Fort Leavenworth. When within a few miles of the latter place, Emory and his party seized the three men named, and with 1856.] GOVERNOR GEARY. 399 their wagons, horses and property, forcibly conveyed them to Leavenworth City. A detachment of United States troops was at once sent to the city to arrest the guilty par- tics. In a few hours the free state prisoners, Emory and his men, were brought in ; after a slight rebuke adminis- tered to the insolent offenders they were set at liberty. The following day Governor Geary addressed a note to Colonel Clarkson, who had command of the Territorial militia, stationed at Leavenworth City, urging him to guard against such occurrences, and take steps to restore the prop- erty of the men thus seized. On the same day he set out for Lecompton, where he arrived on the 12th of September. He found the people of that place in a state of great excite- ment in consequence of the recent visit of Lane. He im- mediately issued his address to the people of the Territory, setting forth his policy, and urging upon tliem to drop past diiferences and leave the result to a peaceable settlement at the ballot box. Subjoined are a few extracts : " Is there no remedy for these evils ? Can not the wounds of Kansas be healed, and peace restored to all her borders ? " Men of the Xortli — men of the South — of the East, and of the West, in Kansas, you, and you alone, have the rera- ed}^ in your hands. Will you suspend fratricidal strife? Will you not cease to regard each other as enemies, and look upon one another as children of a common mother, and come and reason together ? "In my official action here, I will do justice at all haz- ards. Intluenced by no other consideration than the welfare of the whole people of this Territory, I desire to know no party, no section, no Xorth, no South, no East, no Vv'est, nothing but Kansas and my country. " Let us all begin anew. Let the past be buried in obli- vion. Let all strife and bitterness cease." At the same time he issued orders requiring the com- mandants of the militia to disband their forces, giving as his reason that he had at his command a suflicicnt number 400 HISTORY OF KANSAS TERRITORY. of United States soldiers to suppress all disorders. But tbe real object was to get rid of the armed invaders that were mustered under the specious title of " Territorial IMilitia." At the same time he issued a proclamation, requiring all free male citizens to enrol themselves as militia, to organize into companies, regiments and brigades, and to hold them- selves in readiness for any emergency. He forwarded orders to the commanders of the militia to at once disband their forces. The Governor was all this time unaware of the designs of the Missourians. He knew not that they meditated war, and were mustering in such large numbers. On the morning of the 13th, he received a note from Wm. A. Heiskill, Brigadier General of Southern Division of Kansas Militia, stating that in response to the call of Secre- tary Woodson, he had eight hundred men in the field, armed, " ready for duty and impatient to act." The Gov- ernor immediately dispatched orders for their disbandment and return to their homes. Through his special agent which he had sent to Lawrence, he ascertained that a large military force of twenty-five hundred men, under the com- mand of J. W. Reed, Atchison, Stringfellow and others, were threatening the town; that his proclamations had not yet been distributed, that the free state men were willing to disband as soon as these invaders should retire. Governor Geary immediately set out for Lawrence, in company with Colonel Cook and three hundred dragoons. He found the city well fortified, but only about three hun- dred men in it, and the dangers surrounding it not so great as he expected. He w^as cordially received, made a speech to the inhabitants urging forbearance, and then returned to Lecompton. Here he found the people stricken with a panic and filled with terror, which the mere mention of Lane's presence would always occasion. A few persons had come in from the neighborhood of Osawkee, with the sad and startling 1856.] GOVERNOR GEARY. 401 intelligence that Lane and his men were in their viciuitv, laying waste the country, robbing, killing and driving off pro-slavery men. The facts in the case are as follows : Upon the arrival of Governor Geary in the Territory, General Lane determined to retire from it. He left by way of Topeka. Here he started out on the 11th of August, with about thirty men, and, on arriving at Osawkee, learned that there was an armed body of Ruihans in the neighbor- hood of Hickory Point, about iive miles distant, who had been committing depredations for some time in that neigh- borhood, and had that day entered Grasshopper Falls and robbed its stores. At the earnest solicitation of the citizens, he decided to attack them. He sent back messengers to Topeka for reinforcements. About dusk that evening, a company of fifty men, under command of Captain Whipple,* left Topeka on foot, who reached Osawkee about daylight, and joined Lane's command. The free state forces then marched to Hickory Point, Vvdiere they arrived about eleven o'clock, and found the enemy strongly fortified in three houses, one of which was log, under the command of Cap- tains Lowe and Robertson. They formed a line of battle, "Captain Whipple has rather a singular history. He was born in Lisbon, Conn., in 1830- He was a bold, fearless boy. but kind-hearted and agreeable. At the age of fifteen he left home as a volunteer for the Mexican war. He was so shifted about from one command to another as to be in most all the hard fought battles, and dis- tinguished himself as a soldier of undaunted courage. After the hostilities were over his command started for home across the plains. They had not proceeded far when a superior officer most grossly abused a private soldier. Whipple, who witnessed the brutal outrage for a short time, unable to restrain his indignation, pounced upon the officer and chastised him within an inch of his life- For this oii'ense ho was placed under guard, and when the troops arrived at Fort Leavenworth, was tried and sen- tenced to be shot. But, in consequence of his meritorious services as a soldier in tho war. this sentence was commuted to three years of hard labor in the guard-house and shop^-, with a ball and chain attached to his ankle. Ho was thus serving out his time, when he effected his escape in January, 1S56. After remaining for some time con- cealed in the wilds of the Delaware Reserve, he made his appearance at Topeka. Here he soon became familiar with the boys, was elected their Captain, and served with them during the troubles of that year. From his military knowledge and experience he was a great .acquisition to the free state men- From the time of his escape from Fort Leavenworth, he went under tho assumed name of Whipple, whereas his real name was Aaron Dwight Stephens. He was with John Brown during the troubles in Lower Kansas, accompanied him to Harper's Ferry, took part in tho raid, and perishea on tho gallows- 402 HISTORY OF KANSAS TERRITORY. challenged the pro-slavery forces to an open field conflict, which was declined. Being unable to dislodge the enemy without artillery, Lane dispatched a runner to Lawrence for reinforcements and artillery, with instructions for them to come by way of Topeka and Osawkee. Ketiring to the latter place himself, he encamped with his command. lie there received the Governor's proclamation, ordering all armed forces to disband, and concluded to observe it. He sent word to Topeka to notify the Lawrence company of his determination, and for them to return. His command divided, the Topeka boys returned home, while he continued his journey !North. The Lawrence boys, instead of obeying the directions of General Lane, marched directly across the prairie to Hic- kory Point, where they arrived about ten o'clock on the following day, and commenced bombarding the houses with a twelve pounder, which had been taken by Colonel Doni- phan, at Sacramento, and which tiie free state men had secured in the last engagement at Franklin. The contest lasted six hours, during which one or two were killed and several wounded. The party in the houses were allowed to capitulate upon the most honorable terms, and retire to their homes. Rumors becoming more rife of difUculties in the vicinity of Osawkee and Hickor}' Point, the Governor on the following- day, September 14, dispatched Colonel Cook an order to send a company of troops to that place. Accordingly about sunset eighty-one dragoons crossed the Kav/ Piver, and proceeded to the scene of disturbances. About 11 o'clock that night they came suddenl}^ upon a party of Col- onel Harvey's command, consisting of twenty-five men and three wagons, whom they arrested. Continuing their jour- ney, when within about four miles of Hickory Point they discovered the encampment of the main body of Harvey's men, whom they surprised and captured. They then re- turned with "one hundred and one prisoners, one brass 1856.] GOVERNOR GEARY. 403 Held piece, seven wagons, tliirty-eight United States mus- kets, forty-seven Sliarp's rifles, six hunting rifles, two shot guns, twenty revolving pistols, fourteen bowie-knives, four swords, and a large supply of ammunition for artillery and small arms." These prisoners were conducted to the camp of the United States troops and furnished inhospitable quarters. Their examination, after much delay, came ofl" before Judge Cato, which was partial in its character. The Prosecuting Attor- ney was Joseph C. Anderson, author of the Kansas Black Laws, a notorious Rufiian from Lexington, Missouri. The whole party were re-committed to custody for trial on the charge of murder in the first degree. 'No bail would be allowed, though the murderers of Barber, Dow, Brown, Jones, and others were either never arrested at all or set at liberty upon straw bail. They were soon afterwards re- moved from the United States encampment. General Smith refusing to retain them any longer, were placed in a dilapi- dated old house, guarded by a company of militia, under the command of Colonel Titus, and fed by Dr. J. IST. 0. P. AVood. They fared miserably for the want of proper shelter and food. The prisoners received their trial in October ; some were acquitted, others convicted of various degrees of man- slaughter, and sentenced to confinement for terms varying from five to ten years, at hard labor with the ball and chain. The latter part of the sentence was remitted by the Gover- nor. Upon the disbanding of the militia, in December, the prisoners — thirty-one of whom had escaped — were placed in the charge of Captain Hampton, a just and humane man. lie treated them with great lenity, and allowed them many privileges, for which he was bitterly denounced by the pro- slavery party, and came near losing his seat in its Conven- tion and the confirmation of his appointment by the Legis- lature. On the 2nd of ]SIarch, 1857, only seventeen prison- ers remained in charge of the master of convicts. 404 HISTORY OP KANSAS TERRITOllY. They were all pardoued by the CTOvernor, agreeably with petitions from all parts of the Territory, after havijig been in confinement nearly six months. While these events were transpiring, messengers were constantly arriving, bringing intelligence of the threatening state of affairs around Lawrence. The Governor, on the 14th, sent Secretary "Woodson, by whose orders these forces were assembled, and Brigadier General Strickler, with an escort of United vStates troops, to the pro-slavery camp on the Wakarusa, with instructions to disband tire militia. These gentlemen arrived at Franklin, assembled the Border chiefs, and sought to prevail upon them to obey the orders of the Governor. But they would pay no attention to the orders, utterly refused to recognize his authority, to listen to the Governor's proclamation, denounced and threatened Geary and declared they were not going to return until Lawrence and every free state town in the Territory were leveled with the ground. Their designs were blood and plunder ; they had entered upon the work of extermination for the " third and last time," and did not believe in abandoning their pur- pose so soon. In the afternoon of the same day, the Governor ordered Colonel Cook, with all his command, to hasten to Law- rence, and accompanied them himself. He found the dan- gers as threatening as had been described. Twenty-seven hundred armed men were in camp at Franklin, under the command of Generals Heiskill, Reid, Atchison, Richardson and Stringfellow, raving to attack Lawrence. But three hundred men Avere in arms in the city. These, unlike on the previous occasion, had determined to defend their fire- sides or perish in the attempt. Old John Brown, who had surprisingly appeared in their midst, was in command. There was no fear nor sickly efiiminacy there ; brave hearts beat in every breast, strong arms held every rifle. They were strongly fortified, well armbd, and commanded by a leader in whom they had the utmost confidence. They 1856.] GOVERNOR GEARY. 405 were iightiug at their own door ste[)S, in defence of their own firesides, and with the assurance that surrender would gain no more tlian defeat. Had there been an attack, and the free state men overpowered, the battle would have marked a ThermopylKi on the pages of history. When the Governor addressed the citizens of Lawrence, he told them that the troops had come to protect them, and \s'ould do it. They ottered to deposit their arms at his feet, and retire to their respective homes, but he bid them carry their arms with them, and use them, in the last resort, to protect their city and their lives. Early on the follovv^ing morning, the Governor started alone for the camp at Franklin. He met the advance party of three hundred about three miles out, preparing to make tlie assault. Already skirmishers and pickets had com- menced firing. AVhen he met them, he inquired who they were and Avhat were their objects. They replied that they were the territorial militia, and were going up " to wipe out Lawrence, and every d d abolitionist in the country." He informed them that he was the Governor of Kansas, and the commander-in-chief of the Territorial forces, and as such, ordered them to countermarch, and convey him to the center of the main line. He at once summoned the ofiicers together, and appealed to them in an earnest and feeling address, " setting fort! i the disastrous consequence of such a demonstration as was contemplated, and the absolute necessity of more lawful and conciliatory measures to restore peace, tranquillity and prosperity to the country," and directed their attention to his proclamations. The more prudent among them favored obeying at once his instructions, but such men as Jones, Clark and Maclean were loud in their denunciations of the Governor, and favored ettecting their purpose, even if they had to fight the United States troops. They, however, dis- banded and " retired, not as good and law-loving citizens, but as bands of plunderers and destroyers, leaving in their 49 406 HISTORY OF KANSAS TERRITORY. wake ruined fortunes, weeping eyes, and sorrowing hearts." Some left by way of Lecompton for Atchison, Doniphan and Northern Missouri; others took an opposite direction, proceeding to Fort Scott, Westport, and all the towns along the Border south of the Kaw, to return no more as invaders until they mustered in the cause of the Confederacy. It proved to be the "third and last time," indeed, but not for Lawrence, whicli continued to stand, grow and prosper until burnt and her people massacred by Quantrel. 1856.] THE COURTS. 407 CIIAPTEII XXXVII. THE COURTS. Governor Gcaiy next souii'ht to awaken and infuse nc\v life and virtue into the flndieiary of tlie Territory. Xot- witlistanding for tlie past two years, robiieries, murders and thefts were of daily ocenrance, but few, if any, offenders had been brought to justice. The Judges, like other United States officers in tlie Territory, had entirely lost sight of their official duties, in their blind devotion to party. AVe have seen the partiality employed in admitting pro-slavery criminals to bail upon worthless security, and refusing the same to free state men for mitigated crimes, though the best of vouchers were presented. Thc}^ had eagerly de- clared the enactments of the bogus Legislature valid before any case arose under them ; the}' had sought more to com- pel the free state men to recognize them as such than to punish an infraction of them. Their terms of court only lasted from live to nine days, twice a year in each county, and, in many instances, the Judges themselves were not present. When Governor Geary visited the pro-slavery camp on the AVakarusa, he found Judge Cato performing the part of a soldier. This same official was among the ruffian in- vaders durino- the siesre of Lawrence, in the fall of '55, and was with the party that killed Barber. When the live murders occurred on the Pottowatomie, he exerted liimself wonderfully to bring tlie guilty to retribution, lie wrote 408 HISTORY OF KANSAS TERRITORY. to Governor Shannon, " I shall do every-thing in my power to have the matter investigated," and the guilty parties brought to justice. But when Frederick Brown, William Garrison, Williams, Cantral and others were murdered by Reed's army, not a word was said about investigating the matter and administering justice. The Governor induced Judge Cato to accompany him to Lecompton. On their road thither a most shocking spec- tacle met tlieir view. As the northern division of the Ter- ritorial militia, under the command of Colonel Clarkson, calling themselves Kickapoo Rangers, and numbering about three hundred, retired home by way of Lecompton, when within a few miles of that place, six of these men " halted by a field where a poor unoffensive lame man, named David C. Buffum, was at work. They entered the field, and after robbing him of his horse, shot him in the abdomen, from which he soon after died." The Governor and the Judge arrived just in time to witness the writhing agony, and to receive the testimony of the dying man. The Governor took immediate steps to have the mur- derer brought to justice. A warrant was drawn up and placed in the hands of the United States Marshal, a reward of five hundred dollars was offered for the arrest of the criminal, and secret agents were dispatched to Atchison and vicinity. Though the Marshal and his deputies were exceed- ingly active in arresting and bringing in all free state men for wdiom they had warrants, still they made but little etibrt to arrest this pro-slavery murderer. After almost two months elapsed the Governor finally succeeded in identify- ing and securing the person of the guilty one, named C. Hays. On examination, he was committed for trial on the ■charo'e of murder in the first degree. Scarcelv had this been accomplished when Judge Lecompte admitted the prisoner to bail, with the worthless man Jones for security. This was thought to be a strange and irreconcilable pro- •ceedins;. The same Judi^e had refused bail to free state 1;-- >!< ^i'- " John W. Geary, " Governor of Kansas Territory. " W. L. Marcy, Secretary of State." " Kansas Territory, ) " ToPEKA, October 15, 1856. / "Sir : — We, the undersigned, conductors of an emigrant train, who entered the Territory on the 10th instant, beg leave to make the following statement of facts, which, if required, we will attest upon our oaths. " 1. Our party numbered from 200 to 300 persons, in two separate companies, the rear company (which has not yet arrived) being prmcipally composed of families with child- ren, wdio left Mount Pleasant, low^a, three days after this train wliich has arrived to-day. "2. We are all actual, bona fide settlers, intending, as far as we know, to become permanent inhabitants. " 3. The blockading of the Missouri river to free state emigrants, and the reports which reached us in the early part of September, to the effect that armed men were in- festing and marauding the northern portions of Kansas, were the sole reasons w^iy we came in a company and were armed. "4. We were stopped near the northern line of the Terri- tory by the United States troops, acting, as we understood, under the orders of one Preston, Deputy United States Marshal ; and after stating to the officers who we were and what we had, they commenced searching our wagons — in some instances breaking open trunks and throwing out wearing apparel upon the ground in the rain — taking arms from the w^agons, wresting some private arms from the hands of men, carrying away a lot of sabres belonging to a gentleman in the Territory, as also one and a half kegs of powder, percussion caps, and some cartridges ; in conse- quence of which we were detained about two-thirds of a day, taken prisoners, and are now presented to you. "All that we have to say is that our mission to this Ter- ritory is entirely peaceful. We have no organization, save 1856.] lane's northern army. 421 :i police organization, for onr own regulations and defense on the way. And coming in that spirit to this Territory, we claim the rights of American citizens to bear arms, and to be exempt from nnlawful search or seizure. " Trusticg to your integrity or impartiality, we have con- lidence to believe that onr property will be returned to us, and that all that has been wrong will be righted. " We have subscribed ourselves, cordially and truly, your friends and fellow-citizens. *■' S. W. Eldridge, Conductor. " Samuel C. Pomeroy, " John A. Perry, "Robert Marrow, " Edward Daniels, " Richard Realf. " To His Excellency, John AV. Geary, Governor of Kavsa.% Territory. The above letter of Governor Geary clearly shows his prejudices and partialities at that time. It is a querry when he alludes to " a smaller body which had entered Kansas as this has done, from an entirely different quarter, and who on hearing my purposes to disband armed bodies, not only submitted wiUingly to be searched, but by my orders, with- out a murmur, with cheerfulness disbanded and dispersed," whether he alludes to the Border Ruffians who thronged the country around Lawrence, burnt Osawattomie, killed Frederick Brown, Williamson, Garrison, Keiser, Buffum, kc, who would not read his proclamation, pay any attention to his agents, disowned his authority, and whom he himself by persuasion and the display of United States troops i)re- vailed upon with difficulty to abandon their deadly purposes. If he did not allude to this circumstance, he at least failed to mention it in his letter to the Secretary. The vain Gover- nor vainly imagined that he could restore peace and tran- quillity to Kansas, and save the credit of the Democratic party. He had to learn that Border Ruffians and the administration at Washington did not care a fig for him nor the Democratic party. 51 422 illSTORY OF KANSAS TERRITORY. CHAPTER XXXIX. PEACE — ARREST OF THE FREE STATE LEGISLATURE. On the last day of September Governor Geary wrote to the Secretary of State, at AVashington : " I'eace now reigns in Kansas. Confidence is being gradually restored. Settlers are returning to their claims. Citizens are resumiug their ordinary pursuits, and a general gladness pervades the com- munity." The guerrilla bands had been broken up and had disap- peared; houses were no longer robbed and burnt; women could safely traverse the highways, and the citizens had begun to resume their peaceful labors. Prosperity and quiet once again dawned upon the distracted country. In various localities disturbances yet existed, and numerous complaints reached the Governor respecting them. He cited them to the local authorities for a redress of their grievances, and urged upon these officers prompt and efficient action. These were encouraged by the assurance that they should be backed by the powpr of the United States troops in the discharge of their duties, and soon the jarring and disturb- ing elements in every locality were removed through the proper exertion of the municipal authorities. United States troops protected loaded wagons from Westport, Leaven- worth and Kansas City to all the towns in the Territory, and secured them against any danger of being robbed. The Governor almost daily received complaints of the 1856-7.] PEACE. 423 continued outrages at Leavenworth, and he accordingly, on the 1st of October, wrote to the Mayor as follows : " I regret to inform you tliat since the receipt of your last letter I have received numerous complaints from persons claiming to be your citizens. It is said there exists in your city an irresponsible body of persons, unknown to the law, calling themselves " Regulators ; " that these persons prowl about your streets at night and warn peaceable citizens ' to leave the Territory, never to return, or they may be re- moved when least expected.' " This thing, Mr. Mayor, loill never do, and cannot be tole- rated for a single moraent. These ' regulators' w.uSt disband and leave the government ot the city to yourself and the autliorities known to the law." Accordingly, the mayor of this city immediately issued liis proclamation, declaring that he would rigidly enforce the law against these regulators, unless tbey desisted from their course of conduct. The consequence was, the decided action of the mayor soon checked the wild career of these desperadoes. The Governor mustered into the United States service, three companies of militia, two of which he stationed at Lecompton and one at Lawrence, for protective purposes. They remained in service until the iirst of December, when it appearing there was no more need of them, as order and quiet were restored, they were discharged. Individuals from different parts of the Territory had, previous to the organization of these companies, solicited the privilege from the Governor, to organize military companies for home de- fence, but were invariably refused. " By proclamation of the Governor, an election for mem- bers of the House of liepresentatives of the Territory and a delegate to Congress was held on the Gth of October. The free state people declined to take any part in tlie election, and in consequence but a small vote v\'as polled. Whittield, who was chosen delegate to Congress, came into tiie Terri- tory from Westport, at the liead of a party of such notori- 424 HISTORY OF KANSAS TERRITORY. ously bad repute, that he declared himself ashamed to be seen in their compau3\ They came up to Lecompton, voted for Whitfield, and returned to Missouri." The Governor next made a tour of observation, passing- through Lawrence, Paola, Osawattomie, head waters of the Neosho and Fort Eilej. Finding all peace and order throughout his travels, he, on the 6th of JSTovember, issued his proclamation, appointing the 20th day of ISTovember for " thanksgiving and praise to Almighty God, for the bless- ings vouchsafed to us as a people," This was the first thanksgiving day that had been appointed in the Territory, except that by J. H. Lane, as chairman of the Executive Committee. Marauders continued to infest the south-eastern portion of the Territory. To ferret them out and bring them to justice, Edward Hoagland, United States Commissioner, and John A. W. Jones, United States Deputy Marshal, with a squadron of troops, were dispatched to that section. They discovered considerable stolen property, and restored it to the owners ; arrested five of the guilty parties, when the commander of the troops was ordered with his men into winter quarters at Fort Leavenworth, The Commissioners not being able to eflect anything without the military, re- turned. Though little was accomplished, still the moral effect of the expedition was beneficial. The Vermont Legislature, on learing that great sufiering was being experienced by the settlers of Kansas on account of not being able to cultivate their crops the summer previ- ous, generously voted §20,000 towards their relief. The Governor of that State so notified Governor Geary, Avho re- plied that he was not aware of such a state of things, but that the people generally had a sufiiciency, that wages were good so that the industrious would not want, and with thanks for their kind ofier, assured him that if cases of suf- fering came to his notice he would feel at liberty to nuike 1856-7.] PEACE. 425 the application suggested. The Governor evidently was in a diftereut mood when he wrote to Secretary Marcy upon another subject, " The country is overrun with hundreds who are unable to obtain employment, who live upon char- ity, and who are exposed to all the evils of privation, des- titution and want." In JSTovember Mr. Thadyus Hyatt, of JSTew York, took a company of ninety young men, tools, farming implements, &c., down on the south branch of the Potto wattomie, and there founded the town of Ilyattville. Hr. Hyatt was Pres- ident of the Kansas Aid Committee, and projected this plan to secure employment for these youths, who otherwise were likely to be a charge to the neighborhood in which they lived. Governor Geary's administration thus far had not met with endorsement by either party. He evidently designed to do right and administer the laws impartiall}^ ; but he went to Kansas with the notion that the Border Ruffians were to blame some and free state men much more. To the latter, therefore, ho was at first haughty and reserved, as though fearful that he might be contaminated by their as- sociation or entangled by their advice. The pro-slavery men from the first were prejudiced against him, and he sought not to gain their favor. He would favor neither the free state cause nor the '' single issue," and would be noth- ing else but Governor. He came to the Territory, not to be one of the people, to uphold any local party or interest, but as an administration man, hoping to secure favor with the Democratic party by settling the difficulties in Kansas upon the principles of justice and equity. He sought not to please the inhabitants of the Territory, but to govern them, and for accomplishing this object he expected to be backed by the whole force of the General Government. He, there- fore, sought to profoundly impress the people with the fact that he was Governor of Kansas Territory, and was fully capable and able to enforce the laws and restore order. 426 HISTORY OF KANSAS TERRITORY. Peace and tranquillity were the leading objects of his ad- ministration, and he sought in his own way to attain them and coveted the glory. But to administer justice in Kansas was to favor free state men and oppose pro-slavery men ; because one only asked their rights, the other Avere the aggressors. From the first, therefore, though not desired on his part. Gov- ernor Geary grew more and more in favor with tlic free state men, and in dispute with the Border Eufiians. As a Democrat, his sympathies and feelings were with the latter, and for the sake of the Democratic party he would screen, though not justify, them in his reports. Many of both parties feeling that the Governor Avas sin- cerely laboring to restore order, an efi:brt was made to unite all such on a peace platform reposing upon confidence in the Governor, but as this movement declared some of the enactments of the Shawnee Legislature obnoxious, and at the same time that it was obligatory upon all persons to temporarily submit to them, thus involving a recognition of their validity, the eflbrt was a failure. The free state Legislature assembled on the 6th of Jan- uary, 1857, but a quorum not being present, no organization was effected. They held an informal meeting and adopted a memorial to Congress. It was thinly attended from various reasons. An unusual desire for peace pervaded the people ; they were heartily sick of war, contention and strife. Governor Geary had done much to allay the excite- ment in the Territory, was evidently laboring to do all he could in that direction, and made many good promises. Many thought that the meeting of this Legislature would be but the renewal of strife, with little prospect of accom- plishing much good. Governor Robinson, relying much on the numerous pledges of Governor Geary, and believing that the Topeka Constitution would be again submitted to the people, and fearing that as Governor of the State, on account of his 1856-7.] - PEACE. 427 well kuown radicalism, raiglit embarass and endanger the success of the movement, determined to resign. He accord- ingly, on receiving assurances from Lieutenant-Governor Roberts that he would attend the session of the Legislature, handed over to this gentleman his note of resignation, to be delivered to that bod3\ lie repaired to Washington to labor for the furtherance of the free state cause, in hope that as a private citizen, divested of all show of selfishness, he would be more instrumental. But when the Legislature assembled, neither Governor or Lieutenant-Governor was present, and no word of explana- tion from either to account for their absence. The mem- bers that assembled, and free state men generally, felt con- siderably provoked at this action on the part of these two oflBcers, and especially the Governor, and rumors were afloat that he had abandoned the movement, and sold him- self to the administration party. But a letter from Gover- nor Robinson, which he wrote from Washington as soon as he saw the proceedings of the Legislature, fully explained the whole matter to the satisfaction of all who were dis- posed to be satisfied. Governor Geary, trusting to the assurances of the leading free state men, did not apprehend any difficulty from the assembling of the Legislature. He, however, had his con- fidential agent on hand to report its proceedings, and had prepared himself for any emergency. Sherifl" Jones, not willing to trust the control of so important a matter to a doubtful Governor, w^as accordingly on hand himself. Going before Judge Cato, he obtained, on his oath, a writ for the arrest of the Topeka legislators, with the view of getting up another " war." He expected that the mem- bers would resist his arrests, and hence w^ould occasion the use of force, which would result in bloody strife. But in this attempt at mischief-making he was doomed to disap- pointment. The writs were placed in the hands of Deputy Marshal 428 HISTORY OF KANSAS TERRITORY. Pardee, Jones accompauying him, to prevent any mistake in carrying out liis programme. But, contrary to the ex- pectation of this official, the members of the Legislature quietly yielded themselves up as prisoners, and were con- veyed to Tecumseh. Here, on the following day, they ob- tained a hearing before Judge Cato, and were severally discharged, on iive hundred dollars of their own recogniz- ance, for their appearance at the first term of court. Like that of all other State prisoners, their trial never came off, the district attorney always entering his nolle prosequi to every motion to proceed with it. 1857.] TERRITORIAL LEGISLATURE. 429 CHAPTER XL. TERRITORIAL LEGISLATURE. The Territorial Legislature assembled at Lecompton on the 12th of January. The Senate organized under the fol- lowing officers: Thomas Jolinson, President ;" Kiehard R. ]{ees, President fro tern., Thos. C Hughes, Chief Clerk ; C. IL Grover, Assistant Clerk, and D. Scott Boyle, Engrossing Clerk. The House organized by electing Wm. G. Mathias Speaker, A\''. H. Tebbs, Speaker pro tern., and Robert C. Bishop, Chief Clerk. A joint coniniittee was appomted to wait on the Governor and receive any communication he had to give. His message was accordingly sent to both houses, read, referred to committees, and six thousand five hundred copies ordered to be printed. This document was not very palatable to rabid pro-slavery men, as it classed the action of the Territorial militia with that of Lane's men and those at Hickory Point. It urged them to abolish certain obnoxious laws, to be quiet on slavery, to correct the mis-print of the Organic Act in the copy of the statutes, and declared the Governor determined to act impartially. At the first ot the session, a secret caucus was held by the members of the Legislature, in which it was agreed to pass all the bills that the Governor might reject over his veto by a two-thirds vote. Pui-suant to this resolution they passed several very objectionable acts. They authorized tlie District Court, or any Judge in vacation, to admit to bail any prisoner on charge, or under indictment for any 52 430 HISTORY OF KANSAS TERRITORY. " crime or olfense whatever, whether such crime or oiFense shall have been heretofore bailable or not." This was de- signed to endorse Judge Lecompte and condemn Governor Geary in the murder case of Hays. The Governor sent in his objections to it, whereupon both Houses, without con- sidering them, passed the bill with but one dissenting vote. The day after this bill became a huv, " Geo. "W. Clark, the murderer of Barber, Dr. J. H. Stringfellow, Captain Wil- liam Martin and other pro-slavery men, against whom un- served warrants had been in the hands of the marshal for months, appeared voluntarily l)efore Judge Cato, offered bail and were discharged." Another act vetoed by the Gov- ernor provided for the taking of the census, preparatory to an election of delegates to a convention to frame a consti- tution, which will be examined more fully when the occa- sion for which it was framed shall be described. From the commencement of the session, the members of the Legislature were disposed to provoke a quarrel with the Governor. As we have seen, they resurrected the dif- ficulty between him and Judge Lecompte ; they next pro- ceeded to involve him in trouble with the most excitable and irritable character in the Territory. The county com- missioners had appointed Wm. T. Sherrard Sheriff of Doug- las County, in the place of Samuel J. Jones, who had re- signed. He was a A^irginian, of respectable parents, but a drunkeu, quarrelsome scamp, who had openl}^ declared, that if he could get to be sheriii', he would involve the Territory in war before a week expired. Soon after Sherrard ob- tained his ajDpointment, he called upon the Govcrnorj and somewhat insolently demanded his commission. The blanks being in the possession of the Secretary of the Territory, who was absent at the time, and as his signature and seal were necessary to legalize the document, the Governor bo stated to Mr. Sherrard, and requested him to wait a few days, until the Secretary's return. " Soon after, Sherrard called again at the Executive office, and on this occasion 1857.] TERRITORIAL LE(iISLATURE. 481 his conduct was so exceedinu'ly offonsive and insulting, an to elicit from the (^ovei'iu)!' the iin^uirv wliy he (Sherrard) should be so inimical to him. Such were his defiances and threats, tiiat even had the Secretary been present, the com- mission would not have been issued. Xext day Sherrard wrote a note to the Governor, mlbrming liim tiiat if the commission was not received within a certain time, a mandamus would be obtained to compel him to render it." In the meantime, the members of the county board, who had made the appointment, had severally visited the Gov- ernor, requesting him to withhold the commission until they could hold a regular meeting for the purpose of revok- ing the appointment, whicli liad hastily been made at the instance of Sheriff Jones, and without a proper knowledge of the character of the applicant, who, they were now co n- vinced, was utterly unfit for the ofUce, in consequence of th e violence of his disposition, his being almost daily engaged in street and tavern broils, and his threats to disturb the general peace as soon as the commission was obtained. iS^umerous petitions to the same efiect were also obtained from respectable citizens of the county. The House of Representatives passed a resolution on the 19th of January, requesting the Governor to furnish their body a statement of his reasons for not commissioning Wm. T. Sherrard as Sheriff of Douglas County. The Governor replied, giving as his reasons the petitions he had received, the general character and daily conduct of the applicant, which tliey themselves knevr to be that of a seditious, drunken and unscrupulous loafer. The reply of the Governor greatly enraged the Legisla- tors. The very reasons assigned for not commissioning Sherrard were to them strong arguments that he ought to be commissioned. They had lauded and eulogized Sheriff Jones, and now desired a man to fill his place, which no honorable and worthy man could do. They wanted one to 8tir up trouble, pursue free state men, insult ladies and at- 432 HISTORY OF KANSAS TERRITORY. tack defenseless villages, and consequently, Sherrard pos- sessed strong recommendations in tlieir estimation. Some of the Legislators fumed and vaporized, declaring that Geary was a d — d despot, assuming arbitrary power from which an autocrat of Europe would have shrunk dismayed ; another thought he ought to be censured ; while a third de- clared he was a " usurper, a monster, and a tyrant," more atrocious and cruel in his conduct than iSTero or Caligula, in not commissioning Sherrard. And thus the speakers from little to greater vied with each other in their denun- ciation and abuse of the Governor. When they had freely vented themselves in words they unanimously passed a res- olution legalizing the acts of Sherrard and commissioning him SIieriiF of Douglas County. But the Council failed to concur in this resolution, and consequently their labor was in vain. It was not out of any respect to the Governor that the Council thus decided, for they declared that " the}' can not sustain the reasons of the Governor for his action in the premises," that he had no right to pass judgment upon the qualifications of an appointee, and that " he had no dis - eretion left to him " than to commission Sherrard. Sherrard thus sustained by the Legislature became ex- tremely insolent and venomous towards the Governor, his appointees, and free state men. At one time he assailed .)ohn A. W. Jones, a member of the Governor's household, a man of weak and slight physical frame and wholly un- armed, by striking him without a shadow of provocation. Again, he, after failing to provoke a quarrel with the Gov- ernor's private Secretary, struck him on the cheek, and seizing the handle of his pistol dared him to resent the insult. Sherrard next assaulted the Governor himself. On the 9th of February, as the latter was retiring from the chamber in which the members of the House held their session, he was confronted by Sherrard, who accosted him, " You have treated me, sir, like a d d scoundrel." The Governor, 1857.] TERRITORIAL LEGISLATURE. 