# The History of Slavery and the Slave Trade/Chapter 33

Contents
CHAPTER XXXIII.
History of the Troubles in Kansas, continued.
As the legislation of congress at the session of 1856-7 on the affairs of Kansas produced no definite results, the details are omitted, and other sources than congressional documents sought for information relative to events in the territory. We will now take a look at the internal affairs of Kansas, in order to see how "the people" behave when they are "left entirely free to settle their iuternal affairs in their own way." The report of the congressional committee, given in the previous chapter, furnishes a history of events down to the summer of 1856. On the 5th of May of that year, Judge Lecompte, the judicial head of the territory, delivered a charge to the grand jury of Douglas county, from which we make an extract:
"This territory was organized by an act of congress, and so far its authority is from the United States. It has a legislature elected in pursuance of that organic act. This legislature, being an instrument of congress, by which it governs the territory, has passed laws; these laws, therefore, are of United States authority and making, and all that resist these laws, resist the power and authority of the United States, and are, therefore, guilty of high treason. Now, gentlemen, if you find that any persons have resisted these laws, then must you, under your oaths, find bills against such persons for high treason. If you find that no such resistance has been made, but that combinations have been formed for the purpose of resisting them, and individuals of influence and notoriety have been aiding and abetting in such combinations, then must you still find bills for constructive treason, as the courts have decided that to constitute treason the blow need not be struck, but only the intention be made evident."
The grand jury accordingly made a presentment, as follows:
"The grand jury, sitting for the adjourned term of the first district court ​in and for the county of Douglas, in the territory of Kansas, beg leave to report to the honorable court that, from evidence laid before them, showing that the newspaper known as The Herald of Freedom, published at the town of Lawrence, has from time to time issued publications of the most inflammatory 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 resolutions of a public meeting in Johnson county, in this territory, in which resistance to the territorial laws, even unto blood, has been agreed upon; and that 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 parapeted 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 endangering the public safaty, and encouraging rebellion and sedition in this country; and respectfully recommend that steps may be taken whereby this nuisance may be removed.
"Owen C. Stewart, Foreman."
In order to accomplish the objects of this presentment, a number of writs were-made out and placed in the hands of the marshal for the arrest of prominent citizens of that place. Although it is asserted that no attempts were made to resist the marshal's deputies in serving these writs, the marshal, on the 11th of May, issued the following proclamation:
"To the People oe Kansas Territory:
"Whereas, certain judicial writs of arrest have been directed to me by the first district court of the United States, etc., to be executed within the county of Douglas; and whereas, an attempt to execute them by the United States deputy marshal was evidently resisted by a large number of the citizens 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 sufficient for the execution of the law.
"Given under my hand, this 11th day of May, 1856.
"I B. Donalson,
"United States Marshal for Kansas Territory."
Previous to the publication of this proclamation, Buford's Alabama, South Carolina, and Georgia regiment, and other armed bands, had taken up positions in the vicinity of Lawrence, who were not only committing depredations upon the property of the settlers, but were intercepting, robbing, and imprisoning travelers on the public thoroughfares, and threatening to attack the town, in consequence of which a meeting was held, and a committee appointed ​to address Gov. Shannon, stating the facts in gentle terms, and asking fail protection against such hands by the United States troops at his disposal.
To this respectful application the committee received the following reply:
"Gentlemen: Your note of the 11th inst. is received, and, in reply, I have to state that there is no force around or approaching Lawrence, except the legally constituted posse of the United States marshal and sheriff of Douglas county, each of whom, I am informed, have a number of writs in their hands for execution against persons now in Lawrence. I shall 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 marshal and sheriff in the execution of processes in their hands, as all good citizens are bound to do when called on, they, or all such, will entitle themselves to the protection of the law. But so long as they keep up a military or armed organization to resist the territorial laws and the officers charged with their execution, I shall not interpose to save them from the legitimate consequences of their illegal acts.
"I have the honor to be yours, with great respect,
"Wilson Shannon."
Still desirous of averting the impending difficulties, the citizens of Lawrence held another meeting on the 13th, when the following preamble and resolution were adopted, copies of which were immediately forwarded to Marshal Donalson and Governor Shannon:
"Whereas, by a proclamation to the people of Kansas territory, by I. B. Donalson, United States Marshal for said territory, issued on the 11th day of May, 1S5G, it is alleged that 'certain judicial writs of arrest have been directed to him by the first district court of the United States, etc., to be executed within the county of Douglas, and that an attempt to execute them by the United States deputy marshal was violently resisted by a large number of the citizens of Lawrence, and that there is every reason to believe that any attempt to execute said writs will be resisted by a large body of armed men'; therefore,
Resolved, by this public meeting of the citizens of Lawrence, held this thirteenth day of May, 1856, that the allegations and charges against us, contained in the aforesaid proclamation, are wholly untrue in fact, and the conclusion which is drawn from them. The aforesaid deputy marshal was resisted in no manner whatever, nor by any person whatever, in the execution of said writs, except by him whose arrest the said deputy marshal was seeking to make. And that we now, as we have done heretofore, declare our willingness and determination, without resistance, to acquiesce in the service upon us of any judicial writs against us by the United States deputy marshal for Kansas territory, and will furnish him with a posse for that purpose, if so requested; but that we are ready to resist, if need be, unto death, the ravages and desolation of an invading mob.
