[Sidenote: Ex-Governor Reeder's Testimony, "Howard Report," pp. 933-985.]

Arriving at Leavenworth in October, 1854, Governor Reeder was not long in discovering the designs of the Missourians. He was urged to order the immediate election of a territorial legislature. The conspirators had already spent some months in organizing their "Blue Lodges," and now desired at once to control the political power of the Territory. But the Governor had too much manliness to become the mere pliant tool they wished to make him. He resented their dictation; he made a tour of inspection through the new settlements; and, acting on his own judgment, on his return issued a proclamation for a simple election of a delegate to Congress. At the appearance of this proclamation Platte County took alarm, and held a meeting on the Kansas side of the river, to intimidate him with violent speeches and a significant memorial. The Governor retorted in a letter that the meeting was composed of Missourians, and that he should resist outside interference from friend, foe, or faction. [Footnote: Governor Reeder to Gwiner and others, Nov. 21, 1854; copied into "National Era," Jan. 4, 1855.] Pocketing this rebuff as best they might, Senator Atchison and his "Blue Lodges" nevertheless held fast to their purpose. Paper proclamations and lectures on abstract rights counted little against the practical measures they had matured. November 29th, the day of election for delegate, finally arrived, and with it a formidable invasion of Missouri voters at more than half the polling places appointed in the Governor's proclamation.

In frontier life it was an every-day experience to make excursions for business or pleasure, singly or in parties, requiring two or three consecutive days, perhaps a night or two of camping out, for which saddle-horses and farm-wagons furnished ready transportation; and nothing was more common than concerted neighborhood efforts for improvement, protection, or amusement. On such occasions neighborly sentiment and comity required every man to drop his axe, or unhitch from the plow in the furrow, to further the real or imaginary weal of the community. In urgent instances non-compliance was fatal to the peace and comfort and sometimes to the personal safety of the settler. The movement described above had been in active preparation for weeks, controlled by strong and secret combinations, and many unwilling participants were doubtless swept into it by an excited public opinion they dared not resist.

A day or two before the election the whole Missouri border was astir. Horses were saddled, teams harnessed, wagons loaded with tents, forage, and provisions, bowie-knives buckled on, revolvers and rifles loaded, and flags and inscriptions flung to the breeze by the more demonstrative and daring. Crossing the river-ferries from the upper counties, and passing unobstructed over the State line by the prairie- roads and trails from the lower, many of them camped that night at the nearest polls, while others pushed on fifty or a hundred miles to the sparsely settled election districts of the interior. As they passed along, the more scrupulous went through the empty form of an imaginary settlement, by nailing a card to a tree, driving a stake into the ground, or inscribing their names in a claim register, prepared in haste by the invading party. The indifferent satisfied themselves with mere mental resolves to become settlers. The utterly reckless silenced all scruples in profanity and drunkenness.

[Sidenote: Nov. 29, 1854.]

On election morning the few real squatters of Kansas, endowed with Douglas's delusive boon of "popular sovereignty," witnessed with mixed indignation and terror acts of summary usurpation. Judges of election were dispossessed and set aside by intimidation or stratagem, and pro- slavery judges substituted without the slightest regard to regularity or law; judges' and voters' oaths were declared unnecessary, or explained away upon newly-invented phrases and absurd subtleties. "Where there's a will, there's a way," in wrong and crime, as well as in honest purpose and deed; and by more dishonest devices than we can stop fully to record the ballot-boxes were filled, through invasion, false swearing, riot, and usurpation, with ballots for Whitfield, the pro-slavery candidate for delegate to Congress, at nine out of the seventeen polling places—showing, upon a careful scrutiny afterwards made by a committee of Congress, an aggregate of 1729 illegal votes, and only 1114 legal ones.

This mockery of an election completed, the valiant Knights of the Blue Lodge, the fraternal members of the Social Band, the philanthropic groups of the Friends' Society, and the chivalric Sons of the South returned to their axe and plow, society lodge and bar-room haunt, to exult in a victory for Missouri and slavery over the "Abolition hordes and nigger thieves of the Emigrant Aid Society." The "Border Ruffians" of Missouri had written their preliminary chapter in the annals of Kansas. The published statements of the Emigrant Aid Society show that up to the date of election it had sent only a few hundred men, women, and children to the Territory. Why such a prodigious effort was deemed necessary to overcome the votes and influence of this paltry handful of "paupers who had sold themselves to Eli Thayer and Co." was never explained.



CHAPTER XXIII

THE BOGUS LAWS

As the event proved, the invasion of border ruffians to decide the first election in Kansas had been entirely unnecessary. Even without counting the illegal votes, the pro-slavery candidate for delegate was chosen by a plurality. He had held the office of Indian Agent, and his acquaintance, experience, and the principal fact that he was the favorite of the conspirators gave him an easy victory. Governor Reeder issued his certificate of election without delay, and Whitfield hurried away to Washington to enjoy his new honors, taking his seat in the House of Representatives within three weeks after his election. Atchison, however, did not follow his example. Congress met on the first Monday of December, and the services of the Acting Vice- President were needed in the Senate Chamber. But of such importance did he deem the success of the conspiracy in which he was the leader, that a few weeks before the session he wrote a short letter to the Senate, giving notice of his probable absence and advising the appointment of a new presiding officer.

[Sidenote: Reeder Testimony, Howard Report, p. 934.]

[Sidenote: Howard Report, p. 9.]

As a necessary preliminary to organizing the government of the Territory, Governor Reeder, under the authority of the organic act, proceeded to take a census of its inhabitants. This work, carried on and completed in the months of January and February, 1855, disclosed a total population of 8601 souls, of whom 2905 were voters. With this enumeration as a definite guide, the Governor made an apportionment, established election districts, and, appointing the necessary officers to conduct it, fixed upon the 30th of March, 1855, as the day for electing the territorial legislature. Governor Reeder had come to Kansas an ardent Democrat, a firm friend of the Pierce Administration, and an enthusiastic disciple of the new Democratic dogma of "Popular Sovereignty." But his short experience with Atchison's Border Ruffians had already rudely shaken his partisanship. The events of the November election exposed the designs of the pro-slavery conspiracy, and no course was left him but to become either its ally or its enemy.

[Sidenote: Reeder instructions, Howard Report, pp. 107, 935.]

In behalf of justice, as well as to preserve what he still fondly cherished as a vital party principle, he determined by every means in his power to secure a fair election. In his appointment of election officers, census-takers, justices of the peace, and constables, he was careful to make his selections from both factions as fairly as possible, excepting that, as a greater and necessary safeguard against another invasion, he designated in the several election districts along the Missouri border two "free-State" men and one pro-slavery man to act as judges at each poll. He prescribed distinct and rigid rules for the conduct of the election; ordering among other things that the judges should be sworn, that constables should attend and preserve order, and that voters must be actual residents to the exclusion of any other home.

All his precautions came to nought. This election of a territorial legislature, which, as then popularly believed, might determine by the enactment of laws whether Kansas should become a free or a slave State, was precisely the coveted opportunity for which the Border Ruffian conspiracy had been organized. Its interference in the November election served as a practical experiment to demonstrate its efficiency and to perfect its plans. The alleged doings of the Emigrant Aid Societies furnished a convenient and plausible pretext; extravagant rumors were now circulated as to the plans and numbers of the Eastern emigrants; it was industriously reported that they were coming twenty thousand strong to control the election; and by these misrepresentations the whole border was wrought up into the fervor of a pro-slavery crusade.

[Sidenote: 1855.]

[Sidenote: Howard Report, pp. 9 to 44.]

[Sidenote: Howard Report, p. 30.]

[Sidenote: Ibid., p. 34.]

When the 30th of March, election day, finally arrived, the conspiracy had once more mustered its organized army of invasion, and five thousand Missouri Border Ruffians, in different camps, bands, and squads, held practical possession of nearly every election district in the Territory. Riot, violence, intimidation, destruction of ballot-boxes, expulsion and substitution of judges, neglect or refusal to administer the prescribed oaths, viva voce voting, repeated voting on one side, and obstruction and dispersion of voters on the other, were common incidents; no one dared to resist the acts of the invaders, since they were armed and commanded in frontier if not in military fashion, in many cases by men whose names then or after-wards were prominent or notorious. Of the votes cast, 1410 were upon a subsequent examination found to have been legal, while 4908 were illegal. Of the total number, 5427 votes were given to the pro-slavery and only 791 to the free-State candidates. Upon a careful collation of evidence the investigating committee of Congress was of the opinion that the vote would have returned a free-State legislature if the election had been confined to the actual settlers; as conducted, however, it showed a nominal majority for every pro-slavery candidate but one.