483 aifecting not to notice him, passed on, and the person of Mr. McAllster interposed between him and his assailant. Sherrard followed, spitting after the Governor, at the same time uttering oaths and threats of defiance, his right hand firmly grasping one of the pistols in his belt. Failing to provoke the Governor to a difiiculty in which he might have some pretense and nerve for shooting him, Sherrard liiially abandoned the undertaking, and retired to boast of the insults he had heaped upon Mr. Geary's head. A resolution, in the afternoon of the same day, was in- troduced in the House, highly condemning the conduct of Sherrard, instructing the Sergeant-at-Arms to bring him before the bar of the House to answer for the ofibnse, and excluding him from the privileges of that body. This created a perfect /?rro?'<3 among the members. Jos- eph C. Anderson, from Missouri, declared " the Governor liad no business in the halls of the Legislature, and that ho should confine himself to his Executive office." Mr. John- son said he knew the assault was to be made, bat did not think it proper to interfere, it being none of his business. Such was the apparent opposition to the resolution, that the mover withdrew it. A milk-and-water resolution was finally passed, for mere eflect, "to express the disapproval and maintain the dignity of the House," by a vote of 17 ayes to 11 nays. The Council took similar action. Judge Cato, having come by request to the Governor's ofiice for consultation in regard to Sherrard's conduct, ap- peared inditterent al)Out the matter, and thought '' such out- rages beyond the pale of the law, there being no statute by which they could be punished." A warrant, however, was obtained for the arrest of Sherrard, and after remaining un- observed for two days a messenger was dispatched to J udge Cato, urging him to have it executed at once. This ofiicial was found in company with Sherrard and Jones, and when his attention was called to the matter, remarked that the Marshal was absent, and that it could not then be served. 434 HISTORY OF KANSAS TERRITORY. The Governor, observing the indisposition to liave the war- rant executed, obtained and destroyed it. The free state men, and the better class of pro-slavery men, were highly indignant at the conduct of Sherrard and those who upheld him. Meetings were heh;l in various parts of the Territory, denouncing these indignities toward the Governor, and extending sympathy and assurances of co-operation in his laudable ettbrts to restore peace ami tranquillity. A meeting of this character was held at Lecompton on the 18th of February. Many threats had been made that it should never be held, and eiforts were employed to pre- vail on the Governor to prevent its assembling. But the Governor replied that he knew not what would be the sen- timents of the meeting, whether they would endorse or censure his actions, and that it would be highly reprehen- sible to prevent the people trom peaceably assembling and passing judgment upon the action of their officers. Xearly four hundred persons were in attendance, and the malcontents were there in the majority. A pro-slavery Chairman was elected and a pro-slavery Speaker took the stand, who in drunken gesticulations, denounced Governor Geary. The Committee soon presented a majority report of resolutions, in accordance with the pro-slavery senti- ments of the meeting, but a minority of the Committee re- ported resolutions highly complimentary to the Governor, full}^ endorsing his conduct and extending to him their aid and sympathy, " in view of the recent personal assault upon our worthy Executive, for an act done in his official ca- pacity, and fully justilied by all the circumstances.'' As quick as the reading of the latter series of resolutions was finished, Sherrard sprang upon a pile of boards and de- clared in a loud voice : " Any man who will dare to endorse these resolutions is a liar, a scoundrel and a coward." Mr. Shepherd, who stood in the midst of the crowd, remarked : " I endorse them, and am neither a liar, a scoundrel, nor a 1857.] TERRITORIAL LEGISLATURE. 435 coward ! " "Whereupon Sherrard immediately drew his re- volver, and fired all the loads as rapidly as he could pull the trigger, aiming at Shepherd, though endangering the lives of others. Three balls took effect on Shepherd, and a fourth slightly wounded another person. As soon as Sher- rard commenced firing Shepherd j)ulled off his gloves and attempted to return the shots ; but his caps being wet they burst without discharging the loads; and seeing that Sher- rard was about drawing his other pistol, he dubbed his re- volver, rushed toward Sherrard and struck at him with the butt, Sherrard not having an opportunity to fire, returning his blows in a similar manner. They were separated, and Shepherd was removed, severely, and it was supposed, mor- tally wounded." "ITo sooner was Shepherd taken off' than Sherrard seized his other pistol and advanced, with his finger on the trigger, towards .John A. W. Jones, the young man whom he had assaulted a few days before, when Jones, perceiving his danger, also drew his revolver. Several shots were simul- taneously fired, and Sherrard fell mortally wounded." Though it was diflicult to tell who fired the fatal shot. " a hue and cry was raised to hang young Jones ; but his friends were too numerous, and an attempt to have done so would have been attended with rather serious consequences." " The fall of Sherrard put an end to the riot. The rioters had lost their leader, and there was no one left among them sufiiciently bold and desperate to take his place; and to this fact they attributed the defeat of a well contrived scheme to again involve the community in destructive strife. This matter had long been in agitation, and Sherrard was the chosen instrument to accomplish the mischievous pur- pose. His fall put an end to the plot, and saved many a valuable life. He died early on the following Saturday morning, and his remains were removed to Winchester, Virginia." Jones, who killed Sherrard,was constantly threat- ened with being lynched, and a reward of five hundred dollars 436 HISTORY OF KANSAS TERRITORY. was offered for bis assusshiation. lie appeared for exami- nation before Judge Cato, wlio pronounced judgment against him before the tirst witness had finished his testi- mony, gave bail in the sum of five thousand dollars, and escaped from the Territory through ISTebraska and lo^vii. On the same day the Legislature convened, a convention, first called to be held at Lea,venworth but afterwards changed to Lecompton, assembled at the latter place, which is distinguished for having changed the name of the pro- slavery party from the " Law and Order" to the " JN'ational Democratic Party of Kansas Territory.' ' At the former session of the Legislature it was declared that such a step was fraught with more danger than any that had yet been agitated, and that they should " know but one issue — Sla- very." When a primary convention at Tecumseh, which favored mutual conciliation, appointed delegates to this con- vention, and stated the object to be " to consult upon and propose a policy upon which the citizens of Kansas, without distinction of party, may unite for the preservation of peace and general conciliation," the " Squatter Sovereign, " in commenting upon this subject, said: "AVe advise our Shaw- nee friends to hold 'another meeting' and appoint delegates to the pro-slavery convention, or their credentials may be rejected." When the convention assembled, the first question that engaged its attention was by what name should it be called, as there was none given in the notice convening it. The cognomen "Law and Order" was first proposed, but was overruled b}'" Dr. Stringfellow, who proposed that it be called the " Pro-slavery Convocation," and " offered a reso- lution which was almost unanimously carried, denying a seat in the meeting to any man who was not known to be absolutely in favor of making Kansas a slave State." Mr, L. J. Hampton came near being excluded from the conven- tion by this resolution^ from the fact that he had treated the free state prisoners with some humanity. I 1857.] TERRITORIAL LEGISLATURE. 437 But imagine the surprise of the uninitiated when thev heard Dr. Stringfellow, on the following day, make a mo- tion that they call themselves the " ISTational Democratic party, of Kansas Territory." He had not long since said that he would not labor for any measure unless it would embrace the interest of the pro-slavery party. But the matter was explained. The whole thing had doubtless been arranged at Washington before hand, and the plan had just been communicated. In no other way can the sudden change of this partisan be accounted for. They had certain objects to attain — certain requests to make of the adminis- tration, and while it might refuse them as the pro-slavery party, it dare not as the Democratic party. They had an " ax to grind," so they changed their name. The Cincirmati Platform was adopted and a committee appointed to prepare an address to tlie people of the United States. The death of William P. Richardson occurred during the session of the Legislature. Respectful resolutions were passed, his seat draped in mourning, and the members agreed to wear a badge thirty days. He was Major- Gen- eral of the northern division of Kansas militia, and took a jirominent part in the affairs of the Territory. He intro- duced the resolution strongly censuring Sherrard for his conduct towards the Governor. The Legislature refused to repeal or alter the slave laws, and became higldy indignant at the Governor for suggest- ing such a thing. A great many paper towns, and many of the free state towns, as Lawrence and Topeka were char- tered. Numerous roads were authorized to be laid out, and railroad companies incorporated. The report of the Treasurer will show that Sl,811. 88 were received, and $1,809.50 expended during the year. The only source of revenue was poll tax. By the Auditor's re- port it will be seen that the indebtedness of the Territory amounted to $4,039.92. The Lecompton Legislature clearlv revealed to Governor 5.3 438 HISTORY OP KANSAS TERRITORY. Geary the relation in which he stood to the pro-slavery party; that they were not merely political opponents, but his enemies, not because he would not do right, but because he would not be their tool. He saw that they cared nothing for the Administration, Democratic party, himself, justice or right, beyond using all these for the "single issue," and Avhenever either stood in the way of its interest, they would seek to sacrifice it. He discovered that they were enemies, hostile and deadly. Governor Geary had never sought to conciliate them. He had always aimed to act independent of them, for he was not so particular about their favor as that of the Ad- ministration and the N^orthern Democracy, and hence, when he found that they were his irreconcilable enemies, he still trusted to the strong, far-extending arm of the General Government and the moral support of Democracy for success. Though Mr. Geary clung to the throne, still "there was a power behind the throne more powerful than the throne itself." This was slavery. Whatever may have been the real desires of Mr. Pierce's or Mr. Buchanan's heart, and no matter what policy either would prefer, to the demands of slavery they were always bound to submit. This fact Gov- ernor Geary next learned. Immediately after the insult offered to him and others by Sherrard, in consequence of the danger which seemed to menace him, he wrote to Gen- eral Smith, at Fort Leavrnworth, for two additional com- panies of troops, to be sent to Lecompton to preserve the peace. In a few days this officer replied that there were no laws for the employment of the troops for the purpose above mentioned, and that "all the forces had just been desig- nated by the Secretary of War, and are under orders for other services more distant." This was the first intimation that he was to be stripped of all power to suppress disturb- ances and for his own protection. He was assured, on the position being tendered him, that all the force he might de- sire would be at his command. 1857.] TERRITORIAL LEGISLATURE. 439 Bat the matter is easily explained. Meantime Emory, Calhoun, Clark and other jjro-slavery demagogues had gone to AViishington, obtained the ear of the President through Jefferson Davis, and prepossessed his mind with false rep- resentations concerning Governor Geary, and had impor- tuned his removal. There were no good grounds to sustain such an act before the country, so it was determined to drive him to a resignation. The troops were denied him ; the payment of money, which Mr. Geary had taken out of his own private funds, was disallowed for the reason that all the appropriations of Congress for the Territory were exhausted ; while rumors reached Lecompton that he had been removed and his successor named. '' During all tiiis time his dispatches to the outgoing and the incoming admin- istrations, defining the true condition ot affairs, and asking information and instruction, were unanswered, and appar- ently unnoticed." To cap the climax, the Governor was, in the next place, called upon by Secretary Marcy to ex- plain certain discrepancies between his account of the Hay's case and that of Judge Lecompte's ; to which Mr. Geary, who was now pretty well enlightened, repHed : '" What I have written, I have written, and have nothing to add, alter or amend on the subject." Governor Geary, seeing that he was abandoned by the Administration, all military and pecuniary support with- drawn, his way hedged up by pro-slavery men, and his life in imminent peril, forwarded his resignation, on the 4th of March, to take effect on the 20th of that month. Before another day he was compelled to leave Lecompton, to escape an attack from the Ruffians. Under the generous cover of night he hastily left the capital, armed with two revolvers, and wended his lonely wa^ to the residence ot Captain Walker, a free state man, where he appeared pale with fright, and besought protection and conveyance out of the Territory. Ere the morning light fell upon the prairies, he was in Kansas City ; taking a boat at this place, 440 HISTORY OF KANSAS TERRITOKY. he issued his farewell address to the people of Kansas. Thus ended Governor Geary's career in the Territory, abandoned and forsaken by those whose reputation he had hoped to save. He never understood what the pro-slavery men of Kansas and the Administration at Washington wanted and ivould have, until compelled to leave the Territory, which, had he known upon the position being tendered him, doubtless he would never have*accepted it, or acted, in many instances, very ditfereutly in the performance of his execu- tive functions. Mr. Geary has since continued to rise to distinction, as Governor of Pennsylvania. Governor Geary's career and experience in Kansas are similar to Reeder's. Both came from the same State, hon- est and devoted Democrats, and based their policy upon the same principles of impartiality and justice; both leaned, at first, towards the pro-slavery men, and winked at some of their outrages, because they were the pets of the Adminis- tration. JSTeither understood the character of the Dem- ocracy in Kansas nor at Washington, and the political pre- dilections and prejudices of both were against free state men. But both were honest, and assiduously labored for the good of the Territory. Both were opposed and defied by the Legislature, their lives threatened; both were aban- doned ]jy tlie Administration that appointed them, simply because they wished to do right, instead of doing all they could for slavery. Keeder was removed, and Geary doubtless would have been, had he not resigned when he did. Both left the Territory in peril of their lives, under the friendly shade of night. On the 10th of April, Mr. Buchanan appointed Hon. Robert J. Walker, Governor, and Hon. Frederick P. Stan- ton, Secretary, of Kansas Territory. Daniel Woodson, former Secretary, was promoted to the ofiice of Receiver of the Delaware Land District. 1857.J QUESTION OF VOTING. 441 » CHAPTER XLL QUESTION OF VOTING FOR DELEGATES TO THE LECOMPTON CONSTI- TUTIONAL CONVENTION. Hon. Robert J. Walker was the son of Judge Walker, one of the Judges of the Supreme Court of the United States, and was born in Pennsylvania, not far from the home of Mr, Buchanan. He studied law under his father, and practiced his profession at Pittsburg, where he married the daughter of Franklin Bache, of Philadelphia, and grand- daughter of Benjamin Franklin. He made the first nom- ination of Mr. Jackson for the Presidency. He early emi- grated to Mississippi, where he took an active part in poli- tics; favored the independence of Texas and its annexation to the United States ; but opposed Mr. Calhoun's project of making it all slave territory, taking about the same stand that he did in reference to Kansas that the character of labor in the diiferent States of the Union was determined by climate and not by legislation. He conducted a famous canvass in Mississij^pi against Poindexter for the United States Senate, upon the issue of nullification. He bitterl}' denounced disunion in that early day as treason, set forth in the clearest light the relation of a State to the Federal Government, and proudly triumphed over his powerful com- petitor. This canvass has no parallel in the history of our country, considering the momentous issue at stake, the tal- ented champions who conducted it, and the universal atten- 442 HISTORY OF KANSAS TERRITORY. tion it attracted, unless it be the famous contest in Illiiiois between Hon. Stephen A. Douglas and Hon. Abraham Liu- cohi. Mr. Walker occupied a seat in Mr. Polk's Cabinet as Secretary of the Treasury, in which position he distin- guished himself for his financial ability, by drawing up and establishing a system of revenue, that reduced duties more than one-half, while it produced upwards of ^29,000,000 the first year. Governor Walker is undoubtedly the greatest and most distinguished man that was ever appointed to any position in Kansas by the General Government. He stood firmly and devotedly by the Union in the recent great national conflict; an intimate friend and adviser of President Lin- coln ; contributing able articles to the "Continental Re- view" upon the subject of currency and the w^ar ; planning and carrying out in a great measure the wonderful policy of finance adopted by the General Government. He re- luctantly and hesitatingly accepted the appointment of Kansas Territory at the repeated and earnest solicitations of President Buchanan and Stephen A. Douglas, but not until after a full understanding and perfect concurrence of opinion were liad between himself and the President with reference to the policy which he afterwards pursued. About the time of Mr. Walker's appointment, it waa thought by the Administration, and the real friends of the Democratic party, that civil war was on the eve of break- ing out in Kansas, which threatened to involve the whole Union. The Topeka Legislature had determined to put its government into practical operation, which would evidently bring on a collision between it and the Territorial authori- ties ; each party would be supported by the difierent States, and thus war was inevitably the consequence. The policy therefore determined upon by Mr. Buchanan and Mr. Walker, in order to avert this calamity, was to sustain the dignity of the Territorial Legislature by compelling obedi- ence to its enactments, and suspend action on the part of 1857.] QUESTION OF VOTING. 443 the State Legislature, by giving every assurance and guar- antee that the election of delegates to the Constitutional Convention should be fairly conducted, and the constitution framed by them should be submitted to a fair and full vote for ratification or rejection by the people. Mr. ^Talker was urged to accept the appointment, in view of the dangers menaced, and on the grounds that he was best qualified for the work in being a northern man by birth and a southern man by long residence. Hon. Frederick P. Stanton, who was appointed successor of Mr. Woodson as Secretary of the Territory, was born at Alexandria, D. C, on the 22nd of December, 1814, and consequently does not claim to be a native of Virginia, but always to have been under the flag of the Union, and to owe allegiance to it alone. He obtained his education chiefly in the very excellent and well-known school of Benjamin Ilallowell, of Alexan- dria, in which he became an assistant tutor at the age of eighteen. He graduated and obtained a diploma at the Columbia College, near Washington, D. C. His first em- ployment after graduation was teaching, first in a village school in Occoquan, Va., and afterwards as an assistant teacher in an academy at Portsmouth, of the same State. At the age of nineteen he was elected principal of an academy at Elizabeth City, N. C.,where, after spending two years, he was admitted to the bar of his native town, Alexandria, and immediately removed to the Western District of Tennes- see. Here he engaged in his profession at the age of twenty-one, and for one or two years also conducted the editorial department of the "Gazette," jjublished at Mem- phis. In 1845 he was elected to Congress from the Mem- phis District, which he represented for ten consecutive years. He was first chairman of the Committee on Xaval Afifairs, and then of the Committee on the Judiciary, took a prominent and decided part in the proceedings of the House, always supporting measures because he thought 444 HISTORY OF KANSAS TEERITORY. them right, rather than consult the interest of party, though a Democrat in politics. In 1855 he voluntarily retired from Congress and began the practice of his profession at Washington, where, after an absence of several years in this Territory, he returned and still resides. He was a warm friend of the Union during the great rebellion, employing all his powers in the interest of his country, furnishing many valuable articles for the "Con- tinental Review," to which he was a regular contributor for two years. ^ Mr. Stanton arrived at Lecomptou on the 15th of April, in advance of Governor Walker several days, and took charge of the Executive afiairs of the Territory, He came here strongly prejudiced against the free state men, a pro- slaver}'^ man himself, and with all his sympathies in that direction. He was somewhat bold and deiiant in his de- meanor towards them, declaring in a public speech at Law- rence that the Territorial laws should be obeyed, and the taxes, assessed under its authority, collected, and in case of resistance there would be "■ war to the knife, and knife to the hilt." In a few days after his arrival he issued his ad- dress defining the policy that had been agreed upon by the administration, and shortly published an apportionment of delegates to the Constitutional Convention. Governor "Walker arrived at Lecompton on the 27th of May, where he immediately issued his inaugural, to which we will again advert, after examining the provisions for calling: the Constitutional Convention. The Shawnee Legislature passed an act for submitting the question of "the expediency of calling a convention to form a State Constitution," to the determination of the peo- ple of the Territory, at the election in October, 1856. At this election 2,670 voted in favor of calling the Convention and only a few against it, while at the same time the total number of votes cast for Delegate were 4,276, and the num- ber of legal voters in the Territor}^, as shown by the im- 1857.] QUESTION OF VOTING. 446 perfect census returned were 9,251. But little interest was manifested in the matter, even among the pro-slavery men, whereas the free state men took no part whatever in the election. On the 19th of February, 1857, the Legislature at Le- compton passed an act for taking the census, the apportion- ment of delegates, and calling a convention to frame a con- stitution. The census was to be taken between the first day of March and the first day of April following, by the Sheriffs of the respective counties, who owed their appointment, through the County Commissioners, to the Legislature. The provisions for taking the census were not at all objec- tionable, but eminently just and eq,uitable, if properly car- ried out. After the returns were completed the Governor was au- thorized to make an apportionment of sixty delegates among the districts into which the thirty- four counties were divided, and announce it by proclamation. The election of these delegates was to take place on the third Monday in June, 1857, and no one* Avas to be allowed to vote whose name did not appear upon the uumeration list. The dele- gates thus elected should meet at Lecompton on the first Monday of September following, and enter upon their work. ITo provision was made for submitting the Constitution when framed to ratification or rejection by a vote of the people. The census was partially and incorrectly taken in fifteen counties, which were thus reported to have 9,251 legal voters. From Johnson county, which was then the Shaw- nee reserve, and excluded from settlement, and consequently no white person could have a legal residence upon it, 496 voters were returned. Doniphan county, was returned with about the same number as Douglas, though containing no more than one-half as many voters. But in nineteen of the counties no attempt was made to take the census, and no returns were received. 54 446 HISTORY OF KANSAS TERRITORY. In some instances, doubtless, the free state men refused to give in their names; but it is not known that any vio- lence or threats were offered to the census takers. But the officers did not conform to the law where they pretended to take the census. They were required to make out a full and complete list of all legal voters, place them on file in the office ot the Probate J udge, who was required to keep the record open for inspection for several weeks, and allow people to make any corrections or amends. Similar lists were to be posted wp and distributed among the voters. In many instances these provisions were wholly disregarded. The plain intent of the law was, that no apportionment of delegates to the convention should be made, until the census should be completed, and the returns of such com- plete census made. But Secretary Stanton, ignorant of the Territory and its population, giving too much credit to the reports of pro-slavery men, with whom he was really in sympathy, after waiting some length of time, and no more returns coming in, made the apportionment of sixty dele- gates among the fifteen counties from which returns had been received ; thus virtually disfranchising the other nine- counties, in which the enumeration had not been taken, though not the fault of the inhabitants. In this way the border counties were entitled to most of the delegates, and about one-half the inhabited territory entirely disfranchised. Mr. Stanton was under no obliga- tion to base the apportionment upon these returns, until they were completed ; indeed, he had no right to, according to the act from which he derived his authority to make the apportionment at all. Mr. Stanton acted sincerely according to the light he then had. He soon perceived his error, and was frank enough to admit it. In a speech at New York shortly afterwards, he said : " If I had then known what I have since ascertained, and what I now believe and know to be I 1857.] QUESTION OF VOTING. 447 true, I should have hesitated before I would have made an apportionment which should have brought about the state of things which now exist. I should have suffered the whole law to fail. But, under the circumstances, supposing as I did then, that the people who had refused to go into this election, or to go into the process of registration, were in a measure factious, and not justified in what they were doing, and not knowing the character of the popuUition in the other counties, or whether they had any population at all, or any considerable population, and being under the neces- sity of acting by a particular time — for the returns were to be made in my ofiice on the 1st of May, and the election to take place on the 15th of June — I say, under the pressure of these circumstances, I could do nothing but what I did." But there can be no question that Messrs. "Walker and Stanton came here with the design and express understand- ing, of giving a fair and full opportunity to the people of the Territory to decide their difiiculties at the ballot-box, by voting for delegates to the Constitutional Convention, and then by voting upon the adoption ot the Constitution itself. Upon this understanding with Mr. Buchanan, they accepted the positions tendered them, and with the design of faithfully carrying it out, they came to the Territory and entered upon and conducted their work. Governor Walker first sought to impress the people with the object of his mission, and the policy he intended to fol- low. In his inaugural, delivered at Lecompton on the 27l;h of May, he says : , " The mode of adjustment is provided in the act organ- izing your Territory — namely, by the people of Kansas, who, by a majority of their own votes, must decide this question for themselves in forming their State Constitution. " Under ovir practice the preliminary act of framing a State Constitution is uniformly performed through the in- strumentality of a convention of delegates chosen by the people themselves. That convention is now about to be elected by you under the call of the Territorial Legislature, 448 HISTORY OF KANSAS TERRITORY. created and still recognized by the antliority of Congress, and clothed by it, in the comprehensive language of the Organic Law, with full power to make such an enactment. The Territorial Legislature then, in assembling this conven- tion, were fully sustained by the act of Congress, and tlie authority of the convention is distinctly recognized in my instructions from the President of the United States. Those who oppose this course can not aver the irregularity of the Territorial Legislature, whose laws, in town and city elec- tions, incorporate franchises and on all subjects but slavery, they acknowledge by votes and acquiescence. If that Leg- islature was invalid, then are we without law or order in Kansas, without town, city or county organization, all legal and judicial transactions are void, all titles null, and an- archy reigns throughout our border. "It is my duty, in seeing that all constitutional laws are fairly executed, to take care, as far as practicable, that this election of delegates to the convention shall be free from fraud or violence, and that they shall be protected in their deliberations. " The people of Kansas, then, are invited, by the highest authority known to the Constitution, to participate freely and fairly in the election of delegates to frame a constitu- tion and State government. The law has performed its entire appropriate function, when it extends to people the right of suliTage, but it cannot compel the performance of that duty. Throughout our whole Union, however, and wherever free government prevails, those who abstain from the right of sutfrage, authorize those who do vote to act for them in 'that contingency, and the absentees are as much bciiind under the law and constitution, where there is no fraud or violence, by the act of the majority of *those who do vote, as though all had participated in the election. Otherwise, as voting must be voluntary, self-government would be impracticable, and monarchj or despotism would remain as the only alternative. " You should not console yourselves, my fellow-citizens, With the reflection that you ma}', by a subsequent vote, de- feat the ratitication of the constitution. Although most anxious to secure to you the exercise of that great consti- tutional right, and believing that the convention is the ser- vant, and not the master of the people, yet I have no power to dictate the proceedings of that body. I cannot 1857.] QUESTION OF VOTING. 449 doubt, however, the course they will adopt on this subject. But why incur the hazard of the preliminary formation of a constitution by a minority, as alleged by you, when a majority, by their votes, could control the forming of that instrument ? " But it is said that the convention is not legally called, and that the election will not be freely and fairly conducted. The Territorial Legislature is the power ordained for this purpose, by the Congress of the United States ; and, in op- posing it, you resist the authority of the Federal Govern- ment. That Legislature was called into being by the Con- gress of 1854, and is recognized in the very latest Congres- sional legislation. It is recognized by the present Chief Magistrate of the Union, just chosen by the American peo- ple, and many of its acts are now in operation here by uni- versal consent. As the Governor of the Territory of Kansas, I must support the laws and the Constitution ; and I have no other alternative, under my oath, but to see that all con- stitutional laws are fully and fairly executed. " I see in this act, calling the convention, no improper or unconstitutional restrictions upon the rights of suffrage. I see in it no test oaths, or other similar provisions objected to in relation to previous laws, but clearly repealed as re- pugnant to the provisions of this act, so far as regards the election of delegates to this convention. It is said that a fair and full vote will not be taken. "Who can safely pre- dict such a result ? Nor is it just for a majority, as they allege, to throw the power into the hands of the minority, from a mere apprehension — I trust entirely unfounded — that they will not be permitted to exercise the right of suf- frage. If, by fraud or violence, a majority should not be permitted to vote, there is a remedy, it is hoped, in the wis- dom and justice of the convention itself, acting under obli- gations of an oath and the proper responsibility to the tri- bunal of public opinion. There is a remedy, also, if such facts can be demonstrated, in the refusal of Congress to admit a State into the Union under a constitution imposed by a minority upon the majority by fraud or violence. In- deed, I can not doubt that the convention, after having framed a State constitution, will submit it for ratification or rejection, by a majority of the then actual bonajide resident settlers of Kansas. '^With these views well known to the President and Cabinet, % 450 .HISTORY OF KANSAS TERRITORY. and aj^proved by them, I accepted the appointment as Governor of Kansas. My instructions from the President, through the Secretary of State, under the date ofoOth of March last, sustain ' the regular Legislature of the Territoi^y ' in ' assembliyig a con- vention to form a constitution,' and they express the opinioyi of the President that ' v)he7i such a constitution shall he submitted to the people of the Territory, they must be protected in the exer- cise of their right of voting for or against that instrument ; and the fair expression of the popular will must not he interrujited by fraud, or violence.'' ^' I repeat, then, as my clear conviction, that unless the conven- tion submit the constitution to the vote of all the actucd residerU settlers of Kansas, and the election be fairly and justly contested, fhe constitution will be, and, ought to he rejected by Congress." He took the position that there was an agency more pow- erful than human legislation which would determine the local institutions of the Territory. It was the same which Daniel Webster assumed in regard to the Territory of New Mexico. The isothermal line defined the limits of slavery and that to attempt to extend it beyond that line would be like an eflbrt to change the laws of God. He nrged them to cease from trying to eifect a thing which had already been settled by the unalterable prohibition of ISTature. This argument broke the strength of the pro-slavery party. Many of them already desirous of peace began to abandon the struggle. Governor Walker was highly censured by the more rabid pro-slavery men, and by their press all over the Union, for what was generally called his " isothermal argument."' The Governor labored faithfully and earnestl}^ to prevail upon the free state men to take part in the election by as- suring them that they should be protected from fraud and violence, and setting forth the practical and happy results in thus terminating existing diifieulties in the Territory. Though the propositions of Governor Walker seemed fair and candid, still there were many reasons which made the free state men loth, and finally to refuse to contest the election. 1857.] QUESTION OP VOTING. 451 It was not from any fear that they were numerically weaker than the opposite party that caused them to decline the contest, for it was generally conceded hy pro-slavery men that their opponents surpassed them in numbers. Even the famous " Squatter Sovereign " paper gave up the struggle and closed its existence. There was no more threatening, no more raids, no more '' wiping out of Law- rence," no more war appeals, or din and clang along the Border. The only hope of pro-slavery men lay in the elec- tion of a pro-slavery convention to form a constitution through the advantages which their own legislation had given them. In the first place, free state men w^ere strongly attached to the Topeka State organization, for it was a work of their own ; whereas the calling of a Constitutional Convention was made by a body whose authority originated in fraud and oppression, an authority they had always repudiated. It seemed to them humiliating and degrading, after having so long protested against the validity of the Territorial Legislature, to turn around and so far recognize it as to vote under its appointment, and thus really supersede an illegally constituted body and derive their authority from it. Such was not a material objection, but it had its influence among the masses. But the chief objection was the apprehension that there would be little fairness and justice in the elective contest. Although Governor AValker made every assurance that these fears would not be realized, yet he was a stranger to them, a Southern man in views and interest. Had Gover- nor Walker been among the people long enough to have secured their confidence, as Reeder and Geary, who like- wise at first were regarded with suspicion, and justly, the case would have been very difterent. Already, by the reg- istration and apportionment, a monstrous fraud had been perpetrated, and how could they efpect better treatment in the future. 452 HISTORY OF KANSAS TERRITORY. With the unfair apportioninent, it was doubtful whether they could elect a majority of the delegates, and as the act providing for the convention did not prescribe that the con- stitution, when framed, should be submitted to the people for ratification or rejection, there was .no guarantee that the convention would likely do it. In case they did, the free state men could then go in and defeat it, so there could be nothing lost by not taking part in the convention. Though Governor Walker assured them that it should be so submitted, and in case it was not, Congress would and ought to reject it, still pro-slavery presses declared differ- ently, and censured Governor Walker for raising the ques- tion of its submission. Says a Richmond paper : "Upon the new plan which Governor Walker submits for the settlement of the Kansas difficulty, we cannot ven- ture an opinion before we scrutinize it in detail. There is one point, however, upon which we can give an instant and emphatic decision ; and that is, the proposition to sub- mit the constitution of Kansas to a popular vote. In respect of general policy, such a step would inevitably in- volve very disastrous consequences. In the first place, it would intlame and prolong the controversy, and would ultimately throw Kansas into the arms of the abolitionists. But any discussion of the measure in regard to expediency is unnecessary and irrelevant, since a convention, which is to frame a State constitution for Kansas, is endowed with no authority to submit this their work to the popular vote. The act by which the convention assembles, ascertains and limits its powers, and in that act there is not one word about submitting the constitution to the people. The con- vention can do nothing for which there is not an express authority in the law ; and as there is neither an express nor implied authority in the law to submit the constitution of Kansas to a vote of the inhabitants of the Territory, the step would be an illegal, an invalid usurpation pf power. The proposition is too plain to allow of controversy. Sub- mit it to any lawyer in the land, from Chief Justice Taney or Reverdy Johnson, to the poorest pettifogger in the most obscure country villagdf and the answer will be, that the convention in Kansas has no right to submit the coustitu- 1857.] QUESTION OF VOTING. 