J. A. Wakefield, President."
On the 14th, still another meeting was held at Lawrence, and a letter, signed ​by a large and respectable committee appointed for that purpose, was sent to the marshal, in which it was affirmed "that no opposition will now, or at any future time, be offered 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, iu the execution of any legal process.
"We declare, ourselves to be order-loving and law-abiding citizens; and only await an opportunity to testify our fidelity to the laws of the country, the constitution, and the Union.
"We are informed, also, that those men collecting about Lawrence openly declare that it is their intention to destroy the town and drive off the citizens. Of course we do not believe you give any countenance to such threats; but, in view of the excited state of the public mind, we ask protection of the consti- tuted authorities of the government, declaring ourselves in readiness to coope- rate with them for the maintenance of the peace, order, and quiet of the com- munity in which we live."
In reply to this, the marshal sends a lengthy communication, which he closes with these words:
"You say you call upon the constituted authorities of the government for protection. This, indeed, sounds strange from a large body of men armed with Sharpe's rifles, and other implements of war, bouud together by oaths and pledges, to resist the laws of the government they call on for protection. All persons in Kansas territory, without regard to location, who honestly submit to the constituted authorities, will ever find me ready to aid in protecting them; and all who seek to resist the laws of the land, and turn traitors to their coun- try, will find me aiding and enforcing the laws, if not as an officer, as a citizen."
Whilst these documents were passing, the roads were blockaded by the mar- shal's posse of southern volunteers, upon which no man without a passport could safely venture. Captain Samuel Walker, who had carried one of the above-mentioned letters to Lecompton, was fired upon on his return to Law- rence. Mr. Miller, who with two others had gone up to negotiate with the governor for an amicable adjustment of the pending troubles, was taken pris- oner by a detachment of Buford's South Carolinians near Lecompton, who, knowing him to have been from their own state, tried him for treason and sen- tenced him to be hung. He contrived, somehow, to get away with the loss of his horse and purse. Mr. Weaver, a sergeant-at-arms of the congressional committee, was arrested while in the discharge of his duty, and carried across the Kansas river, to the South Carolinian camp, where, after a critical exami- nation of his papers, he was discovered to be in the service of the United States, and released, the officer in command giving him a pass, and kindly ad- vising him to answer promptly, if challenged, otherwise he might be shot. Outrages of this kind became so frequent that all travel was at last suspended.
On the 11th of May, the citizens of Lawrence, through a committee, again addressed the United States marshal in the words of the following letter:
"I. B. Donalson, U. S. Marshal of K. T.
"Dear Sir: We desire to call your attention, as citizens of Kansas, to the ​fact that a large force of armed men have collected in the vicinity of Lawrence, and are engaged in committing depredations upon our citizens stopping wagons, arresting, threatening and robbing unoffending travelers on the highway, breaking open boxes of merchandise and appropriating the contents; have slaughtered cattle, and terrified many of the women and children.
"We also learned from governor Shannon, 'that there are no armed forces in the vicinity of this place but the regular constituted militia of the territory; this is to ask if you recognize them as your posse, and feel responsible for their acts. If you do not, we hope and trust you will prevent a repetition of Bach acts, and give peace to the settlers." Signed by the citizens.