Governor Reeder had feared a repetition of the November frauds; but it is evident that he had no conception of so extensive an invasion. It is probable, too, that information of its full enormity did not immediately reach him. Meanwhile the five days prescribed in his proclamation for receiving notices of contest elapsed. The Governor had removed his executive office to Shawnee Mission. At this place, and at the neighboring town of Westport, Missouri, only four miles distant, a majority of the persons claiming to have been elected now assembled and became clamorous for their certificates. [Footnote: Testimony of Ex-Governor Reeder, Howard Report, pp. 935-9; also Stringfellow's testimony, p. 855.] A committee of their number presented a formal written demand for the same; they strenuously denied his right to question the legality of the election, and threats against the Governor's life in case of his refusal to issue them became alarmingly frequent. Their regular consultations, their open denunciations, and their hints at violence, while they did not entirely overawe the Governor, so far produced their intended effect upon him that he assembled a band of his personal friends for his own protection. On the 6th of April, one week after election, the Governor announced his decision upon the returns. On one side of the room were himself and his armed adherents; on the other side the would-be members in superior numbers, with their pistols and bowie-knives. Under this virtual duress the Governor issued certificates of election to all but about one-third of the claimants; and the returns in these cases he rejected, not because of alleged force or fraud, but on account of palpable defects in the papers. [Transcriber's Note: Lengthy footnote relocated to chapter end.]

The issue of certificates was a fatal error in Governor Reeder's action. It endowed the notoriously illegal Legislature with a technical authority, and a few weeks later, when he went to Washington city to invoke the help of the Pierce Administration against the usurpation, it enabled Attorney-General Cushing (if current report was true) to taunt him with the reply: "You state that this Legislature is the creature of force and fraud; which shall we believe—your official certificate under seal, or your subsequent declarations to us in private conversation?"

[Sidenote: April 16, 1855.]

The question of the certificates disposed of, the next point of interest was to determine at what place the Legislature should assemble. Under the organic act the Governor had authority to appoint the first meeting, and it soon became known that his mind was fixed upon the embryo town of Pawnee, adjoining the military post of Fort Riley, situated on the Kansas River, 110 miles from the Missouri line. Against this exile, however, Stringfellow and his Border Ruffian lawmakers protested in an energetic memorial, asking to be called together at the Shawnee Mission, supplemented by the private threat that even if they convened at Pawnee, they would adjourn and come back the day after. If the Governor harbored any remaining doubt that this bogus Legislature intended to assume and maintain the mastery, it speedily vanished. Their hostility grew open and defiant; they classed him as a free-State man, an "abolitionist," and it became only too evident that he would gradually be shorn of power and degraded from the position of Territorial Executive to that of a mere puppet. Having nothing to gain by further concession, he adhered to his original plan, issued his proclamation convening the Legislature at Pawnee on the first Monday in July, and immediately started for Washington to make a direct appeal to President Pierce.

[Sidenote: "Squatter Sovereign," June 5, 1855.]

How Governor Reeder failed in this last hope of redress and support, how he found the Kansas conspiracy as strong at Washington as on the Missouri border, will appear further along. On the 2d of July the Governor and the Legislature met at the town of Pawnee, where he had convoked them—a magnificent prairie site, but containing as yet only three buildings, one to hold sessions in, and two to furnish food and lodging. The Governor's friends declared the accommodations ample; the Missourians on the contrary made affidavit that they were compelled to camp out and cook their own rations. The actual facts had little to do with the predetermination of the members. Stringfellow had written in his paper, the "Squatter Sovereign," three weeks before: "We hope no one will be silly enough to suppose the Governor has power to compel us to stay at Pawnee during the entire session. We will, of course, have to 'trot' out at the bidding of his Excellency,—but we will trot him back next day at our bidding."

[Sidenote: "House Journal Kansas Territory," 1855, p. 12.]

[Sidenote: "Journal of Council, Kansas Territory," p. 12.]

[Sidenote: "House Journal Kansas Territory," 1855, p. 29.]

The prediction was literally fulfilled. Both branches organized without delay, the House choosing John H. Stringfellow for Speaker. Before the Governor's message was delivered on the following day, the House had already passed, under suspended rules, "An act to remove the seat of government temporarily to the Shawnee Manual Labor School," which act the Council as promptly concurred in. The Governor vetoed the bill, but it was at once passed over his veto. By the end of the week the Legislature had departed from the budding capital to return no more.

[Sidenote: Ibid., p. 30.]

The Governor was perforce obliged to follow his migratory Solons, who adhered to their purpose despite his public or private protests, and who reassembled at Shawnee Mission, or more correctly the Shawnee Manual Labor School, on the 16th of July. Shawnee Mission was one of our many national experiments in civilizing Indian tribes. This philanthropic institution, nourished by the Federal treasury, was presided over by the Rev. Thomas Johnson. The town of Westport, which could boast of a post office, lay only four miles to the eastward, on the Missouri side of the State line, and was a noted pro-slavery stronghold. There were several large brick buildings at the Mission capable of accommodating the Legislature with halls and lodging-rooms; its nearness to an established post office, and its contiguity to Missouri pro-slavery sentiment were elements probably not lost sight of. Mr. Johnson, who had formerly been a Missouri slaveholder, was at the March election chosen a member of the Territorial Council, which in due time made him its presiding officer; and the bogus Legislature at Shawnee Mission was therefore in a certain sense under its own "vine and fig-tree."



[Sidenote: "Squatter Sovereign," July 17, 1855.]

[Sidenote: Ibid., June 19, 1855.]

[Sidenote: "House Journal Kansas Territory," 1856, p. 12.]

The two branches of the Legislature, the Council with the Rev. Thomas Johnson as President, and the House with Stringfellow of the "Squatter Sovereign" as Speaker, now turned their attention seriously to the pro-slavery work before them. The conspirators were shrewd enough to realize their victory. "To have intimated one year ago," said the Speaker in his address of thanks, "that such a result would be wrought out, one would have been thought a visionary; to have predicted that to-day a legislature would assemble, almost unanimously pro-slavery, and with myself for Speaker, I would have been thought mad." The programme had already been announced in the "Squatter Sovereign" some weeks before. "The South must and will prevail. If the Southern people but half do their duty, in less than nine months from this day Kansas will have formed a constitution and be knocking at the door for admission.... In the session of the United States Senate in 1856, two Senators from the slave-holding State of Kansas will take their seats, and abolitionism will be forever driven from our halls of legislation." Against this triumphant attitude Governor Reeder was despondent and powerless. The language of his message plainly betrayed the political dilemma in which he found himself. He strove as best he might to couple together the prevailing cant of office-holders against "the destructive spirit of abolitionism" and a comparatively mild rebuke of the Missouri usurpation. [Footnote: Its phraseology was adroit enough to call forth a sneering compliment from Speaker Stringfellow, who wrote to the "Squatter Sovereign": "On Tuesday the Governor sent in his message, which you will find is very well calculated to have its effect with the Pennsylvania Democracy. If he was trustworthy I would" be disposed to compliment the most of it, "but knowing how corrupt the author is, and that it is only designed for political effect in Pennsylvania, he not expecting to remain long with us, I will pass it by."—"Squatter Sovereign," July 17, 1855.]

[Sidenote: "House Journal Kansas Territory," 1855. Appendix, p. 10.]

Nevertheless, the Governor stood reasonably firm. He persisted in declaring that the Legislature could pass no valid laws at any other place than Pawnee, and returned the first bill sent him with a veto message to that effect. To this the Legislature replied by passing the bill over his veto, and in addition formally raising a joint committee "to draw up a memorial to the President of the United States respectfully demanding the removal of A. H. Reeder from the office of governor"; and, as if this indignity were not enough, holding a joint session for publicly signing it. The memorial was promptly dispatched to Washington by special messenger; but on the way this envoy read the news of the Governor's dismissal by the President.

This event appeared definitely to sweep away the last obstacle in the path of the conspirators. The office of acting governor now devolved upon the secretary of the Territory, Daniel Woodson, a man who shared their views and was allied to their schemes. With him to approve their enactments, the parliamentary machinery of the "bogus" Legislature was complete and effective. They had at the very beginning summarily ousted the free-State members chosen at the supplementary election on May 22, and seated the pro-slavery claimants of March 30; and the only two remaining free-State members resigned in utter disgust to avoid giving countenance to the flagrant usurpation by their presence. No one was left even to enter a protest.

[Sidenote: Report Judiciary Com., "House Journal Kansas Territory," 1855. Appendix, p. 14.]