453 tion to a popular vote. The journals of the iSTorth concede the point, and declaim against the law calling the conven- tion, on the ground that it makes no provision for a popular vote on the constitution. "Why then does Governor Walker raise the question? It is especially surprising that he should assume an undeniably untenable position/' Governor "Walker's policy for the adjustment of Kansas difficulties instead of being endorsed was received with dis- trust by both parties — one fearing it would not, the other that it would, secure a fair expression of the public will upon the constitution about to be formed. The South was enraged at his isothermal argument. From these considerations the free state men resolved at a delegate convention held at Topeka on the 9th of June, not to participate in the election of members for the Con- stitutional Convention. They reaffirmed their adherence to the Topeka State organization, and recommended its main- tenance. They '' disown as invalid and of no force or etlect the authority of the Territorial Government," and declared that '' their admission into the Union under the Constitu- tion which they have already formed, is the only method of adjusting existing difficulties, to which the}" will assent." They not only resolved "to disregard and permit to pass without any participation therein," the coming election, but that anv one who "• consents to become a dele2:ate to the Lecompton Convention, or a candidate to the same, is un- worthy the confidence and fellowship of the free state men, and should be regarded with suspicion every-where." It provided'for a convention to be held at Topeka, July 15, for the purpose of nominating State officers, and consulting upon subjects of public interests. Upon^the same day the State Legislature convened, and proceeded with its business without any interruption, though Governor "Walker was in town. It passed an act authorizing and providing for the taking of the census, and 55 454 HISTORY OF KANSAS TERRITORY. one dividing* a portion of the Territory into counties by the following names : Allen, Adams, Abbott, Arny, Barber, Brown, Blood, Beckerton, Blimmerton, Collins, Currier, Cantral, Curtis, Conway, Concklin, Shombre, Dickey, Deitzler, Dow, Dana, Delehay, Jamison, Jordon, Geary, Hillyer, Hopps, Howe, Hoyt, Holliday, Harding, Hutching- son, Harvey, Jones, Keyser, Lane, Leavenworth, Parrott, Pillsbury, Partridge, Powers, Phillips, Roberts, Robinson, Reeder, Redpath, Smith, Sackett, Stewart, Schuyler, Thorn- ton, Updegraff, Williams, Walker and Wakefield. It passed an act providing for an election of State officers, on the third Monday in August following, with suitable direc- tions, and made Topeka the capital of the State. It was not in session long and only passed such laws as were ne- cessary to preserve its organization, having determined to await the development of Walker's policy. *This failed to pass— only introduced. 1857.] CONTESTING THE ELECTION. 455 CHAPTER XLII. QUESTION OF VOTING FOR MEMBERS OF THE LEGISLATURE. The Delegate Convention assembled at Topeka July 15, reaffirmed its adherence to the State organization, and again repudiated the Territorial Legislature. State officers were nominated for the election in August, and the people were urged to interest themselves in it. They recommended a submission of the Topeka Constitution to a vote of the people at the same time. On account of reports that Mis- souriaus were preparing to interfere with the fall elections, General J. H. Lane was appointed to organize the people in the several districts to protect the ballot-box. The question ot contesting the October election engaged in a great measure the attention of the convention. That a diversity of views were held might be expected, and the discussion was warm and earnest. It was finally resolved, in view of certain declarations of Governor AA^alker, look- ing to fairness and justice, to call a mass convention of the citizens of Kansas, to be held at Grasshopper Falls on the last "Wednesday in August, " to take into consideration all that may be necessary in regard to that election." A Dele- gate Convention was likewise called at the same time and place, to carry out the views of the mass convention, com- posed of twice as many delegates as there were free state Senators and Representatives. It is a noticeable feature that A. D. Richardson was the chief secretary of this Con- vention. 456 HISTORY OF KANSAS TERRITORY. At the free state election, held on the 9th of August, the following is the official vote upon all State issues : Judges of Supreme Court — S. ^. Latta, 7,200, and M. F. Conway, 7,178 ; Secretary of State — P. C. Schuyler, 7,167 ; Auditor — A. G. Cutler, 7,177 ; Eeporter of Supreme Court — E. M. Thruston, 7,187 ; Clerk of Supreme Court — A. Patrick, 7,200; Representative to Congress — M. C. Parrott, 7,267. A^ote for the Constitution, 7,267 : against it, 84. About the first of August, Governor Walker surrounded Lawrence with four or live hundred dragoons, for the pur- pose of suppressing the city government. The people of that town refused to accept the charter proffered by th e Territorial Legislature, for which a few had petitioned, and had organized a municipal government of their own. It was never brought into practical effect, but was designed only to regulate and control the action of those who would acknowledge its authority, and to be in readiness to go into operation, the moment that free state men should ^et con- trol of Territorial or State legislation. Governor Walker heard of it, and determined to break it up. He issued his proclamation, entreating the citizens to abandon their city organization, and warned them of the consequence. It seemed much like magnifying a mole-hill into a mountain, by the Hurry and display the Governor made about the matter ; for he had no more right to interfere with this as- Bogiation of individuals, than with a voluntary debating society, until they attempted to enforce their requirements, he inhabitants of Lawrence paid but little regard to the Governor's display of troops, nor his pronunciamentos, and quietly pursued their vocations. The dragoons, num- bering some four or five hundred, after being kept on the outskirts of Lawrence for several weeks, to end the folly, were removed by order of the President. The question of participating in the October election for members of the Legislature and delegates to Congress, en- gaged the attention of free state men during the summer. 1857.] CONTESTING THE ELECTION. 457 Governor Walker had said in his speech on the 9th of June, " In October 7iezt, not under the act of the late Territorial Legislature, but under the laws of Congress, you, the whole feo- ple of Kansas, have the right to elect a delegate to Congress, and to elect a Territorial Legislature." The notion of abandoning the State organization was at first rather unpopular; citizens could not bear the idea of 80 far recognizing the validity of the Territorial Legisla- ture as to vote under its provisions. But the more the sub- ject was discussed, and renewed assurances from Governor Walker given, that fairness should be shown in the election, the more the idea prevailed. Some gentlemen, more of a chivalrous or morbid, than practical, sense of honor, re- volted at the suggestion, and bitterly fought the measure throughout. They were generally of that class who had reaped much pleasure and profit from writing to Eastern presses about Kansas troubles, and who were interested in their continuance. But the common sensed and practical minded readily discarded such nice distinctions of honor and felt it not at all disreputable " to stoop to conquer." What was the Topeka Constitution to them, if they could but obtain the blessings of peace and liberty by forsaking it, in order to hurl their oppressors from power ? But still there were practical difficulties in the way of success should they contest the election. The apportion- ment of members to the Council and House of Representa- tives was partial and unjust. It was Governor Walker's duty in the first place to have made this ; but the printing of the acts of the previous Legislature being delayed, he did not see a copy of the election law until after the time had expired in which he could make the apportionment. The duty now devolved upon the President of the Council and Speaker of the House of Representatives to do the work, and accordingly Mr. Mathias and Mr. Johnson did it to the entire satisfaction of the pro-slavery party. The ap- portionment of Councilmen was as follows : 458 HISTORY OF KANSAS TERRITORY. Leavenworth County, 3 ; Atchison, 1 ; Brown, Nemaha, Marshal, Pottawottomie and Riley, with all that part of the Territor^^ which lies west of Marshal, Riley and Davis Counties, 2 ; Jefferson and Calhoun, 2 ; Douglas and John- son, 3 ; Shawnee, Richardson,* Davis, Wise,^ Breckenridge," Bourbon, Godfrey, Wilson, Dorn, McGee, Butler, Hunter, Greenwood, Madison, Weller, Cofi'ey, Woodson and Allen, 2 ; Anderson, Lykins, Linn and Franklin, with all the Ter- ritory lying west of AV^ise, Butler and Hunter, 1 ; making in all 18 Councilmen. The apportiontment of members for the House of Repre- sentatives was equally unfair. Leavenworth County had 8, whereas Douglas and Johnson, together with all the vast country west of v/hat is now Morris, Chase and Butler, only 8 ; Doniphan had 5, and Atchison 3, while thirteen other counties, among which were Anderson, Franklin Allen and Bourbon, had but 3; Linn and Lykins had 2 apiece; Jefferson County 2, and Shawnee 1. This apportionment was decidedly against the free state men, and comprised their chief embarrassment. It dark- ened their prospect of success, though they were double in numerical strength to their opponents. " It showed an un- questionable determination to introduce voters from abroad. Sixteen counties, strongly free state, containing nearly one- half the entire population of the Territory, are not allowed a single representative in either branch. Of the thirteen members of the Council, all but three, and of thirty-nine members of the House of Representatives, all but ten, are elected in districts bordering on the Missouri line. Topeka is connected with Fort Scott, and Lawrence is attached to Shawnee Mission, adjoining Westport. The Lawrence and Doniphan districts are also made to embrace an indefinite extent of country, having no geographical connection what- ever with them, away in the region of the Rocky Moun- tains, occupied only by Indian trading posts, here and there, (1) Waubansee, (2) Morris. (3) Lyons- 1857.] CONTESTING THE ELECTION. 459 at which fictitious precincts may be made, aud from which fictitious returns may he sent in, at anytime after the election, to overcome the free state vote. Besides these things, our enemies have complete possession of the machinery of the election. Establishing places for voting, appointing the judges, canvassing the returns, declaring the result of the election, and all other matters of detail, are in the hands of county commissioners, who were themselves elected by fraud and violence from Missouri. Mr. Abel, partner of Mr. Atchison, says that Kansas will not be given up, and General Atchison sounds the note of renewed preparation to South Carolina, and declares that ' with one more efltbrt, the work is done.' " The qualifications of an elector, it was feared, would dis- franchise many free state men. A residence of six months in the Territory was required, which would cut' ofi" from voting the vast immigration that had come in from the free States during the spring and summer. Judge Oato had just decided that all voters would be required to pay the Territorial tax, though Governor Walker held to the con- trary. But the Federal Government had recognized the Terri- torial Legislature as legitimate, which tei5ded greatly to preclude the success of the Topeka Constitution. Should the free state men be victorious in the coming election they would have obtained all they sought by the Btate organi- zation. Should they be defeated, they would stand the same chance of triuihph under the Topeka government. They had, therefore, little to loose and much to gain by going into an election. "With nothing but the oft repeated pledges of Governor Walker, for fairness and justice, to in- sure their success, they hesitatingly fell in with the idea of contesting the election. The Mass aud Delegate Conventions assembled at Grass- hopper Falls on the 26th of August, " in a grove near the village." It was an important assemblage, aud was a crisis v/ 460 HISTORY OF KANSAS TERRITORY. in the history of the Territory, G. W. Smith was chair- man of the Mass Convention, and W. Y. Roberts of the Delegate Convention". Spirited discussions were awakened by the proposition to contest the October election. Con- way, Phillips and Redpath were the principal opponents ; while Robinson, Lane, Pomeroy, Holliday, Smith, and oth- ers, favored it. Governor Robinson held that " the Terri- torial form of government was legitimate, and that although our present form of government was the offspring of fraud, yet it was recognized by the Federal Government, and be- fore the United States Courts it was useless to contest — that there was no wa}^ of getting rid of it so eft'ectually as by the ballot-box — and that in the measure contemplated, so far from abandoning the State government, we are ac- tually forwarding it by preparing, in a legal and legitimate manner, to put its opponent out of the way." " Mr. Phillips was opposed to the resolution, representing that a requirement of six months' residence, the registration, and the territorial tax, together with an irruption of pre- viously registered voters from Missouri, rendered utterly impossible any prospect of success." He concluded by offering a resolution, that, should the free state men gain possession of tke legislative powers of the Territory at the coming election, they should use them to destroy the old Territorial Government, and to establish that under the Topeka constitution. The following are the resolutions passed by the Mass Convention : ""Whereas, It is of the most vital importance to the people of Kansas, that the Territorial government should be controlled by the bona fide citizens thereof; and whereas. Governor Walker has repeatedly pledged himself that the people of Kansas should have a full and fair vote, before impartial judges, at the election to be held the first Monday in October, for Delegate to Congress, members of the Leg- islature, and other officers. Therefore f I 1857.] CONTESTING THE ELECTION. 461 " Resolved, That we, the people of Kansas, in Mass Con- vention assembled, agree to participate in said election. '' Resolved, That in thus voting, we rely upon the faithful fullillment of the pledge of Governor Walker ; and that we, as heretofore, protest against the enactments forced upon us by the voters of Missouri. " Resolved, That this mass meeting recommend the ap- pointment of a committee to wait upon the Territorial au- thorities, and urgently insist upon a review and correction of the wicked apportionment endeavored to be forced upon the people of Kansas, for the selection of members of the Territorial Legislature. " Resolved, That General J. H. Lane be authorized and empowered to tender to Governor Walker the force organ- ized by him under the resolution passed by the convention held at Topeka on the 15th of July last, to be used for the protection of the ballot-box.'" General Lane, with characteristic adroitness, lingered on the outskirts of the convention until he saw the direction which the current of public opinion would take, then mounted the platform and made a flaming speech in favor of contesting the election. M. F. Conway, opposing the proposed contest, "■ argued at length upon the impracticability of the proposition to vote, that to enter into that contest would be virtually abandoning the State government and Topeka constitution, which had so long been the efficient rallying cry of the free state party ; that in doing so we take a step backward in our political history, which he feared it impossible ever to retrace. As a matter of principle, he feared the free state party, by so doing, would stultify itself, and render itself ignominous in the eyes of the lovers of freedom. As a measure of policy, he could see but one issue, and that was ^^ defeat." Judge Smith favored participating in the election, and re- marked, although " under very unfair and unusual restric- tions, ho yet considered it their duty to go to the polls in October next and vote, and he was confident that with pro- 5G 462 HISTORY OF KANSAS TERRITORY. per organization and exertion, there was no question as to their complete triumph." " That it was necessary to contest the election, in order to satisfy our friends in the free States, since we had represented to them that we were numerically greater than our opponents, and since Governor Walker gave every assurance of fairness and justice, which was all we had asked." The Delegate Convention nominated M. J. Parrott as candidate for Delegate to Congress, appointed a Territorial Executive Committee of twenty members, to have their of- fice at Lawrence, five of whom should constitute a quorum, for the transaction of business, and recommended to the citizens of each voting precinct to choose a committee of three persons, who should keep a record, of all the votes cast, those refused and the reasons of refusal, and that citi- zens be present in sufiicient numbers to sustain such a com- mittee. The free state men entered upon this contest little sanguine of success. In their addresses to the people of the country they said , " With the administration against us — with one- half of the six months voters virtually disfranchised ; with an election law framed expressly to keep the newly arrived emigrants from the polls ; with the hellish system of dis- tricting staring us in the face ; with most of the oflicers of the election Border Rufiians of the deepest dye ; with th.e slave party of Missouri boldly avowing, through General Atchison, their determination to invade us ; with only the already half violated pledge of Governor Walker to rely on, we do not feel at liberty to cherish a very lively expec- ation of a fair election." The election on the 5th of October, notwithstanding the obstacles, resulted in favor of the free state men. Many of them, disdaining to act under the direction of the Territo- rial Legisiature, or having no hope of success, refused to vote. There were nine free state men and four pro-slavery men elected to the Council, and twenty-five free state men 1857.] CONTESTINQ THE ELECTION. 463 i:!jiise3sa and fourteen pro-slavery men elected to the House of Rep- resentatives. M. J. Parrott was chosen delegate over ex- (jovernor Raiisom'-^' hy ahout 4,090 majority. There were in all 11,687 votes for delegates. But the election proved that the fears of the free state men were not unfounded. At a little town called Oxford, in Shawnee County, near the Missouri line, the polls were kept open two days, and 1638 votes were polled, of which not more than seventy-five or a hundred were legal. This was designed to counterbalance the vote at Lawrence,wliich was in the same district. In a precinct in the south-eastern portion of the Territory, in what was then called McGee County, twelve hundred votes were polled, where only fourteen were cast at the election a short time previous for delegate to the Constitutional Convention. Governor Walker, true to his pledge to fairness and justice, set aside these returns for the c/i^e^^/ec/ reason of defects in the papers transmitting them, but for the 7ral reason that he believed them to be fraudulent. At Kickapoo, and other places, frauds were perpetrated, but not so egregious, and were passed by unobserved. Governor Walker having refused certificates to several claiming election, upon the fraudulent votes cast in the two precincts above mentioned. Judge Cato issued his manda- mus, requiring the Governor to grant the certificates, or show reason for withholding them, and placed it in the hands of the parties interested to execute. Governor Walker refused to observe the mandamus, and set forth his reasons at length ; closed his reply by assuring the Judge, if he would push the matter so far as to seek to arrest and imprison him, he (the Governor) would yield himself with- out resistance, and if he (the Judge) apprehended any dis- turbance of the peace by the proceeding, that he (the Gov- ernor) would make a requisition for the United States '•'Formerly Governor of Michigan, but then a broken down politician. 464 HISTORY OF KANSAS TERRITORY. troops to prevent it. The whole affair was supremely ridiculous. Suffice it to say, that the Judge pursued the matter no farther. While the Kansas Governors generally proved true to their honest convictions, other appointees of the Adminis- tration, in most instances, used all their influence to serve partisan purposes. Such seems to have been especially the case with the Judiciary. Judge Cato, ot Alabama, was perhaps the most perverse and partial of all others ; Judge Elmore was the most prompt to duty, strict and impartial in his judgments; Judge Lecompte, the most learned and pliant tool; Judge "Williams said the most and did the least — as cowardly as he was dishonest — and Judge Pettit, of Indiana, the staggering embodiment of all vices and virtues. 1857.] LECOMPTON CONSTITUTION. 465 CHAPTER XLIIL LECOMPTON CONSTITUTION. The delegates to the Constitutional Convention were elected hy only 2,200 votes, on the third Monday in June. The free state men did not participate in the election. They assembled at Lecompton on the 7th of September, and pro- ceeded to organize their body. John Calhoun was chosen Presibent. Delegates from Anderson and Franklin Coun- ties presented themselves, claiming seats ; but as there had been no census taken in those counties, in consequence of the want of the proper officers, and no apportionment made to them by the Secretary, they were rejected. The conven- tion, after organizing, adjourned on the 11th of September to the 19th of October, in order to take part in the election of the Territorial Legislature. The indignation of free state men towards this conven- tion ran high, and reached its culminating point after the election of the Legislature. The Federal Government rec- ognized it as a legally constituted body, and protected it with the United States troops. Threats were loud against it in buncombe speeches and letters for Eastern presses, that it should never hold its session in Kansas, with the view of intimidating and deterring the delegates from re-assembling. A free state convention was called and held at Lecompton on the same day that the Constitutional Convention con- vened the second time, and loudly protested against that body framing a constitution for the people, and calling upon 466 HISTORY OF KANSAS TERRITORY. it to abandon its purpose. Local conventions were held, speeches and threats made, excitement kept up at boiling heat, and the denunciations of this body of usurpers, who had presumed to frame a government for the people, and w^ho were protected in their work by Federal bayonets, rose from all parts of the Territory. It was several days after the re-assembling of the Consti- tutional Convention, before a quorum could be mustered for the transaction of business. There evidently was a dis- position on the part of a large number of pro-slavery men, to let the matter go by default, after the results of the re- cent election showed them the relation in which they stood to an enraged and indignant people. A quorum finally was secured, and they proceeded to frame a constitution for the State of Kansas, without molestation. After a session of about two weeks, they completed their work, and forty- three members affixed their names to the document. It seems to have been the original design of the delegates to submit the constitution to a popular vote. The question having been discussed in the canvass, before the election, and the free state men charging it upon them that they did not design to submit, it the delegates nominated in Douglas county, among whom was John Calhoun, met on the eve of the election, came out in a card bitterly denying such intentions, and pledging themselves to favor a submission of the constitution, for ratification or rejection by the peo- ple, and Governor Walker testified that Calhoun never in- tim9.ted, in frequent conversations he had with him, that he aid not favor total submission, until shortly before the con- vention assembled. It was generally believed at that time, as the Covode in- vestigation of 1860 clearly shows, that the Lecompton con- stitution was transmitted entire from Washington, or at least those parts aftecting admission and slavery, to the convention for its formal endorsement. Though it is evi- dent that as late as the 12th of July, Mr. Buchanan must 1857.] LECOMPTON CONSTITUTION. 467 have known nothing of this movement, and probably did not until after the action of the Convention. The whole design originated where all the other abominable measures of the administration towards Kansas had their origin, in the treasonable brain of Jefierson Davis. It was a move- ment of the rabid pro-slavery men to either fasten slavery on Kansas, or to inaugurate a war that would eventuate in a disruption of the Union. The leading features of this constitution were, that the boundaries of the State should be the same as those of the Territory, by the organic act ; that the Legislature should have no power to interfere with the right to slave property held by the present inhabitants or future emigrants, and that the constitution could not be amended, altered or changed, until after the year eighteen hundred and sixty- four; "that free negroes shall not be permitted to live in the State, under any circumstances." It provided for a general election of State officers, in January, 1858. The provisions for submitting the constitution to the peo- ple for their ratification or rejection, amounted to nothing more than a farce. The president of the Convention was to have complete control of the election. He was to ap- point county commissioners, who were to appoint judges in their respective precincts ; was to receive the returns, ex- amine them and declare the result. " All the white male inhabitants of the Territory of Kansas, in the said Terri- tory" upon the day of election, were to be entitled to vote ; "the judges of said election shall cause to be kept the poll books by two clerks, by them appointed. The ballots at said election shall be endorsed, ' constitution with slavery,' and ' constitution with no slavery.' One of the poll books shall be returned within eight days to the President of the Convention, and the other shall be retained by the judges of election, and kept open for inspection." If a majority of the votes cast should be " constitution with slavery," the President of the Convention was then to send the constitu- 468 HISTORY OF KANSAS TERRITORY. tion to Congress. If a majority of votes cast should be " constitution with no slavery," then the clauses relating to slavery were to be stricken out, and slavery was not to exist in the State, except that the right of property in slaves in the Territory should not be interfered with, and the consti- tution was then to be transmitted to Congress. Thus it will be seen that this process of submission, af- forded no opportunity to reject the constitution entire, nor any assurance that the election would be conducted without fraud and dishonesty. The whole matter was in the hands of John Calhoun, the President of the Convention. He was an intense partisan and void of moral honesty; Sur- veyor-General, in the employ of the United States, and thus not strictly a citizen of Kansas. Through his office he con- trolled a vast patronage in the Territory, and wielded his influence with the money of the Federal Government to make Kansas a slave State. The only qualiflcation of an elector required, as to residence, was his presence in the Territory, on the day of the election, thus offering a fair and legitimate opportunity for the Missouiians to in- dulge their passion in coming over to vote at Kansas elec- tions. Besides, if the slavery clause should be rejected then all objections to the constitution would not be removed. In the first place the convention had its origin in fraud. The delegates who framed the constitution did not represent the people of the Territory, or at least only a very small por- tion of them, and as an evidence of the people's feelings towards them, the United States troops were required to protect the convention during its sitting, and the expression of popular indignation was loud and full against its mem- bers. Most of the counties had no show of representation, and even the delegates from those counties, whose election was not regular, though no fault of their own, were rejected seats in the convention. There were other objectionable features in the constitution than slavery. Free negroes were to be excluded contrary to the Constitution of the 1857.] LECOMPTON CONSTITUTION. 46P United States, a person to be eligible to the office of Gov- f-rnor must have resided in the United States twenty years, the banking law was defective, were objections held by dif- ferent individuals. There being no chance for a fall and fair expression ot opinion, no guaranty that the election would be honestly conducted, the free state men refused to participate in the election upon the adoption or rejection of the constitution. It was now plainly an unfortunate occurrence that the free state men did not contest the election on the 15tli of Junq. Had they promptly and vigorously attended to the registration, seen that it was properly made, the list cor- rected as prescribed by law, and then mustered their forces at the election, they could have obtained control of the Constitutional Convention, prepared such a constitution as tliey desired, had it properly submitted to the people, foi-- warded it to Congress, and thus passed safely and smoothly into the Union, as a tree and independent State. But wo have noticed the reasons that controlled their action, which justify their course. Their situation now was most alarming and critical. A (constitution had been framed by a body having no connec- tion with more than four-fifths of the legal voters in Kan- sas, which had excluded this portion from any fair, full and legal expression of opinion in regard to that instrument, and was about to be forwarded to Washington, where, in all probability, it would receive the sanction of Congress, and thus be made the foundation for a permanent govern- ment in the Territory. It was, indeed, a high-handed out- rage and audacious oppression, under the assumed cloak of law and order, whereby slavery should stalk into the legis- lative halls of the nation, and place her darkened diadem in the crown of the infant State. Never in the history of enlightened nations were the rights of a people more daringly invaded ; never did a com- munity more fully appreciate their wrongs nor oppression 57 470 HISTORY OF KANSAS TERRITORY. provoke such fearful hostility. High-handed injustice and fraud, backed by the power of the United States, had openly seized and held the legislative control of the Terri- tory, and had marked their reign with untold misery and suffering, l^ow, the twin monsters, with brazen audacity, were in the presence of this outraged people, guarded by United States troops, deliberately shaping and framing a permanent State Government to saddle upon them, and thus forever bind them down by all the power of the Federal Government. Let not posterity be startled then, when they read of the awful measures which some of the people of Kansas con- templated in order to rid themselves of oppression. They united together in secret order and then, like Hannibal on the walls of Carthage, swore eternal hostility to the Le- compton Constitution. They thus pledged themselves to oppose, by all the means which might afford a prospect of success, the effective operation of this State Government. Rather than see it go into effect, they were to muster their force and slay every one who sought to uphold it. And there was a deeply laid plot, should the State be admitted under the Lecompton Constitution, and the election de- clared in favor of pro-slavery men, to assassinate the Ter- ritorial and State officers, and thus leave the whole ma- chinery of government powerless. This organization was not extensive, but it shows the spirit of the people who were a unit in their determination to resist by all the means in their power the active preparation of the Lecompton Government. But the free state men had other reasons for alarm than those before mentioned. I^Tever was there a more damna- ble and stupendous scheme of outrage and oppression orig- inated in the minds of men than the Lecompton movement. After the election of State officers under it, and the elec- tion returns inspected by the Governor, Speaker of the House and President of the Council — Calhoun, the Presi- 1857.] LECOMPTON CONSTITUTION. 471 deut of the convention, refused to declare the result on the plea of awaiting further returns, but with the evident view of awaiting the action of Congrcvss. When the constitu- tion should be received b}'' Congress and the State admitted, he would have declared the result of the election in favor of pro-slavery officers, by allowing certain fraudulent returns. It was then the purpose of Missourians and their friends to uphold these officers in the exercise of their functions, at the point of the bayonet, and thus carry the Government into effect. Should free state men oiler resistance, they were to be exterminated, overrun and trampled under foot, by an army of invadei-s from Missouri and the Southern States. That the Lecompton swindle anticipated these measures, admits of little doubt. Spies from the secret societies of the Eorder reported these facts to the free state men — spies who had truthfully reported other hellish schemes of the Ruffians in advance of their execution — all of which was confirmed by the conduct of the convention of pro-slavery men, and of Calhoun in withholding an official announcement of the election returns. About the middle of Xovember, Governor Walker went to Washington, to consult the Administration in reference to the Constitutional Convention. On arriving there, he had many long and animated interviews with the President, but all conducted with the most friendly feeling. lie told the President that he could not, consistently with the pledges he had given to the people of Kansas, agreeable with the instructions from his Excellency, favor the action of the Lecompton Convention. He gave a history of the wrongs and frauds that had been perpetrated upon the citi- zens of this Territory, explained his action in reference to the election frauds, declared that four-fifths of the legal voters in Kansas were opposed to the Lecompton Constitu- tion, in whole or in part, that he could not, without per- sonal dishonor and disgrace, favor the mode in which this 472 HISTORY OF KANSAS TERRITORY. document was submitted to the ratification or rejection of the people. It was a proud and sublime spectacle ! Mr. Buchanan wavered, and feared the party wliich had put him in power. He acknowledged that he had no other idea than that the constitution would be fully and fairly sub- mitted to the people, when he gave his instructions, but declared that he had no right to dictate to the convention a course of action. Governor Walker said he would plant himself firmly upon the principles of the Democratic party and Popular Sovereignty, and, with the Constitution of his country and tlie Organic Act of the Territory in his hands, would go before the world and make his defense. He aifirmed that " to force this constitution upon the people of Kansas, without their voice being heard for or against it, would be followed by rebellion and bloody civil war." The President, however, in the face of his clear and un- denied instructions and assurances* to Governor Walker, that the Lecompton Constitution should be submitted to the action of the people by a fair and full election, un- marked by fraud or violence, favored the conduct of the convention which framed it, in his message to Con- gress. He took the ground that '' the Kansas-]Srebraska act did not require the submission of any portion of the con- stitution to an election, except that which relates to the do- mestic institution of slavery.'' Governor Walker, therefore, tendered' his resignation, set- ting forth at length the reasons which impelled him to take * The President, in his celebrated letter written on the 12th of July. 1857, to Gov- ernor Walker, said : "On the question of submitting the constitution to the bona fide resident settlers of Kansas, I am willing to stand or fall- In sustaining such a principle, we cannot fall. It is the principle of the Kansas-Nebraska Bill; the principle of Popular Sovereignty, and the principle of all pupular government. The more it is discussed, the stronger it ■will become. Should the convention of Kansas adopt this principle, all will be settled harmoniously, and with the blessing of Providence, you will return triumphantly from your arduous, important .and responsible mission-" This letter was written in reply to one from Governor Walker, in which he de- el ared that "without that (submission of the constitution) civil war would soon b<» raging in Kansas." U) December 6. 1857.] LECOMPTON CONSTITUTION. 473 that course. He was unwilling to embarass the President by retaining his position, or to throw upon him the respon- sibility of his removal. He could not favor the action of the Lecompton Convention, because of his oath to support the Constitution of the United States, and the Organic Act, and the solemn pledges to the people of the Territory that he would oppose its action if the constitution was not prop- erly submitted for ratification or rejection by them. In his letter accompanying his resignation, he says : " Indeed, disguise it as we may to ourselves, under the influence of the present excitement, the facts will demon- strate that any attempt by Congress to force this constitu- tion upon the people of Kansas will be an eflort to substi- tute the will of a minority for that of an overwhelming- majority of the people of Kansas ; that it will not settle the Kansas question, or localize the issue ; that it will, I fear, be attended by civil war, extending, perhaps, throughout the. Union, thus bringing the question back again upon Congress and before the people in its most damaging and dangerous aspect. "The President takes a diflerent view of the subject in his message, and from the events occurring in Kansas, as well as here, it is evident that the question is passing from theories into practice, and that as Governor of Kansas, 1 should be compelled to carry out my new instructions, dif- fering on a vital question from those received at the date of my appointment. Such instructions I could not execute consistently with my views of the Federal Government and of the Kansas-Xebraska bill, or with my pledges to the peo- ple of Kansas. Under these circumstances no alternative is left, but to resign the office of Governor of the Territory of Kansas." Secretary Stanton, who was acting Governor after Gov- ernor Walker left, witnessing the almost universal feeling of disapprobation towards the Lecompton Constitution and the measures adopted to force it upon the people, as ex- pressed in the resolutions of their numerous conventions, and in nearly every paper in the Territory, and strongly 474 HISTORY OF KANSAS TERRITORY. urged to the measure by most of the leadiug men in Kan- sas, issued his proclamation, (December 1), convening the Legislature in extra session on the 7th of December. His reasons were thus expressed in his message to that body : "From representatives of majorities of your own bodies, 1 have reasons to know that recent events have produced a profound agitation of the public mind, and that a sense of wrong and injustice, whether well or ill-founded, and an ap- prehension of great evils to be suffered therefrom, have aroused the people of the Territory to a condition of dan- gerous excitement. The proceedings of the late Constitu- tional Convention are the immediate cause of the existing trouble and alarm." It was hoped, therefore, that a remedy for existing diffi- culties might be found in assembling the Legislature. But what was the proper course for it to pursue in order to re- lieve the people of the Territory from their present embar- rassments was a question hard to determine. It could not interfere with the validity of the convention by repealing the act of the former leo:islation bv which it was created ; for already the convention had passed upon that act, and executed its work. It having completed its labors and ad- journed, and having left the constitution in the hands ot Mr. Calhoun with proper instructions, was entirel}'' beyond the reach of the Legislature. About the only remedy for the Legislature to apply, therefore, was to make provisions for a full and fair expression of the popular will in regard to the constitution. The Legislature convened at the appointed time and place. C. W. Babcock was elected President of the Council and Gr. W. Deitzler Speaker of the House. Hon. F. P. Stanton, acting Governor, sent in his message, advising as the only available remedy for the existing difficulties, an act providing for the re-submission of the Lecompton Con- stitution entire^ to a popular vote. Provision for investigating the election frauds in Leavenworth county was made and I 1857.] LECOMPTON CONSTITUTION. 