To this communication no reply was given. "In the meantime, preparations were going forward, and vigorously prosecuted, for the sacking of Lawrence. The pro-slavery people were-to 'wipe out' this ill-fated town under authority of law. They had received the countenance of the president—the approbation of the chief-justice—the favorable presentment of the grand jury—the concurrence of the governor—the orders of the marshal,—and were prepared to consummate their purpose with the arms of the government, in the hands of a militia force gathered from the remotest sections of the Union. They concentrated their troops in large numbers around the doomed city, stealing, or, as they termed it, 'pressing into the service,' all the horses they could find belonging to free-state men, whose cattle were also slaughtered, without remuneration, to fe£d the marshal's forces; and their stores and dwellings broken open and robbed of arms, provisions, blankets and clothing. The marshal's army had a host of commanders. There was general Atchison, with the Missouri Platte county rifles, and two pieces of artillery; captain Dunn, with the Kickapoo Rangers; general Stringfellow, and colonel Abel, his law-partner, aided by doctor John H. Stringfellow, and Robert S. Kelly, editors of the Squatter Sovereign, with the forces from Doniphin, Atchison and Leavenworth; colonel Boone, with sundry aids, at the head of companies from Westport, Liberty and Independence; colonels Wilkes and Buford, with the Carolinians, Georgians and Mississippians; colonel H. T. Titus, in command of the Douglas county militia; and many others too numerous to mention. On the 19th of May, while these forces were collecting for the destruction of Lawrence, a young man from Illinois, named Jones, had been to a store near Blanton's bridge, to purchase flour, when he was attacked by two of the marshal's party, who were out as scouts. To escape these men, Jones dismounted and entered the store, into which they followed, and there abused him. He again mounted his horse and started for home, the others following, and swearing that the d—d abolitionist should not escape. When near the bridge, they leveled their guns (United States muskets,) and fired. Jones fell mortally wounded, and soon expired. On the following morning, several young men, hearing of this transaction, left Lawrence to visit the scene of the tragedy. One of these was named Stewart, who had but recently arrived from the ​state of New York. They had gone about a mile and a half, when they me* two men, armed with Sharpe's rifles. Some words passed between them, when the two strangers raised their rifles, and, taking deliberate aim at Stewart, fired. One of the balls entered his temple. The work of death was instantly accomplished. Soon after sunrise, on the morning of the 21st, an advanced guard of the marshal's army consisting of about 200 horsemen, appeared on the top of Mount Oread, on the outskirts of Lawrence, where their cannon had been stationed late on the preceding night. The town was quiet, and the citizens had determined to submit without resistance to any outrage that might be perpetrated. About seven o'clock, doctor Robinson's house, which stood on the side of the hill, was taken possession of, and used as the headquarters of the invaders. At eight o'clock, the main body of the army posted themselves on the outer edge of the town. Deputy marshal Fain, with ten men, entered Lawrence, and, without molestation, served the writs in his possession, and arrested judge Gr. W. Smith and G. W. Deitzler. Fain and his companions dined at the free-state hotel, and afterwards returned to the army on Mount Oread. The marshal then dismissed his monster posse, telling them he had no further use for them. It was three o'clock in the afternoon, when sheriff Jones rode rapidly into Lawrence, at the head of twenty-five mounted men; and as he passed along the line of the troops, he was received with deafening shouts of applause. His presence was the signal for action, and a sanction for the outrages that ensued. Atchison addressed his forces, and then marched the whole column to within a short distance of the hotel, where they halted. Jones now informed colonel Eldridge, the proprietor, that the hotel must be destroyed; he was acting under orders; he had writs issued by the first district court of the United States to destroy the free-state Hotel, and the offices of the Herald of Freedom and Free Press. The grand jury at Lecompton had indicted them as nuisances, and the court had ordered them to be destroyed. He gave colonel Eldridge an hour and a half to remove his family and furniture, after which time the demolition commenced, and was prosecuted with an earnestness that would have done credit to a better cause. In the meantime the newspaper offices had been assailed, the presses broken to pieces, and these, with the type and other material, thrown into the Kansas river. Whilst the work of destruction was going on at the printing offices, the bombardment of the hotel, a strongly constructed three-story stone building, commenced. Kegs of gunpowder had been placed inside and the house fired in numerous places; and whilst the flames were doing their destructive work within, heavy cannon were battering against the walls without; and amid the crackling of the conflagration, the noise of falling walls and timbers, and the roar of the artillery, were mingled almost frantic yells of satisfaction. And then followed scenes of reckless pillage and wanton destruction in all parts of that ill-fated town. Stores were broken into and plundered of their contents. Bolts and bars were no obstacles to the entrance of drunken and infuriated men into private dwellings, from which most of the inhabitants had fled in terror. From these everything of value was stolen, and much that was useless to ​the marauders was destroyed. The closing act of this frightful drama was the burning of the house of doctor Robinson on the brow of Mount Oread. This was set on fire alter the sun had gone down, and the bright light which its flames shed over the country illuminated the paths of the retreating army, aa they proceeded towards their homes.