This, then, was the perfect flower of Douglas's vaunted experiment of "popular sovereignty"—a result they professed fully to appreciate. "Hitherto," said the Judiciary Committee of the House in a long and grandiloquent report, "Congress have retained to themselves the power to mold and shape all the territorial governments according to their own peculiar notions, and to restrict within very limited and contracted bounds both the natural as well as the political rights of the bold and daring pioneer and the noble, hard-fisted squatter." But by this course, the argument of the committee continued, "the pillars which uphold this glorious union of States were shaken until the whole world was threatened with a political earthquake," and, "the principle that the people are capable of self-government would have been forever swallowed up by anarchy and confusion," had not the Kansas-Nebraska bill "delegated to the people of these territories the right to frame and establish their own form of government."

[Sidenote: Report Judiciary Com., "House Journal Kansas Territory," 1855. Appendix, p. 18.]

[Sidenote: Ibid., p. 18.]

What might not be expected of lawmakers who begin with so ambitious an exordium, and who lay the cornerstone of their edifice upon the solid rock of political principle? The anti-climax of performance which followed would be laughably absurd, were it not marked by the cunning of a well-matured political plot. Their first step was to recommend the repeal of "all laws whatsoever, which may have been considered to have been in force" in the Territory on the 1st day of July, 1855, thus forever quieting any doubt "as to what is and what is not law in this Territory"; secondly, to substitute a code about which there should be no question, by the equally ingenious expedient of copying and adopting the Revised Statutes of Missouri.

[Sidenote: Ibid., p. 14.]

These enactments were made in due form; but the bogus Legislature did not seem content to let its fame rest on this single monument of self- government. Casting their eyes once more upon the broad expanse of American politics, the Judiciary Committee reported: "The question of slavery is one that convulses the whole country, from the boisterous Atlantic to the shores of the mild Pacific. This state of things has been brought about by the fanaticism of the North and East, while up to this time the people of the South, and those of the North who desire the perpetuation of this Union and are devoted to the laws, have been entirely conservative. But the time is coming—yea, it has already arrived—for the latter to take a bold and decided stand that the Union and law may not be trampled in the dust," etc., etc.

[Sidenote: "Statutes Territory of Kansas," 1855, p. 715.]

The "Revised Statutes of Missouri," recommended in bulk, and adopted with hasty clerical modifications, [Footnote: To guard more effectually against clerical errors, the Legislature enacted: "Sec. 1. Wherever the word 'State' occurs in any act of the present legislative assembly, or any law of this Territory, in such construction as to indicate the locality of the operation of such act or laws, the same shall in every instance be taken and understood to mean 'Territory,' and shall apply to the Territory of Kansas."— "Statutes of Kansas," 1855, p. 718.] already contained the usual slave-code peculiar to Southern States. But in the plans and hopes of the conspirators, this of itself was insufficient. In order to "take a bold stand that the Union and law might not be trampled in the dust," they with great painstaking devised and passed "an act to punish offenses against slave property."

It prescribed the penalty of death, not merely for the grave crime of inciting or aiding an insurrection of slaves, free negroes, or mulattoes, or circulating printed matter for such an object, but also the same extreme punishment for the comparatively mild offense of enticing or decoying away a slave or assisting him to escape; for harboring or concealing a fugitive slave, ten years' imprisonment; for resisting an officer arresting a fugitive slave, two years' imprisonment.

If such inflictions as the foregoing might perhaps be tolerated upon the plea that a barbarous institution required barbarous safeguards, what ought to be said of the last three sections of the act which, in contempt of the Declaration of Independence and the Constitution of the United States, annulled the freedom of speech and the freedom of the press, and invaded even the right of individual conscience?

[Sidenote: "Statutes Territory of Kansas," 1855, p. 516.]

To write, print, or circulate "any statements, arguments, opinions, sentiment, doctrine, advice, or innuendo, calculated to produce a disorderly, dangerous, or rebellious disaffection among the slaves of the Territory, or to induce such slaves to escape from the service of their masters, or to resist their authority," was pronounced a felony punishable by five years' imprisonment. To deny the right of holding slaves in the Territory, by speaking, writing, printing, or circulating books, or papers, was likewise made a felony, punishable by two years' imprisonment. Finally it was enacted that "no person who is conscientiously opposed to holding slaves, or who 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." Also, all officers were, in addition to their usual oath, required to swear to support and sustain the Kansas-Nebraska Act and the Fugitive-Slave Law.

[Sidenote: "Journal of Council Kansas Territory," 1855 p. 248.]

The spirit which produced these despotic laws also governed the methods devised to enforce them. The Legislature proceeded to elect the principal officers of each county, who in turn were empowered by the laws to appoint the subordinate officials. All administration, therefore, emanated from that body, reflected its will, and followed its behest. Finally, the usual skeleton organization of a territorial militia was devised, whose general officers were in due time appointed by the acting Governor from prominent and serviceable pro-slavery members of the Legislature.

[Sidenote: "Statutes Territory of Kansas," 1855, p. 332.]

Having secured their present domination, they sought to perpetuate their political ascendency in the Territory. They ingeniously prolonged the tenure of their various appointees, and to render their success at future elections easy and certain they provided that candidates to be eligible, and judges of election, and voters when challenged, must swear to support the Fugitive-Slave Law. This they knew would virtually disfranchise many conscientious antislavery men; while, on the other hand, they enacted that each inhabitant who had paid his territorial tax should be a qualified voter for all elective officers. Under so lax a provision Missouri invaders could in the future, as they had in the past, easily give an apparent majority at the ballot-box for all their necessary agents and ulterior schemes.

In a technical sense the establishment of slavery in Kansas was complete. There were by the census of the previous February already some two hundred slaves in the Territory. Under the sanction of these laws, and before they could by any possibility be repealed, some thousands might be expected, especially by such an organized and united effort as the South could make to maintain the vantage ground already gained. Once there, the aggressiveness of the institution might be relied on to protect itself, since all experience had shown that under similar conditions it was almost ineradicable.

[Sidenote: Colfax, Speech in H.R., June 21, 1856.]

After so much patriotic endeavor on the part of these Border Ruffian legislators "that the Union and law may not be trampled in the dust," it cannot perhaps be wondered at that they began to look around for their personal rewards. These they easily found in the rich harvest of local monopolies and franchises which lay scattered in profusion on this virgin field of legislation, ready to be seized and appropriated without dispute by the first occupants. There were charters for railroads, insurance companies, toll-bridges, ferries, coal-mines, plank roads, and numberless privileges and honors of present or prospective value out of which, together with the county, district, and military offices, the ambitious members might give and take with generous liberality. One-sixth of the printed laws of the first session attest their modest attention to this incidental squatters' dowry. One of the many favorable opportunities in this category was the establishment of the permanent territorial capital, authorized by the organic act, where the liberal Federal appropriation for public buildings should be expended. For this purpose, competition from the older towns yielding gracefully after the first ballot, an entirely new site on the open prairie overlooking the Kansas River some twelve miles west of Lawrence was agreed upon. The proceedings do not show any unseemly scramble over the selection, and no tangible record remains of the whispered distribution of corner lots and contracts. It is only the name which rises into historical notice.

[Sidenote: "House Journal Kansas Territory," 1855. Appendix, p. 3.]

One of the actors in the political drama of Kansas was Samuel Dexter Lecompte, Chief-Justice of the Territory. He had been appointed from the border State of Maryland, and is represented to have been a diligent student, a respectable lawyer, a prominent Democratic politician, and possessed of the personal instincts and demeanor of a gentleman. Moved by a pro-slavery sympathy that was sincere, Judge Lecompte lent his high authority to the interests of the conspiracy against Kansas. He had already rendered the bogus Legislature the important service of publishing an extra-judicial opinion, sustaining their adjournment from Pawnee to Shawnee Mission. Probably because they valued his official championship and recognized in him a powerful ally in politics, they made him a member of several of their private corporations, and gave him the honor of naming their newly founded capital Lecompton. But the intended distinction was transitory. Before the lapse of a single decade, the town for which he stood sponsor was no longer the capital of Kansas.