475 upon the report of the committee for that purpose, the members who had received seats on their certificates were ejected, and their contestants admitted to their places. The Legislature repealed the act creating the Lecorapton Constitutional Convention, and adopted a joint resolution, earnestly protesting against Congress receiving Kansas into the Union under the constitution thus formed. Provision was made for the submission of the constitution to a fair and full vote of the people. Residence of thirty days in the State, preceding the election, and ten days in the county where the elector offers his vote, was made a necessary qualification for a legal voter. Those voting for the con- stitution with slavery, were to mark their ballots, "For the Constitution framed at Lecompton with slavery." Those voting for the constitution and against slavery, were to mark their ballots, "For the Constitution framed at Le- compton, without slavery," and those voting against it en- tire, were to have their ballots marked, " Against the Con- stitution framed at Lecompton." Any person voting illegally at this election was to be deemed guilty of felony, and, upon conviction thereof, were to be fined not exceeding five hundred dollars, or imprisoned for a term not longer than one year. An act was likewise passed, providing for punishing election frauds; one to organize and regulate the militia of the Territory, and one repealing the act to punish rebellion. The Legislature, by joint resolution, memorial- ized Congress to admit Kansas into the Union under the Topeka Constitution, as being agreeable to the wishes of the chief part of the inhabitants of the Territory. After having thus provided, as far as it could, against the dangers threatening the rights of the people, the Legislature, on the 17th of December, adjourned. Towards the latter part of the session. Secretary Stanton received notice of his removal, and General Denver, who was at Lecompton at the time, connected with Indian af- fairs, received his appointment as Secretary and acting 476 HISTORY OF KANSAS TERRITORY. Governor of the Territory. The President, the moment he heard of Mr. Stanton's having called an extra session of the Legislature, determined upon his removal. It created great excitement at Lecompton on reception of the news, and much feeling was manifested against General Denver, whom many regarded as a kind of spy, or secret agent of Buchanan. But the}^ were not long in getting acquainted with him. They found him kind, affable and easily ap- proached, lie at once, by his quiet and easy way, displaced all resentment by the feelings of respect and esteem. All felt that he was no tyrant, and at the same time no fool. Confidence at once animated the free state men, and they rallied around their new Governor to hold up his hands. A full account of his life will be given in the next chapter. The election on the slavery cause in the Lecompton Con- stitution came off on the 21st of December. The vote, as announced by Mr. Calhoun, stood, " constitution with sla- very," 6,226 ; " constitution with no slavery," 569. The Missourians came over in large numbers and voted at the precincts on the Border. According to the qualifications determined by the convention, their presence at the polls rendered them legal voters. By the report of the commis- sioners, appointed by the following Legislature to investi- gate the frauds practiced at this election, and that of the 4th of January, it was shownthat the following illegal votes were cast : At Kickapoo, 700 ; at Delaware City, 145 ; at Oxford, 1,200 ; at Shawnee, 675, making a total of 2,720 illegal votes proven to have been cast ; how many more were polled was never determined. Deducting the number of votes against the slavery clause and the number of ille- gal votes above mentioned, leaves a majority in favor ot the "constitution with slavery" of 3,506 votes. The Lecompton Constitution was legally and properly submitted on the 4th of January, according to the provis- ions of the recent Legislature. It was the first fair and full election in the Territory, so far as free state men were con- 1857.] LECOMPTON CONSTITUTION. 477 cerned. The radical pro-slavery men did not participate m it, but many of the more conservative voted against the Constitution. The returns show "against the Leconi])ton Constitution," 10,220; "for the Lecompton Constitution with slavery," 138 ; "for tlie Lecompton Constitution with- out slavery," 24. This exhibits the feelings of all classes and parties to- wards the Constitution. Pro-slavery papers were in many instances opposed to this high-handed fraud, and all that loved honesty and justice denounced it. At a convention of the Democracy in Leavenworth, on tlie 24th of Decem- ber resolutions were passed bitterly denouncing the action of the Constitutional Convention, sustaining Walker and Stanton, and resolutions highly conciliating to Northern Democrats. They likewise memorialized Congress not to admit Kansas into the Union under the Lecompton C'on- stitution. The TJiirty-Fifth Congress convened on the 7th of De- cember. The President in his message took grounds in favor of the action of the Constitutional Convention and recommending the admission of Kansas into the Union under the Lecompton Constitution. He based his argument in reference to the mode of submission upon the Organic Act, which he'declared required no other part of that docu- ment submitted to the vote of the people than slavery. The Kansas difficulties soon engaged the attention of Congress. A bill was ^e'^ii'ly introduced in the Senate by Douglas, authorizing the people of Kansas to frame a State Constitution ; but, pending its discussion on the 2d of February, President Buchanan transmitted to that body the Lecompton Constitution, accompanied by a message recommending its acceptance. He most bitterly denounced the free state movement and strongly supported the action of the Constitutional Convention. The message and con- stitutional documents were referred to the Committee on 58 478 HISTORY OF KANSAS TERRITORY. Territories in the Senate, and in the House to a select Committee of fifteen. Mr. Green, of Missouri, presented the majority report in the Senate, warmly recommending the admissiou of Kan- sas under the Lecompton Constitution. It Avas lilled with falsehoods and misrepresentations, bitterly denouncing the free state men as a factious minority, and strongly sustain- ing the action of the Constitutional Convention which, it declared, was under no obligation to submit any portion of the constitution to the ratification or rejection of the people. Mr. Douglas, from the same Committee, offered a minority report, adverse to the Constitution, on the grounds that there was no satisfactory evidence that it was the act and deed of the people of Kansas, or that it embodied their will, and defended his position with great power and elo- quence. He argued at length its opposition to the spirit and letter of the Kansas-Xebraska act. A minority report was also presented by ISIessrs. Collamer and Wade, oppos- ing the acceptance of the Constitution by Congress and re- viewing the systematic and oft-repeated frauds and wrongs inflicted upon the people of that Territory. Hon. A. H. Stephens, from the Select Committee of Fif- teen, presented the Majority report, which warmly favored the admission of Kansas under the Lecompton Constitution. This committee refused an investigation of facts by taking depositions and examining records, but accepted the re- presentations of J. C. Calhoun, the president of the conven- tion. A minority report, signed by seven members, was presented by Mr. Harris, condemning the action of the Committee for not investigating the facts and adverse to the Constitution. They presented the report of the Com- missioners appointed by the Territorial Legislature, to in- vestigate the election frauas, by which the constitution was adopted. At the same time Mr. Green submitted his report, he in- troduced a bill providing for the admission of Kansas into 1857.] LECOMPTON CONSTITUTION. 479 the Union under theLecomptou Constitution, which elicited a warm debate. On the 23d of March Mr. Crittenden of- fered as a substitute, a bill admitting Kansas with the con- dition precedent, that the Lecompton Constitution be sub- mitted to the people of the Territory and properly ratified by them ; in case it should be rejected, then they were em- powered to make one to suit themselves. This substitute was lost by 24 yeas to 34 nays, and upon the same day the original bill slightly amended was passed by 33 yeas to 2.5 nays. Upon going to the House this bill was amended by striking out all after the enacting ciause and inserting the substitute of Mr. Crittenden, and passed by a vote of 120 yeas to 112 nays. The Senate refused to concur in this amendment, and called for a Committee of Conference with the House; to which the latter, after some parliamentary maneuvering, agreed. Ujion this (committee the Senate ap- ]>()inted Messrs. Green, Hunter and Seward ; the House, Messrs. English, Stephens and Howard. Their report, from which Seward and Howard dissented, recommended a sub- stitute for the amendment of the House what was generalh' known as the English bill. Their recommendation was ac- quiesced, in April -30, 1858, by both branches of Congress, by a vote of 112 to 103 in the House, and 31 to 22 in the Senate — a clear pro-slavery majority. The English bill provided for the admission of Kansas under the Lecompton Constitution, upon the condition ])recedent, that the said constitution, at a fair and full elec- tion, held for that purpose, should be ratified by the people of Kansas. In case of its ratification the President should so announce the fact and promulgate the admission of tlie State by proclamation ; in case the constitution should be rejected by the people, it should " be deemed and held that the people of Kansas do not desire admission into the Union with said constitution and the conditions of said proposi- tion ; in which event the people of Kansas are empowered to form for themselves a Constitution and State Govern- 480 HISTORY OF KANSAS TERRITORY. inent, and may elect delegates for that purpose, whenever, and not before it is ascertained by a census, duly and legally taken, that the population of said Territory equals the ratio of representation required for a member of the House of Representatives, (93,560), and whenever thereafter such del- egates shall assemble in convention, they shall first de- termine by a vote wliether it is the wish of the proposed State to be admitted into the Union at that time, and if so, shall proceed to form a constitution." This bill contained a proposition from Congress, in the Avay of large land grants in case the constitution should be accepted, which had all the appearance of a bribe to the people. Sections 16 and 36, of each township, seventy-two sections for a State University, ten sections to pay for public buildings, amounting in all to 5,500,000 acres of land, would be thus donated to the State. Besides this enormous be- quest, the Sta.te should have all salt springs within her boundary, not exceeding twelve in number, and six sections of land for each, and five per cent, of proceeds arising from sales of public lands for the construction ot State roads. This was a scandalous proposition to the people of Kan- sas. Having failed to force the constitution upon the new State b}' fraud, they attempted to secure its success by the ofi;er of a magnificent bribe, and by rendering it almost im- possible for the State to be otherwise speedily admitted. Every means was employed in Congress to force the Le- compton Constitution through. Money and ofl&ce were freely oft'ered to induce members to favor it, while proscrip- tion from the Democratic ranks, and ousting from office, was threatened those who should oppose it. It had its birth-place at Washington, in corruption, and when it re- turned to the place of its nativity, was zealously cared for in a characteristic manner. The hideous corruption and foulness of the Lecompton Constitution, was frightfully re- vealed in the investigation ordered by Congress, in 1860, under Judge Covode. The following is the summary of 1857.] LECOMPTON CONSTITUTION. 481 the Committee's report, with reference to the Lecompton measure : " Your committee first direct the attention of the House to that portion ot tlie testimony which relates to the Kansas poHcy of the present Administration of the government. The patriot will mourn, the historian w^ill pause with as- tonishment, over this shameless record. Accustomed as the American people are to the errors and crimes of those in power, they will read this exposure with feelings of un- mingled indignation. The facts revealed by the testimony prove conclusively — "1. The emphatic and unmistakable pledges of the President, as well before as after his election, and the pledges of all his cabinet to the doctrine of leaving the peo- ple of Kansas ' perfectly free to form and regulate their domestic institutions in their own way.' " 2. The deliberate violation of this pledge, and the at- tempt to convert Kansas into a slave State by means of forgeries, frauds and force. ''3. The removal of and the attempt to disgrace the sworn agents of the Administration, who refused to violate this pledge. "4. The open employment of money in the passage of the Lecompton and English bills through the Congress of the United States. " 5. The admission of the parties engaged in the work of electioneering those schemes, that they received enormous sums for this purpose, and proof in the checks upon which they were paid by an agent of the Administration. " 6. The offer to purchase newspapers and newspaper editors by offers of extravagant sums of money. " 7. And finally, the proscription of Democrats of high standing, who would not support the Lecompton and Eng- lish bills." 482 HISTORY OF KANSAS TERRITORY. CHAPTER XLIY. LEGISLATURES. At the same time tliat the free state men voted upon the constitution, an election was held for State officers and members of the Leojislatnre, preparatory to the admission of Kansas as a State, according to the provisions of the Le- compton Constitutional Convention. The pro-slavery men, under the specious name of Democ- racy, assembled in convention at Lecomptou on the 7th of December, for the purpose of nominatiusi: candidates to the State offices. Much confusion prevailed in their ranks and a large number withdrew from the convention. They adopted resolutions endorsing the Lecompton Constitutional Convention, denouncing Governor Walker and Secretary Stanton, lauding Buchanan and reaffirming their adherence to the platform laid down by their party in January, 1857. Thej^ declared " that prior to the advent of AValker and Stanton in our midst, the Democracy of the Territory were united and harmonizing;" that "since their arrival all their efforts have been directed to serving disunion in our ranks Avith a view to further their own ambitions schemes." The following ticket was nominated : Governor, F. J. Marshall, of Marshall County ; Lieutenant Governor, TVilliam G. Mathias, of Leavenworth ; Secretary of State, W. T. Spicely, of Douglas County ; Auditor, Blake Little, ot Bourbon County; Treasurer, T. J. B. Cramer, of Douglas County ; Congress, Joseph P. Carr, of Atchison. 1857.] LEGISLATURES. 483 It was a question of considerable discussion among the free state men, " Should they contest the election?" In case the Territory should be admitted into the Union as a State by Congress, it would leave the successful party at the election in control of the ; State Government for the next four years beyond all legal remedy. On the other hand it was extremely odious and humiliating to so far recognize the Lecompton swindle as to vote under its appointment and control. A delegate convention, called and assembled at Law- rence, on the 2d of December, for the purpose of considering this question, declared, " this election a crime and a mis- demeanor against the peace of the Territory and the will of the majority ;" that they re-endorse the Topeka Coustitu- tian and that after it receives the sanction of the people at an election appointed by the present Legislature, they " will maintain it against all opposition." The design in calling this convention was to determine whether free state men should vote at the State election about to be held; but as the Governor had, between the calling and the assembling of the convention, issued his proclamation convening the Legislature in extra session, when the delegates met, they hoped that the Legislature might find a remedy to relieve their present embarrass- ment and danger and, hence, they adjourned without taking any decisive action upon the subject. It w^as manifest, however, that a majority were opposed to voting at the January election. But the Legislature having assembled and found itself utterly unable to remove the difficulties, at the call of the Chairman of the Territorial Executive Committee the free state convention again convened on the 23d of the same month and for the same purpose as on the former occasion. It remained in session two days, during which time the dis- cussion was interesting and lively. The vote was taken on the second day in reference to participating in the coming 484 HISTORY OF KANSAS TERRITORY. election; forty-seYen recording their votes in favor of it and forty-four against it. "But by an arrangement the vote was counted by districts, by which one or more per- sons cast the entire vote of his district. In tliis manner the result was declared sixty- four yeas, to seventy-iive nays, and upon this report the convention refused to contest the election." An incident occurred during this convention, that well illustrates the political tactics ot General Lane. Those in favor of contesting the election, had been sanguine of carry- ing their point, and everything indicated that they would be successful, until shortly before the convention adjourned. The debate had been intensely earnest and exciting. Gene- ral Lane readily saw that the non-contestants were defeated in debate. With a ready ingenuity, he contrived and dex- terously executed a piece of strategy. Just before the con- vention took a final vote upon the question of contesting the election, a messenger, urging forward a jaded and foam- ing steed, came riding into town, and inquired in a hurried and excited manner for the convention. He soon stood upon the platform before that body, trembling, and appar- ently almost exhausted with fatigue, and related, in a seem- ingly very truthfal manner, that the Border liufdans had begun the war of extermination in south-eastern Kansas, that they had routed the free state forces with great slaughter, and were laying waste the country with fire and sword, and that he had ridden night and day to receive as- sistance at their hands. Then in the most dramatic style asked, " Will you stand here idly debating an election ques- tion, while your brethren, weakened and disorganized, with homes made desolate and families scattered, are calling for help ?" After a speech from Lane, of the wildest sublimity, the convention, in some confusion and excitement, voted upon the main question, with the result as before shown. Many were not satisfied with the result of the conven- tion's deliberations, feeling that it had been imposed upon 1858.] LEGISLATURES. 485 l)y political schemers. Immediately upon its adjonrument, a few of tliis class met in G. W. Brown's cellar kitchen, in what they called " mass convention," but which their op- ponents denominated "Bolter's Convention." They resolved to participate in the election, and, in an address to the public, urged upon all opposed to the Lecompton Constitu- tion, to unite with them in electing the candidates nomi- nated by that convention. The following is their ticket of nominations : Governor, G. W. Smith ; Lieutenant-Gover- nor, W. Y. Roberts; Secretary of State, P. C. Schuyler; Treasurer, A. J. Mead ; Auditor, J. Iv. Goodin ; Congress, M. J. Parrott. These candidates pledged the Convention, that in case of their election and the admission of Kansas into the Union under the Lecompton Constitution, "to adopt and execute immediate measures for enabling the people, through a constitutional convention, to obtain such a constitution as the maj^ity will approve." It was the distinct and explicit understanding, that if these candidates were elected, they should never act officially under the Le- compton government. Seeing a desire and determination on the part of a large portion of the citizens to participate in the election, local conventions were held, and generally those not opposed to the October election united to help elect the ticket of the "■ Bolters." This election, like that of October, resulted decidedly in favor of the free state men. They elected the State officers by the following majorities: Governor, 330; Lieutenant Governor, 501; Secretary of State, 301; Treasurer, 371; Au- ditor, 304 ; Representative in Congress, 696. For the Sen- ate they elected 13 members, Avhile the opposite party elected but 6 ; for the House they elected 29 members, pro- slavery men 15. The free state Governor received 6,875 votes, and his opponent 6,545, of Avhich more than half were fraudulent. Says the President of the Council and Speaker of the House, who witnessed with Governor Denver the 59 486 HISTORY OF KANSAS TERRITORY. counting- of the votes, in announcing the result, " This tri- umph was accompUshed by a party greatly distracted on the subject of voting under a constitution that they hate, and loath, and abhor, to the centre of their hearts, with a short and imperfect notice that failed to reach many of the more distant districts. These causes together, it is safe to say, reduced the free state vote to the extent of 5,000 votes." The State officers thus elected immediately prepared a memorial to Congress, urging upon that body not to admit Kansas into the Union under the Lecompton Constitution. The free state Legislature assembled at Topeka on the 5th of January, and organized by electing Harris Stratton Speaker of the House and J. R. Root President of the Sen- ate. Governor Robinson sent in his message in which he urged that the State organization should be preserved in- tact, ready for any emergency. The second day they ad- journed to Lawrence, where they hoped to constrain the Territorial Legislature to remove all legal obstructions to the practical establishment of the State government. The de- sign was to have the Missouri code of laws repealed, and a new one enacted by the Territorial Legislature, which the General Government recognized as legitimate, and for it then to give way to the active and practical application of those laws by the State organization, " thus making the former a stepping stone to the latter." On arriving at Lawrence they presented the following communication, which had passed the House and Senate, to the Territorial Legislature : "Whereas, The people of Kansas, in the absence of any legitimate government, originated at Topeka, on the 23d day of October, 1855, a State constitution, and, subse- quently, elected officers under the same ; and "Whereas, The people have, on certain occasions, affirmed and re-affirmed said constitution and government, and have elected the present State officers and Legislature, in order to maintain said State organization as the government for the State of Kansas ; therefore, " Resolved, By the House of Representatives of the State 1858.] LEGISLATURES. 487 of Kansas, ( the Senate concumng, ) That we at once pro- ceed to complete the organization of the State government under the constitution, and enact such laws as the necessi- ties of the people seem to demand. And, " Bcsolved, I^ow, as heretofore, the Federal authority represented in the Territorial laws and Territorial Legisla- ture, is an obstacle to the successful execution of the will of the people through the State government, under the State constitution ; therefore, " Bcsolved, That we respectfully urge the General Assembly of the Territory of Kansas, now in session at Lawrence, to take immediate steps to remove the forms of a Territorial government, so that it shall not obstruct and embarrass the State Government. ^'■Besolved, That the Speaker of the House cause a copy of these preamble and resolutions, properly authenticated, to be laid before the Council and House of Representatives of the General Assembly of the Territory of Kansas ; and we respectfully request them to give it their earliest considera- tion, and that they send a reply to the respective oiEcers of the two branches of the State Legislature." In the Council, Mr. Harding, Chairman of the Special Committee, to wliom was referred the memorial of the State Legislature, submitted the following report : " The committee, to whom was referred the memorial of the State Legislature, now in session in Lawrence, having had the subject matter therein contained under considera- tion, beg leave to submit the following report : That we will manifest our readiness to accede to their wishes, so far as we can do so consistently with the views which we entertain of our duty to our constituents and to our country, by adopting such measures, as soon as practicable, as, in our judgment, may meet with the hearty concurrence and sup- port of the people of Kansas. But, under the embarrassing circumstances in which we are placed, by the complicated condition of political affairs in Kansas, and the relation in which we stand to the Federal Government; the uncertainty existing with regard to the policy indicated by the Con- gress of the United States towards us; in view of the un- derstanding which we have of the wishes of our consti- tuents, and regarding, as we do, the peace, well being and 488 HISTORY OF KAJSfSAS'TEERlTOKY. general welfare of Kansas, as of paramount importance ; and in view of the fact that the Territorial Legislature is the only legal, law making power in Kansas acknowledged by the General Government, we can not consent to set aside the form of the Territorial Government until further de- velopment may seem to render it necessary. " Submitted, B. Harding, '- C. K. HOLLIDAY." Air. Mead, from the same committee, made the following minority report : " The committee to whom was referred the petition in the form of concurrent resolutions, from the State Legisla- ture, now in session in Lawrence, ask leave, respectfully, to state that they have had the same under consideration, and can not concur in the views of the petitions expressed, and said concurrent resolutions, respecting the position of the present Territorial Legislature, declaring it to be an ob- struction to the successful execution of the will of the peo- ple; and, in view of the complex character of the various (questions which are now before the people of this Terri- tory, your committee feel that there is great necessity for wise and just legislation ; and further state, that it is the opinion of your committee, any action at the present time favoring the policy embodied in said resolutions, would be unwise, and in couHict with the legitimate purposes of this Legislature. " Respectfully submitted, Andrew J. Mead." In the House, Mr. Cooper, chairman of the select com- mittee, to whom was referred the concurrent resolutions of the I'ree State Legislature, submitted the following report : " The select committee, to whom was referred the concur- rent resolutions ol the Free State Legislature, under the To- peka Constitution, would, in accordance with the instruc- tions of the House, respectfully report the following resolu- tion : " Resolvcdy That we have every confidence in the wisdom, patriotism and prudence of the Free State Legislature ; that we believe the movement it represents originated in a pub- 1858.] LEGISLATURES. 489 lie necessity, and, that it is their province to take such ac- tion in their own capacity, as they may think legitimate and proper — they being responsible lor their own action, and we not for them. And, as the Territorial Legislature is not, legitimately, in a position to dictate or concur in their acts, we have only respectfully to reiterate to them the course of action which we shall pursue, as clearly indi- cated in the resolution passed by this body, to the efiect tliat we would proceed to the enactment of an entire code of laws, which shall supersede all laws or pretended laws passed prior to the special session of this present Legislature. "iS. S. Cooper, "John Speer, "W. P. Badger, " E. N. Morrill, " IL Miles Moore." The report was adopted, and ordered to be spread upon the journal, The State Legislature, after remaining in session about ten days at Lawrence, and having received the above re- plies to their communication, adjourned. Several of its members were also members of the Territorial Legislature, and thus their duties in both branches conilicted. On this account, and there being: nothing for them to do until the Territorial Legislature should take favorable ac- tion on their request, they adjourned, with the understand- ing that, should measures be taken for the effective opera- tion of the State government, they would meet in regular session on the 4th of March. General James AVilliam Denver was born on the 23d day of October, 1817, in Frederick County, Virginia. Ilis parents emigrated to Ohio in the year 1831, and located in Clinton County, in the spring of 1832. The family con- sisted of four sons and six daughters, all of whom lived to the age of man and womanhood, since which period two of the daughters died. His father was a farmer, and brought up his son on the farm, giving him the advantage of the neighborhood school, (being very fond of books himself,) of 490 HISTORY OF KANSAS TERRITORY. a miicli better library than is usually found in farm houses. At the age of twenty-one James had a severe attack of rheumatism, caused by exposure and hard labor on the farm. This induced him to look around for some other means of making a livelihood. Having acquired a pretty thorough knowledge of civil engineering, theoretically and practically, he went to Missouri in the spring of 1841, to en- gage in that profession ; but being unable to get a contract for surveying public lands, he took charge of a school in the north-western part of Clay County, in that State, at what was known as Hartsel's School-house, and while there boarded with Mr. John Eaton. Here he spent one of the happiest years of his life, and left it with sincere regret, his associa- tions with parents and pupils being of the most agreeable cheracter. Having determined to enter the legal profes- sion, he returned to Ohio in 1842, and commenced the study of law with Griffith Foos, Esq., ot Wilmington, Ohio, and graduated at the Cincinnati Law School in the spring of 1844. Soon after, in connection with R. H. Stone, now of Cincinnati, he opened an office at Xenia, Ohio. In the spring of the following year, he returned to Missouri, loca- ting first atPlattsburg and subsequently at Platte City. In the spring of 1847, he was appointed a captain in the 12th Regiment, IT. S. Infantry, and served to the end of the war under General Scott in his campaign in Mexico. After its close he returned to Platte City and remained in Platte county until 1850, when he crossed the plains to California and located in Trinity County, in that State. In 1851 he was elected to the Senate of that State. In 1852 he was appointed by the Governor, a commissioner upon the part of the State to carry provisions across the Sierra IsTevada Mountains, for the relief of the emigrants, who were found to be in great distress. In 1853, he was appointed Secre- tary of State of California, which office he held until Nov- ember, 1855. In 1854, he was elected Representative to the Thirt^^-Fourth Congress, and took his seat, December 1858. LEGISLATURES. 491 1855. Whilst there, he was appointed Chairman of the Special Committee on the Pacific Railroad, and prepared a bill which relieved it from the opposition it had met with before from the most prominent railroad men of the country and which was substantially the plan subsequently adopted. At the close of the sessions of the Thirty-Fourth Con- gress he was appointed Commissioner of Indian Afiairs, and entered upon the duties of that office in April 1856. He made an important treaty with the Pawnees that year. Subsequently he was sent out to make treaties with the Indians in Kansas, but before he could conclude them, the President became dissatisfied with the administration of Hon. F. P. Stanton, Secretary, and acting Governor of Kansas, (Governor Walker being then in Washington) and removed him, appointing General Denver his successor. In the Spring of 1858 Governor Walker resigned, and the General was appointed Governor — Hugh S. Walsh suc- ceeding him as Secretary. In October following he resigned, and returned to Wash- ington, arriving in i^ovember. Upon his return to Wash- ington the President again tendered to him the position of Commissioner of Indian Affairs which he accepted, but becoming dissatisfied, he resigned the office and returned to California in the spring of 1858. He entered the canvass of 18G0 very warmly in favor of Mr. Douglas, and was always opposed to secession. In 1861, the Legislature of California appointed S. B. Smith, Esq., and General Denver, Commissioners on the part of the State, to settle and adjust certain claims arising out of the Indian difficulties in that State. In June, 1861, he left California, and on the 14th of August following, he was appointed by President Lincoln Brigadier-General of Volunteers, and was ordered to Kansas on duty in the follow ing November. In January, 1862, he was ordered to West Virginia, and in March of the same year was ordered back to Kansas. In the following May, he was ordered to report to 492 HISTORY OF KANSAS TEERITORY. Geii. Ilalleck, at Pittsburgli Lauding, on the Tennessee river. He was there put on duty with General W. T. Sherman, on the extreme right wing of the army, in the advance on Corinth, Mississippi, commanding a brigade of Ohio troops, composed of the 70th, 72d, 53d and 48th. regiments. After tlie capture of Corinth, he went with General Sher- man across to Memphis. On the way, he halted some time at Moscow ; from there, marched down and captured Holly Springs. He was stationed at, and in command of Fort Pickering, Memphis, Tennessee, where he remained until l!^ovember, 1862, when the army proposed to move on Yicksburg. It arrived below Oxford, Mississippi, from whence it was compelled to return, by the destruction of the railroad communications between that point and Vicks- burg. He remained at Lagrange, Tennessee, through the follow- ing winter, and resigned in the spring of 1862, to attend to his private business. After the adjournment of Congress, on March 4th, 1805, he formed a copartnership with Hon. James Hughes, of Indiana, and Colonel A. J. Isacks, of Kansas, and shortly afterwards opened an ofhce for the practice of his profession, in Washington, D. C. Colonel Isacks was in bad health, and died before being able to return from Leavenworth, Kansas. The Territorial Legislature convened for regular session on the 4th of January, at Lecompton, and organized by electing the same President of the Council and Speaker of the House, as at the extra session. Secretary Denver's message was short, but replete with good sense and valu- able suggestions. On the second day the Legislature ad- journed to Lawrence and continued its deliberations until "the 12th of February. On the 21st of January an act was passed to provide a Board of Commissioners to investigate the frauds perpe- tratated at the last two elections, and empowering them to 1858.] LEGISLATURES. 493 subpcena witnesses, employ clerks and other assistants. Henry J. Adams, E. L. Taylor, Thomas Ewing, J. B. Ab- bott, Ely Moore and Dillan Pickering, were appointed members of this board. They faithfully and fully per- formed the duties imposed upon them. They began their labors on the 19th of January, and closed them on the 15th of February. They examined seventy-four witnesses, fully and clearly established the frauds, a summary of whose re- port we have given. Provisions were made for the election of delegates in March, to frame a State Constitution a full account of which will be given in the proper order of events. An act was also passed, locating the seat of government at Minneola, then a paper town, a few miles south of Prairie City, and granted a charter to this embryo metro- polis, enabling the town company to hold two thousand acres of land. The Governor vetoed the bill, and, though it was passed over his veto, he never recognized it as valid, nor did any succeeding Legislature. Corruption marked it in the face, and public opinion universally contemned it. The Legislature was composed chiefly of men inexperi- enced in legislating, and hence they moved slowly and awkwardly. Most of their time was consumed upon local questions and laws. They failed to repeal the Missouri code or remove many of its obnoxious features. Even the apportionment of members to the Legislature,' which had occasioned so much complaint, was not remedied. They followed too closely the example of their predecessors, in enacting laws for their own pecuniary advantage. They failed to meet the expectations of the people, and were subject to much censure from all parties. But they had a diilicult task in the way of legislation. The greater portion of the people had been without law since the organization of the Territory. Innumerable enactments had been passed by the former Legislatures, some good and some bad, and 60 494 HISTORY OF KANSAS TERRITORY. it was difficult for young and inexperienced legislators to determine how to proceed. They broke the ice, how- ever, and opened the way for their successors. They set out with the design of enacting a new code of laws, hut failed to complete the work laid out, for want of time. 1854-7.J TROUBLES IN SOUTH-EASTERN KANSAS. 