"After the sacking of Lawrence, parties of free-state men were organized and armed with the determination to continue the war which had now begun in earnest. Some of these committed depredations upon their political opponents under the pretense of recovering horses and other property of which themselves and neighbors had been robbed. They attacked the pro-slavery men in the roads and at their dwellings, and committed most flagrant outrages. These organizations and their actions were condemned by the prominent and more respectable portions of the free-state party, and very few of the actual settlers of the territory had any lot or part in their proceedings. They were chiefly composed of men of desperate fortunes, who were actuated in many instances as much by a disposition to plunder as from a spirit of retaliation and revenge for insults and injuries they had received. A detachment of one of these parties, eight in number, secreted themselves in a ravine near the Santa Fe road, where they laid in wait for a company of eighteen pro-slavery men who they had understood were coming in that direction ou a marauding expedition, and as they approached, a fire was poured into them from their ambushed enemies, killing three and wounding several more. The remainder, not knowing the strength of their assailants, fled in dismay. Other instances of the kind were constantly occurring. Indeed, it seems as though each party was determined to vie with the' other in the number of outrages it could commit. Captain John Brown, who lived near Ossawattomie, was the leader of one of these free-state guerilla bands. Lie was a Vermonter by birth, an old soldier, and had served through the war of 1812. He was a resolute, determined and brave old man; but fierce, passionate, revengeful and inexorable. His hatred for the border-ruffians had reached so high a degree, that he could emulate the worst of them in acts of cruelty, whilst not one of them was his equal as a tactician, or possessed as much courage and daring. Hence his name soon became a terror, and not a few unsuccessful attempts were made to effect his capture. Brown is said to have been the leader of a band, who on the night of the 26th of May, attacked a pro-slavery settlement at Pottawattomie, and cruelly murdered a Mr. Doyle and his two sons, Mr. Wilkinson and Wm. Sherman. The excuse given for this act is, that the persons killed were there assembled to assassinate and burn the houses of certain free-state men, whom they had notified to quit the neighborhood. These five men were seized and disarmed, a sort of trial was had, and in conformity with the sentence passed, were shot in cold blood. This was doubtless an act of retaliation for the work done but a few days before at Lawrence. Captain H. C. Pate, who was in command of a predatory band of about sixty Missourians, called 'Shannon's Sharp Shooters,' resolved to capture Capt. John Brown, and with this intent visited Ossawattomie on the last day of May. Brown was ​absent, and Captain Pate succeeded without resistance, in taking prisoners two of his sons, whom he found engaged in their peaceful occupations. Captain Pate's men burned the store of a German named Winer, who was supposed to have been in the Pottawatomie affair, and also the house of young John Brown, the Captain's son. After committing these and other depredations upon the free-state settlers, the most of whose houses they entered and robbed, Pate and his company left the place, taking with them their prisoners. These they delivered to a company of United States dragoons, whom they found encamped on the Middle Ottawa Creek. When Captain Brown learned of the visit of Pate, he gathered a company of about thirty men, and hastening in pursuit, overtook him on the 2d of June, near Palmyra, about fifteen miles from Lawrence. Pate was encamped when Brown appeared, and having been informed of his approach, had fortified his camp by drawing together some heavy wagons. Brown soon made his arrangements, and notwithstanding the disparity of their forces, commenced the attack, when a spirited battle ensued. This lasted about three hours, when Captain Pate sent out a flag of truce, and unconditionally surrendered. Some of his men had ridden off during the fight, as was also the case with some of Brown's command. Several were severely wounded on both sides, but none were killed. Brown took thirty-one prisoners, a large number of horses, some wagons, arms, munitions, and a considerable amount of plunder that had been seized at various places by Pate's men. Soon after the surrender of Pate, Brown was reinforced by Captain Abbott, with a company of fifty men from the Wakarusa, who had come to his assistance. Whilst Brown was in pursuit of Captain Pate with the free-state men from Ossawattomie, other parties from Lawrence and the Wakarusa were planning an attack on Franklin, where a number of the pro-slavery rangers had remained, since the sacking of Lawrence. Franklin is about four miles from the latter town, near the Wakarusa, and on the road to Westport. It was a sort of Missouri headquarters, where the forces were accustomed to assemble whenever a descent upon Lawrence was contemplated. Having settled the preliminaries to their satisfaction, a company of the attacking party entered Franklin about two o'clock on the morning of June 4th. The night was extremely dark, and everything in and about the town was wrapped in the most profound stillness. Yet the pro-slavery forces had been apprised of the intended visit, and were prepared to give the intruders a warm reception. The latter, numbering about fifteen men, proceeded directly to the guard-house and demanded a surrender, which was answered by the discharge of a cannon planted in the door, that had been loaded heavily with every imaginable sort of missile that could be crammed into its muzzle. The noise of the explosion was like the loud roar of thunder in the very midst of the town. Fortunately for the assailants, the gun was not properly pointed, and its infernal contents passed harmless over their heads. Then came on the battle. A volley from the Sharpe's rifles of the free-state men was poured into the guard-room door, simultaneously with which, many shots came down from the neighboring houses. The attacking party threw themselves upon the ground, and without ​any regular order, kept up a random fire as rapidly