[Relocated Footnote: Namely, because of a viva voce vote certified instead of a ballot, and because the prescribed oath and the words "lawful resident voters" had been openly erased from the printed forms. In six districts the Governor ordered a supplementary election, which was duly held on the 22d of May following. When that day arrived, the Border Ruffians, proclaiming the election to be illegal, by their default allowed free-State men to be chosen in all the districts except that of Leavenworth, where the invasion and tactics of the March election were repeated now for the third time and the same candidates voted for.—Howard Report, pp. 35-36. Indeed, the Border Ruffian habit of voting in Kansas had become chronic, and did not cease for some years, and sometimes developed the grimmest humors. In the autumn of that same year an election for county-seat took place in Leavenworth County by the accidental failure of the Legislature to designate one. Leavenworth city aspired to this honor and polled six hundred votes; but it had an enterprising rival in Kickapoo city, ten miles up the river, and another, Delaware city, eight miles down stream. Both were paper towns—"cottonwood towns," in border slang—of great expectations; and both having more unscrupulous enterprise than voters, appealed to Platte County to "come over." This was an appeal Platte County could never resist, and accordingly a chartered ferry-boat brought voters all election day from the Missouri side, until the Kickapoo tally-lists scored 850. Delaware city, however, was not to be thus easily crushed. She, too, not only had her chartered ferry-boat, but kept her polls open for three days in succession, and not until her boxes contained nine hundred ballots (of which probably only fifty were legal) did the steam whistle scream victory! When the "returning board" had sufficiently weighed this complicated electoral contest, it gravely decided that keeping the polls open for three days was "an unheard of irregularity." (J. N. Holloway, "History of Kansas," pp. 192-4.) This was exquisite irony; but a local court on appeal seriously giving a final verdict for Delaware, the transaction became a perennial burlesque on "Squatter Sovereignty."]



CHAPTER XXIV

THE TOPEKA CONSTITUTION

[Sidenote: "House Journal Kansas Territory," 1855. p. 30; "Council Journal," 1855, p. 253.]

The bogus Legislature adjourned late on the night of the 30th of August, 1855. They had elaborately built up their legal despotism, commissioned trusty adherents to administer it, and provided their principal and undoubted partisans with military authority to see that it was duly executed. Going still a step further, they proposed so to mold and control public opinion as to prevent the organization of any party or faction to oppose their plans. In view of the coming presidential campaign, it was the fashion in the States for Democrats to style themselves "National Democrats"; and a few newspapers and speakers in Kansas had adopted the prevailing political name. To stifle any such movement, both houses of the Legislature on the last night of their session adopted a concurrent resolution declaring that the proposition to organize a National Democratic party, having already misled some of their friends, would divide pro-slavery Whigs from Democrats and weaken their party one-half; that it was the duty of the pro-slavery, Union-loving men of Kansas "to know but one issue, slavery; and that any party making or attempting to make any other is and should be held as an ally of abolitionism and disunion."

Had the conspiracy been content to prosecute its designs through moderate measures, it would inevitably have fastened slavery upon Kansas. The organization of the invasion in western Missouri, carried on under pre-acknowledged leadership, in populous counties, among established homes, amid well-matured confidence growing out of long personal and political relationship, would have been easy even without the powerful bond of secret association. On the other hand, the union of the actual inhabitants of Kansas, scattered in sparse settlements, personal strangers to each other, coming from widely separated States, and comprising radically different manners, sentiments, and traditions, and burdened with the prime and unyielding necessity of protecting themselves and their families against cold and hunger, was in the very nature of the case slow and difficult. But the course of the Border Ruffians created, in less than six weeks, a powerful and determined opposition, which became united in support of what is known as the Topeka Constitution.

It is noteworthy that this free-State movement originated in Democratic circles, under Democratic auspices. The Republican party did not yet exist. The opponents of the Kansas-Nebraska Act were distributed among Whigs, Know-Nothings, and Free-soilers in the States, and had no national affiliation, although they had won overwhelming triumphs in a majority of the Congressional districts in the fall elections of 1854. Nearly if not quite all the free-State leaders originally went to Kansas as friends of President Pierce, and as believers in the dogma of "Popular Sovereignty."

Now that this usurping Legislature had met, contemptuously expelled the free-State members, defied the Governor's veto, set up its ingeniously contrived legal despotism, and commissioned its partisan followers to execute and administer it, the situation became sufficiently grave to demand defensive action. The real settlers were Democrats, it was true; they had voted for Pierce, shouted for the platform of '52, applauded the Kansas-Nebraska Act, and emigrated to the Territory to enjoy the new political gospel of popular sovereignty. But the practical Democratic beatitudes of Kansas were not calculated to strengthen the saints or confirm them in the faith. A Democratic invasion had elected a Democratic Legislature, which enacted laws, under whose arbitrary "non-intervention" a Democratic court might fasten a ball and chain to their ankles if they should happen to read the Declaration of Independence to a negro, or carry Jefferson's "Notes on Virginia" in their carpet-bags.

The official resolution which the bogus Legislature proclaimed as a final political test left no middle ground between those who were for slavery and those who were against slavery—those who were for the bogus laws in all their enormity, and those who were against them—and all who were not willing to become active co-workers with the conspiracy were forced to combine in self-defense.

It was in the town of Lawrence that the free-State movement naturally found its beginning. The settlers of the Emigrant Aid Society were comparatively few in number; but, supported by money, saw-mills, printing-presses, boarding-houses, they became from the very first a compact, self-reliant governing force. A few preliminary meetings, instigated by the disfranchised free-State members of the Legislature, brought together a large mass convention. The result of its two days' deliberations was a regularly chosen delegate convention held at Big Springs, a few miles west of Lawrence, on the 5th of September, 1855. More important than all, perhaps, was the presence and active participation of ex-Governor Reeder himself, who wrote the resolutions, addressed the convention in a stirring and defiant speech, and received by acclamation their nomination for territorial delegate.

The platform adopted repudiated in strong terms the bogus Legislature and its tyrannical enactments, and declared "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." It also recommended the formation of volunteer companies and the procurement of arms. The progressive and radical spirit of the convention is illustrated in its endorsement of the free-State movement, against the report of its own committee.

[Sidenote: Howard Report, pp. 48-58.]

The strongest point, however, made by the convention was a determination, strictly adhered to for more than two years, to take no part in any election under the bogus territorial laws. As a result Whitfield received, without competition, the combined pro-slavery and Border Ruffian vote for delegate on the first of October, a total of 2721 ballots. Measures had meanwhile been perfected by the free-State men to elect delegates to a constitutional convention. On the 9th of October, at a separate election, held by the free-State party alone, under self-prescribed formalities and regulations, these were duly chosen by an aggregate vote of 2710, ex-Governor Reeder receiving at the same polls 2849 votes for delegate.

[Sidenote: "Globe," March 24, 1856, p. 698.]

By this series of political movements, carried out in quiet and orderly proceedings, the free-State party was not only fully constituted and organized, but was demonstrated to possess a decided majority in the Territory. Still following out the policy agreed upon, the delegates chosen met at Topeka on the 23d of October, and with proper deliberation and decorum framed a State constitution, which was in turn submitted to a vote of the people. Although this election was held near midwinter (Dec. 15, 1855), and in the midst of serious disturbances of the peace arising from other causes, it received an affirmative vote of 1731, showing a hearty popular endorsement of it. Of the document itself no extended criticism is necessary. It prohibited slavery, but made reasonable provision for existing property-rights in slaves actually in the Territory. In no sense a radical, subversive, or "abolition" production, the Topeka Constitution was remarkable only as being the indignant protest of the people of the Territory against the Missouri usurpation. [Footnote: Still another election was January 15, 1856, to choose held by the free-State party on State officers to act under the new organization, at which Charles Robinson received 1296 votes for governor, out of a total of 1706, and Mark W. Delahay for Representative in Congress, 1828. A legislature elected at the same time, met, according to the terms of the newly framed constitution, on the 4th of March, organized, and elected Andrew H. Reeder and James H. Lane United States Senators.] The new constitution was transmitted to Congress and was formally presented as a petition to the Senate by General Cass, on March 24, 1856, [Transcriber's Note: Lengthy footnote (1) relocated to chapter end.] and to the House some days later.

[Sidenote: February 22, 1856.]

The Republican Senators in Congress (the Republican party had been definitely organized a few weeks before at Pittsburg) now urged the immediate reception of the Topeka Constitution and the admission of Kansas as a free State, citing the cases of Michigan, Arkansas, Florida, and California as justifying precedents. [Footnote: They based their appeal more especially upon the opinion of the Attorney- General in the case of Arkansas, that citizens of Territories possess the constitutional right to assemble and petition Congress for the redress of grievances; that the form of the petition is immaterial; and that, "as the power of Congress over the whole subject is plenary, they may accept any constitution, however framed, which in their judgment meets the sense of the people to be affected by it."] For the present, however, there was no hope of admission to the Union with the Topeka Constitution. The Pierce Administration, under the domination of the Southern States, had deposed Governor Reeder. Both in his annual message and again in a special message, the President denounced the Topeka movement as insurrectionary.

[Sidenote: Senate Report No. 34, 1st Session, 34th Congress, p. 32.]