495 CHAPTER XLV. TROUBLES IN SOUTH-EASTERN KANSAS. About the time General Denver was appointed Secretary, difficulties of an alarming character in L^nm and Bourbon counties began to attract attention. The origin of these disturbances is coeval with the settlement of that country. As in other portions of the Territory, the two antagonisti- cal elements — slave-state and free-state — met together there to decide the question of supremacy. The Missourians, whose autocrats had declared, "Kansas is ours and we will have it ; peaceably if we can, forceibly if we must," tak- ing advantage of their proximity to the Territory, first passed over and took possession of the best claims the country afforded. Emigrants from the free States snbse- quently came in, either entered upon entirely new |]claima, or purchased those which had been previously occupied. As Captain James Montgomery is the principal actor in the Territorial history of South-eastern Kansas, it is proper that a short account of his life and character should be given. He was born, December 22 d, 1814, in Astabula county, Ohio, of highly respectable parentage, and is cousin of General Richard Montgomery, who fell at the storming of Quebec. Having received an excellent academical edu- cation, he emigrated to Kentucky in 1837, where he engag- ed in school teaching. Here he married his first wife, who, subsequently dying, he again, after the lapse of a consider- able time, entered the matrimonial alliance. In 1852 he 496 HISTORY OF KANSAS TERRITOEY. removed to Pike county, Missouri, where lie remained one year and then came to Jackson county, preparatory to en- tering Kansas as soon as it should be open to settlement. Here he made the acquaintance ot Dr. Thornton, a promi- nent citizen of that county, who, on learning his design, advised him not to go to Kansas, as he would cer- tainly meet with trouble there ; that the Missourians were determined that no free state man should be al- lowed to settle in the Territory ; but, on the other hand, he urged him to go to Bates county, Missouri, where he could find better unoccupied land, which he could se- curely hold without molestation. Agreeable with this friendly admonition, he went to Bates county the latter part of July, 1854, where he spent a week in looking at the country. Kot satisfied with what he saw there, and his high sense of honor stung by reflecting upon the reasons which had turned him from his plan of entering Kansas, he rose suddenly one morning from the breakfast table and, without a moments hesitation, made a straight march for the Territory, " From that moment henceforth," is his own expressive language, "I was a man." The first place he halted was in the vicinity of Mound City, where he found many of the Missourians, dissatisfied with the country and growing weary in watching to keep out abolitionists, preparing to return to their native State, lie purchased a claim from a family of this class, on " Lit- tle Sugar," for $11.00 — all the money he had with him> except a few cents. He moved his famil}^ upon his new possessions that fall but remained himself in ^Missouri, en- gaged in building a barn for Dr. Thornton. In this way he made $300, which he invested in cows and calves, and with them, in the spring, returned to Kansas, where he has continued to reside ever since. Colonel Montgomery is a humane man, nothing fierce or savage in his character ; a devout christian, and believes in the practical supremacy of the Higher Law. Although a 1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 497 resident of a slave State for a number of years, he has al- ways been bitterly opposed to slavery extension, but never sought to interfere with it in slave States. He is about six feet high, slim and nimble as a deer, with intelligent fea- tures, high forehead, large nose and a most piercing and penetrating eye ; a tenacious memory, sound logic, talks fluently with an agreeable voice, and in the best selected and arranged words. His courage is unques- tioned ; he is fearless yet wary; valorous in battle, yet gen- erous in victory. When the war for the Union broke out he became Colonel of the 3d Kansas Regiment, and acting commander of a brigade. He was afterwards Colonel of the 2d South Carolina jSTegro Regiment, and distinguished himself in the army of the East. When the war was over he returned to his family on his beautiful farm near Mound City. Thus far Montgomery had attractedlittle or no attention from the pro-slavery men, who knowing that he came from Missouri, supposed him all " sound on the goose." But it was not long before the opportunity presented itself for them to discover the sentiments and character of the man. Soon after his return from Missouri, in April, he happened to go down to Mound City, only five miles distant, and was surprised to find a convention in session for the purpose of nominating candidates for the Legislature, The question of making Kansas a slave or free State had never been raised by the settlers who had not yet been in an election, and had been intent upon the construction of their homes. It was the policy of the political'aspirants of that day not to allow this " distracting issue " to arise, but to keep it out of the canvass, and thus secure votes frrmi both parties. Such was the design of Colonel J. P. Fox, the prime mover in this convention. This gentleman had wiliy evaded the issue by telling the people that the time had not yet come to raise that question, and would not until a convention should be called to frame a State Constitution; that all the 498 HISTORY OF KANSAS TERRITORY. Legislature had to do was to make wholesome laws for the Territory. But when in private conversation with pro-sla- very men he was strongly in favor of making Kansas a slave State ; on the other hand when endeavoring to secure the hallot of some free state man he was the representative of his principle. In the organization of the Convention, Mr. Montgomery was elected secretary, and that body soon entered upon its work according to a prescribed programme. Kamcs were submitted to the convention as candidates for nomination, and an immediate balloting urged. Mr. Montgomery readily comprehended their designs, and determined to dis- concert their movements. He arose, and with that cool discretion which characterized him in council as well as in battle, called their attention to the fact that the Missourians had vowed that this should be a slave State, and that they were making extensive preparations to accomplish their purpose; that as the Organic Act guarantees them, as set- tlers, the right to determine the character of their own in- stitutions, he was in favor of making Kansas a free State, on the principle of self-interest, as slavery was injurious to poor white men. He thought that the Legislature would have a wonderful controlling influence over the domestic affairs of the Territory, and tha;, therefore, in selecting candidates to represent them, they should know their views upon the vital issue of the day. His remarks, delivered in an earnest and persuasive manner, were the hearty response of most all settlers convened — one after another of whom arose and fully endorsed his sentiments. Finally, Col. Cox, seeing that he could not get the nomi- nation without committing himself, came out openly in favor of making Kansas a free State, and publicly pledged himself to labor for that end. Mr. Montgomery thereupon stated that, as few of the settlers were aware of the Con- vention, and few were present, he thought it better for them to adjourn to some future day ; in the meantime the re- 1854-7.] TROUBLES IN SOUTU-EASTERN KANSAS. 499 assembling; of the Convention could be published, the whole matter fully understood by the people, and a general turn- out secured. lie accordingly made a motion to this effect, which was carried. At the second meeting of the settlers, Colonel Coffey, an Indian agent, and other violent pro-slavery men, were present. Before the convention was called to order Col. Cof- fey mounted a goods box and began harangumg the crowd in favor of making Kansas a slave State, upon the grounds that the free negroes of Missouri would flock over here and become a pest and expense to Kansas in case she should be a free State, that the Missourians would ship all their worn out and worthless negroes in this Territory, and thus rid themselves of their support, that the negroes thus thrust upon them would become insolent, and would finally control the whites. That they would thus establish society upon the basis of negro equality, which he declared was the real meaning and aim of abolitionism, and triumphantly asked the question how they would like to sec their daughters riding with big buck niggers ? This piece of sophistry, so nicely prepared to suit the prejudices of the masses, caused the free state men to look discouraged. When Colonel Coffey had finished, Montgomery was called out, and all was breathless attention to hear how he would meet the prece- ding speaker. He told them that he had an abiding faith in the white people, that as long as they had six times the population of the blacks, and were so far in advance of the latter in intelligence and wealth, they could always con- tinue in the political ascendency ; that other free States bor- dered on slave States, and he had yet to learn of the trouble to which the former speaker adverted about free negroes becoming a pest and expense to the State. Colonel Coffey's question, " how would you like to see your daughter riding with a big buck negro," he could but consider a refiection upon the custom of slave States, where ladies, as a mark of quality, were attended in their rides by a big buck nigger, 500 HISTORY OF KANSAS TERRITORY. if they pleased, and he was sorry to have it to say that even in this domestic relation of the races, not unfrequeutly did an unwelcome mulatto make his appearance nnder the roof of the master. Surely then slavery did not provide against the evils to which the gentleman alluded. In a very mas- terly and happy manner Captain Montgomery replied to the remarks of Colonel Cofiey, and his speech was fre- quently greeted by loud and prolonged applause. Before he had finished, Coffey and his associates retired from the field as won. J. P. Fox was nominated for Representative in the Territorial Legislature, though many desired Captain Montgomery. The latter declined, as he knew that the former would run any way, so it was better for the free state men to make him their candidate and hold him to his pledges. At the election the Missourians came over in vast num- bers with candidates and voters, and elected their own men. A few weeks before the Legislature met, a convention of free state men, held at Mound City, resolved not to recog- nize the enactments of that body, and pronounced it a crea- ture of force and fraud. Aflairs in South-eastern Kansas remained comparatively tranquil until the fall of 1856. The first show of armed force in that section of the country was a company of pro-slavery men from Fort Scott, going up to join in the raid on Osa- wattomie. Montgomery, knowing their designs, went up also, but arrived only in time to behold the smoking ruins of the town. On returning, he kept himself close at home, so as not to excite the alarm of the free state men by com- municating the startling intelligence of what was going on above, lest they should abandon the Territory. On the fourth day after his return he visited Mound City, where he found the people filled with consternation, they having just received the news, and could see an armed force then going into camp at Paris, only a few miles distant. Upon Mont- gomery's informing them of the order which he had heard 1854-7,] TROUBLES IN SOUTU-EASTKRN KANSAS. f»01 the rufiiaiis give an old gentleman near Osawattomic, that all free stato men should bo compelled to leave the Terri- tory. Judge Cannon remarked, " gentlemen, you hear tlic order and we all knov/ what it means." They immediately began preparations to leave. Many left that night, all in a few days, except Montgomery and one old blind man. The next day the pro-slavery men began their plundering, taking stock, robbing houses, pursuing the Hying free state men, and seizing the little amount of property they sought to carry away, or compelling them, under duress, to sign a bill of sale for property left behind. In about twenty days, many of the free state men who had thus stampeded, returned to their claims. Early one morning. Judge Cannon and others went to Montgomery's in great haste, informed him that the pro-slavery men had again appeared, and threatened to drive off the returned free state men and kill him. Montgomery, at their re(juest, visited Governor Geary, to inform liim of tha state of affairs in southern Kansas, and solicit his protection. The Gover- nor received Captain ^Montgommy with contempt, and treated his account of the troubles with distrust. Jle blamed the free state men for the course they had pursued, and was disposed to regard the present evils with which they were afflicted, as a just recompense for their concluct. Meeting with this rebuff' from the Governor, he went to Lawrence, and tliere appeared before the Committee ot Pub- lic Safety, to whom he related the grievances of the free state men in southern Kansas, and appealed for aid. The people of northern Kansas were in no condition to lend assistance to their brethren in the south. Twenty- seven hundred armed men around their town, wildly clam- oring to be allowed to " wipe out Lawrence," had just re- tired to the Border, and were liable to march back at any moment. The Committee, therefore, replied (o Captain Montgomery, that they could not possibly leave their own firesides; that they had arms whi(!h they would e^ive him, 61 502 HISTORY OF KANSAS TERRITORY. and with these he could return to his family and neighbors, and do as they were doing — defend their homes. Equipped Avith a Sharp's rifle and a Colt's revolver, Captain Mont- gomery set out for home, resolved to fight it out as best ho could. Behold him, as he wends his way over the trackless prairies to his unprotected family on Little Sugar ! His neighbors, filled with alarm by the threats of armed bands, had fled; the few who had ventured to return, were again threatened by the presence of armed companies, that went about stealing and robbing. He himself had been singled out for death. At the request of his excited neighbors, he had visited the Governor, to lay their wrongs before him, and invoke his interposition : but he had ^met with insult where' he sought justice. He Avent before those ag- grieved like himself, and again told the story of his and his neighbor's wrongs. Here, hearts of sympathy received him ; but their friendly hands could do no more than ex- tend to him what they possessed — weapons of self-defence. Armed with these, this meek and humble christian was sud- denly converted into a warrior. He was no visionary romancer ; he felt that the danger which threatened him was a reality, and like a real man he determined to meet it, appealing to the God of Kight to witness the justice of his course. While he thus pondered, firmly he clenched his weapon and quickened his homeward march. Arriving at home, he found that his neighbors had again left, and that the enem}' were in search of himself Stop- ping with his family, who had been insulted in his absence, only sufficiently long to learn this intelligence, he set out after the enemy, single handed and alone. Like a tiger whose den had been invaded, he skirted Little and Big Sugar Creeks and the Osage, firing from the cover of brusli or rocks, wherever he could get sight of the enemy. So swift, concealed and lucky were his movements, that he spread confusion ;^and terror among the pro-slavery men, 1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 503 who began to imagine that every thicket and rock con- cealed a free state man. Fonr days after his return six brave men from the north joined liim. Three days afterwards they attacked the house of Davis, a violent pro-slavery man and a leader of the des- peradoes. He was a Captain of a company of Territorial militia, wlio were armed with United States muskets. Witli the view of securing the Captain and what guns he might have at his house, they made the attack. But meantime Governor Geary appeared with three hundred troops ; Davis and his men, seeing him, had taken to the brush. Mont- gomery and his party only found, therefore, at Davis' house, one man by the name of Brown, bogus Sheriff of Linn County. They secured him and a number of arms, and a quantity of ammunition. A\^lrile they v/ere engaged in con- cealing the arms, Brown managed to make his escape. It was their design to attack tlie pro-slavery men on J>ig Sugar, and disarm them ; but Brown having made his escape, who would spread the alarm, they feared tlie troops and militia. To avoid the troops they made a circuitous tour of some twenty miles south, and on their return came in sight of some Texan Rangers, who immediately tied to Fort Scott, where they gave such an exaggerated report of the number of free state men in arms, marching upon the place that the inhabitants abandoned it in a panic. Montgomer}'- with seven men next set out to attack two points in Missouri, where pro-slavery men were in the habit of gathering, and from which they would sail}' out on plundering expeditions to Kansas, and to which tliey would return with their spoils. These men about three weeks previous had sought to waylay and kill ]^Iontgomery as he passed from that State into the Territory with provision lor his family. When collected at those places, they would freely partake of their favorite beverage and loudly boast that one pro-slavery man could whip six free state men. On arriving in this neighborhood Montgomery and 504 HISTORY OF KANSAS TERRITORY. liis men feigned to be Indians^ in order to draw the pro- slavery men ont, as tlie latter were in the habit of seizing Indians whenever they came into that vicinity to hunt, and flogging them. Failing to call the pro-slavery men out in this way, they entered Burnet's house, but found no one, except women and children, in it. They resolved to wait, knowing that the ruffians would soon gather as the presence of free state men in the neighborhood was known. tShortly the pro-slavery men began to drop in, one and two at a time, who were severally seized as they came, disarmed and placed under guard until twenty-one were thus held. At last Burnet appeared, who, first informed by a woman of Avhat was going on, declared that he would fight rather than surrender. But on his approach a single man went out, disarmed and brought him in prisoner. They then broke the captured guns, took $250 in money, provided themselves with good horses, liberated their prisoners and returned. Montgomery next marched upon some invaders, encamp- ed on Bull Creek ; but at his apj^earance they fled. Thence he, with ten men, crossed into jSIissouri after negroes, but their presence and mission being discovered, and being pursued, they were so closely pressed that they seized six- teen good horses, escaped to Kansas and visited Lawrence. Here, in accordance with the advice of prominent free state men, he determined to go home and keep quiet. On his way thither, when about one mile beyond the AVakarusa, he suddenly met two of Geary's United States militia, one of whom immediately seized his horse by the bridle. Mont- gomery, with the agility of a panther, leaped from his sad- dle u pon the opposite side of the horse ; snatched his re- volver from the holster, and with his person shielded by the horse leveled it upon his assailant, who was in the act of raising his musket. The soldier, with his hand grasping his weapon, dared not level it, knowing that a ball would pievce his heart the moment he should niako the at- ^MoNTCOMKIIY AXI) TIIK MlLlTlA 1857.] TROUBLES IN SOUTH-EASTERN KANSAS. 505 tempt. Thus they eyed each other for a moment, when, without saying a word, the militia turned, passed on and left Montgomery to pursue his journey unmolested. During the winter of '56 and '57 the pro-slavery men held the claims and appropriated to their own use the stock that the free state men had left. They kept up their military organization and committed some depreciations the en- suing spring. Early in the summer of 1857 new free state immigrants began to pour into that section of the Territory, and many of those driven off the fall previous, began to return. Thus the free state element in that locality continued to increase all summer. As might be expected, a conflict soon ensued between the two parties. The returned free state men first undertook to gather up their stock, which they had been compelled to abandon the fall previous ; but those who now held it re- fused to give it up ; whereupon the former, being the strong- er, took it. They next banded themselves together for the repossession of their claims. The first difliculty ot this kind was the restoration of Mr. Stone, who had been driven oft' the fall previous, to his claim, now occupied by Southwood, a Methodist preacher of the Church South. The free state men built Stone a little cabin near the one in which South- wood lived, and moved his family into it, that he might await the opening of the land ofhce, when he could proper- ly prosecute his right to the claim. A dilliculty soon arose between the two families about a well of water, Avhich led to an assault by Mrs. Southwood upon Mrs. Stone. The aggravating circumstances attending this attack, together with the conduct of the former's husband, exasperated the free state men of the neigborhood, insomuch that they gave Southwood orders to leave the premises by a named time. Tiie pro-slavery men, notified of this order, i)repared to re- move Mr. Stone by an armed force of two hundred men the (Uiy before the time allowed Southwood. The free state 506 HISTORY OF KANSAS TERRITORY. men informed of this design, eight of tliern collected at Stone's cabin to defend the premises. That night they were attacked, but the ruffians, imable to dislodge the free state men in the log house, soon left for Fort Scott with the threat that they would return with re-inforcements and cannon the following evening, and if the premises were not vacated, would seize and hang every man found on them. The free state men increased their number the next day, to sixty, and prepared a warm reception for the enemy. But the latter returned only in small force the following night, and, on approaching the pickets of the free state men, retir- ed. Southwood left before his allotted time expired, and Stone was moved into his former house. Here the free state men guarded him the first night, and the next day informed his pro-slavery neighbors that, as they could not guard him all the time, the}^ would hold them responsible for his pro- tection from disturbance. This the pro-slavery men care- fully attended to ; for they well knew that any wrong done Mr. Stone would be followed by fearful retaliation upon them. A few weeks after tliis and similar occurrences, the United States court, under Judge "Williams, opened at Fort Scott. The grand jury indicted most all the free state men in that vicinity for various ofi'enses, some under the rebel- lion act, and others for theft or robbery. Upon an indict- ment under the rebellion act, Messrs. Davis, Bone and IIofl:'nagle were arrested and taken to Fort Scott, where they were thrust into prison, and treated with great indig- nity. Montgomery raised a party of men to rescue them. He first sent Dr. Kimberland, to ask the liberation of the prisoners on bail, who, upon making the request, was in- formed that the crime with which the prisoners were charged was of such magnitude, that personal security could not be taken, but the Court would require the deposit of $800, in hard cash, for the recognizance of each. JS'ot willing to entrust so much money with the pro-slavery 1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 507 gently at Fort Scott, tlic Doctor declined to make the de- posit. Meantime, Montgomery had arrested a pro-slavery man, informed him of his project, and let him go. Knowing that in this way news of his design would soon be commu- nicated to the Fort, Dr. Kimberland was again sent, with instructions to renew his application for bail, whenever he should be assured that the Court was informed of the in- tended attack. lie waited in the court-room all day, and began to despair of the news having any eftect, or of its being received at all. But later in the afternoon, as he Avas urging his application by alluding to the intended rescue in an allegorical way, a messenger entered the room, whispered something in the Judge's ear, and retired. In a moment all was changed. Judge Williams soon arose, de- livered his opinion that it was unconstitutional and unheard of to refuse the prisoners bail, and thereupon discharged them upon their own recognizance. One was sent home on a horse that evening, and the other, who was sick, was con- veyed home next morning in a carriage. Indictment against free state men followed indictment, and arrest followed arrest ; some for theft, because they sought to regain their own property ; others for the usurpa- tion of claims, because they sought to reinstate themselves in the homes from which they had been forcibly expelled. They were taken to Fort Scott, thrust into prison, and re- quired to give $100 as a '• backer," to some pro-slavery lawyer, to take charge of their case. When tried, the ver- dict would invariably be against their interest, and a heavy cost thrust upon them. In one instance, where a free state man shot a pro-slavery man in self-defence, before he even had a show of trial, his property and that of his father-in- law were seized by the sherift' and publicly sold at auction, in Fort Scott, to satisfy the widow of the deceased. The war haAang subsided in Northern and Middle Kan- sas, and peace and order having been there restored, the Eorder Ruffians of the worst character had congregated at 508 HISTORY OF KANSAS TERRITORY. Fort Scott. Gr. W. Clark, .tlie Indian agent, and murderer ot Barber, Brocket, who fled from Leavenworth to escape justice, Titus, who had rendered himself illustrious at the sacking of Lawrence, Hamilton, a Southerner, who v»'as emulous of Border liuffian fame, and others of similar character, had taken up their quarters in Southern Kansas. They would there drink, gamble and carouse ; occasionally sally out, rob, insult, and plunder the free state settlers. The latter, finding that there was no justice to be had from the United States Court at Fort Scott, but rather long, harrassiug and costly trials, while they themselves were subject to indignities and abuse, determined to organize a court of their own as an oifset to the one at the Fort, witli a view of burlesqueing the United States Court, and at the same time administering impartial justice in the adjustment of difficulties. Dr. Gillpatrick, of Osawattomie, was con- stituted Judge under the cognomen of " John Brown," and the court had all the ordinary attendants of a judicial body. Its demeanor was very grave and procedure regular. It measured its fees and penalties by its contemporary at Fort Scott, but its decisions were more in accordance with jus- tice than the latter. TJie SheriiF, Captain Abbott, from the Wakarusa, with a well selected posse, carried out its man- dates and gave it a practical existence. In one instance a free state man by the name of Beason made complaint that some fellows were in the act of butchering his hogs. The court immediately ordered the arrest of the robbers, and for them and the stolen property to be brought before that bod}^ In a very short time three criminals were introduced with the several hogs which they had butchered. Their trial was conducted in the most grave and solemn manner. The slaughtered swine were retained, to defray the expenses of the court, while the robbers were required to make ample restitution to the owners in money. This they first refused to do ; but finding that the court would not be trified 1857.J TROUBLES IN SOUTH-EASTERN KANSAS. 509 with, one of them sold his cL^im, and with the money made the required restitution. It was, in a short time, decreed by the court at Fort Scott that the Squatter Court shoukl be arrested and broken up. Accordingly Marshal Little was dispatched upon this errand with seventy men. He halted the troops about one- fourth of a mile from the Court, while Little advanced un- til he met Montgomery and others, with whom he held a conversation. Tlie object of the court was explained and its proceedings narrated. Little apparently sanctioned the conduct of the squatters and left, informing them, if he should return, he would advance under the show of a white flag. In a few days, at the head of about two hundred troops, the Marshal again made his a}!poarance, held a parley with the free state men, and haughtily demanded the sur- render of tlie Court within thirty minutes, declaring that unless his demand was complied with he would fire upon them ; to which the Court replied that they would accept the alternative of a fight, rather than surrender. Captain Abbott, commanding the free state forces, ordered ten men to go out some thirty yards from the log house in which the Court had taken shelter, and conceal themselves among the trees. As the troops under Little advanced, these men fired upon them and rushed towards them ; ■whereupon the troops beat a hasty retreat. One man and a horse were wounded which was the only loss sustained. Anticipating another attack, and rumors being rife to that eftect, the free state men increased their defense and dispatched messengers for help. Colonel Wm. A Phillips, then Adjutant-General of the Territorial Militia, soon ar- rived and took command of the forces, now numbering about tw^o hundred armed men. General Lane followed him next day. Colonel Phillips, at the head of his com- mand, started to capture Fort Scott; but learning that a large force of United States troops from the north -were 62 510 HISTORY OF KANSAS TERRITORY. there, he abandoned the movement and countermarched to Sugar JSIound. General Lane organized a regiment ot troops, appointed Captain Shore, of Prairie City, Colonel, and Mr. Williams, ot Osawattomie, Lieutenant-Colonel. On the evening of the same day he disbanded it, ordering all the men to return to their homes, except the companies of Captains Montgomery and Baynes, who were to keep the field, and protect the citizens. He organized, at the same time, a lodge of the secret society, whose object was the destruction of the Lecompton Constitutional measure. He returned to Lawrence and made a pompous report to the Legislature. 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 511 CHAPTER XL VI. TROUBLES IN SOUTH-EASTERN KANSAS — CONTINUED. The difficulties at Fort Scott continued during the winter. In February Johnson, wlio had suffered much from the Ruffians in that town, came to Montgomery for assistance. A writ was procured for the arrest of the offenders, and Montgomery, at the head of forty-three men, set out to ex- ecute it. Meantime some of the more timid free state men had sent a couple of messengers to the town to ask the au- thorities to voluntarily surrender up the culprits ; this deputation Montgomery met when he reached the outskirts of the town, accompanied by some of the leading citizens of the place. To the demand of the persons of those for whom writs were held, they replied that if the prisoners would be retained at Fort Scott for trial they would be sur- rendered up ; but otherwise they would not, and that they should fight, every man of them, before yielding to the lat- ter demand. Montgomery replied, " then fight, that is what we w^ant," and immediately put his men in motion towards the town. Crawford and other Fort Scott gentry hurried back into the village. By the time Montgomery reached the principal street Crawford and Judge Williams met them, and reported that all the mauraders had left, and tendered the free state men the hospitalities of the place. The latter partook of a hearty breakfast and received a pledge from Judge Williams that the goods taken from 512 HISTORY OF KANSAS TERRITORY. Johnsou and others should be deposited at Barnesville within a few days, subject to orders. IS^ot being able to see any thing of those for whom they held writs, the free state men left the place. In a few days, when the troops under Captain Anderson arrived, the Fort Scott authorities, in- stead of restoring the property, sent word to the free state men, " Come on, we are ready to fight you." Upon receiving this challenge, Montgomery sent to Law- rence for a howitzer, and Leonhardt, a Polander, who had seen much service in Europe, came down with it, accom- panied by quite a number of others. Perceiving that they were unable to drive the Rutfians out of Fort Scott the free state men determined to change their tactics and drive them from the country into the Fort, and then starve them into submission by a siege. Pursuant to this arrangement, they first struck a pro-slavery settlement high up on the Little Osage. They attacked Zumkault, who had been the perpetrator of at least three free state murders. In at- tempting to enter his house they shot and badly wounded him, but left him properly cared for by the neighbors. From this place they visited the residences of other obnoxious pro- slavery men, who fied in terror at their approach. The jjro-slavery men in that vicinity sent for the troops at the Fort, but Captain Anderson replied that if they wished protection they should all come to Fort Scott, as he was unable to afiibrd them any security at their isolated homes. Filled wdth alarm by the bold strike of the free state men, and still more by guilty consciences, the pro-slavery men flocked, with their families, to Fort Scott. After this occurrence, which was in February, Montgomery proposed to retire from the field, and attend to the improvement of his claim. He requested that the men be organized under Captain Stewart and Lieutenant Walker, who should be actively on the watch to keep the pro-slavery men in check. These, after performing a few praiseworthy deeds, began plundering, robbing and stealing, 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 513 and running oft' the spoils to the north. They s)Dread terror and ruin wherever they went, threatening pro-sUivery men, man}' of whom fled the country with their famihes. They continued this dishonorable course, until they had brought disgrace upon their party, and aroused the whole country against them. Stewart was a Methodist preacher, com- monly known in southern Kansas as " the fighting preach- er," but he was better qualified for a spy, or daring and un- scrupulous adventure, than anything else. He was in the employ of the government during the rebellion as secret agent, and did admirable service. He afterwards aban- doned his family, and ran off" with a strumpet to Canada. The men having become so demoralized under Captain Stewart, and committed so many gross outrages, Mont- gomery resolved to take the field again as their leader. He first restored what stolen property he could, and sought to correct the morals of his command. A portion of them, under the leadership of Stewart, with their avarice excited by their recent plundering, separated from those under Montgomery, and started north on a thieving expedition. In this way they brought odium upon the free state party in south-eastern Kansas, and many good free state men censured them. Those that thus set out north, generall}^ were worsted in their unlawful and dishonorable attempts, and finally returned, the best of whom were reinstated in the orfginal command. But justice to Captain Montgomery requires iis to say, that he never indulged in wholesale robbing and stealing. He took from pro-slavery men alone, and only from those who were deeply implicated. in the troubles. lie took their arms, their horses, (if he needed any), and provisions. He aimed to feed, clothe and supply his men with that which he took from the enemy. He never sold a horse thus taken,, but either restored it when through with it, or gave it to some good free state man who had suft'ered loss. Wherever he obtained provision of peaceable citizens, he paid for it, 514 HISTORY OF KANSAS TERRITORY. as his neighbors will bear testimony. Though himself as X30or as afflicted Job, he never bettered his condition by spoils taken from the enemy. It should be observed that these parties who gave them- selves up to plunder in Kansas, generally met, soon after, violent deaths. We have noticed Stewart's downfall ; Len- hardt, a young printer, from Lawrence, who had been leader of a guerilla party since 1856, and who continued robbing and plundering long after peace was restored, finally was killed at Doniphan; Hamilton perished in the mountains ; Titus wandered to Arizona, and no one knows what became of him, and so with others. Those pro-slavery men who had been driven out by Stewart, soon began to return with reinforcements from Missouri. They retaliated upon the free state men, notify- ing them to leave, on pain of death. This again filled the country with alarm. Montgomery collected the threatened families at various places, and put them in an attitude of self-defence. While thus engaged, a party wearing United States uniform, came out from Fort Scott, killed Denton and Hedrick, and attempted to murder Davis. Old man Denton lived only sufliciently long after he was shot, to ob- tain a pledge from his sons that they would avenge his death. He called them to his bed side, and when they had solemnly obligated themselves to comply with their father's request, he seemingly died in peace. The boys faithfully fulfilled their vow, killing one of the murderers the next day, and three or four others subsequently. This startling occurrence spread terror and confusion among the free state men, and it required the utmost ex- ertions of Montgomery to prevent a stampede of the set- tlers. He wrote a letter to the northern counties, for their friends to hold themselves in readiness to come at a mo- ment's warning to their assistance, but, as yet, they were able to take care of themselves, while he informed his neighbors, in order to quiet their fears, that he had really 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 515 sent for help. He tlien went to the Neosho, where he or- ganized the settlers in a lodge of a secret order^ for the pur- pose of self-defense. Upon his return he found that the free state men had rallied their courage, had made an at- tack (April 1 ) upon a body of Ruffians assembled at AVas- son's, killed one certain, and likely others. Their fears had fled and they talked no more of abandoning their homes. It is proper to remark here, in order that the reader may understand the movements of Montgomery and his men, that they were always duly informed of the plans of the Ruffians in Missouri and at Fort Scott, in time to frustrate them. He had a spy in the Secret Lodge in Missouri, and one in the lodge at Fort Scott, who would report to him the intended movement of the Ruffians in advance. On these reports he would frequently make a bold stroke, when to the public there was no justifying cause. In this way he and his men received the title of " Jayhawkers," from the resemblance of their actions to that of a hawk, suddenly and unexpectedly pouncing upon a jay-bird. They knew the plans of the Ruffians, where they would assemble ; with- out a moments warning, at the time the Ruffians would im- agine themselves secure and safe, and Montgomery and his party remote, the latter would suddenly fill them with con- sternation and alarm by his unexpected presence. Before the Maries Des Cygnes murders took place, Mont- gomery knew the designs of the Missourians through his faithful spy, who now lives, I believe, at Westport. The plan of Hamilton, which was never fully carried out, was as follows : He had prepared a list of free state men, num- bering about sixty or seventy, whose death had been de- creed. "With a small squad of men he was to pass from the Border into the Territory, seize as many of these as he could, suddenly slay them and retire immediately to Mis- souri. After the lapse of a week, when the excitement should have subsided, he would repeat the stroke and return as before ; wait a week and again strike. Thus he would 516 HISTORY OF KANSAS TERRITORY. continue until the proscription list was exhausted, Avhich was reckoned would take four or five weeks, then with his clan he would flee to Arizona. Perhaps a short account of this barbarous man and the scene ot liis operations will not be uninteresting to the reader. Captain Hamilton and his two brothers came to the Territory in 1855, and settled on claims about four miles from Chouteau's Trading Post, on the Marias J)es Cygnes, where the Leavenworth and Ft. Scott road crosses it, and about forty miles north of the latter place. This point had been occupied as a post of traffic with the Indians many years before the Territory was organized, and contained a few log buildings of a rude and decayed character. Captain Plam- ilton was a violent pro-slavery man, at first wore the ap- pearance of a gentleman, with all the swavity and polite- ness of a Southerner. He brought slaves with Jiim to the Territory. But as the prospect of making Kansas a slave State grew gloomy, he grew frantic, threw ofi" his assumed garb of refinement, converted his house into a fort, col- lected around him a band of desperadoes and became a terror to the community in which he lived. All the winter of '57 and '58 he had carried on a predatory warfare, rob- bing and stealing from free state men. He had frequent quarrels with bis neighbors, in which he threatened them with murder or assassination. "After the passage of the Lecompton Constitution, in some shape, was regarded as certain in Washington, and in- telligence to that eftect had been received in Western Mis- souri, Hamilton spent a great portion of his time at West Point and the border counties of Missouri, assisting to re- vive the secret societies that had gone down since '56, and making arrangements with leading citizens of Missouri for a general guerrilla warfare on the settlers of Kansas." All spring Hamilton had been making his threats of ex- termination ; but, having repeated them so often, the set- tlers came to disregard them. Montgomery, about the 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 517 middle of April, learning that the troops at Fort Scott would be withdrawn, and fearing on this account that Ham- ilton, who was then in that vicinity committing depreda- tions, would carry his murderous plot, as above given, into execution, sought to draw him out to battle by making a "drive" upon the pro-slavery men in the settlement where he had been operating. Taking with him sixteen men, he made a descent upon a neighborhood along the Marmaton, about twelve miles south-west of Fort Scott, among whom he spread terror and consternation. Hamilton, instead of giving battle, fled to the Fort, where he and Judge "Williams prevailed upon Captain Anderson, with a squad of soldiers, to go out, for the purpose of arresting the free state men. As Montgomery and his men were riding along the road, they unexpectedly came in sight of\he United States troops. He instantly ordered a retreat, and fell back, at full speed, to the Yellow Paint, the troops in hot pursuit. Upon reaching this stream he formed his men in a narrow defile, up which only three horsemen could approach abreast. A portion of his men, who outran the others, had passed be- yond the creek, and hence he was left with only about half of his command to resist an attack of fifty regulars. Cap- tain Anderson, at the head of the troops, entered the narrow ravine, and approached within about twenty-five steps, when the free state men opened fire. The troops imme- diately retreated, being unable to withstand the murderous volley from a concealed foe. Anderson's horse fell dead, with his rider fast under him ; his right hand man tumbled from his saddle mortally wounded, and several horses fell in the defile. Some of the troops, Vvdio had not descended into the hollow, fired on the free state men from the hill, and wounded one. The soldiers soon sent down a flag of truce, asking permission to release their fallen commander, and carry away the wounded. The request was granted, and Captain Anderson, who had boasted so much of destroy- ing free state men, was pulled out from under his horse. 