as they could load their pieces, their enemies constantly returning their shots. Iu the meantime, reinforcements entered the town, but in consequence of the extreme darkness and the uncertainty of the positions of the contending forces, they could take no part in the light, not being able to distinguish their foes from their friends. They nevertheless made the best of their time, having broken into the stores and loaded their wagon, which had been brought for the purpose, with ammunition, rifles, guns, provisions and such other articles as they desired, the greater part of which were Buford's stores, previously captured from free-state people. The tiring continued on both sides until nearly daylight, when the pro-slavery men retired, leaving their enemies in possession of the town. In this affair a pro-slavery man named Teschmaker was killed, and three or four wounded. One man had his ear shot off. The assailants received no injury whatever. One remarkable feature in all these Kansas battles, is, that although many persons were sometimes engaged, who fought with passions inflamed to the most violent pitch, the loss on either side was almost invariably quite insignificant. Those who suffered death were generally murdered, not in the heat of battle, but deliberately and in cold blood, when the fights were over. General Whitfield, in the meantime, had collected a large force, chiefly from Jackson county, Mo., with which, accompanied by General Peid, and other prominent members of his party, professedly to relieve Captain Pate, and attack and capture Brown, he entered the territory and encamped near Palmyra. Whilst this army was assembling, the free-state bauds were also concentrating and moving towards the same neighborhood. These latter, says one of their own writers, 'were a harum-scarum set, as brave as steel, mostly mere boys, and did not consider it a sin to 'press' a pro-slavery man's horse. At various times they have made more disturbance than all other free-state men together. They were under no particular restraint, and did not recognise any authority—military, civil, or otherwise—any further than suited their convenience. While they went around the country skirmishing, and carrying on the war against the pro-slavery men on their own hook, and in their own time and way, they were at the same time quite willing to lend a hand in more systematic and important fighting when there was au opportunity. These boys have been most bitterly maligned, and the free state men, or conservative free-state men, were not slow to denounce them. Resolutions were passed by the sensitively moral free-state people, or the sensitively timid, declaring that these daring young guerillas were a nuisance, and that they, the conservative class, did not wish to be held responsible for them. To all this moralizing these young braves turned up their noses, ironically recommending all who were too cowardly to fight to 'keep right on the record.' For their own part they regarded the war as begun, and would wage it against the pro-slavery men as the pro-slavery men waged it against their free-state friends.' This was the state of affairs near Hickory Point on the morning of the 5th of June. Whitfield was encamped behind Palmyra with near three hundred men. The free-state camps mustered, on mustering on that day, were about two hundred strong, and two companies ​were marching from Topeka with fifty more, who arrived the day after. The governor, in view of this condition of things, issued a proclamation on the 4th, 'commanding all persons belonging to military companies unauthorized by law to disperse, otherwise they would be dispersed by United States troops.' Col. Sumner, at the head of a large force of dragoons, proceeded towards Hickory Point to enforce the order. He went directly to the camp of Brown, on Ottawa Creek, who consented to disband, but not until he was assured that Whitfield's army should be dispersed. Pate and the other prisoners were then set at liberty, and their horses, arms and other property restored. Captain Pate received a severe rebuke for invading the territory without authority, and especially for being in possession of the United States arms. Col. Sumner next visited the camp of Whitfield, who promised to return with his men to Missouri, and at once moved down the Santa Fe road, and encamped about five miles below Palmyra on the Black Jack. Early on the following morning, June 6th, this army separated into two divisions, one-half of it under General Reid, with Captain Pate, Bell, Jenigen, and other prominent leaders, moving towards Ossawattomie, whilst the others under Whitfield, started for Westport. They had, in their march on the day previous, taken several prisoners, and before they divided, held a court among themselves and tried one of these, a free-state man named Cantral, whom they sentenced to death, carried into a deep ravine near by, and shot. The executioner in this case is said to have been a man named Forman, of Pate's company, belonging to Westport, Missouri. On the 7th, Reid, with one hundred and seventy men, marched into Ossawattomie, and without resistance, entered each house, robbing it of everything of value. There were but few men in the town, and the women and children were treated with the utmost brutality. Stores and dwellings were alike entered and pillaged. Trunks, boxes, and desks were broken open, and their contents appropriated or destroyed. Even rings were rudely pulled from the ears and fingers of the women, and some of the apparel from their persons. The liquor found was freely drunk, and served to incite the plunderers to increased violence in the prosecution of their mischievous work. Having completely stripped the town, they set fire to several houses, and then beat a rapid retreat, carrying off a number of horses, and loudly urging each other to greater haste, as 'the d—d abolitionists were coming!' There are hundreds of well authenticated accounts of the cruelties practiced by this horde of ruffians, some of them too shocking and disgusting to relate, or to be accredited if told. The tears and shrieks of terrified women failed to touch a chord of mercy, and the mutilated bodies of murdered men, hanging upon the trees, or left to rot upon the prairies or in the deep ravines, or furnish food for vultures and wild beasts, told frightful stories of brutal ferocity."