In the Senate, too, the application was already prejudged; the Committee on Territories through Douglas himself as chairman, in a long partisan report, dismissed it with the assertion "that it was the movement of a political party instead of the whole body of the people of Kansas, conducted without the sanction of law, and in defiance of the constituted authorities, for the avowed purpose of overthrowing the territorial government established by Congress." In the mouth of a consistent advocate of "Popular Sovereignty," this argument might have had some force; but it came with a bad grace from Douglas, who in the same report indorsed the bogus Legislature and sustained the bogus laws upon purely technical assumptions. Congress was irreconcilably divided in politics. The Democrats had an overwhelming majority in the Senate; the opposition, through the election of Speaker Banks, possessed a working control of the House. Some months later, after prolonged debate, the House passed a bill for the admission of Kansas under the Topeka Constitution; but as the Senate had already rejected it, the movement remained without practical result. [Transcriber's Note: Lengthy footnote (2) relocated to chapter end.]

The staple argument against the Topeka free-State movement, that it was a rebellion against constitutional authority, though perhaps correct as a mere theory was utterly refuted by the practical facts of the case. The Big Springs resolutions, indeed, counseled resistance to a "bloody issue"; but this was only to be made after "peaceable remedies shall fail." The free-State leaders deserve credit for pursuing their peaceable remedies and forbearing to exercise their asserted right to resistance with a patience unexampled in American annals. The bogus territorial laws were defied by the newspapers and treated as a dead letter by the mass of the free-State men; as much as possible they stood aloof from the civil officers appointed by and through the bogus Legislature, recorded no title papers, began no lawsuits, abstained from elections, and denied themselves privileges which required any open recognition of the alien Missouri statutes. Lane and others refused the test oath, and were excluded from practice as attorneys in the courts; free-State newspapers were thrown out of the mails as incendiary publications; sundry petty persecutions were evaded or submitted to as special circumstances dictated. But throughout their long and persistent non-conformity, for more than two years, they constantly and cheerfully acknowledged the authority of the organic act, and of the laws of Congress, and even counseled and endured every forced submission to the bogus laws. Though they had defiant and turbulent spirits in their own ranks, who often accused them of imbecility and cowardice, they maintained a steady policy of non-resistance, and, under every show of Federal authority in support of the bogus laws, they submitted to obnoxious searches and seizures, to capricious arrest and painful imprisonment, rather than by resistance to place themselves in the attitude of deliberate outlaws. [Footnote: See Governor Robinson's message to the free-State Legislature, March 4, 1856. Mrs. S. T. L. Robinson, "Kansas," pp. 352, 364.]



[Sidenote: February 11, 1856. "Statutes at Large," Vol. XI., p. 791.]

They were destined to have no lack of provocation. Since the removal of Reeder, all the Federal officials of the Territory were affiliated with the pro-slavery Missouri cabal. Both to secure the permanent establishment of slavery in Kansas, and to gratify the personal pride of their triumph, they were determined to make these recusant free- State voters "bow down to the cap of Gessler." Despotism is never more arrogant than in resenting all slights to its personal vanity. As a first and necessary step, the cabal had procured, through its powerful influence at Washington, a proclamation from the President commanding "all persons engaged in unlawful combinations against the constituted authority of the Territory of Kansas or of the United States to disperse," etc. The language of the proclamation was sufficiently comprehensive to include Border Ruffians and emigrant aid societies, as well as the Topeka movement, and thus presented a show of impartiality; but under dominant political influences the latter was its evident and certain object.

With this proclamation as a sort of official fulcrum, Chief-Justice Lecompte delivered at the May term of his court a most extraordinary charge to the grand jury. He instructed them that the bogus Legislature, being an instrument of Congress, and having passed laws, "these laws are of United States authority and making." Persons resisting these laws must be indicted for high treason. If no resistance has been made, but combinations formed for the purpose of resisting them, "then must you still find bills for constructive treason, as the courts have decided that the blow need not be struck, but only the intention be made evident." [Footnote: J. H. Gihon, "Governor Geary's Administration," p. 77; also compare two copies of the indictments, printed at full length in Phillips, "Conquest of Kansas," pp. 351-4.] Indictments, writs, and the arrest of many prominent free-State leaders followed as a matter of course. All these proceedings, too, seemed to have been a part of the conspiracy. Before the indictments were found, and in anticipation of the writs, Robinson, the free-State Governor-elect, then on his way to the East, was arrested while traveling on a Missouri River steamboat, at Lexington in that State, detained, and finally sent back to Kansas under the Governor's requisition. Upon this frivolous charge of constructive treason he and others were held in military custody nearly four months, and finally, at the end of that period, discharged upon bail, the farce of longer imprisonment having become useless through other events.

Apprehending fully that the Topeka movement was the only really serious obstacle to their success, the pro-slavery cabal, watching its opportunity, matured a still more formidable demonstration to suppress and destroy it. The provisional free-State Legislature had, after organizing on the 4th of March, adjourned, to reassemble on the 4th of July, 1856, in order to await in the meantime the result of their application to Congress. As the national holiday approached, it was determined to call together a mass meeting at the same time and place, to give both moral support and personal protection to the members. Civil war, of which further mention will be made in the next chapter, had now been raging for months, and had in its general results gone against the free-State men. Their leaders were imprisoned or scattered, their presses destroyed, their adherents dispirited with defeat. Nevertheless, as the day of meeting approached, the remnant of the provisional Legislature and some six to eight hundred citizens gathered at Topeka, though without any definite purpose or pre- arranged plan.

Governor Shannon, the second of the Kansas executives, had by this time resigned his office, and Secretary Woodson was again acting Governor. Here was a chance to put the free-State movement pointedly under the ban of Federal authority which the cabal determined not to neglect. Reciting the President's proclamation of February, Secretary Woodson now issued his own proclamation forbidding all persons claiming legislative power and authority as aforesaid from assembling, organizing, or acting in any legislative capacity whatever. At the hour of noon on the 4th of July several companies of United States dragoons, which were brought into camp near town in anticipation of the event, entered Topeka in military array, under command of Colonel E. V. Sumner. A line of battle was formed in the street, cannon were planted, and the machinery of war prepared for instant action. Colonel Sumner, a most careful and conscientious officer and a free-State man at heart, with due formality, with decision and firmness, but at the same time openly expressing the painful nature of his duty, commanded the provisional Legislature, then about to assemble, to disperse. The members, not yet organized, immediately obeyed the order, having neither the will nor the means to resist it. There was no tumult, no violence, but little protest even in words; but the despotic purpose, clothed in forms of law, made a none the less profound impression upon the assembled citizens, and later, when the newspapers spread the report of the act, upon the indignant public of the Northern States. From this time onward, other events of paramount historical importance supervene to crowd the Topeka Constitution out of view. In a feeble way the organization still held together for a considerable length of time. About a year later the provisional Legislature again went through the forms of assembling, and although Governor Walker was present in Topeka, there were no proclamations, no dragoons, no cannon, because the cabal was for the moment defeated and disconcerted and bent upon other and still more desperate schemes. The Topeka Constitution was never received nor legalized; its officers never became clothed with official authority; its scrip was never redeemed; yet in the fate of Kansas and in the annals of the Union at large it was a vital and pivotal transaction, without which the great conflict between freedom and slavery, though perhaps neither avoided nor delayed, might have assumed altogether different phases of development.

[Relocated Footnote (1): Later, on April 7, General Cass presented to the Senate another petition, purporting to be the Topeka Constitution, which had been handed him by J. H. Lane, president of the convention which framed it and Senator-elect under it ("Cong. Globe," 1856; April 7, p. 826). This paper proved to be a clerk's copy, with erasures and interlineations and signatures in one handwriting, which being questioned as probably spurious, Lane afterwards supplied the original draft prepared by the committee and adopted by the convention, though without signatures; also adding his explanatory affidavit ("Cong. Globe," App. 1856, pp. 378-9), to the effect that, the committee had devolved upon him the preparation of the formal copy, but that the original signatures had been mislaid. The official action of the Senate appears to have concerned itself exclusively with the copy presented by General Cass on March 24. Lane's copies served only as text for angry debate. As the Topeka Constitution had no legal origin or quality, technical defeats were of little consequence, especially in view of the action by the free-State voters of Kansas at their voluntary elections for delegates on October 9, and to ratify it on December 15, 1856.]

[Relocated Footnote (2): Nevertheless, the efforts of the free-State party tinder this combination were not wholly barren. The contest between Whitfield and Reeder for a seat in the House as territorial delegate not only provoked searching discussion, but furnished the occasion for sending an investigating committee to Kansas, attended by the contestants in person. This committee with a fearless diligence collected in the Territory, as well as from the border counties of Missouri, a mass of sworn testimony amounting to some 1200 printed pages, and which exposed the Border Ruffian invasions and the Missouri usurpation in all their monstrous iniquity, and officially revealed to the astounded North, for the first time and nearly two years after its beginning, the full proportions of the conspiracy which held sway in Kansas.]