63 518 HISTORY OF KANSAS TERRITORY. He was afterwards compelled to resigu, or submit to be court-martialed for dishonorable couduct in the presence of the enemy, and making war upon citizens. He chose the former, left the service ; when the rebellion broke out, he joined the rebel army, and rose to Brevet Lieutenant-Gene- ral. Montgomery and liis men retired to a circular thicket of woods, which the troops, augmented by reinforcements to two hundred and fifty, refused to penetrate. After par- leying a short time, they abandoned the attempt to arrest the "jayhawkers," and repaired to the Fort. This skirmish had the effect to divest the United States troops of the charm of invincibility, and taught them and the Ruffians that even they could not pursue and harass free state men with impunity. Pro-slavery men were in the habit, during all the E^nsas troubles, whenever the free state men became aroused, and were marching to retaliate for wrongs suffered, to set the United States soldiers upon them, knowing that they dreaded an encounter with regular troops, both from the fear of defeat, and out of respect to the General Government. And the latter had become ex- ceedingly insolent and boastful, especially when affected with pro-slavery proclivities, on account of the estimation in which they were held. But this rencounter with the "jayhawkers " disarmed them of their dreaded character, and taught them a lesson which they never sought to take again, that oppressed citizens would and could fight, while it encouraged and strengthened the free state men. Captain Hamilton, after the troops returned to the Fort, left them, and proceeded to his log house, some distance north. Montgomery, well informed of his bloody designs, and even furnished with a list of the proscribed men, hung close upon his heels, resolved to slay him the first oppor- tunity he could get, or at least prevent the massacre. On arriving at Hamilton's, he found that he could do nothing in the way of an attack upon the house with rifles alone ; so he dispatched a squad of men to bring the howitzer. 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 519 Before its arrival, the United States troops, on their road to Leavenworth, were called to Hamilton's relief. Mont- gomery dispersed his men, with instructions to meet at Jones', eight miles above. Two of them lingered on the ground, and narrowly escaped the following morning, by jumping down a precipice, like creneral Putnam, over which their pursuers feared to follovv\ Montgomery then went to the Slieriii, reported to him the designs of Hamilton, showed him the list of the pro- scribed, and obtained from this official assurances that the free state men should be protected from all barm. Hamilton thus relieved of tlie Jayhawkers by the pres- ence ot the troops, set out for Missouri, full of wrath and venom, to prepare for the execution of his bloody plot, and the accomplishment of his long coveted object. During the subsequent ten or fifteen days be was occasionally seen prowling about the neighborhood in which he lived, spying around and holding secret meetings. On the 19th of May there was a large meeting at Thomas Jackson's, just across the line in Missouri, composed of Ruffians from Fort Scott and Missouri, at which the best policy to be pur- sued in invading Kansas, was the question of discussion. "Some were in favor of stealing from, and harrassing, the settlers until they would become wearied out, and for the sake of peace flee the Territory ; while others of the gen- nine ' Border Ruffian ' order advocated as stronglj- an indis- criminate slaughter of the abolitionists, until the last of the Yankee race was exterminated." Hamilton was in favor of the latter method, and warmly advocated his plan of striking a series of fearful and successive blows, and closed his remarks by calling upon all who were for blood to fol- low him into the Territory. Twenty-five men, eight from Fort Scott and seventeen from Missouri, responded to his call, with whom he immediately set out for Kansas. The free state men had concluded that as Hamilton was quiet so long, he had abandoned his purpose, and were olf 520 HISTORY OF KANSAS TERBITORT. their guard. Hamilton and bis men appeared at Chouteau's Trading Post, about one o'clock, and began collecting pris- oners until they had nineteen in custody. These were gen- erally quiet and peaceable men who had taken little or no part in the Territorial troubles, but who were known to be free state men. Eight of them were soon afterwards lib- erated ; the other eleven were taken a few miles away, drawn up in line in a ravine with the armed Ruffians op- posite them. At the command given by Hamilton, " fire," they were shot. All fell, five dead, and five badly wounded, feigned to be dead; the remaining one, though not hurt, fell also. After rifling their pockets and shockingly abusing some of the bodies, they left them for lifeless. The killed were J. F. Campbell, Yfilliam Stilwell, P. Ross, Colpetzer, and M. Robinson. After the commission of the murders, Hamilton and his gang hurried back to Missouri. As might be expected, this tragical affair created a won- derful excitement among the settlers. They assembled in numbers, at the Trading Post from all parts of the surround- ing country. In the evening, Montgomery, who had been on a " drive" in Johnson county, arrived with his fearless band of twenty or twenty-five men. The following morn- ing the citizens, then numbering about two hundred, under the leadership of General McDaniel and Colonel R. M. Mitchell, with Montgomery and his men, set out for West Point, where it was believed that the offenders had fled. Upon arriving near the town, which was about ten miles distant, a council was held at which, against the remon- strance of Montgomery, it was agreed to send a deputation into town and ask the leading citizens to come out to a conference. "While this deputation was delayed in the town, men were seen leaving on the opposite side, after whom Montgomery and his men gave chase. The leading citizens, after much delay, made their appearance and were demand- ed to join in the effort to ferret out and arrest the guilty parties. They pretended to deplore the affair, denied any 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 521 knowledge of the murderers, and refused to assist in apprehending them. Montgomery returned with one rough looking chap, against whom they could bring no proof of guilt, and he was set at liberty. Every evidence showed that the murderers had returned from the Territory to that town, and had either left or concealed themselves at the approach of the free state men. The settlers retired to the Border where they seperated into two divisions, one going north, the other south, to watch upon the line to prevent there-entrance of Hamilton, according to his wicked arrangement. They thus guarded the Border until superseded by regular troops, under Cap- tain Weaver. The Border was guarded all summer and fall. Ham- ilton never again made his appearance, having abandoned his purpose in consequence of the prompt and efhcient ac- tion of the free state men. While watching along the line. Captain Montgomery in- tercepted a messenger bearing dispatches to General Denver, from Fort Scott, rerepresenting that the " Jayhawkers" were about to take the place, were driving off settlers, robbino- and stealing indiscriminately, &c., and earnestly solicitino- him to send troops to Fort Scott to protect them. Mont- gomery detained the courier over night, read his dispatches and in the morning enclosed a note with them to the follow- ing effiect and sent him on with a pass : That the repres- entations contained in these dispatches were unreliable, and he had better come down and investigate matters for him- self; that if he would allow the Sheriff of Bourbon county to be elected by the settlers, withdraw the troops from Fort Scott and place the town under the free state men of Mar- miton, he ( Montgomery ) and his men would surrender themselves up for trial. About this time Captain Walker, Deputy Marshal, ar- rived, having been sent down by the Governor to arrest Montgomery, on the charge of murder and theft. Upon 522 HISTORY OF KANSAS TERRITORY. reaching the scene of disturbance, be found that the free state men all sustained Montgomery, who, they asserted operated only against the worst character of Kutiians, and without whom they would all long since have been expelled from the country ; that the pro-slavery hatred of him was based on fear rather than the depredations he committed. Marshal Walker, who was a free state man, and who had him- self been driven and hunted by the Ruffians, resolved not to make any attempt to arrest Montgomery, whom he gave to so understand through his friends, and also that Mont- gomery should keep out of his way or prevent a recogni- tion of himself by the Marshal, so that there would be no legal occasion for the execution of the writ the latter held against him. On consultation with Marshal Walker, and securing his consent to execute them, the free state men procured writs trom a Justice of the Peace against some Ruffians at Fort Scott, who were implicated in the Maries Des Cygnes mur- ders, and placed them in the hands of the above named officer. Captain Walker, with a posse composed ot free state men, among whom was Montgomery in disguise, proceeded to serve his warrants. He dispatched a few to the east of Fort Scott to prevent the escape of fugitives to Missouri. With the others he entered the town, where they scattered in squads, each of w^hich hurried to ' perform the part as- signed it. After some search the Marshal learned the whereabouts of Gr. W. Clark, the Indian agent. He imme- diately called upon the citizens for a posse of eight or ten men to assist in arresting this offender. IS'one but free state men, of course, responded, among whom was Montgomery ; with these the Marshal proceeded to Clark's residence. Arriving there the latter, after repeated calls, finally made his appearance on the portico, armed with a rifle and re- volvers. The writ was handed him, and on reading it, he told them that he would not observe it, on the ground of there 1858,] TROUBLES IN SOUTH-EASTERN KANSAS. 523 being no such Justice of the Peace in the county, and that he would resist its execution. After parleying some length of time, the Marshal growing mipatlent, said, " Colonel Clark, you know me, I have not time to trifle. Unless you lay down your arms and surrender up your person in five minutes, I will order my men to fire," and taking out his watch, noted the time. When three of the five minutes had expired Clark was so notified, and the Marshal ordered his men to cock and level their pieces. An awful suspense followed. In the windows, hall and balcony of Clark's house, pro-slavery men stood with arms presented at the free state men, and all the time saying to Clark, " Don't give up, we will stand by you," while trom the upper windows and doors of adjoining buildings, rifles and revolvers protruded, w^aiting the given signal. It w^as evident should the five minutes elapse, Clark would fall dead in an instant, and equally evident that not a moment would pass before every free state man w^ould bo pierced with as many balls. Four minutes ex- pired, and still Clark stood firm and unmoved, constantly urged to stand by those in his rear. " But one-half minute more," says Marshal Walker, " and you are a dead man," Clark suddenly turned pale, began to tremble, lovr- ered his gun, unbelted his revolvers and surrendered, amid the loud oaths and denunciations of his friends. Two other Ruffians, for whom he had w-rits, were arrested by the Mar- shal, and all the prisoners were placed in jail to await their trial. The pro-slavery m;'n, however, had recognized Montgom- ery in the Marshal's posse, and procured a writ for his arrest which they placed in Walker's hands. The latter was em- barrassed, being bound to execute the writ, however much against his inclination ; and he knew if Montgomery should resist he would be joined by all the free state men. But the matter was quickly settled when Montgomery learned what had occurred. lie immediately went up to 524 HISTOET OF KANSAS TERRITORY. the Marshal, made himself known, laid down his arms and surrendered himself a prisoner. With him in custody, Captain Walker and his posse set out to retrace their steps. On reaching the outskirts of town, word was brought them that Clark and other prisoners, whom they had taken, had been released and were at large. Walker, incensed at such conduct, at once liberated Montgomery and restored him his arms. Followins: the above events was the visit of Governor Den- ver, who, acting in accordance with the suggestion of Cap- tain Montgomery, sent him in the pro-slavery dispatches, came in person to Fort Scott, where he arrived on the 14th of June. As he passed down he held consultations with the citizens of Moneka and Eaysville, by whom he was fully in- formed in regard to the difficulties. At the latter place he made a speech to the assembled citizens, there he an- nounced his policy for settling the troubles, which was sub- stantially the same as he afterwards followed. The following is a synopsis of the Governor's remarks at Raysville, to the people there assembled, as reported by a gentleman who heard them : " Fellovv-Citizbns : I have come to southern Kansas at your earnest solicitation, to assist, by my presence, in re- moving existing difficulties in your midst. In the prosecu- tion of my purpose, I shall treat the actual settlers without regard to past diiferences. I shall know no name and know no party. I do not propose to dig up or review the past. I believe both parties have been to blame for by-gone difficulties; but with that I have nothing to do. My mis- sion is to secure peace for the future. I propose as a basis for an agreement, whereby to produce tranquillity through- out the Territory, the following conditions: "1. The withdrawal of the troops from Fort Scott. " 2. The election of new county officers in Bourbon county by the citizens of the county, irrespective of party. " 3. The stationing of troops along the Missouri frontier, to protect the settlers of the Territory from future invasions. 1858.J XROUB LES IN SOUTH-EASTERN KANSAS. 525 '•4, The suspension of the execution of old writs, until their le,2:itimacy is authenticated before the proper tribnnal. "5. The abandonment of tlio field by Montgomery and his men, and all other parties of armed men, whether free state or pro-slavery." Scarcely had the Governor crossed the Maries des Cygnes, en route to Fort Scott, than Captain Montgomery and his men, who seemed ubiquitous, joined his train. At Moneka, the Captain solicited an interview with his Excellency, but the latter declined it, until after he should visit Fort Scott. Montgomery and his band accompanied the Governor's train, holding frequent conversations with his suit, and contributing to the agreeableness of the journey. No sooner had the Governor concluded his speech, than cries were made for Captain Montgomery, who came forward and spoke in substance as follows : " Fellow-Citizens : I have listened with great attention to the remarks you have just heard, and it gives me much pleasure to say, I mainly agree with them. On behalf of the citizens of southern Kansas, I thank the Chief Magis- trate of our distracted land, for the spirit of justice by which he seems to be actuated. All the free state party desires is justice. It has been a stranger to it a long time, and will hail this fair and honorable agreement with delight. That part of the agreement which refers to myself is particularly pleasing. In the last seven mouths I have not been at home as much as a fortnight, and a return will give me sincei-e pleasure. It has not been choke that has kept me away, but necessity. "While my country needed my services, I could not loave the field, however great the temptation to do so. To-day, three hundred men follow, when needed, the banners and fortunes of Montgomery. When the Gov- ernor redeems his pledges given to-day, I will disband these men and retire to my cabin home, there to remain. As long as the Governor and his friends respect their side of the^treaty, I and my party will respect ours." The Governor addressed the citizens at Fort Scott in 64 526 HISTORY OF KANSAS TERRITORY. about the same spirit as quoted above. The stipulations of the treaty efl'ected between the parties there for the pacifica- tion of difhcuUies were, that the civil organization of Bour- bon county and the townships therein should be perfected ; that all past offenses against the laws should be referred to the grand juries ; that both parties should refrain from pro- secutions and vexatious arrests for petty and imaginary offenses ; that the}^ pledge themselves to do all in their power to bring offenders to justice, by having them arrested for offenses hereafter committed, and for all others upon which indictments should or might be found, by a legally constituted grand jury; that all questions growing out of claim titles should be referred to the legal tribunals for set- tlement ; that the troops should be withdrawn from Fort Scott at an early day. Although not so stated in the treaty, it was the distinct understanding that " by-gones should be by-gones," and that no arrests should be made for past offenses, and that a free state Marshal should be appointed in that district. This was the solemn pledge of the Governor, made at Rays- ville, upon which Montgomery and his men retired to their homes, and which were termed the " Secret Articles." But the peace thus established proved of short duration, as will soon appear. Although the object of this Convention was peace, still, when the Jayhawkers and Border Ruffians were thus brought together, it came near breaking up in a general fight. Governor Ransom, instead of seeking to qui§t the fury of passion and advising conciliation in his speech, began to arraign the Jayhawkers before the Convention as robbers and assassins, whereupon Judge Wright called him to order. Words not polite to ears refined passed between them, and they rushed towards each other. Friends interfered how- ever, and prevented a display of their pugilistic powers upon the stage. Had they clenched, doubtless the fight would have become general. 1857.] POLITICAL PARTIES. 527 CHAPTER XL VII. POLITICAL PARTIES. From the first advent of Governor Walker political ele- ments had been undergoing a change. The two great and hostile parties which had fought the battles of '55 and '50, began to disintegrate and divide, as an immediate conse- quence of the new policy of the Governor and, for a time, of the administration. The scheme of Walker for settling the vexed question in Kansas was a move of the conservative wing of the Demo- cratic party, endorsed by Douglas and his followers, to avert what they really believed would be the final result of forc- ing the Lecompton Constitution upon the people. It was at that time evident and incontrovertable that slavery could not be fastened upon Kansas by fair means and equally plain that the use of unfair means to effect this object would be attended with civil war and a disruption of the Federal Government. The policy of Governor AValker contemplated the aban- donment of the attempt to make Kansas a slave State ; and, instead thereof, to so shape and mould political elements in the Territory as to make it a Democratic State. The motto of Governor AYalker was, "Yield justice to Kansas in order to save the Union, annex Cuba and make slave States out of the South-western Indian Territory, to secure tlie final triumph of slavery." Says he to the President : 528 HISTORY OF KANSAS TERRITORY. " The extremists are trying your nerves and mine, but what can they say when the convention submits the cnsti - tution to the people and the vote is given b}^ them ? But we must have a slave State out of the South-western Indian Territory, and then a calm will follow ; Cuba be acquired with the acquiescence of the jSTorth, and your administra- tion having in reality settled the slavery question, will be re- garded in all time to come as a resigning and resealing the Constitution." " Cuba ! Cuba ! (and Porto Rico, if possi- ble), should be the countersign of your administration, and it will close in a blaze of glory." Governor Walker, upon his arrival in the Territory, at once applied himself to break up the two great Territorial parties, and gather together all the Democrats he could into one organization. With this end in view, he prepared his inaugural, which took the ground that climate forever pre- cluded slavery from Kansas, and hence, it was folly to con- tinue the contest about a matter already settled by the un- alterable laws of nature. The mass of the pro-slavery party, who never had been pecuniarly interested in making Kan- sas a skive State, readily abandoned the contest and became the followers of Walker. The more rabid, hov/ever, and ultra, who did not care a fig for the Union, and who were in constant communication with the traitors at Washington, soon became bitter opponents of the Governor, and favored forcing slavery upon the new State by injustice and fraud, regardless of the consequences. This is a very important point, not only in the history o f Kansas as making the beginning of the overthrow of slavery in the Territory, but also in the history of our common country, in clearly revealing the designs of subverting the Union by the slave propagandists, who pressed the Lecomp- ton measure, all the more zealous, as it tended to involve the whole country in war and destroy the general Government. We shall have occasion to notice with what pertinacity they urged the measure in Congress when we reach that period of time. 1858.] POLITICAL PARTIES. 529 The pro-slavery party in Kansas, almost en mass, at first manifested a disposition to fall in with Governor Walker's plan, even the most rabid remaining quiet though not al- together relishing his views. At the convention, held on the 3d of July, 1867, at Lecompton, the policy of Walker was endorsed, and a resolution to sustain the constitution, whether submitted to the people, or not, was tabled by a vote of 41 yeas, to 1 nay. But as quick as the Lecompton scheme was manufactured at Washington and transmitted to the Territory, the radi- cal pro-slavery men became loud in their denunciations of the Governor, as is shown by the convention on the 7th of December, whose action we have before narrated. It was then that this scheme of forcing slavery upon the people by fraud was clerely developed. This faction remained incon- siderable, as shown by their vote for State officers and, after the defeat of their darling project, affiliated with the Demo- crats. Political factions seldom survive a war of their own wag- ing. The free state party, which had presented such a solid and unbroken front to its adversaries, and so victoriously repelled armed invasion and aggression, that stood so united and firm against the combined forces of legislation, force and Federal authority, was not an exception to this rule, but perished in the hour of triumph. Disintegration in it can be traced to the time when Governor Walker declared that the October election should be conducted fairly and justl}', not under Territorial legislation but under the act of Congress, organizing the Territory. Though a division of opinion arose, with regard to contesting certain elections, still it preserved itself almost intact until after the October and January elections, which it carried with strong majori- ties. The cause of division among the free state men was not in the ends to be attained ; for all desired to make Kansas a free State ; but it was in regard to the best means for ac- 530 HISTORY OF KANSAS TERRITORY. complisliing that result. A few had held, from the time the question was first raised, that it was too^humiliating, and in- consistent with former resolutions and acts, to recognize in any way the Territorial authority. Others admitted that it was humiliating, but believed that by taking possession of the Territorial Legislature, they would disarm their enemies, and could turn their efiective battery upon them ; that sac- cess was what they sought, and hence were willing to hum- ble themselves that they might be exalted ; that having taken possession of the Territorial Government, they would more likely and easily accomplish the object of the Topeka State organization. "When the Territorial Legislature met at Lawrence strong eftbrts were made by the firm adherents to the State move- ment to prevail upon that body to remove legal obstruc- tions in the way of the full and practical establishment of the Topeka State Government, and to co-operate in uphold- ing and maintaining it. But the Territorial Legislature, though strongly free state, declined to run^the risk of sup- planting itself — a legal body — by one not so recognized by the Federal Government. The State Legislature adjourned, after remaining in ses- sion about ten days, with the understanding that it would re-assemble at Topeka on the 4th of March, then and there to complete and perfect the State Government, if the Ter- ritorial Legislature should open up the way. But the Leg- islature had made difterent provisions, and public opinion with reference to the Topeka Government had continued to change. " It was now generally conceded that the Topeka Constitution was but a temporary expedient to afford a ral- lying point and shelter to free state men while contending against slavery and oppression; that the emergency for which it had been framed, was past, and it had better be abandoned, as a more regular and unobjectionable course could be pursued in order to attain the same object. The Territorial Legislature, therefore, instead of putting 1858.] POLITICAL PARTIES. 531 forward the Topeka Government, provided for a convention to frame a new constitution, with all the safe-guards and regularities of law. Thus, it was thought, that the objec- tions to the Topeka and Lecompton Constitutions would be obviated, and a speedy and safe admission of Kansas into the Union secured. There was also much prejudice entertained against the Topeka Constitution by the free State Democrats, who re- garded it as irregular and partisan in its formation. B}'- calling a new convention these prejudices would be removed and all free state men united in supporting and pushing forward a State Government. A few still clung to the Topeka State organization and, hence, when the time arrived for the Legislature to con- vene, according to the provisions of the constitution, on the 4th of March, these few assembled at Topeka. But the leading men ot its originators had deserted it, and were not present. Xo quorum presenting themselves, those present appointed a committee to prepare an address to the people, and adjourned. Thus ended the Topeka free state govern- ment — deserted and abandoned by those who originated it. It never had any vitality, nor was it designed to have, until Congress should impart it by a recognition of it, as embody- ing the will and wish of the people of Kansas, or until it was ascertained that all peaceable remedies had failed, and forcible resistance furnish a prospect of success in ridding themselves of the foreign legislature , fraudently thrust upon them. It can scarcely be termed a government ; for it never had more than a passive existence. Its originators were neither revolutionists nor traitors, but freemen, who had resorted to it as a measure to throw off oppression. They held the Topeka Constitution up before Congress, and asked that body to clothe it with authority and power, When the difficulties, which it was designed to meet, were removed, it was wisely abandoned. The delegates (lOl^in mimber) to the Constitutional Cod- 532 HISTORY OF KANSAS TERRITORY. vention were elected by about 9,000 votes. ISTo great in- terest was manifested in the matter, as considerable doubt was thrown upon the legality of the act creating the con- vention. The bill was sent to the Governor, who retained it without sending in his objections. The House at the ex- piration of the time given him to retain it, as was sup- posed, passed action upon it again and adjourned. But upon a more thorough investigation of the length of a legal day, it was found that they had adjourned before the expi- ration of the time allowed the Governor to return the l)ill. The convention assembled at ISIineola on the 23d of March, and on the second day adjourned to Leavenworth. It was in session eleven days, and adopted a constitution similar to the one framed at Topeka, leaving out some of its objectionable features. It was characterized by a more radical and liberal spirit. The rights of women in property were better protected ; all male citizens over twenty-one years of age were entitled to vote ; schools were to be thrown open to all colors. The constitution was to be sub- mitted to the people for their ratification or rejection, on the third Thursday of May, and an election held at the same time for State oflicers under it. A copy of it was to be forwarded to Congress upon its ratification, and if Kan- sas was admitted as a State under it, the State Government was to go into immediate effect. According to the call of the " Concentrated Committee," a convention was held at Topeka on the 28th of April to nominate candidates for State offices. The following- ticket was framed : Governor, II. J. Adams ; Lieutenant Governor, C. K. Holliday ; Secretary of State, E. P. Ban- croft; Treasurer, J. B. Wheeler; Auditor, G. S. Ilillyer ; Attorney General, C. A. Foster ; Representative in Con- gress, M. F. Conway ; Superintendent of Public Instruc- tion, J. M. Walden. The convention passed a resolution to the effect that if Kansas should be admitted into the Union under the Lecompton Constitution, then pending before 1858.] POLITICAL PARTIES. 533 Congress, without a condition precedent, that said consti- tution, at a fair election, shall receive the ratification of the people of the Territory, then they should put the Leaven- worth Constitution and Government under it into active operation and support, and defend the same at all hazards. They instructed the people to vote for or against negro suffrage, and mixed schools of colored and white childreu, assuring them that such an action would operate as in- struction to the first Legislature, to provide for the consti- tution in that respect. The nominees of this convention, of course, were elected. The constitution was adopted. But the vote was exceed- ingly slim, as a great many free state men either did not inter- est themselves in the matter, or threw their influence against it. There were about 3,000 votes for it and 1,000 against it. The cause of this indifference was the doubts about its leo:al- ity, the objections many had against it, and election on the English bill which engrossed the attention of the public. Before the Constitutional Convention adjourned at Leaven- worth, advices from Washington assured the free state men that there was no hope in Congress for the success of the constitution thus framed, from the fact that there had been no enabling act passed by that bod}- authorizing the call for the Constitutional Convention. It was in consequence of this assurance that the movement was treated with such in- difference; but the Leavenworth Constitution lingered along, and finally reached the Senate of the United States. It was presented to that body with a petition asking the admission of Kansas under it, on the 6th of January, 1859, and found a grave in the Committee on Territories. On the 2d of August, 1858, the election on the Lecomp- ton Constitution as proposed in the English bill, was held. A general interest was manifested and the people, irres- pective of party, cast their votes against it. The proposi- tion was rejected by 11,300 to 1,788 votes, making a ma- jority against it of 9,512. Thus was this insulting proposi- 6b^ 534 HISTORY OF KANSAS TERRITORY. tioii made by Congress, to bribe the j^eople of Kansas and control their action, indignantly cast beneath their feet. The previous Legislature, among the many oversights of which it was guilty, failed to make any new apportion- ment ot representatives in their body. Eiforts were made to remedy this, by inducing the Governor to make a new apportionment himself, or call an extra session of the Leg- islature for that purpose. He replied that he had no au- thority to make the apportionment himself, nor would he call an extra session of the Legislature, as he would have no guarantee that they would attend to the matter when assembled. Accordingly the election was held under the old unfair and unjust apportionment. The free state party, including the Republicans, who had not formally separated from it, carried the election with large majorities. The disintegration of the two great conflicting parties, which had been going on for more than a year, was com- pleted this fall. The pro-slavery party really became de- funct in the fall of '57, but the radical element of it con- tinued to cherish a hope from the Lecompton Constitution. When it was hurried beneath the ballots of an outraged people, the last light of the pro-slavery party, which had kept the nation in commotion for four years, was extin- guished. Its members, after the party itself became inac- tive, lavored with free state Democrats. Immediately after the October election, (1857), a call was made by the Chairman of the Central Committee for a free state delegate convention, to be held at Lawrence on the 11th of November, 'Mo discuss various questions connected with the present political organization of the Territory, and to determine the true policy of the party ;"'' to consider the question of the speedy admission of Kansas into the Union as a free State." It seems not to have been gene- rally attended, but developed clearly the design and wish of partisans to organize the Republican party. On the other hand, there was a large portion of the free state men 1858.] POLITICAL PARTIES. 535 opposed to its organization, consisting of two classes — those desiring the preservation of the free state organization until Kansas should be admitted into the Union, and those who were tornieriy Democrats, and were opposed to Re- publicanism on national issues. All sincerely desired Kansas to be a free State, but all felt there was no question as to that result. The point of ditference arose in the desire for individual advancement and party renown. Some wished the "Old Free State Party" to remain a unit until the ((uestion was fully decided by the admission of Kansas into the Union, and thus let it have the honor of triumph. On the other hand, a great number declared that the question had already been decided, the contest was over, and the results would come in due time, and being in a majority, Republicans, favored the organization of that party, while outside influence was brought to bear to accomplish the same object. As an oftset to this eftbrt to organize the Republican party an attempt was made to reconstruct the Democratic party in such a way as to engraft the Democratic element of the free state party upon the conservative trunk of the pro- slavery party of Kansas. It was claimed that slavery was no longer an issue, and that the most radical had aban- doned their efforts to make Kansas a slave State ; that by (organizing under the ensign of Democracy, and upon the basis of the old pro-slavery party, which had always pos- sessed the ear of the Administration and influenced its ac- tion, they — the conservative Democrats of Kansas — could thus retain all the influence of the defunct pro-slavery party, and control the politics and elections of Kansas, despite the Republicans. This all seemed very satisfactory, but it was with great difliculty that a platform was con- structed upon which such incongruous elements could unite, at a convention held for that purpose at Leavenworth, on the 24th of November, 1857. The platform was rather a non-committal aftair, favored excluding free negroes from 536 HISTORY OF KANSAS TERRITORY. the State, and denied the sovereign power of Congress over the Territories. The movement, like the elfort to organize the E,epublican party, was a faihire, the free state men re- garding it as an efibrt on the part of the pro-shivery men to retain their power and controL But, nevertheless, like the Republican efiort, it gave direction to public sentiment and around its ensign, around which had rallied the Ruf- fians of '55 and '56, rallied the tree State Democrats of '58, But these primary attempts to reorganize the old na- tional parties in the Territory, gave shape to public senti- ment. New comers arriving, knew nothing about the old organizations, and readily fell in with the new. In fact, by the spring of '58 there were more new emigrants than than those who were here during the troubles. In the spring, therefore, the people were ready for the or- ganization of these two great national factions. A strong effort was made by some to preserve the unity of the free state party. A convention was held at Big Springs on the 12th of May, 1859, and an attempt made to rally to its standard free state men, and reorganize the other forces of old party. They passed a resolution that it was the duty of all free state men, as in '55, to eschew minor diflierences and political distinctions, and unite upon the broad platform of laboring together to make Kansas a free State. But the effort was vain. The free state party, like the Topeka Constitution, was buried in the place of its birth. It had been a power in its day, but, having served the purpose for which it was created, it was abandoned. It is worth observing that those who most strongly con- denmed the adherents to the Topeka Constitution were them- selves the tenacious adherents to the free state party. While, on the other hand, those who favored putting the Topeka government in advance of the Territorial Legisla- ture, on failing in this object, endorsed the Leaven- worth Constitution, failing again, triumphed in organizing the Republican party. 1859.] POLITICAL PAETIES. 537 The Democratic party, composed chiefly of those who affiHated with the pro-slavery party, perfected its organiza- tion at Lecomptonon the 11th of May, 1859. They neither endorsed nor condemned the Administration, but adopted the principles of their party as enunciated by Jefferson and Jackson. They denounced the Lecompton Convention movement, were for excluding free negroes, &c. The Republican party was fully organized at Osawatto- raie the 19th of May. Horace Greeley was present and made a speech. The convention adopted resolutions condemn- ing the Administration and opposing the extension of slavery, but did not assume the radical and partisan char- acter which Mr. Greeley desired. There was but little difference in the platforms of the difterent parties. The slavery issue — the great national issue — was not at all applicable to Kansas politics, as it had long before given up the contest. Tlie organization of these parties was the inauguration of that confusion and personal bitterness that has always characterized Kansas politics. Her early troubles attracted to her soil men of talent and ambition. iSTever could a new Territory boast of so many able and enthusiastic young men. The trou- bles had made them querulous; when these had subsided each one was ready to cast everything aside that stood in the way of his aspirations. Xo party nor principle could carry them through, for there was little distinction in par- ties ; they were but in their infancy. OfHce-seeking, there- fore, became a personal strife, an individual contest between men of equal merit and ability. The Territorial Legislature convened at Lecompton on the 3d of January, 1859, and on the following day ad- journed to Lawrence. A. Larzalere was elected Speaker of the House, and C. W. Babcock President of the Council. This body was composed of more experienced and efficient men than its predecessor. They applied themselves know- ingly and earnestly to their work. A committee was ap- 538 HISTORY OF KANSAS TERRITORY. pointed to codify the laws, who reported from time to time during the session for the action of the Legislature. In their final report they say: "The enactments of 1855, known as the ' Bogus Statutes,' have heen supplied, and are ready for repeal — a consummation long looked tor and earnestly desired by a large portion of the people of the Territory. The general laws of 1857 are ready for the same fate. The laws of 1858, to which we were confined as a basis, have been revised and supplied. The code ot civil procedure remains substantially the same." On account of the treaty made b}^ General Denver at Fort Scott in the spring, he became unpopular with the Democratic party, and in consequence of this, the Adminis- tration being unable or unwilling to sustain him, he resigned in October. In December, Samuel Medary was appointed Governor. He was a native of Ohio, and formerly editor of the " Ohio Statesman." On the accession of Mr. Buchanan to the Presidency, he was appointed Governor of the Territory of Minnesota, which position he filled until it was admitted into the Union as a State. He was then made postmaster at Columbns, Ohio, from which he was transferred to the Governorship of this Territory. He was a man of ordinary abilitj", arid a devoted follower of the Administration. He remained Governor until after the State was admitted into the Union, and resigned a short time before the State Gov- ernment went into effect. 