An Indian agent named Gay, was traveling in the vicinity of Westport, and was stopped by a party of Buford's men, who asked if he was in favor of making Kansas a free state. He promptly answered in the affirmative, and was instantly shot dead. Whilst these events were transpiring on the south side of the Kansas river, Col. Wilkes, Captain Emory, and other prominent ​pro-slavery men, were actively employed in persecuting the free-state citizens of Leavenworth. Notices were served on them to quit the city; some were violently seized and imprisoned, and still others carried to the levee, having been deprived of all their property and the greater part of their clothing, placed on board of steamers, and thus compelled to leave the country. At the same time the steamboats coming up the river continued to be boarded at every stopping place, the free-state passengers insulted, their trunks broken open and robbed, and their arms taken from them; after which they were put upon return boats, and forced to go back.
In August, 1856, the troubles in the territory reached their culminating point. The free state immigrants had opened a new route into the territory through Nebraska and Iowa, and large and well-armed companies came pouring in, many of them of irreproachable character, who came to the relief of the oppressed; and others of desperate fortunes, eager to take part in the disturbances, from a spirit of revenge or a love of the excitement; and still others, perhaps for the sole purpose of plunder. These bands were generally under the direction of Lane, Redpath, Perry, and other prominent free state leaders. The pro-slavery marauders south of the Kansas river had established and fortified themselves at the town of Franklin; at a fort thrown up near Osawattomie; at another on Washington Creek, twelve miles from Lawrence; and at Col. Titus' house, on the border of Lecompton. From these strongholds they would sally forth, "press" horses and cattle, intercept the mails, rob stores and dwellings, plunder travellers, burn houses, and destroy crops. The fort near Osawattomie, in consequence of outrages committed in the neighborhood, and at the solicitation of the settlers, was attacked by a company of free state men from Lawrence, on the 5th of August. A party of Georgians who held this position, upon the approach of the enemy, fled without firing a gun, leaving behind a large quantity of plunder. The fort was then taken and demolished. The defeated party retreated to the fort at Washington Creek, and thence continued their depredations upon the neighboring inhabitants. On the 11th, the people of Lawrence sent Major D. S. Hoyt, a peaceable man, who was greatly respected, to this camp to endeavor to make some sort of amicable arrangement with Col. Treadwell, the commander. On his way home he was waylaid and shot, his body being fairly riddled with bullets. This news so enraged the people of Lawrence, that on the 12th they attacked the pro-slavery post at Franklin. The enemy was strongly fortified in a block-house, and had one brass six-pounder. This battle lasted three hours, and was conducted with great spirit on both sides. The free state men, at length, drew a wagon load of hay against the house, and were about to set it on fire, when the inmates cried for quarter. They then threw down their arms and fled. In this engagement the free state men had one killed and six wounded. The other side had four severely wounded, one of them mortally. The cannon taken was one that had been used to batter down the walls of the Lawrence hotel. A general panic seized the Missouri and other southern intruders, on learning these repeated free state successes. On the 15th, the Georgian camp at Washington ​Creek broke up in great confusion, its occupants flying in hot haste as the Lawrence forces approached. This fort was entered without resistance; large quantities of provisions and goods taken at Lawrence were recovered; the building was set on fire and entirely consumed. The next blow was struck at Col. Titus' fortified house, near Lecompton. Lecoinpton was the stronghold of the pro-slavery party. It was the capital of the territory, the headquarters of Governor Shannon, and within two miles of the house of Titus, a large force of United States dragoons was encamped. Captain Samuel Walker, a Pennsylvanian, commanded the attacking army. With about four hundred men and one brass six-pounder, he took up a position upon an elevated piece of ground near the house, soon after sunrise on the morning of the 16th of August. The fight, which was a spirited one, immediately commenced, and resulted in the capture of Titus, Capt. William Donaldson (who also had rendered himself notorious at the sacking of Lawrence and elsewhere), and of eighteen others. Five prisoners, previously taken by Titus' party, were released, one of whom had been sentenced to be shot that very day. One of his men was killed in this engagement, and several others wounded. Titus was shot in the shoulder and hand. Walker's cannon was loaded with slugs and balls cast from the type of the Herald of Freedom, fished out of the Kansas river, where it had been thrown on the day that Lawrence was sacked. Walker set fire to the house of Titus, which was completely destroyed, and carried his prisoners to Lawrence. On the nth of August, Governor Shannon, Dr. Rodrique, and Major Sedgwick visited Lawrence, as a committee from Lecompton, to make a treaty. It was agreed that no more arrests should be made of free state people under the territorial laws; that five free state men arrested after the attack on Franklin, should be set at liberty; and that the howitzer taken by Jones from Lawrence, should be restored. On the 11th, a shocking affair occured in the neighborhood of Leavenworth. Two ruffians sat at a table in a low groggery, imbibing potations of whiskey. One of them, named Fugert, belonging to Atchison's band, bet his companion six dollars against a pair of boots, that he would go out, and in less than two hours bring in the scalp of an abolitionist. He went into the road, and meeting a Mr. Hoppe, who was in his carriage, just returning to Leavenworth from a visit to Lawrence, where he had conveyed his wife, Fugert deliberately shot him; then taking out his bowie-knife, whilst his victim was still alive, he cut and tore off the scalp from his quivering head. Leaving the body of Hoppe lying in the road, he elevated his bloody trophy upon a pole, and paraded it" through the streets of Leavenworth. This murderer was afterwards arrested, tried before Judge Lecompte, and acquitted.