CHAPTER XXV

CIVIL WAR IN KANSAS

Out of the antagonistic and contending factions mentioned in the last two chapters, the bogus Legislature and its Border-Ruffian adherents on the one hand, and the framers and supporters of the Topeka Constitution on the other, grew the civil war in Kansas. The bogus Legislature numbered thirty-six members. These had only received, all told, 619 legal bond fide Kansas votes; but, what answered their purposes just as well, 4408 Missourians had cast their ballots for them, making their total constituency (if by discarding the idea of a State line we use the word in a somewhat strained sense) 5427. This was at the March election, 1855. Of the remaining 2286 actual Kansas voters disclosed by Seeder's census, only 791 cast their ballots. That summer's emigration, however, being mainly from the free States, greatly changed the relative strength of the two parties. At the election of October 1, 1855, in which the free-State men took no part, Whitfield, for delegate, received 2721 votes, Border Ruffians included. At the election for members of the Topeka Constitutional Convention, a week later, from which the pro-slavery men abstained, the free-State men cast 2710 votes, while Reeder, their nominee for delegate, received 2849. For general service, therefore, requiring no special effort, the numerical strength of the factions was about equal; while on extraordinary occasions the two thousand Border- Ruffian reserve lying a little farther back from the State line could at any time easily turn the scale. The free-State men had only their convictions, their intelligence, their courage, and the moral support of the North; the conspiracy had its secret combination, the territorial officials, the Legislature, the bogus laws, the courts, the militia officers, the President, and the army. This was a formidable array of advantages; slavery was playing with loaded dice.

With such a radical opposition of sentiment, both factions were on the alert to seize every available vantage ground. The bogus laws having been enacted, and the free-State men having, at the Big Springs Convention, resolved on the failure of peaceable remedies to resist them to a "bloody issue," the conspiracy was not slow to cover itself and its projects with the sacred mantle of authority. Opportunely for them, about this time Governor Shannon, appointed to succeed Reeder, arrived in the Territory. Coming by way of the Missouri River towns, he fell first among Border-Ruffian companionship and influences; and perhaps having his inclinations already molded by his Washington instructions, his early impressions were decidedly adverse to the free-State cause. His reception speech at Westport, in which he maintained the legality of the Legislature, and his determination to enforce their laws, delighted his pro-slavery auditors. To further enlist his zeal in their behalf, a few weeks later they formally organized a "law-and-order party" by a large public meeting held at Leavenworth. All the territorial dignitaries were present; Governor Shannon presided; John Calhoun, the Surveyor-General, made the principal speech, a denunciation of the "abolitionists" supporting the Topeka movement; Chief-Justice Lecompte dignified the occasion with approving remarks. With public opinion propitiated in advance, and the Governor of the Territory thus publicly committed to their party, the conspirators felt themselves ready to enter upon the active campaign to crush out opposition, for which they had made such elaborate preparations.

Faithful to their legislative declaration they knew but one issue, slavery. All dissent, all non-compliance, all hesitation, all mere silence even, were in their stronghold towns, like Leavenworth, branded as "abolitionism," declared to be hostility to the public welfare, and punished with proscription, personal violence, expulsion, and frequently death. Of the lynchings, the mobs, and the murders, it would be impossible, except in a very extended work, to note the frequent and atrocious details. The present chapters can only touch upon the more salient movements of the civil war in Kansas, which happily were not sanguinary; if, however, the individual and more isolated cases of bloodshed could be described, they would show a startling aggregate of barbarity and loss of life for opinion's sake. Some of these revolting crimes, though comparatively few in number, were committed, generally in a spirit of lawless retaliation, by free- State men.

Among other instrumentalities for executing the bogus laws, the bogus Legislature had appointed one Samuel J. Jones sheriff of Douglas County, Kansas Territory, although that individual was at the time of his appointment, and long afterwards, United States postmaster of the town of Westport, Missouri. Why this Missouri citizen and Federal official should in addition be clothed with a foreign territorial shrievalty of a county lying forty or fifty miles from his home is a mystery which was never explained outside a Missouri Blue Lodge.

[Sidenote: Wm. Phillips, "Conquest of Kansas," p. 152, et seq.]

A few days after the "law-and-order" meeting in Leavenworth, there occurred a murder in a small settlement thirteen miles west of the town of Lawrence. The murderer, a pro-slavery man, first fled, to Missouri, but returned to Shawnee Mission and sought the official protection of Sheriff Jones; no warrant, no examination, no commitment followed, and the criminal remained at large. Out of this incident, the officious sheriff managed most ingeniously to create an embroilment with the town of Lawrence, Buckley, who was alleged to have been accessory to the crime, obtained a peace-warrant against Branson, a neighbor of the victim. With this peace-warrant in his pocket, but without showing or reading it to his prisoner, Sheriff Jones and a posse of twenty-five Border Ruffians proceeded to Branson's house at midnight and arrested him. Alarm being given, Branson's free-State neighbors, already exasperated at the murder, rose under the sudden instinct of self-protection and rescued Branson from the sheriff and his posse that same night, though without other violence than harsh words.

[Sidenote: Shannon, proclamation, November 29, 1855. Senate Ex. Doc., 3d Sess. 34th Cong., Vol. II., p. 56.]

[Sidenote: Phillips, p. 168.]

Burning with the thirst of personal revenge, Sheriff Jones now accused the town of Lawrence of the violation of law involved in this rescue, though the people of Lawrence immediately and earnestly disavowed the act. But for Sheriff Jones and his superiors the pretext was all- sufficient. A Border-Ruffian foray against the town was hastily organized. The murder occurred November 21; the rescue November 26. November 27, upon the brief report of Sheriff Jones, demanding a force of three thousand men "to carry out the laws," Governor Shannon issued his order to the two major-generals of the skeleton militia, "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." [Footnote: Governor Shannon, order to Richardson, November 27, 1855. Same order to Strickler, same date. Senate Executive Documents, 3d Sess. 34th Cong., Vol. II., p. 53.] The Kansas militia was a myth; but the Border Ruffians, with their backwoods rifles and shotguns, were a ready resource. To these an urgent appeal for help was made; and the leaders of the conspiracy in prompt obedience placarded the frontier with inflammatory handbills, and collected and equipped companies, and hurried them forward to the rendezvous without a moment's delay. The United States Arsenal at Liberty, Missouri, was broken into and stripped of its contents to supply cannon, small arms, and ammunition. In two days after notice a company of fifty Missourians made the first camp on Wakarusa Creek, near Franklin, four miles from Lawrence. In three or four days more an irregular army of fifteen hundred men, claiming to be the sheriff's posse, was within striking distance of the town. Three or four hundred of these were nominal residents of the Territory; [Footnote: Shannon, dispatch, December 11, 1855, to President Pierce. Senate Ex. Doc., 3d Sess. 34th Cong., Vol. II., p. 63.] all the remainder were citizens of Missouri. They were not only well armed and supplied, but wrought up to the highest pitch of partisan excitement. While the Governor's proclamation spoke of serving writs, the notices of the conspirators sounded the note of the real contest. "Now is the time to show game, and if we are defeated this time, the Territory is lost to the South," said the leaders. There was no doubt of the earnestness of their purpose. Ex-Vice-President Atchison came in person, leading a battalion of two hundred Platte County riflemen.

News of this proceeding reached the people of Lawrence little by little, and finally, becoming alarmed, they began to improvise means of defense. Two abortive imitations of the Missouri Blue Lodges, set on foot during the summer by the free-State men, provoked by the election invasion in March, furnished them a starting-point for military organization. A committee of safety, hurriedly instituted, sent a call for help from Lawrence to other points in the Territory, "for the purpose of defending it from threatened invasion by armed men now quartered in its vicinity." Several hundred free-State men promptly responded to the summons. The Free-State Hotel served as barracks. Governor Robinson and Colonel Lane were appointed to command. Four or five small redoubts, connected by rifle-pits, were hastily thrown up; and by a clever artifice they succeeded in bringing a twelve-pound brass howitzer from its storage at Kansas City. Meantime the committee of safety, earnestly denying any wrongful act or purpose, sent an urgent appeal for protection to the commander of the United States forces at Fort Leavenworth, another to Congress, and a third to President Pierce.