1858.J TROUBLES IN SOUTH-EASTERN KANSAS. 539 CnAPTER XLVIII. TROUBLES IN SOUTH-EASTERN KANSAS. The difficulties in south-eastern Kansas continued, not- withstanding tlie treaty ofl'ected by Governor De'nver. Personal encounters, neighborhood broils, thieving and rob- bing were in no way abated. It would require a volume larger than this to contain a full account of the many frightful rencounters, horrid outrages, and shocking mur- ders that belong to the history of that part of the Terri- tory. I can only give a brief sketch of leading items of a general character, and leave the others for the writers of biography and romance. Prom the fall of 1856 the wdiole of south-eastern Kansas was in constant state of excitement, overrun by predatory bands oppressing free state men, who would rise in mass at times, and retaliate upon pro-slavery settlements for harboring the Ruffians. This would be fol- lowed by other acts of retaliation, and thus a continued tumult, or civil war, prevailed. Soon after the treaty, two free state men who liad some horses stolen by a party of nuiurading Missourians went over into Missouri in hope of recovering them, and when near Papinsville were taken prisoners, led into the woods and shot. They were left for dead, but one, though badly Avounded, finally reached his liome in the Territory. The settlement on the Little Osage was visited b}' a second foray of ]\Iissourians and plundered, shortly after the above oc- currence. Secret societies were formed among the pro- 540 HISTORY OF KANSAS TERRITORY. slavery men for tlie purpose of assassinating the leading characters whom they feared. In accordance with this plan, Montgomery's house was assailed by about thirty men. The}^ secreted themselves near the cabin, and when the door was opened, fired a volley of buck-shot into the room, some of which hurried themselves in a bed on which was lying Mrs. Montgomery and her child, while others specked the surrounding walls, but fortunately injuring no one. The door was instantly closed, lights extinguished, Montgomery and Eegai flew to their arms and stood by the port-holes of the cabin, eagerly peering out into the darkness for the enemy. The Ruffians dared not show themselves, and judging from the silent darkness of the room that Mont- gomery was prepared for them, they evidently thought best to retire. After various attempts of this kind. Captain Montgomery gave his boys privilege to operate against the enemy in their own way, V\^ho soon cleared the country of these roving bands, and in some instances severely chastised them, although he himself remained at home, still observing the terms of the treaty. Next followed the arrest of Marshall, one of Montgom- ery's men, on an old writ issued before the treaty. This highly incensed his neighbors, who reported the aftair to Montgomery, and solicited his interference. He immedi- ately wrote to Marshal Campbell that this act was a breach of faith, demanded tljc release of Marshall, and intimated the consequence in case of a refusal. The prisoner was in- stantly raleased. During the summer, emigrants arrived in vast numbers from the free States, and prosperity began to dawn upon this unhappy people. Comparative quiet reigned, with the exception of some robbing and stealing, tl^ough hostile feel- ings still rankled in the breasts of many settlers. Slavery clung to south-eastern Kansas with a tenacious grasp, in order to preserve for its heritage the broad and fertile lands included in the Indian Territory. "WTienever it 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 641 should be thrown open to settlement, slavery would again be defeated. In ISTovember, a free state man by the name of Rice was arrested, for an ofiense committed early in the spring, during the troubles, and thrust into the jail at Fort Scott. Montgomery, regarding this as his neighbors did — a violation of the treat}' — made a demand for his release, which was defiantly refused. A few gentlemen on the Osage, apprehending a renewal of difficulties, interceded to prevent the threatened calamity, and, at their instance, a convention was called at Raysville, with a view of bringing about a reconciliation. At this meeting, the Fort Scott gentry repudiated what was termed the secret article of the treaty, viz : that no indictments nor arrests should be made for past ofienses. There was, therefore, no com- promise effected, but the convention broke up with every indication of a brewing storm. John Brown, with his party ot men, had fortified them- selves m a log house not far from Montgomery's, and on his claim. They had come down in the spring to assist the free state men, and, after the treat}'-, had retired to this fort to await developments, giving their neighbors the assurance that they had settled there to be peaceable or to fight, just as they were treated. Brown had around him the same men that accompanied him to Harper's Ferry, who, like their leader, were brave, fearless and determined ; but un- like him, were actuated by the love of adventure instead of a heavenly calling. As Montgomery was returning from the Convention, he was informed that Brown's fort had been menaced with destruction. He hurriedly collected fifty men, claimed the log house as his property, and proposed to defend it as such. The following day McDaniel, with four hundred men, came to Montgomery's, and solicited a conference^ for the purpose of seizing him. Montgomery and his men were in the house, prepared for an an attack, but did not go out. His wife, who was in the yard, to whom McDaniel had directed 66 542 HISTORY OF KANSAS TERRITOR . his remarks, replied that she presumed ii he would come in a civil manner, without an armed band, that her husband Avould readily comply with his request ; but, as it v/as, if he wished to see her husband, he would have to enter the house. McDaniel, viewing the dark port-holes of the fort- like constructed cabin, and fearing that it was tilled with the contents of the Trojan horse, had not the courage to approach the door, so he retired v/ith his force. It is proper to remark tliat McDaniel was a free state Democrat, belonging to that party which was organized at Leavenworth, the members of which, together with those who adhered to the Old Free State Party, w^ere opposed to Montgomery with as much hostility as the pro-slavery men. They slandered and abused him and his men in public prints, representing them as thieves, robbers and assassins, and sought their destruction more from political animosity than personal grievances. The Republicans warmly en- dorsed Montgomery and his associates in all their actions, with few exceptions. The free state Democrats, seeing that they could not de- stroy Montgomery, whose influence in that section of the Territory was unbounded, concluded it best to win him over to their favor. McDaniel, accordingly, returned the next day alone, and was at once admitted to an interview. He assured Montgomery that the free state Democrats had agreed to endorse his conduct, proposed a public coventiou tor that purpose and invited him to attend. Meantime, Brown drew up a series of resolutions that should serve as a basis of affiliation. These were presented at the meeting and adopted. The most important one pro- vided that ^' those violent pro-slavery men who had been forcibly expelled from the country, should be forever kept away, as a just punishment for their many aggravated crimes."' The coilvention fully endorsed Montgomery and his men, and received them into fellowship. Montgomery, having not yet abandoned the resolution to 1858,] TROUBLES IN SOUTH-EASTERN KANSAS. 543 release Rice, remained quiet a short time, that the gentry at Fort Scott might be off their guard. On the night of the 15th of December, he and sixty-eight men, with one piece of artillery, through darkness, snow and ice, wended their way to that village, and arrived on its outskirts about sun- rise. Here he halted, separated tlie men into three divis- ions, and assigned them their respective duties. The iirst was to seize the prominent citizens and hold them prison- ers ; the second was to form around the hotel ; and the third was to enter and release Mr. l\ice. It had been reported by the Ruffians that they had forty men in the hotel, guarding the prisoner, who could fire twenty times a piece without stopping to reload. Every division performed its part- most perfectly. Captain Montgomery, who had been previously informed of the prisoner's position, through a gentleman who had been permitted to carry an exchange of clothing to him, headed the party which entered the building. The doors were easily kicked open, except tho one opening into the prisoner's room, which was beaten down b}' a bed railing. The prisoner was found, and the staple holding his chains was loosed with an ax. The party and prisoner safely descended to the street. Meantime, the other divisions were performing tlieir work. J. II. Little had opened his store door and lired at the free state men, wounding Captain Seaman. The shot was instantly returned, the ball lodging in a volume of the Kansas bogus statutes. The store was then surrounded. Little, while peeping from a transom window, was killed by a shot in the forehead, scattering his brains on the floor — just one year from the day he attempted to capture the free state court. The assailants had determined, in case any resistance was offered, to burn the town. Accordingly, order was given for the store to !)e set on fire, and the torch was applied. But, on the second thought, Montgom- ery concluded, as his men were in needy circumstances, and, knowing that the store-room contained some good 544 HISTORY OF KANSAS TERRITORY. clothing, thought it best to first supply thera wiih a nevr suit, 60 the fire was extinguished. It not being safe to enter the house by the door, the cannon was brought to batter tJhe building down. But at the intercession of Dr. Little, and some women in the house, the piece was not fired. The inmates were ordered to abandon the building, whicl: they did. The boys then entered the house, helped them- f^elves to clothing, but the money in the safe was not touch- ed, at the request of Montgomery. Captain Brown had accompanied the expedition on the first part of the journey ; but when within a few miles of Fort Scott he asked Montgomery what was his plan of at- tack, to which the reply was given, that he had none ; he refused to go any further, having no faith in the project without a well arranged plan of operating. Upon the re- turn of Montgomery and his men, he congratulated them on their success, praising the mode in which the assault waa conducted. Montgomery seldom arranged his plan of at- tack in detail, leaving himself to shape his action as occa- sion might demand. Brown and his party then retired to Little Osage, where three days afterwards a fugitive slave stumbled upon their encampment, and immediately made known a tale of woe and sorrow, stating that " he, together with his wife, two children, and another negro man was to be sold within a day or two, and he begged for help to get away." On the following night Brown and his party went over to Missouri, liberated fourteen slaves, and returned with them and their efl'ects to Kansas. In this foray one pro-slavery man was killed. This occurrence produced a wonderful excitement all over the country. The Governor of Missouri ofl:ered a re- ward of $3,000, and the President of the United States §250, for the apprehension of Brown. Great fears were ex- perienced lest the Missourians would cross over and re- taliate upon free state men. Brown acted the part worthy 1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 545 of a hero, sendiug the negroes on to Osawattomie, while he placed himself and men on the Border, to shield his friends from the danger which he had occasioned. There he re- mained and watched until the storm blew over. He theil proceeded to Osawattomie, took charge of his train and set out for Canada. At Holton forty-two pro-slavery men made a charge upon him, but were badly routed and four taken prisoner, who were detained five days, not allowed to swear, and compelled to say their prayers every morning and evening. The following is an extract from a highly partisan letter, written by Judge Williams to Governor Medary, immedi- ately after the occurrences above noticed, and will show the state of feeling in Fort Scott at the time : " We are here with all the public records of the courts, the laud offices, as well as the private property of our citi- zens at the mercy of these outlaws and desperadoes. Wo have mustered some seventy men, partly armed ; with these we keep watch day and night. Our women and children, many of them both from town and neighborhood, have gone for safety to Missouri. Xight before last, our guard was fired upon by some of these bandits. We have been expecting another attack since the murder of Little, on the 16th inst., as these miscreants have been seen in small bodies hovering arouud us. They do not pretend to se- cresy of their designs. They openly avow them. They are about completing the last of these forts. We received information on yesterday, that Montgomery and Brown had forty men engaged in finishing the fort on Osage, so aa to defy the United States troops, should they be put into re- quisition to capture them. On the night before last, the same men attacked Brownville, quite a clever town, on the military road, about twelve miles from this place, and literally cleaned it out, both of inhabitants and property, leaving but one man in it unharmed, and robbing, of the last article, the store of Mr. Chance. Now I wish one thing to be noted as a fact indispensable. It is this ; that during last fall, winter and spring, and now this winter, there has been no instance of these outlaws troubling the many 546 HISTORY OF KANSAS TERRITORY. towns and cities laid out, and owned by the members and ao-ents of the " Massachusetts Emigrant Aid Society," and they drive out of the Territory and rob none but pro-shi- very men and national Democrats. These facts clearly show a systematic programme, made up by and emanating from headquarters. Before this fall Montgomery and Brown were the only head bandits ; now we have Osawattomie Brown and the man styled Rev. M. Brockman. Instead of two, making four companies of murderers, robbers num- bering about 200, oath bound to bloody purpose. This fall iii accordance with Mr. Seward's Rochester speech, the in- stitution of slavery has been boldly attacked in the States where it exists, by invading Missouri, murdering one of its citizens, carrying"oif some twelve slaves, robbing some five or six iamilies and driving them from their homes witli notice not to return on pain of death. This is the small domestic army familiarly talked of by Judge Conway, Mr. Wio-hman and their Massachusetts friends, in their corres- pondence of last fall, -when they sent for m.ore money, &c. The men composing these companies are nearly ail young- men, evidently sent to Kansas to do theworkin which they are engaged. They are well armed with Sharp's rifles, and two revolvers each. They do not pretend to work or have homes. In a word they are in a position of a standing or ready army, so that they boldly condemn the civil law. We have tried to execute writs, but so many are the sym- pathizers of these men, while others are held in fear, that, although about 100 writs have been issued on informations and indictments, not one can be executed. What, then, re- mains for the people of this region? It is for you to say, sir. I am clearly of the opinion that nothing but martial law carried out by the strong force of the United States can save this part of Kansas from utter prostration and ruin." The difiiculties in southern Kansas earl}- engaged the at- tention of the Legislature, at wdiose request the Governor presented a pro-slavery version of them. To remedy the evils in that pari of the country, the jurisdiction of Douglas county was first extended over the infected district, and the prisoners ordered to be brought to Lawrence for trial, away from the scene of strife. Montgomery went to Law- 1858.J TROUBLES IN SOUTH-EASTERN KANSAS. 547 reace and gave himself up for trial, while the Marshal was sent to arrest his men and bring witnesses. But it soon became apparent that this measure would avail little in re- storing peace and tranquility, and a general amnesty act was soon passed by the Legislature, to the following effect: " Section 1. That no criminal oifenses heretofore com- mitted in the counties of Lykin, Linn, Bourbon, McGee, Allen and Anderson, growing out of any political difference of opinion, shall be subject to any prosecution on complaint or indictment in any court whatsoever in this Territory. " Section 2. That all actions now commenced growing out of political differences of opinion shall be dismissed." This act taking effect immediately after its passage, par- doned and liberated the prisoners then in custody. Oon- siderable excitement prevailed on the following day, by the advent of Captain John A. Hamilton, in charge of sixteen free state prisoners. He was supported by an armed guard. He had not heard of the amnesty act, and was returning prisoners according to the directions of the Court. As they entered town, the cry was raised that this was Captain Hamilton, who committed the murders at Choetau's Trad- ing Post, whereupon a crowd collected and assaulted the new comers. The guard was disarmed, the prisoners res- cued and taken to the blacksmith shop, where their chains were cut off and they set at liberty. A general cry was made for Hamilton, and the whole town was, for a short time, filled with commotion. Several shots were fired, but fortunately no one was hurt. Quiet was however soon re- stored, by its being explained that this was not the mur- derer Hamilton, but a stanch free state man of the same name. The arms taken from the guard were never re- stored. In presenting the troubles of south-eastern Kansas, I have traced the oj)erations and movements of Captain Jas. Montgomery, as the best method to give a clear and con- 648 HISTORY OP KANSAS TERRITORY. secutive view of events. It should be remembered that others operated in that section of the country, such as Cap- tains Jennison and Bayne, who are frequently leaders of bands against the Ruflians. Many others performed indi- vidual exploits, met with frightful rencounters — in short, everybody, every settler, was a soldier, and waged war on his own hook. It would, therefore, be impossible, in a book of this size, to narrate all the personal incidents of import- ance and interest connected with this subject. Captain Montgomery was the Chief of Jayhawkers, and did more than all others in this mode of warfare, and whose move- ments are really historical. 1859.] VARIOUS ITEM8. 549 CHAPTER XLIX. VARIOUS ITEMS. The first Legislature at its second session in 1857, passed an act providing for the auditin,"; of claims, " for naoneys actually expended for the purpose of maintaining, and car- rying into effect, the laws of the Territory, or for the pur- pose of suppressing any rebellion or insurrection, whether sustaining the militia, or any other posse of the Marshal, or Sheriff of any county of the Territory;" for "the loss of property, or consequent expenses at and time since the passage of the act organizing the Territory," growing out of political difiiculties. " The act provided for the taking of testimony in sup- port of such claims, collections, and certificates of vouchers, and making a true and correct statement in duplicate of such accounts, and to be laid before the next Congress of the United States, and the other before the next Legisla- tive assembly of Kansas Territory, to the end that proper and united effort might be made to obtain from Congress compensation and indemnity for the losses, expenses and damages incurred by the citizens of the Territory, without distinction of party." Hon. Wilson Shannon was first appointed to audit these claims, but declining to serve, Hon. H. J. Strickler was chosen to fill his place. Having given proper notice to 67 550 HISTORY OF KANSAS TERRITORY. claimants, he held sessions to hear and receive testimony, and audited claims in various localities in the Territory during the month of September, October and x*[ovember. "Accordingly, three hundred and fifty claims were present- ed under oath, with corroborating testimony of two or more witnesses." The amount claimed by this report was ^301,- 225, and ^254,279 28 were allowed, Thirty-eight thou- sand nine hundred and forty-two dollars and ninety cents of this were of the public class, and the remainder of a private character. This report was submitted to the Legislature in 1859, and ordered to be printed. The report, though impartially made, was imperfect, from causes over which the commis- sioner had no control. Many had no faith in the plan of indemnification ; others were politically hostile to the com- missioner, and would not appear before him ; no provisions were made to compel the attendance of witnesses and con- sequently the proof rested on interested testimony. The Legislature, therefore, determined to provide for ascertain- ing more fully and correctly the losses sustained by the set- tlers during the troubles in the Territory. An act was accordingly passed providing for the appoint- ment of three commissioners, one by the Governor, one by the Council, and the third by the House of Representatives of the Territorial Legislature, Avhose duty should be " to audit and certify all claims for the loss of property taken or destroyed, and damages resulting therefrom, during the disorders which prevailed in this Territory from November 1, 1855, to December 1, 1856.'' They should fix the times and places of holding their sessions, prescribe such rules and regulations concerning the taking of testimony as they should deem proper, were empowered to appoint clerks and enforce the attendance of witnesses. Tliey were required to take an oath to support the Constitution of the United States, the organic act, and to faithfully discharge their duties. They were required to examine the evidence taken 1859.] VARIOUS ITEMS. 551 by the former commissioner, and adopt or reject it, as they should deem just and right. The provisions of this act ap- pUed onl}^ to those who Avere settlers at the time the losses occurred. "Upon the completion of the te&timony and the record- ing of the award in each case, the commissioners shall, upon the demand of the claimant, deliver to him a certificate of such decision or award. And on or before the first day of September, 1854, said commissioners shall close their pro- ceedings under this act, and make up and file in duplicate in the office of the Secretary and in the office of the Audi- tor of the Territory, a statement of all claims presented, and the amount, if any allowed thereon ; and they shall also file in the office of the Secretary of the Territory, all testi- mony, vouchers, papers and documents pertaining to their investigations." It was made the daty of the Constitutional Convention afterwards to assemble to make suitable provisions for the payment of these claims, by the Federal Government, by incorporating in the ordinance to be submitted with the Constitution, a provision to that eftect. By a supplemen- tary act an attorney was to be appointed by the Legislature to attend the commissioner to assist in the investigation. Accordingly the Council elected H. J. Adams; the House, S. A. Kingman, and Edward Iloagland was appointed by the Governor, as the three commissioners. On the recom- mendation of Governor Medary, William McKay was elected attorney by the joint votes of the Legislature. This committee faithfully and fully discharged their du- ties. They examined witnesses, received testimony and passed judgment upon four hundred and eighty-seven claims. Only one hundred and ninety-six of those audited by Mr. Strickler were presented to this 13oard. The mass of testimony, fully revealing the private designs and work- ings of individuals, and the fearful character and extent of the troubles in Kansas, through two of the most boisterous 652 HISTORY OF KANSAS TERRITORY. years, was published by order of Congress, making two large octavo volumes, of eight hundred and ninety-two pages each. It furnishes valuable material to the historian in forming a correct conception of the Kansas wars. The testimony was taken when the issue which caused the troubles no longer existed, and political excitement had died out. It was prepared by three gentlemen well quali- fied for the work — noted for their exactness, magnaminity, and justice. Mr, Hoagland has since died, Mr. Kingman has become Judge of the Supreme Court of Kansas, and Mr. H. J. Adams has occupied various positions of public trust. According to this report, losses were claimed by the set- tlers to the amount of $479,973.92 ; and the Commissioners awarded, and issued certificates for §454,001.70. Of this allowance there was $37,349.71 for crops destroyed ; sev- enty-eight buildings were burned or torn down; three hun- dred and sixty-eight horses, and five hundred and thirty- three cattle were taken or killed. Out of §412,978.03 of this property destroyed, $77,198.99 were owned by pro- slavery men, and $335,779.04 by free state men. The amount of property taken or destroyed by pro-slavery men was $318,718.63; that taken or destroyed by free state men was $94,529.40. Thus it will be seen that each party took, or destroyed, property in an inverse proportion to the amount lost and the amount owned. The pro-slavery men did not own quite one-fourth as much as the tree state men, and destroyed almost four times as much. The free state men lost more than four times as much as the pro- slavery men, whereas, they only destroyed a little more than one-third as much. The Commissioners calculated that fifty thousand dollars more would cover the losses of all whose claims might thereafter be established. Then the total amount of prop- erty, proven to be destroyed during the Kansas troubles, would have reached the neighborhood of five hundred thou- sand dollars. 1859.] VARIOUS ITEMS. 553 This report accompanied the Wyandotte Constitution to Congress, with the request that Congress " appropriate five hundred thousand dollars, or in lieu thereof, five hundred thousand acres of land, for the payment of the claims awarded the settlers of Kansas, by the Claim Commissioners." But Congress refused to make this appropriation, and thus the people of Kansas Territory not only suffered from anxi- ety, privation, oppression and outrage, through the inactivi- ty of the general Government, which was then acting the part of a guardian towards her, but also the loss of five hun- dred thousand dollars worth of property. According to the provisions of the act providing for the adjustment and payment of these claims, making it "the duty of the Auditor of the Territory, upon the delivery to him of any certificate of award given by the said Commis- sioners, to draw his warrants on the Treasurer of the Terri- tory in such sums as may be required, for the amount therein named, in favor of the party to whom such award has been made, or to his order, and deliver the same on de- mand." The Auditor issued warrants of the above character to the amount of $349,933,63. The Treasurer, agreeable with an act providing for the funding of the Territorial debt, issued Territorial bonds on the face of the warrants, to the amount of §95,700 00, the law limiting the amount of debt to be thus funded to $100,000,00. These should bear in- terest, payable annually, and the principal should be paid in 1864, in ISTew York. But it seems not to have been the design of the legislators or a majority of them, in any way to saddle this debt upon the Territory, and make it responsible for the payment of the same, in the event that Congress did not assume it. Hence, matters became very embarrassing by the action of the Territorial officers, whereby almost one hundred thous- and dollars of this debt was taken up in bonds, for the pay- ment of which the faith of the Territory was pledged. The 554 HISTORY OP KANSAS TERRITORY. subject engaged the attention of the Legislature in 1860, which failed to take any action upon it. The last Terri- torial Legislature appointed a committee to investigate the whole matter, which reported adverse to the payment of the bonds, and the Legislature passed an act in accordance with the report, but which failed to become a law, in con- . sequence of the Governor's veto and the admission of the State into the Union, while the subject was under consider- ation. But the same act became a law the March following, by the action of the State Legislature. This was not the only sacrifice made by the free state men of Kansas Territory. There was the State Govern- ment inaugurated in 1855, passively sustained and upheld for two years, costing days of hard labor, expense or travel- ing and loss of time. The old Executive Committee was authorized to issue script to the amount of §25,000,00, and §15,265,90 was thus employed in organizing the free state goveL'nment. The constitution empowered the State au- thorities to issue script, the full amount of which cannot be determined. The fate of that State Government was pledged, but it perished insolvent, and to-day can be found in many a Kansas cabin relics of its " departed worth." Conventions or elections were held almost every month ; the Territory was canvassed, arms and ammunition pro- cured, defenses constructed and soldiers maintained. Crops were not tended, stock fared no better fate. The people of Kansas, after having spent all they had, appealed to friends in the States, who generously responded. In accordance with the provisions of the English Bill, the Legislature passed an act for calling a convention to frame a constitution. ?lO ascertain whether the people wished a State Government, an election was held on the fourth Mon- day in March. At this election, 5,306 votes were cast in favor of it, and 1,425 against it, making a majority in favor of a constitution and State Government of 3,881. Being but little division of public sentiment upon the matter, there 1859.] VARIOUS ITEMS. 555 was no contest at the polls, which will account for the smallness of the vote. In pursuance with an act calling the convention the Gov- ernor announced this result, and issued his proclamation calling for an election on the first Tuesday of June for fifty-two delegates to the Constitutional Convention. At this election the highest number of votes was cast that ever was polled before in the Territory — about 14,000. These delegates met, in conformity with the law, at Wyandotte on the 5th of July. The following officers were elected: J. M. Winchell, President; J. A. Martin, Secre- tary ; J. L. Blanchard, Assistant Secretary ; G. F. "VVarren, Sergeant-at-Arms ; Ariel Draper, Reporter ; Rev. ]\I. R. Davis, Chaplain. The following list of committees was appointed : Pre- amble and Bill of Rights, Ilutchingson, Lillie, Han way, Perry, John "Wright ; Executive Department, Greer, Porter, Duttou, McDowell, Hubbard; Legislative Department, Thatcher, Arthur, K C. Blood, McClelland, Brown ; Mi- htia, Blunt, May, T. S. Wright, Hubbard, J. Wright ; Ju- dicial Department, Kingman, Thatcher, Burress, Greer, Blunt, Lillie, Perry, Slough, Stiuson, Parks, Wrigley ; Elec- tors and Elections, Towusend, Porter, May, Palmer, Arthur, Slough, Wrigley ; Schedule, Burress, Middleton, Ritchey, Hanway, Williams^ Ligalls, McCullock, McDowell, Hippie; ^ Apportionment, Preston, McCullock, Graham, Palmer, Thatcher, Arthur, Moore, Crockett, Ritchey, Hoft'nian, Ross, McDowell, Stiarwalt; Corporations and Banking, Graham, Burress, J. Blood, Lamb, Middleton, Stolks, Blunt, Crocker, Burnet, Griffith, Slough, Barton, Perry ; Educa- tion and Pu'blic Instruction, Griffith, Middleton, Stolks, Houston, May, McClelland, Hippie ; Coanty and Township Organizations, Ritchey, L. S. Wright, Preeston, McCullock, Moore, Simpson, Brown ; Ordinance and Public Debt, J. Blood, Dutton, Kingman, Hangman, Hanway, llofiman, Burnet, Ilutchingson, Lamb, Preston, N. C. Blood, Gra- 656 HISTORY OF KANSAS TERRITORY. ham, Stinsou, McCune; Finance and Taxation, Simpson, N". C. Blood, Crocker, Hutcliingson, Palmer, Signer, Lamb, Hoffman, Porter, Stinson^ Foster; Amendments and Mis- cellaneous, Houston, Eoss, Ingalls, Signer, "Williams, Bur- net, Forman ; Federal Relations, T. S. Wriglit, Hodson, Stinson, Palmer, Forman ; Phraseology and Arrangement, ik Ingalls, Boss, Kingman, Stolks, Button, Porter, Townsend, Griffith, Lillie, Stiarwalt, Barton, Perry, Foster, McCune, Parks, This is a very important assembly in the history of Kan- sas, as it laid the foundation of the State Government. It was composed of talented and experienced men of both parties. The rights and privileges of women and negroes called out considerable discussion. Petitions were received by the convention from ladies of various localities in the Terri- tory, asking that no distinction should be made in the rights and privileges of the sexes, which were referred to the Committees on Judiciary and Elective Franchise. The fol- lowing is the report upon the subject by these committees, submitted by Judge Kingman : "Your Committee concede the point in the petition, upon which the right is claimed ' that the women of the State have, individually, an evident common interest with its men in the protection of life, liberty, property and intelligent culture ;' and are not disposed to deny that sex ' involves them in greater and more complicated responsibilities.' But the Committee are compelled to dissent from the conclu- sion of the petitioners. They think the rights of women are safe in present hands — the proof that they are so, is found in the growing disposition on the part of different Legislatures to extend and protect the rights of property, and in the enlightened, progressive spirit of the age, which quietly but efficiently has its effect upon the legislation of the day. Such rights as are natural are now enjoyed as fully by women as by men. Such rights and duties as are merely political in their character, they should be relieved from, that they may have more time to attend to those 1859,] VARIOUS ITEMS. 557 'greater and more complicated responsibilities,' Avhicli pe- titioners claim and your committee admit, devolve upon Avomen. "The theological view of this question, your committee will not consider." When the subject of elective franclnse came up, a feeble and ineftectual effort was made to strike out the word " male.-' There were but few in the Convention who favored women's rights. The negro occasioned considei-able jarring in the Conven- tion. Two attempts were made to exclude him from the Territory, but such motions were tabled, first by 26 yeas to 21 nays; and the second time by 28 yeas to 20 nays. Mr. Blunt, who voted in the negative, did so, not because he favored tlie measure, but desired it brought before the peo- ple. The vote on ^excluding negroes from the public schools stood as follows : Yeas — Brown, Barton, Foster, Forman, Greer, Hippie, Hubbard, Kingman, Moor, McDowell, McCune, McClel- land, Parks, Porter, Slough, Stinson, Stiarvvalt, J. Wright, Wrigley, T. S. Wright— 20. ]!^ays — Arthur, Burnet, Blunt, Burriss, J, Blood, X. C. Blood, Cracker, Button, Graham, Griffith, Hutchinson, Hanway, Hoffman, Houston, Ingalls, Little, Lamb, Middle- - ton, McCullough, Preston, Palmer, Ritchie, Eoss, Signor, Stokes, Simpson, Thatcher, TownsenJ, Williams — 29. Upon a resolution, endorsing the Fugitive Slave Law, the vote stood the same way, except Messr^lvingman, Por- ter and T. S. Wright, voted in the negative. On motion to strike out the word " white" from the clause on the quali- fication of electors but three voted in the affirmative, Hutchingson, Ritchie and Stokes. But one voted against the clause prohibiting slavery in the State — Mr. Forman, of Atchison. Strong eftbrts were made to extend the northern bound- ary of Kansas, so as to include all that portion of Nebraska 68 558 HISTORY OF KANSAS TERRITORY. south of the Platte River. A delegation, representing the people of southern Nebraska, attended the convention and strongly urged the measure. The proposition was rejected by about the same votes which controlled the action on the exclusion of the negro. The question of locating the temporary seat of govern- ment, engaged a good share of the attention of the conven- tion. Strong electioneering was practiced. According to a resolution passed, as the i-oll was called, each one named the place of his preference for the capital, and the four which received the highest number of votes were to be the only nominations. But afterwards, by general con- sent, the number was restricted to three, Topeka, Law- rence and Atchison. The roll being called again, Topeka received twenty-six votes ; Lawrence, 14; Atchison, 6. Thus Topeka was made the temporary seat of Government. It was required by an article among the miscellaneous that the first Legislature should provide by law for submitting the question of the permanent location of the capital to a popular vote. The schedule provided that the constitution and the clause preventing a homestead from a forced sale should be submitted to the ratification or rejection of the people at an election on the first Tuesday of October, and in case the constitution was duly adopted by the majority, an election should be held on the first Tuesday in December for all the State, District and County ofiicers, provided for in that in- strument. The convention completed its labors on the 28th ot July, and the constitution was adopted as a whole, by a Republi- can majority — the Democrats voting against it. The de- bates and full proceedings of this body were published, making a small octavo of over four hundred pages. The constitution was duly ratified on the 4th of October by the following popular vote : For the constitution, 10,421; 1859.] VARIOUS ITEMS. 559 against the constitution, 5,530 ; for the Homestead clause, 8,788 ; against Homestead, 4,772, Both parties held their conventions and nominated can- didates for the elections of officers on the 6th of December, under the constitution. The followino; is the result of that election for all State officers, the Democrats with a star be- fore their names, the others being Republicans : GOVKKNOR. C. Robinson 7,908 "S- A'ledary 5 395 SECRETARY OF STATK. J. W. Robinson T.SfVl =-'A.P. Walker 5.396 LIEUTENANT GOVEBNOa, .Toseph P. Root 7.893 -John?. Slough 5,392 TRKASURER. Wm. Tholan 7.937 ■Tv. L. Pease... 5,348 SUPERINTENDENT OF PUBLIC INSTRUCTION- ^c wi. "" ,^.',\V. R.Griffith 7,598 ft. S^.^Hillyer l-^i^'rJ ■ S. McGUi 6,287 ,,J. K, Goodin 5,305 CHIEF JUSTICE ASSOCIATB JUSTICES. S A. Kingman.- 7.895 Thomas Ewing. jr 8.0lorT^-TA-T?^-^P®*'° ^•~^, ■•Joseph Williams 5.:m Ji;!^.^ ^aH-I*'?-;, 1'!,^}, ■R- B. Mitchell 5,49J ADJUTANT GENERAL. | MEMBER OF CONGRESS- B. F. Simpson 7.S80;M. F.Conway 7.074 '■'Orlin Thurston 5,.'572r''J. A. Halderman 5,567 For members of the State Legislature the political result stood as follows : In the Senate twenty-two Republicans and tiiree Democrats ; in the House of Representatives fourteen Republicans and eleven Democrats. Persons having been appointed to take the census who were rather unfavorable to the admission of Kansas, and there being no funds to defray expenses, it followed that the provisions for taking the census were not fully carried out, and the enumeration in many counties very imper- fectly, or not at all, taken. The con.sequeuce was that the report of the census returns showed a population of only 09,950 whites, 406 blacks and 21,628 voters, whereas the committee appointed by the Council at the next session of the Legislature to investigate the matter, were of the opin- ion that the population was about 97,570. This furnished a pretext for the Democracy to oppose the admission of Kansas and to keep lier out of the Union one year longer. 560 HISTORY OF KANSAS TERRITORY. CHAPTER L . THE DROUTH. The Territorial Legislature assembled atLecompton on the 2cl of Jaiiuar}^, 1860, and on the 6th adjourned to Lawrence, which occasioned a rupture between that body and the Ex- ecutive. The Governor remained at Lecorapton, to await the decision of the Attorney General upon the legality of this action of the Legislature, and the Secretary of the Territory refused to furnish the members, upon their reaching Law- rence, with papers, documents, stationery, printing, &c. In view of these facts, both branches of the Legislature passed a concurrent resolution on the 18tli day of January, to adjourn sine die, without having accomplished anything in the way of Legislation. Tlie Governor immediately issued his proclamation, call- the Legislature to convene at Lecompton the follovv'ing day, "then and there to consider and perform such duties as are demanded by the interests and necessities of the people." The Legislature re-assembled pursuant to the call^ but again adjourned to Lawrence, where it remained in session until the 27th of February, and faithfully performed its work, enacting many salutary and much needed laws. The year ot 1860 is remarkable for an unprecedented drouth, which occasioned what is generally termed the '' Kansas famine." Tlie facts in the case are briefly stated. From the 19th of June, 1859, to November, 1860, there I860.] THE DROUTH. 