Governor Shannon receiving official notice of his removal, Secretary Woodson took charge of the government. He forthwith issued a proclamation, declaring the territory in a state of rebellion and insurrection, and called for help from Missouri, to drive out and exterminate the destroyers of the public peace. Atchison and Stringfellow soon responded to this call, and concentrated an army of eleven hundred men at Little Santa Fe, on the Missouri ​border. A detachment of Atchison's army, under Gen. Reid, numbering about three hundred men, with one piece of artillery, attacked Osawattomie on the 30th of August. Brown was in command at the time, and, having only between thirty and forty men, he retreated to the timber on the river or creek known as Marias Des Cygnes. The battle which ensued lasted about three hours, Brown having a decided advantage. He was overpowered, however, by superior numbers, and driven to the river, in crossing which he suffered some loss from the enemy. After the retreat of Brown, Reid's forces burned some twenty or thirty houses, robbed the post office and stores, took possession of all the horses, cattle, and wagons in town, and committed many other depredations. They found a man named Garrison concealed in the woods, whom they killed, and wounded another by the name of Cutter, whom they supposed to be dead, but who has since recovered. A Mr. Williams, a pro-slavery man, was murdered by them in mistake.
On the day of the battle at Osawattomie, Lane, with about three hundred men, marched in pursuit of Atchison, who was encamped with the main body of his army on Bull Creek. Atchison would not stop to fight, but retreated into Missouri, and Lane on the following day returned to Lawrence. Whilst these things were occurring, a party of pro-slavery men entered the Quaker Mission, on the Lawrence road, near Westport, plundered it of everything worth carrying away, and brutally treated the occupants. At the same time, Woodson's "territorial militia," were amusing themselves by burning the houses of the free state settlers between Lecompton and Lawrence. Seven buildings were destroyed, among which were the dwellings of Capt. Walker and Judge Wakefield. Because of these outrages, and the seizure of some free state prisoners, Lane, with a large force, proceeded to Lecompton, on September 4th, and before any intimation was received by the citizens, his cannon was frowning upon their houses from the summit of Court House hill. Gen. Richardson, who was in command of the pro-slavery forces, refused to defend the town, having no confidence in the courage of the inhabitants, who were flying in all directions, in confusion and alarm, and he therefore resigned his commission. Gen. Marshall being next in command, held a parley with Lane, who demanded the liberation of free state prisoners. This was agreed to. Lane returned to Lawrence, and the next day the prisoners came down with an escort of United States dragoons. At Leavenworth and vicinity, outrages had been renewed, and were being committed, if possible, with increased ferocity. As Governor Shannon afterwards remarked, "the roads were literally strewn with dead bodies." A United States officer discovered a number of slaughtered men, thirteen, it is stated, lying unburied, who had been seized and brained, some of them being shot in the forehead, and others down through the top of the skull, whilst some were cut with hatchets, and their bodies shockingly and disgustingly mutilated. On the first of September, Capt. Frederick Emory, a United States mail contractor, rendered himself conspicuous in Leavenworth, at the head of a band of ruffians, mostly from Western Missouri. They entered houses, stores, and dwellings of free state people, and, in the ​name of "law and order," abused and robbed the occupants, and drove them out into the roads, irrespective of age, sex, or condition. Under pretence of searching for arms, they approached the house of William Phillips, the lawyer who had previously been tarred and feathered and carried to Missouri. Phillips, supposing he was to be subjected to a similar outrage, and resolved not to submit to the indignity, stood upon his defence. In repelling the assaults of the mob, he killed two of them, when the others burst into the house, and poured a volley of balls into his body, killing him instantly, in the presence of his wife and another lady. His brother, who was also present, had an arm badly broken with bullets, and was compelled to submit to an amputation. Fifty of the free state prisoners were then driven on board the Polar Star, bound for St. Louis On the next day a hundred more were embarked by Emory and his men, on the steamboat Emma.