Amid all this warlike preparation to keep the peace, no very strict military discipline could be immediately enforced. The people of Lawrence, without any great difficulty, obtained daily information concerning the hostile camps. They, on the other hand, professing no purpose but that of defense and self-protection, were obliged to permit free and constant ingress to their beleaguered town. Sheriff Jones made several visits unmolested on their part, and without any display of writs or demand for the surrender of alleged offenders on his own. One of the rescuers even accosted him, conversed with him, and invited him to dinner. These free visits had the good effect to restrain imprudence and impulsiveness on both sides. They could see that a conflict meant serious results. With the advantage of its defensive position, Lawrence was as strong as the sheriff's mob. On one point especially the Border Ruffians had a wholesome dread. Yankee ingenuity had invented a new kind of breech-loading gun called "Sharps rifle." It was, in fact, the best weapon of its day. The free-State volunteers had some months before obtained a partial supply of them from the East, and their range, rapidity, and effectiveness had been not only duly set forth but highly exaggerated by many marvelous stories throughout the Territory and along the border. The Missouri backwoods-men manifested an almost incredible interest in this wonderful gun. They might be deaf to the "equalities" proclaimed in the Declaration of Independence or blind to the moral sin of slavery, but they comprehended a rifle which could be fired ten times a minute and kill a man at a thousand yards.

The arrivals from Missouri finally slackened and ceased. The irregular Border-Ruffian squads were hastily incorporated into the skeleton "Kansas militia." The "posse" became some two thousand strong, and the defenders of Lawrence perhaps one thousand.

[Sidenote: Richardson to Shannon, December 3, 1855; Phillips, p. 186.]

[Sidenote: Anderson to Richardson; Phillips, p. 210.]

Meanwhile a sober second thought had come to Governor Shannon. To retrieve somewhat the precipitancy of his militia orders and proclamations, he wrote to Sheriff Jones, December 2, to make no arrests or movements unless by his direction. The firm defensive attitude of the people of Lawrence had produced its effect. The leaders of the conspiracy became distrustful of their power to crush the town. One of his militia generals suggested that the Governor should require the "outlaws at Lawrence and elsewhere" to surrender the Sharps rifles; another wrote asking him to call out the Government troops at Fort Leavenworth. The Governor, on his part, becoming doubtful of the legality of employing Missouri militia to enforce Kansas laws, was also eager to secure the help of Federal troops. Sheriff Jones began to grow importunate. In the Missouri camp while the leaders became alarmed the men grew insubordinate. "I have reason to believe," wrote one of their prominent men, "that before to-morrow morning the black flag will be hoisted, when nine out of ten will rally round it, and march without orders upon Lawrence. The forces of the Lecompton camp fully understand the plot and will fight under the same banner."

[Sidenote: Sumner to Shannon. December 1, 1855; Phillips, p. 184.]

After careful deliberation Colonel Sumner, commanding the United States troops at Fort Leavenworth, declined to interfere without explicit orders from the War Department. These failing to arrive in time, the Governor was obliged to face his own dilemma. He hastened to Lawrence, which now invoked his protection. He directed his militia generals to repress disorder and check any attack on the town. Interviews were held with the free-State commanders, and the situation was fully discussed. A compromise was agreed upon, and a formal treaty written out and signed. The affair was pronounced to be a "misunderstanding"; the Lawrence party disavowed the Branson rescue, denied any previous, present, or prospective organization for resistance, and under sundry provisos agreed to aid in the execution of "the laws" when called upon by "proper authority." Like all compromises, the agreement was half necessity, half trick. Neither party was willing to yield honestly nor ready to fight manfully. The free-State men shrank from forcible resistance to even bogus laws. The Missouri cabal, on the other hand, having three of their best men constantly at the Governor's side, were compelled to recognize their lack of justification. They did not dare to ignore upon what a ridiculously shadowy pretext the Branson peace-warrant had grown into an army of two thousand men, and how, under the manipulation of Sheriff Jones, a questionable affidavit of a pro-slavery criminal had been expanded into the casus belli of a free-State town. They consented to a compromise "to cover a retreat."

[Sidenote: Shannon to President Pierce, December 11, 1855, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., pp. 63-5.]

When Governor Shannon announced that the difficulties were settled, the people of Lawrence were suspicious of their leaders, and John Brown manifested his readiness to head a revolt. But his attempted speech was hushed down, and the assurance of Robinson and Lane that they had made no dishonorable concession finally quieted their followers. There were similar murmurs in the pro-slavery camps. The Governor was denounced as a traitor, and Sheriff Jones declared that "he would have wiped out Lawrence." Atchison, on the contrary, sustained the bargain, explaining that to attack Lawrence under the circumstances would ruin the Democratic cause. "But," he added with a significant oath, "boys, we will fight some time!" Thirteen of the captains in the Wakarusa camp were called together, and the situation was duly explained. The treaty was accepted, though the Governor confessed "there was a silent dissatisfaction" at the result. He ordered the forces to disband; prisoners were liberated, and with the opportune aid of a furious rain-storm the Border-Ruffian army gradually melted away. Nevertheless the "Wakarusa war" left one bitter sting to rankle in the hearts of the defenders of Lawrence, a free- State man having been killed by a pro-slavery scouting party.

The truce patched up by this Lawrence treaty was of comparatively short duration. The excitement which had reigned in Kansas during the whole summer of 1855, first about the enactments of the bogus Legislature, and then in regard to the formation of the Topeka Constitution, was now extended to the American Congress, where it raged for two long months over the election of Speaker Banks. In Kansas during the same period the vote of the free-State men upon the Topeka Constitution and the election for free-State officers under it, kept the Territory in a ferment. During and after the contest over the speakership at Washington, each State Legislature became a forum of Kansas debate. The general public interest in the controversy was shown by discussions carried on by press, pulpit, and in the daily conversation and comment of the people of the Union in every town, hamlet, and neighborhood. No sooner did the spring weather of 1856 permit, than men, money, arms, and supplies were poured into the Territory of Kansas from the North.

[Sidenote: J.N. Holloway, "History of Kansas," pp. 275, 276.]

In the Southern States also this propagandism was active, and a number of guerrilla leaders with followers recruited in the South, and armed and sustained by Southern contributions and appropriations, found their way to Kansas in response to urgent appeals of the Border chiefs. Buford, of Alabama; Titus, of Florida; Wilkes, of Virginia; Hampton, of Kentucky; Treadwell, of South Carolina, and others, brought not only enthusiastic leadership, but substantial assistance. Both the factions which had come so near to actual battle in the "Wakarusa war," though nominally disbanded, in reality continued their military organizations,—the free-State men through apprehension of danger, the Border Ruffians because of their purpose to crush out opposition. Strengthened on both sides with men, money, arms, and supplies, the contest was gradually resumed with the opening spring.

The vague and double-meaning phrases of the Lawrence agreement furnished the earliest causes of a renewal of the quarrel. "Did you not pledge yourselves to assist me as sheriff in the arrest of any person against whom I might have a writ?" asked Sheriff Jones of Robinson and Lane in a curt note. "We may have said that we would assist any proper officer in the service of any legal process," they replied, standing upon their interpretation. This was, of course, the original controversy—slavery burning to enforce her usurpation, freedom determined to defend her birthright. Sheriff Jones had his pockets always full of writs issued in the spirit of persecution, but was often baffled by the sharp wits and ready resources of the free- State people, and sometimes defied outright. Little by little, however, the latter became hemmed and bound in the meshes of the various devices and proceedings which the territorial officials evolved from the bogus laws. President Pierce, in his special message of January 24, declared what had been done by the Topeka movement to be "of a revolutionary character" which would "become treasonable insurrection if it reach the length of organized resistance."

Following this came his proclamation of February 11, leveled against "combinations formed to resist the execution of the territorial laws." Early in May, Chief-Justice Lecompte held a term of his court, during which he delivered to the grand jury his famous instructions on constructive treason. Indictments were found, writs issued, and the principal free-State leaders arrested or forced to flee from the Territory. Governor Robinson was arrested without warrant on the Missouri River, and brought back to be held in military custody till September. [Transcriber's Note: Lengthy footnote relocated to chapter end.] Lane went East and recruited additional help for the contest. Meanwhile Sheriff Jones, sitting in his tent at night, in the town of Lawrence, had been wounded by a rifle or pistol in the attempt of some unknown person to assassinate him. The people of Lawrence denounced the deed; but the sheriff hoarded up the score for future revenge. One additional incident served to precipitate the crisis. The House of Representatives at Washington, presided over by Speaker Banks, and under control of the opposition, sent an investigating committee to Kansas, consisting of Wm. A. Howard, of Michigan, John Sherman, [Footnote: Owing to the illness of Mr. Howard, chairman of the committee, the long and elaborate majority report of this committee was written by John Sherman. Its methodical analysis and powerful presentation of evidence made it one of the most popular and convincing documents ever issued.] of Ohio, and Mordecai Oliver, of Missouri, which, by the examination of numerous witnesses, was probing the Border-Ruffian invasions, the illegality of the bogus Legislature, and the enormity of the bogus laws to the bottom.

[Sidenote: Howard Report, p. 66.]