561 was uot a shower of rain fell at any one time, to wet the earth two inches in depth. During the intervening winter, there were two slight snows, neither of which concealed the ground from view. The roads were never muddy, dur- ing the whole period, and during the summer^ the ground would break open in great cracks, embarrassing the rolling of wagons, while the winds blew with a burning and parch- ing sirocco's blast from the south, and with the hot beams of an unclouded sun, parched the soil and burned up vege- tation. Such was the frightful character of the drouth, which it becomes faithful history to record. The consequence was, that the crops in the Territory were almost an entire fail- ure. Fall wheat, induced by the snow and frost of winter, shot forth in the spring, but withered and died when that moisture was exhausted. Spring wheat, of which there was little sown, fared no better. Out of 4,000 acres of good land sown in Shawnee county, not five hundred bushels were raised — less than one-eighth of a bushel to the acre. Other counties did some better, but most of them did not harvest a bushel. Esculent vegetables were a perfect fail- ure ever3'where; not a cabbage, bean, radish, onion or any- thing of the kind was raised. Potatoes and turnips — the next things to the staff of life — were likewise failures. From tlie carefully prepared statistics of Shawnee county, it is shown that two hundred and seventy-nine acres of po- tatoes were planted, and only ten bushels raised; seventy- six acres of beans produced but ten bushels ; from two hundred and twenty-four acres of Hungarian grass, only ten tons were mowed ; while buckwheat, turnips and gar- den vegetables were utter failures. Corn fared some better. The low bottom iands, where properly tilled, averaged almost one-third of a crop, and the high lands and ridges produced no grain whatever — only dry fodder. From the al)ove statistical table it is shown, that from 3,oll.> acres of 562 HISTORY OF KANSAS TERRITORY. corn planted, only 5,187 bushels were raised, or about one bushel and two-thirds to an acre. Other places did better than this, or at least particular fields, which were low lands and well tilled : they averaged about ten bushels to the acre, and some produced as high as fitteen or twenty — a few still more. Timothy and clover hay v»'as a total failure. From the excellent Government Farm at Fort Leavenworth, which usually yielded about 1,100 tons, not a bushel was secured. The prairie grass furnished the chief support of the peo- ple. It grew and flourished nicely until about the middle of June or the 1st of July, when it parched and died on all the uplands. Along the ravines and creeks, and in the " pockets '"' it remained green still later, furnishing hay for winter. The wild grass, though not so abundant as usual, still was of such a superior quality that it kept the cattle fat all summer and fall. The sap having dried up. left it very nutritive, and stock ate it with as much relish as though it had been green. Some difficulty in places was experienced in procuring hay, there beiijg no grass long enough to mow, except in some of the low lands and along creeks and rivers. Farmers went in a few instances, as far as forty miles to procure hay for their cattle. Stock, which would otherwise have famished, fed upon the spontaneous growth of grass on the prairies during the summer, fall and winter. To add to the already distressed condition of the country, the wells, springs and brooks dried up. Very tew held out during the year. Families on the prairies were compelled, in many instances, to haul their water several miles, and would even thus procure a very inferior quality. They had neglected to dig wells, depending on creeks and brooks ibr water, so that when these were dried up they were left destitute. The drouth in some localities of Kansas was not as bad as I860.] THE DROUTH. 563 above described. AloiiGj the Missouri liiver tiud in tlie north-eastern portion, a sufficient ^vas raised to feed tlic popuhition of that region. In the Kaw A'^alJey, where properly tilled, the land yielded a two-thirds crop of corn. But elsewhere throughout the Territory the drouth was fully as alarming as we have shown above. The drouth of 1860 was not confined to Kansas alone. It extended over southern Missouri, Arkansas, western Ten- nessee, and a portion of Kentucky, almost, if not quite as great as in this Territory. As little was raised, according to the amount planted, in those States, as in Kansas. But the people of this Territory were illy prepared for this universal dearth of crops. Their granaries were gener- ally exhausted before the summer mouths arrived, at which time not one-half the tarmers in Kansas had a bushel of corn on hand. It being a good price at the Border towns the fall previous, and the roads being excellent all winter they had sold in market all the surplus corn the}'' supposed they would have after June set in, trusting to the grass from the prairies for feed. So with wheat ; all those that had raised more than their own consumption would de- mand, had disposed of it at what they supposed was a good price, and appropriated the money to supply the wants of their families. By the fall of 1860 there was scarcely any corn or wheat in the Territory ; not six thousand bushels of either in each county. Furthermore, the people here were poor and scanty of pecuniary means. Many of them had suffered heavy losses in '55, '66 and "57, by not beiug able to attend to their crops, having lost much of their time, and spending much of their money in feeding and clothing their families, and in attending conventions, traveling, buying arms and ammu- nition, &c. They had, during the years of '58 and '59, put their claims in repair, and were making ready for full and rich harvest gatherings. Many were new comers, whose condition, in some instances, was more deplorable than the 564 HISTORY OF KANSAS TERRITORY. older settlers, from the fact they had expended all their means upon their new homes, and trusted entirel_y to their crops for a livelihood. The result was that thirty thousand settlers left the Ter- ritory and returned to tlieir friends and to provision in the States. It looked at the time as though the whole country would be depopulated and left a barren and uninhabited waste. Claims, with their improvements, houses, fences, &c., were abandoned and stood dreary and alone upon the prairies. Long trains of covered wagons, drawn by lean horses, with woe-begone looking inmates, in mom-irfnl pro- cession crossed the Border. Thirty thousand more would have left, but they had no means with which to get away. They had not a sufficient amount of clothing and provisions to last them half the winter, and Famine, with all his grim and ghastly features, stood sentinel at their doors. It was plain that they must perish from starvation, unless that Father vvdio supplies the birds of the air with food would bring deliverance to their homes. They were the industrious poor of Kansas, who had come here to rear themselves homes upon the wide ex- tended prairies by hard toil, and had no hope of supplies only what they gathered from the fields. They had no rich friends in the East to lend a helping hand, nothing on earth could meet their necessities but the Spirit of Benevolence. The other forty thousand of the population in Kansas were in a condition to withstand the tamine, but could do nothing towards alleviatins: the wants of others. With the })rovision and clothing they had, and with that which they had money to procure, together with the assistance of friends from abroad, they could manage to live themselves. The painful fact stared the people of Kansas in the face, that want and starvation were before them. There was no evading or overcoming it, notwithstanding its admission would militate against the characterof thenewand growing country. The alarming rumor reached the East, and at I860.] THE DROUTH. 565 once touclied the kind and sympathetic hearts of the num- erous friends of Kansas. Thadyus Hyatt, of Xew York, who had always taken an active interest in Kansas, was the first to move in relief of the destitute. Pie came to the Territory himself, visited numerous counties, acquainted himself with the actual state of affairs, and gathered statistics. Being satisfied that the necessities for relief were urgent, he had the counties to organize and appoint their committees, and constituted S. C. Pomeroy, general agent of northern Kansas, and W. F. Amy, of southern Kansas, who should receive and distribute money and provision for the suffer- ing. Mr. Hyatt returned East, petitioned the President for assistance, in behalf of the destitute in Kansas, and published to the world his statistics and facts of personal observation, with an appeal for an immediate response for the relief of the sufferers. The movement thus inaugurated, continued its operations until the spring of 1861, and contributed vastly towards the relief of the deestitute, as the following figures will show. Contributions in clothing and provisions were received, packed in boxes and sent to Atchison for delivery, while the remittances in money were applied to defraying the expen- ses of freighting and boxes. On its reception a,t Atchison, it was distributed out among the difi'erent counties. According to the report of this Committee, the total re- ceipts of provision for distribution up to March the 15th > 1861, were 8,090,951 pounds. Total distribution at Atchi- son, exclusive of branch depots, 6,736,424 pounds. At Wyandotte and Leavenworth, the Committee distributed 437,190 pounds of provisions of various kinds. These state- ments do not include clothing and garden seeds, of which large quantities were received and distributed. As early as the first of January, 1861, 2,200 garments of various kinds, 262 pairs of boots and shoes, and 550 yards of cloth were received and distributed. By the first of March, 1861, .69 666 HISTOEY OF KANSAS TERRITOHY. 2,500 bushels of seed wlieat were received and distributed amon<]r the different counties. The whole amount of cash received by the Committee, was $83,869,52, which was chiefly expended on bagging, boxing and freight. But little or no money was distributed among the settlers. The Committee and all their agents labored gratuitously, never receiving a cent for their time. Besides the relief furnished by this Committee, contribu- tions flowed into the Territory through other channels* Churches, individuals and communities operated indepen- dently, and for certain persons or localities. It would be impossible to arrive at any just estimate of the amount thus furnished. Much of that sent through the General Relief Committee had special assignments, and was designed for certain neighborhoods or settlements. The State of J^ew York deserves a special mention in connection with the relief movement, for generously appro- priating §50,000 towards purchasing and shipping seed wheat to Kansas. The Legislature of Wisconsin extended a similar favor ; while the citizens of Indiana, Illinois and Ohio made liberal donations in seed grains of various kinds. Such eflbrts as these greatly relieved the people of their wants, without which not only would hundreds have per- ished during the winter, but still more would have been unable to plant their flelds in the spring, and consequently unable to better their condition. But notwithstanding the vast amount of remittances from the East, the people of Kansas, in many instances, experienced all the eftects of destitution and privation. The evil eftects of this drouth were not eonflned entirely to the personal sufl^erings it occasioned, Init threw the Ter- ritory back in her march of progress, not only by diminish- ing her population one-third, but by deterring emigration to the present day. Ever since this great calamity, Kansas has generally been regarded abroad as subject to drouth, I860.] THE DROUTH. 567 and with it the idea ot famine has been associated. Thous- ands have been prevented from emigrating to the State, from the popnhir conviction that this country is periodi- cally visited by such appalling misfortunes as tlaat of 1860. In justice therefore to the Territory whose history we are writing, it behooves us to examine into the facts bearing upon this subject, which will amply show that Kansas is no more liable to drouth, and no more affected by it, than any other State of similar latitude. The following table was taken from Dr. Sink's report to the Governor upon the climate of Kansas, which was ar- ranged from the records of all observations made at the military posts within tlic State, extending to the year 1865 : MEAN PRECIPITATION OF RAIN, CALCULATED FOR SEASONS AND YEARS. Place of Observation. CO •3 c > S 55 X 2. B c B p a? -1 B ►1 7 32 b 62 12 57 5 36 6 80 12 30 12 14 13 03 10 68 16 37 8 45 10 62 14 14 13 7(1 7 57 5 87 8 3il 4 01 3 42, 31 34 30 Fort Riley Fort Scott , 2 721 24 Pi) 4 79 42 li> 81 8 63 5 10 Fort Ijiirned 4 Fort Kearney 4 S), 1 50 23 77; 13 St. Loui.-!.. 8 W 6 W; 42 32; 19 9 yo' 11 ]5' 46 !sy 'J) 9 38! 9 87l 8 23i 7 481 M tHilJS Athens, Illiuois 12 20 _13JipJ. 9 20 7j0j_41_80_ }» "The measure of moisture, precipitated in rain and snow, lor the entire year, in Kansas, is very considerably below that for the other States represented in the table. By com- paring the measurements for the spring, summer and autumn months, however, it will bo found that the differ- ence is very slight. " The winter months show a great dimunition in the rela- tive amount, but as the deficiency occurs during the absence of vegetation, it is of no practical importance. As a con- sequence, the roads during this season are usually dry and 111 splendid condition for travel, thereby rendering trans- 568 HISTORY OF KANSAS TERRITORY. portatioii easy at the Ycry time the farmer desires to send his heavy produce to market." "The precipitation of rain for the month of March sho^vs a small increase over the winter months. The quantities are doubled in April, and again doubled in May. The mean maximum occurs in June, and the mean minimum in January. "■ The o;reatest amount in one 3'ear ever observed at Fort Leavenworth was 59 inches, in 1858 ; the least amount was 16 inches, in 1843. The greatest at Fort Scott was 52| inches, in 1841; the least was 29 inches, in 1838. ISTo rec- ords were kept at Fort Scott during the year of 1860, but the amount for the summer months was undoubtedly less than at Fort Leavenworth, as was evidenced by vegetation. The deficiency of rain at Fort Leavenworth in 1843 must have been local, as the records at Fort Scott for the same year show a measurement of 44 inches. Besides, the In- dians living in the Territory at that time have no recollec- tion of a drought of a general character. The amount of snow that falls during the winter is usually very slight, and it remains on the ground but a short time. " Taking the records at Forts Leavenworth, Riley and Scott, as a basis for calculation, the mean annual precipita- tion of rain for the eastern half of the State in 32 78-100 inches. The mean for the western half is about 24 inches. The mean for Minnesota is 30 inches, for Wisconsin, 32 inches, and for Michigan, 30 inches. " In 1860, the relative deficiency of rain was quite as great as in southern Missouri, Arkansas and western Ten- nessee as in Kansas. In 1854 a general drought prevailed in all the Central States, from the Missouri River to the Atlantic coast. '■' The following tabular statement will give a better ex- pression of its extent and character than if made in general terms. The statistics are for the summer months only, as this is the period of greater importance in the supply of 1000.] TUE DROUTH. 569 rain. The drought, liowcver, continued throughout the autumn months, in most of the locaUties. ir e 2 1 R 1 f^ • i 3 a J..J5 —13 B -1 D O o -? a o"n Cr-P §"0 S-S" S '^ 5 7 2 7 13 Id ti Pitt^hnrfr 4 7 4 S 9 S Fort lliley Washington 1? (1 Fort Smith. Ark • 4 1 13 9 Norfolk, Va 3 5 15 1 i)4 6 6 14 1 13 7 5 1 11 "S Cincinnati Burlington, Vt 5 IIIO 8 "A drought so widely extended as that of 1854, is a rare occurrence in this climate. They are usually confined to a much smaller compass, and, at such times, the neighhoring districts are supplied with an excess of rain. Wliile a drought is by no means a desirable occurrence, an excess of rain is equally injurious. The general proposition, tliat the whole Mississippi valley is more damaged in its grain and root crops by an excess of rain than from a deficeucy, will scarcely be questioned." 570 HISTORY OF KANSAS TERKITORY. CHAP T E li LI. VARIOUS ITEMS. There were several events of interest occurred this year, which we will briefly narrate, though not connected with the general history of the Territory. In the winter of 1859 and '60, Dr. John Do}^, of Law- rence, set out to conduct thirteen negroes, by way of Iowa, to Canada. They had fled from slavery to that city. This was a common thing in those days for the negroes of Mis- souri. On their arrival they always found friends and help in efiecting their escape. As he was passing through the northern part of the Territory, fifty miles from the eastern boundary, ho was suddenly captured by Missourians and carried to St. eloseph, where he was tried on the charge of enticing away slaves, a crime punishable with death ac- cording to the statutes of that State. The Kansas Legis- lature appropriated one thousand dollars to employ counsel for Doy at his trial. Though he was charged with an of- fense as having been committed in Platte County, and though the prosecution was unable to prove that Doy had been within thirty miles of that State, the Jury at the first term of Court failed to agree, but at the next he was con- victed and sentenced to the penitentiary for life. But Doy had friends in Kansas who cared but little whether he was sentenced or not, knowing well that they could eftect liis deliverance. A company from Lawrence I860.] VARIOUS ITEMS. 571 and vicinity, under the leadership of Stewart, the lighting preacher whom we have before noticed, one dark Saturday night, crossed the Missouri River a little below the ferry, and soon stood before the jail at St. Joseph. It S(> hap- pened that a storm came up about the same time and a tor- rent of rain was pouring down upon them. The jailor was awakened, called out and asked to allow them to secure a prisoner until Monday morning in jail, whom they had caught on the charge of horse stealing. They represented there was no doubt of his guilt, that they were tired and it was late to wake up the Justice of the Peace that night for an examination of the criminal. The jailor with reluctance consented and conducted them into the building. iSTo sooner had they entered than they shut the door, and with a cocked revolver before the jailor's heart, bid him not move or give the alarm at the risk of his life. They told him their purpose was to release Doy, and demanded the keys of the building. Having obtained these they next com- pelled the poor jailor to lead them to Doy's cell, which they unlocked, and the prisoner walked out. They then told the jailor that he should remain in the jail, mute and still, until daylight, that they would post guar.ds around the house, and if he made a noise they would rush in and assassinate him on the spot. They passed out, locked the door after them, and pro- ceeded towards the river. Just at that time a fire broke out on one of the principal streets ; the fire bell rang the alarm sound, and every body hurried pell mell to the burn- insr buildino;. In tlie midst of this confusion and excite- ment, Stewart and his party made their escape to their boats and crossed the river in safety. There were two happy coincidents connected with this rescue, seemingl}/ provi- dential — the rising of the storm and the breaking out of the lire. The last Territorial Legislature assembled at Lecompton on the 7th of January, 1861, and adjourned soon after to 572 HISTORY OF KANSAS TERRITORY. Lawrence, where it remained in session nntil the second of February. Accordins; to the Auditor's report, the follow- ing table exhibits tlie amount of revenue annually received by the Treasurer, and the amount of warrants annually issued by the Auditor, during the Territorial existence of Kansas : Pterenup. Warrants. 1856 8 1,811.88 ?5,211.48 1857 'i ;S->.(ltl 11,61)4.47 1858 ()8M2 4,602,9:5 1859 2(i,544.0H f.4.4()0,2(i 1860 3,107,.i3 41.2:34.14 Total ?;35,617.48 $124,962,28 According to this report, the total amount of warrants on the treasury outstanding at that time was $89,344,80. Be- fore the first State Legislature convened, this was diminished by in-coming revenue to $87,390,84, which was the amount assumed by the State. These warrants have been paid from year to year, until there remains now of them only $9,288"',57. The free state men never paid a cent of the Territorial tax levied by the authority of what was called the bogus Legislature. It remains charged against the respective counties, constantly accumulating by interest, until the Legislature of 1867 canceled it out. In the spring of this year an effort was made to revive the old difficulties of 1855 and 1856, by the attempt on the part of the United States Deputy Marshal, Leonard Arns, to arrest John Ritchie, of Topeka, upon an old indictment growing out of the early troubles, which Governor Walker declared " should be by-goues." In 1856, Mr, Ritchie had been arrested upon a trumped-up charge of mail robbery, and, with other felloAv-townsmen, taken to Lecompton, there retained in close confinement for three months, when he made his escape. It was upon the same charge that Marshal Arns sought to re-arrest him, on the 20th of April, without the least show of writ or authority. As he 1860-1.] VARIOUS ITEMS. 573 was advaDcing upon Mr. Ritchie with a drawn revolver, tlie latter, protesting against arrest and warning him to come no further, shot him dead. Mr. Ritchie gave himself up for trial, at which he was acquitted, on the ground that the homicide was an act of self-defence. Old feuds in south-eastern Kansas had not yet been healed, and threatened to break out afresh this summer and fall. Bad characters had returned to the Missouri Border, who, with other kindred spirits, began to harrass the free state men, across the line in Kansas. Many free negroes had found homes in the Territory. These the Ruffians would kidnap, hurry them tSouth, and sell them at good prices. They would also induce slaves in Missouri to run off from their masters, by presenting to thom flattering prospects of freedom. When the master would offer a reward for the apprehension and restoration of the absconded negro, these pretended liberators, knowing the whereabouts of the slave, would seize him and thrust him back into bondage. In other instances they would decoy the slaves away, and se- crete them until the reward should be offered ; then take them back and claim their money. This was a heavy busi- ness, and carried on with great profit all summer. The free state men finally determined to make a stand against this iniquitous practice of man stealing, and began to give protection to the abused fugitives. Whenever run- away slaves came into that vicinity they were either guarded or conveyed to other places. Foremost among these man-stealevs was a Ruffian by the name of Ilines. The free state men determined to catch him if they could, and hang him, but he, for a long time thwarted all their efforts to secure his person. Finally it was reported that Hines and others were coming to attack Montgomery and get possession of a slave the latter har- bored. A company of free state men gathered together and set out to meet Ilines, and shortly came upon him. Feign- ing to be in hunt of runaway slaves, they induced Ilines and 70 574 HISTORY OF KANSAS TERRITORY. his party to join them. While in company with him they obtained his confidence, and ascertained all about his mis- deeds and plans. At a favorable opportunity the Kansans seized the Ruffians, disarmed them, and held them for trial. They gave them a drum-head trial, liberated all except Hines, whom they found clearly guilty of man-stealing, and, in accordance with the Hebrew code, sentenced him to death. A paper with the words, " Hung by the people of Kansas, for man-stealing," written upon it in large letters, was pinned to his shirt bosom. He was placed upon a horse, (November 16,) one end of the rope attached to his neck, the other to a swinging limb of a tree above, the horse led from under him, and he left dangling in the air. This event was immediately followed by the hanging of two free state men, Guthrie and Catlan as horse thieves, but really because they were abolitionists. Others were killed by the secret order, called the Dark Lantern Com- mittee, a band of Ruffians that had their headquarters at Barusville, Missouri. One day John Benter, while stand- ing in the door of a grocery, near that place, was shot dead by a passing horseman. Bands of cut-throats from Texas and Arkansas, infested southern Missouri, were drilling, in anticipation of the com- ing war, and threatened to inaugurate the bloody drama of mobbing, killing and robbing free state men, which they had just been carrying on in the above mentioned States. According to the treaty of peace, which, it will be recol- lected, was written by Old John Brown, in Southern Kan- sas, all Border Ruffians were prohibited from returning on pain of death. Accordingly when some of these ventured to make their appearance this year and engage in their for- mer outrages, the free state men suddenly seized one, hung him to a tree with the inscription on his body, " Hung as a returned Border Ruffian." The free state men organized a secret society, which they called " Wide-a-Wake," pre- tended to have immediate connection with the vast host of 1860-1.] VARIOUS ITEMS. 575 " Wide-a- Wakes " in the IS'orthern States, made all the dis- play they could, thus spreading terror among the Border Ruffians. A groat outrage was committed ]>y the agent of the Fed- eral Government this fall upon the settlers on the Neutral Lands. According to a treaty made with the Seneca In- dians, of New York, they held a strip of land eight miles wide in the vicinity of Fort Scott, the boundaries of which were not definitely estai)lisho(L Immediately south of this and between it and the Cherokee possessions were 800,000 acres, which, according to a treaty with the latter tribe, was closed to settlement by any class of emigrants, and was called the Neutral Land. Vf hen Kansas was thrown open to settlement. Squatters made claims upon the New York Indian lands, presuming that they would soon come into market. But when the survey of the Neutral Lands was made in the summer of 1859, it was found that their northern bound- ary extended some distance above what the Squatters sup- posed it did. In this way a large and thrifty neighborhood, called the Dry Wood settlement, nuinbering 1,527 souls, fell in the Neutral Land. They had improved their claims, built fences, barns and dwelling houses, and were every way in a flourishing condition. The order was first given by the Commissioner of Indian Affairs, in the spring of 1860, for the removal of the set- tlers ; still no forcible measures were employed to eft'ect this object until the following November. The agent suddenly appeared among them with a strong force of United States troops and began driving the families from their homes, dashing their furniture out of the houses and tiring them. In this way seventy-four families were turned out upon the chilly and open prairies — homeless. The New York Indian lauds were offered for sale, this fall, on the 3d and 15th of December. Great excitement prevailed among the settlers, in consequence of the treat- 576 HISTORY OF KANSAS TERRITORY. raeut towards the squatters upon the Neutral Lands. On account of the drouth, few were able to purchase their claims — even at government prices, and it was feared that if speculators did not come in and bid oif the lands, the p-overnment would withdraw the sales, and remove the squatters by force. By this time the people in southern Kansas had learned to take care of themselves, and resist oppression, no matter from whom it came. They organized, armed themselves, and attended the sales, where it was generally understood that if any one sought to bid off" another's claim, he should pay the forfeit with his life. But one person sought to do this, and he had scarce!}' left the town before he was seized by a party, who would have taken his life had he not begged BO earnestly, and offered to deed over the land in fee simple to the original claimant. They finally let him go. They thus preserved and held their homes, the Government not seeking to interfere with them. The troubles and feuds in south-eastern Kansas continued until the breaking out of the national conflict, when they assumed a destructive character, and did not subside until the close of the rebellion. The Wyandotte Constitution was presented in the Senate on the 14th of February, 1860, and referred to the Commit- tee on Territories, together with a bill for the admission of Kansas. The Committee, unable to agree among them- selves, finally reported without any recommendation on the subject. The same Constitution was laid before the House, on the loth of February, and on the 15th, Mr. Grow, of Pennsyl- vania, introduced a bill for the admission of Kansas into the Union, which was read the first and second times, and referred to the Committee on Territories. This bill was reported back favorably from that Committee, and, on the 11th of April, passed the House by 134 yeas to 73 nays. The Senate stubbornly refused to take it up, and adjourned. 1860-1.] VARIOUS ITEMS. 577 leaving Kansas still a Territory, tlioiigli two years previous that body had warmly favored her admission, under a con- stitution which had its origin in fraud and outrage. Thus Kansas was deprived of taking any part in the Presidential election of 1860, and kept out of the Union for another year, though every way qualified for admission. The pretexts for opposing the admission of Kansas, em- ployed by opponents, were that her inhabitants were inadequate, and that the provisions of the English bill had not been fully 'observed. At the next session of Congress the application for the admission of Kansas was again renewed, and, on motion of Governor Seward, the House bill which had been passed at the former occasion, was called up in the Senate, in which, on the 31st of January, after some slight amendments it was passed b}'' a vote of 36 yeas, to 16 nays. On the 21st of the same month it was taken wp out of regular order, on motion of Mr. Grow, of Pennsylvania, and passed with the Senate's amendments, by 119 yeas to 42 nays. On the same day Kansas w\'is admitted, ^Messrs. Jefferson Davis, Clement C. Clay, Fitzpatrick, Mallory, and others, abandoned their seats in Congress to take part in the soutli- ern rebellion. Thus the coniiict, inaugurated by the repeal of the Missouri compromise, and fought upon the principles of Squatter Sovereignty, ended, making the first defeat of slavery, and the first triumph of free labor, in our national history. The struggle in Kansas, though not marked by great bat- tles or frightful carnage, Avas none the less fierce and power- ful. It was a contest in which patient endurance, inflexi- ble courage and prudent management were more essential to success than military strength and valor, requiring not only the qualifications of a soldier, but of a statesman, a martyr and, a philanthropist. Xot only had the enemy to be met with cool determination and with force, but public sentiment abroad had to be considered, a conflict with the 578 HISTORY OF KANSAS TERRITORY. Federal Government avoided, and yet a government upheld and maintained, in opposition to the one recognized by the Federal authority, means raised without taxation, and subsistance and arms procured. Still, so prudently, skill- fully and successfully were things managed by the free state men, that throughout the long protracted trouble there can be but little found in their conduct to censure or condemn. The soil of Kansas is historic ground for fifty miles in width. Along its eastern border, there is scarcely an acre but has been the scene of some daring rencounter, battle or event, connected with the difficulties in the Territory. Old settlers, as they ride along, will here and the' o call the attention of the stranger to the spot where some one was killed, a house burnt, a skirmish between the opposing parties took place, or where a convention was held, which resolved to resist oppression. Along her ravines free state men have skirted or found a hiding place, to elude the pur- suit of their enemies, and over her prairies the fiery cliase has often passed. APPENDIX. TOPEKA CONSTITUTION IN CONGRESS. [The following matter should have followed the 302d page, but by an accident, the copy was mislaid until after the time it should have been set up, and, consequently, it is inserted here.] The Topeka Constitution did not reach Congress until the spring of 1856. On the 24th of March it was presented in the Senate by Lewis Cass, and referred to the Committee on Territories. In the House it was presented by Mr. Mace, on the 7th of April. Agreeable with the petition accom- panying the document, a bill was introduced by Mr. Grow, of Pennsylvania, on the 25th of June, admitting Kansas into the Union, and passed the House on the 3d of July, by a vote of 99 yeas to 97 nays. Upon going to the Sen- ate it was referred to the Committee on Territories, from which it was reported back on the 8th of July, with the recommendation that the bill be amended by striking out the preamble, and also the whole of the bill after the en- acting clause, and insert in lieu thereof the Senate bill, which had passed that body, authorizing the people of Kan- sas to frame a constitution and apply for admission into the Union. The bill thus changed to almost a new one, was passed by 30 yeas to 13 nays; while it was pending efforts were made to amend it still further by a clause declaring 580 HISTORY OF KANSAS TERRITORY. the Territorial laws framed at Shawnee Mission invalid, but failed by a vote of 32 nays to 12 yeas, A bill was then in- troduced into the House and passed, i^eorganizing the Ter- ritory of Kansas, but on going to the Senate was lost. At- tention was again called, in connection with the Lecompton fraud, to tlie Topeka Constitution by the minority report, but no action was ever again taken upon it. WORKS CONSULTED IN COMPILING THIS VOLUME, AND A BRIEF NOTICE OF THE TERRITORIAL LITERATURE OP KANSAS. It would be tedious and useless to give all the sources of information that have been resorted to in writing this book. The authorities have been so various and numerous, that the author has not mentioned them in foot notes, to avoid increasing the size and cost of the volume. Much has been gathered from living witnesses, and participants in events — much that has never before been published of a secret and party cliaracter. The following have been the author's chief references : HISTORY OF LOUISIANA. French's Historical Collection, from French writers upon the early history of Louisiana Bruer's History of Louisi- ana, Stoddard's Sketches of the West, Martin's Louisiana, Peck's Annals of the "West, Bancroft's United States, Dil- lon's Lidiana, Gregg's Commerce of the Prairies, Sparks' Biographies of Marquette, De Soto and La Salle, Hildreth's United States. ON SLAVERY AND CONGRESSIONAL. Bancroft's LTnited States, Greeley's American Conilict, Annals of Congress, Colonial Histories of New England and other Colonies, Benton's Thirty Year's View, Congressional Globe, American State Papers, Madison's "Writings, Life of Chi}'', of Calhoun, &c. APPENDIX. 581 KANSAS TROUBLES — OFFICIAL. Report of the Investigation Committee of the United States House of Representatives, Report of the Commis- sioners to Audit Claims, Executive Minutes, Journals and Acts of the Territorial Legislature, Executive Documents of the United States and the Congressional Globe, Covode Investigation of 1860, Journal of Topeka State Legislature, Report of the Speeches and proceedings of the "Wyandotte Constitutional Convention. HISTORICAL. Hale's History of Kansas and Nebraska, published in 1854, before Kansas had much history. It is valuable for matter relative to K. E. Emigrant Aid Society. Bruerton's "War in Kansas," published in the spring of 1854, is valuable in giving particulars, and is very truthful in point of fact. Mrs. Robinson's " History of Kansas " is very accurate upon all it treats, but is limited and on the diar}^ style. Published in the fall of 1856. Wm. Phillip's " Conquest of Kansas " is a very interest- ing and reliable book, but contains discrepancies. It is a valuable addition however, to Kansas histories ; published in the fall of 1856. Mr. Phillips has always been one of Kan- sas' true friends. " Three Years on the Border," by an Episcopal clergy- man, shows the state of feeling in western Missouri, before and after the repeal of the Missouri Compromise. "Geary and Kansas," by Dr. Gihon, treats chiefly of Gov- ernor Geary's administration, and is valuable, though faulty in many respects. lie evidently was a friend of the Gover- nor. " The Englishman in Kansas," by Mr. Gladstone, consists of personal observations in traveling up the Missouri and in the Territory. 71 582 HISTORY OF KANSAS TERRITORY. Redpath's " Life of John Brown " is indispensable to a writer on Kansas history, though it must be used with care. But his "Roving Editor" has but little application to Kansas. " Kansas in 1858," by Thomalson, proposes to give an account of the difficulties in south-eastern Kansas, but treats of only a few incidents in a transposed'and disconnected manner. " The Kansas Annual Register," published in 18(34, is a singularly constructed work, containing much valuable local matter, &c., &c. JOURNALISTIC. " The Herald of Freedom " was an excellent paper and indispensable to one writing the history of Kansas. The first number was issued in Pennsylvania, October, 1854, and the second on the 6th of January, 1855, at Lawrence, under the editorship of G. "W. Brown. It was the ablest edited and largest free slate paper in the Territory, and continued until 1860, when it was superseded by the "Tribune." In 1857, the editors published in its columns a complete history of the Territory, up to that time. Foremost among the pro-slavery papers was the " Squat- ter Sovereign," published at Atchison, and edited by Dr. Stringfellow and Kelly. It was very ultra, and bitterly op- posed to free state men, and was the semi-oificial organ of the Border Chieftains. It was first published at Liberty, Missouri, by the name of the " Democratic Platform," where it warmly supported Atchison and opposed Benton. In the fall of 1854, Mr. Kelly moved his press to Atchison, where he was joined by Dr. Stringfellow in the publication of '' The Squatter Sovereign," the first number of which was issued on the 3d of February, 1855. It was thus issued until the spring of 1857, when it was pubhshed by Hon. S. C. Pomeroy and others, and as it changed hands, changed name and politics. APPENDIX. 583 111 September, 1854, before a single building was com- pleted at Leavenworth, the " Kansas Weekly Herald " was issued under an old elm tree, near the corner of Cherokee Street and the levee, under the management of Osborn & Adams, the former of whom was soon superseded by L. J. Eastin. Its tone at first was upright and manly, but it soon gave way to party pressure, and became very ultra and bit- terly partisan. It was the first paper published in the Ter- ritory. In 1859 it became a daily, and in 1861 its existence terminated by the death of its then proprietor. The " Kansas Territorial Register," first issued in July, 1855, and destroyed in December of the same year, was edited by Hon. M. A. Delahay. The " Topeka Tribune*' was first published at Lawrence in October, 1854, by John Speer, the present editor o fth e "Lawrence Tribune." The following spring it was moved to Topeka, and edited by Speer & Ross. In December, 1856, Speer sold out to AV. "W. & E. G. Ross, and returned to Lawrence. He has been editor in Kansas longer than any other man, always true to the principles of freedom. The " Kansas Freeman," edited by E. C. K. Garvey, a nd published at Topeka, is valuable, as it contains the proceed- ings of the Constitutional Convention and State Leg- islatures. The " Lawrence Republican " was established in 1857, and edited by Mr. D wight Thatcher. It strongly favored the organization of the Republican party. The Kansas "Free State" was a well conducted paper, under the editorship of Eliott and Miller. It was destroyed at the sacking of Lawrence, and never after revived at that place. The " Kickapoo Pioneer," published at Doniphan, was the second pro-slavery paper in the Territory in point of ultraism and hostility to free state men. There were several other small papers published in the Territory, but the above mentioned were the i)rincipal 584 HISTORY OF KANSAS TERRITORY. ones, all of which the author has had before him while writing this book. Besides the above, much has been gathered from the newspapers in the northern and southern States, which are too numerous to mention. LBAg'06