Ex-Governor Reeder was in attendance on this committee, supplying data, pointing out from personal knowledge sources of information, cross-examining witnesses to elicit the hidden truth. To embarrass this damaging exposure, Judge Lecompte issued a writ against the ex- Governor on a frivolous charge of contempt. Claiming but not receiving exemption from the committee, Beeder on his personal responsibility refused to permit the deputy marshal to arrest him. The incident was not violent, nor even dramatic. No posse was summoned, no further effort made, and Reeder, fearing personal violence, soon fled in disguise. But the affair was magnified as a crowning proof that the free-State men were insurrectionists and outlaws.

It must be noted in passing that by this time the Territory had by insensible degrees drifted into the condition of civil war. Both parties were zealous, vigilant, and denunciatory. In nearly every settlement suspicion led to combination for defense, combination to some form of oppression or insult, and so on by easy transition to arrest and concealment, attack and reprisal, expulsion, theft, house- burning, capture, and murder. From these, again, sprang barricaded and fortified dwellings, camps and scouting parties, finally culminating in roving guerrilla bands, half partisan, half predatory. Their distinctive characters, however, display one broad and unfailing difference. The free-State men clung to their prairie towns and prairie ravines with all the obstinacy and courage of true defenders of their homes and firesides. The pro-slavery parties, unmistakable aliens and invaders, always came from, or retired across, the Missouri line. Organized and sustained in the beginning by voluntary contributions from that and distant States, they ended by levying forced contributions, by "pressing" horses, food, or arms from any neighborhood they chanced to visit. Their assumed character changed with their changing opportunities or necessities. They were squads of Kansas militia, companies of "peaceful emigrants," or gangs of irresponsible outlaws, to suit the chance, the whim, or the need of the moment.

[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 74.]

[Sidenote: Phillips, pp. 289-90.]

[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 75.]

Since the unsatisfactory termination of the "Wakarusa war," certain leaders of the conspiracy had never given up their project of punishing the town of Lawrence. A propitious moment for carrying it out seemed now to have arrived. The free-State officers and leaders were, thanks to Judge Lecompte's doctrine of constructive treason, under indictment, arrest, or in flight; the settlers were busy with their spring crops; while the pro-slavery guerrillas, freshly arrived and full of zeal, were eager for service and distinction. The former campaign against the town had failed for want of justification; they now sought a pretext which would not shame their assumed character as defenders of law and order. In the shooting of Sheriff Jones in Lawrence, and in the refusal of ex-Governor Beeder to allow the deputy-marshal to arrest him, they discovered grave offenses against the territorial and United States laws. Determined also no longer to trust Governor Shannon, lest he might again make peace, United States Marshal Donaldson issued a proclamation on his own responsibility, on May 11, 1856, commanding "law-abiding citizens of the Territory" "to be and appear at Lecompton, as soon as practicable and in numbers sufficient for the proper execution of the law." Moving with the promptness and celerity of preconcerted plans, ex-Vice-President Atchison, with his Platte County Rifles and two brass cannon, the Kickapoo Rangers from Leavenworth and Weston, Wilkes, Titus, Buford, and all the rest of the free lances in the Territory, began to concentrate against Lawrence, giving the marshal in a very few days a "posse" of from 500 to 800 men, armed for the greater part with United States muskets, some stolen from the Liberty arsenal on their former raid, others distributed to them as Kansas militia by the territorial officers. The Governor refused to interfere to protect the threatened town, though an urgent appeal to do so was made to him by its citizens, who after stormy and divided councils resolved on a policy of non-resistance.

[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 77.]

They next made application to the marshal, who tauntingly replied that he could not rely on their pledges, and must take the liberty to execute his process in his own time and manner. The help of Colonel Sumner, commanding the United States troops, was finally invoked, but his instructions only permitted him to act at the call of the Governor or marshal. [Footnote: Sumner to Shannon, May 12, 1856. Senate Ex. Doc., No. 10, 3d Sess. 34th Cong. Vol. V., p. 7.] Private persons who had leased the Free-State Hotel vainly besought the various authorities to prevent the destruction of their property. Ten days were consumed in these negotiations; but the spirit of vengeance refused to yield. When the citizens of Lawrence rose on the 21st of May they beheld their town invested by a formidable military force.

During the forenoon the deputy-marshal rode leisurely into the town attended by less than a dozen men, being neither molested nor opposed. He summoned half a dozen citizens to join his posse, who followed, obeyed, and assisted him. He continued his pretended search and, to give color to his errand, made two arrests. The Free-State Hotel, a stone building in dimensions fifty by seventy feet, three stories high and handsomely furnished, previously occupied only for lodging-rooms, on that day for the first time opened its table accommodations to the public, and provided a free dinner in honor of the occasion. The marshal and his posse, including Sheriff Jones, went among other invited guests and enjoyed the proffered hospitality. As he had promised to protect the hotel, the reassured citizens began to laugh at their own fears. To their sorrow they were soon undeceived. The military force, partly rabble, partly organized, had meanwhile moved into the town.

To save his official skirts from stain, the deputy-marshal now went through the farce of dismissing his entire posse of citizens and Border Ruffians, at which juncture Sheriff Jones made his appearance, claiming the "posse" as his own. He planted a company before the hotel, and demanded a surrender of the arms belonging to the free- State military companies. Refusal or resistance being out of the question, half a dozen small cannon were solemnly dug up from their concealment and, together with a few Sharps rifles, formally delivered. Half an hour later, turning a deaf ear to all remonstrance, he gave the proprietors until 5 o'clock to remove their families and personal property from the Free-State Hotel. Atchison, who had been haranguing the mob, planted his two guns before the building and trained them upon it. The inmates being removed, at the appointed hour a few cannon balls were fired through the stone walls. This mode of destruction being slow and undramatic, and an attempt to blow it up with gunpowder having proved equally unsatisfactory, the torch was applied, and the structure given to the flames. [Footnote: Memorial, Senate Executive Document, 3d Session 34th Congress. Volume II, pp. 73-85.] Other squads had during the same time been sent to the several printing-offices, where they broke the presses, scattered the type, and demolished the furniture. The house of Governor Robinson was also robbed and burned. Very soon the mob was beyond all control, and spreading itself over the town engaged in pillage till the darkness of night arrested it. Meanwhile the chiefs sat on their horses and viewed the work of destruction.

[Sidenote: House Reports, 2d Sess., 36th Cong., Vol. III, part 1, p. 39.]

[Sidenote: Holloway, p. 351.]

[Sidenote: Memorial to the President.]

If we would believe the chief actors, this was the "law and order party," executing the mandates of justice. Part and parcel of the affair was the pretense that this exploit of prairie buccaneering had been authorized by Judge Leeompte's court, the officials citing in their defense a presentment of his grand jury, declaring the free-State newspapers seditious publications, and the Free-State Hotel a rebellious fortification, and recommending their abatement as nuisances. The travesty of American government involved in the transaction is too serious for ridicule. In this incident, contrasting the creative and the destructive spirit of the factions, the Emigrant Aid Society of Massachusetts finds its most honorable and triumphant vindication. The whole proceeding was so childish, the miserable plot so transparent, the outrage so gross, as to bring disgust to the better class of Border Ruffians who were witnesses and accessories. The free-State men have recorded the honorable conduct of Colonel Zadock Jackson, of Georgia, and Colonel Jefferson Buford, of Alabama, as well as of the prosecuting attorney of the county, each of whom denounced the proceedings on the spot.

[Relocated Footnote: Governor Robinson being on his way East, the steamboat on which he was traveling stopped at Lexington, Missouri. An unauthorized mob induced the Governor, with that persuasiveness in which the Border Ruffians had become adepts, to leave the boat, detaining him at Lexington on the accusation that he was fleeing from an indictment. In a few days an officer came with a requisition from Governor Shannon, and took the prisoner by land to Westport, and afterwards from there to Kansas City and Leavenworth. Here he was placed in the custody of Captain Martin, of the Kickapoo Rangers, who proved a kind jailer, and materially assisted in protecting him from the dangerous intentions of the mob which at that time held Leavenworth under a reign of terror.

Mrs. Robinson, who has kindly sent us a sketch of the incident, writes: "On the night of the 28th [of May] for greater security General Richardson of the militia slept in the same bed with the prisoner, while Judge Lecompte and Marshal Donaldson slept just outside of the door of the prisoner's room. Captain Martin said: 'I shall give you a pistol to help protect yourself if worse comes to worst!' In the early morning of the next day, May 29, a company of dragoons with one empty saddle came down from the fort, and while the pro-slavery men still slept, the prisoner and his escort were on their way across the prairies to Lecompton in the charge of officers of the United States Army. The Governor and other prisoners were kept on the prairie near Lecompton until the 10th of September, 1856, when all were released."]



END OF VOL. I.