In July, 1856, Col. John W. Geary, of Pennsylvania, was appointed by the president governor of the territory. His appointment was confirmed unanimously by the senate. In September, he started for Kansas, and on the 6th of that month he held a consultation at Jefferson City with Governor Price, of Missouri, relative to the affairs of the territory, and to whom he unfolded his plans. Measures mutually approved were adopted to clear the Missouri river for the unobstructed transit of free state emigrants to Kansas. On Sunday, the 1th, Gov. Geary arrived at Glasgow, in Missouri. In company with the governor was his private secretary, J. H. Gihon, who, since his return, has published a history of the proceedings in the territory during the administration of Gov. Geary. "On approaching the town of Glasgow," says Mr. Gihon, "a most stirring scene was presented. The entire population of the city and surrounding neighborhood was assembled upon the high bank overlooking the river, and all appeared to be laboring under a state of extraordinary excitement. Whites and blacks—men, women, and children, of all ages, were crowded together in one confused mass, or hurrying hither and yon, as though some terrible event was about to transpire. A large brass-field-piece was mounted in a prominent position, and ever and anon belched forth a fiery flame and deafened the ear with its thundering warlike sounds. When the Keystone touched the landing, a party of about sixty, comprising Captain Jackson's company of Missouri volunteers for the Kansas militia, descended the hill, dragging their cannon with them, and ranged themselves along the shore; the captain, after numerous attempts, failing to get them into what might properly be termed a line. He got them into as good a military position as possible, by backing them up against the foot of the hill. They were as raw and undisciplined a set of recruits as ever shouldered arms. Their ages varied, through every gradation, from the smooth-faced half-grown boy to the gray-bearded old man; whilst their dresses, which differed as much as their ages, gave unmistakable evidences that they belonged to any class of society except that usually termed respectable. Each one carried some description of fire-arm, not two of which were alike. There were muskets, carbines, rifles, shot-guns, and pistols of every size, quality, shape, and style. Some of them were in good condition, ​but others were never intended for use, and still others unfit to shoot robins or tomtits.
"Whilst these parting ceremonies were being performed, a steamboat, bound down the river, and directly from Kansas, came alongside the Keystone. Ex-governor Shannon was a passenger, who, upon learning the close proximity of Gov. Geary, sought an immediate interview with him. The ex-governor was greatly agitated. He had fled in haste and terror from the territory, and seemed still to bo laboring under an apprehension for his personal safety. His description of Kansas was suggestive of everything that is frightful and horrible. Its condition was deplorable in the extreme. The whole territory was in a state of insurrection, and a destructive civil war was devastating the country. Aiurder ran rampant, and the roads were everywhere strewn with the bodies of slaughtered men. No language can exaggerate the awful picture that was drawn; and a man of less nerve than Gov. Geary, believing it not too highly colored, would instantly have taken the backward track, rather than rush upon the dangers so eloquently and fearfully portrayed.
"During this interview, Captain Jackson embarked his company, cannon, wagons, arms and ammunition on board the Keystone, and soon after, she was again on her way. Opportunities now occurred for conversation with the volunteers. Very few of them had any definite idea of the nature of the enterprise in which they had embarked. The most they seemed to understand about the matter was, that they were to receive so much per diem for going to Kansas to hunt and kill abolitionists. They seemed to apprehend no danger to themselves, as they had been told the abolitionists would not fight; but being overawed by the numbers and warlike appearance of their adversaries, would escape as rapidly as possible out of the territory, leaving behind them any quantity of land, horses, clothing, arms, goods and chattels, all of which was to be divided among the victors.
"The Keystone no sooner touched the shore at Kansas City, than she was boarded by half a dozen or more of the leading ruffians, who dashed through the cabins and over the decks, inspecting the passengers and the state-rooms to satisfy themselves that no abolitionists were on board. She remained at Kansas City only long enough for Captain Jackson to land his company with its paraphernalia of war, and to undergo a thorough inspection of the border ruffian inquisitors, when she proceeded up the river for Fort Leavenworth. She left Kansas City late on the evening of the 8th, and soon after day-break of the 9th, reached the landing at Leavenworth City, three miles below the fort. Here was given another exhibition of the wretched condition of the country and deplorable spirit of the times. In front of the grog-shops, and these comprised nearly every house on the river front; on piles of wood, lumber, and stone; upon the heads of whiskey barrels; at the corners of the streets; and upon the river bank—lounged, strolled, and idled, singly or in squads, men and boys clad in the ruffian attire, giving sure indication that no useful occupation was being pursued, and that vice, confusion, and anarchy had undivided and undisputed possession of the town. Armed horsemen were ​dashing about in every direction, the horses' feet striking fire from the stones beneath, and the sabres of the riders rattling by their sides. The drum and fife disturbed the stillness of the morning, and volunteer companies were on parade and drill, with all the habiliments and panoply of war. The town was evidently under a complete military rule, and on every side were visible indications of a destructive civil strife."
Previous to Gov. Geary's departure from Fort Leavenworth for Lecompton, the capital of the territory, he addressed a communication to the Hon. Wm. L. Marcy, secretary of state of the United States, in which he describes the condition of the territory at the time of his arrival:
| "Fort Leavenworth, Kansas Territory, "September 9, 1856. | "Fort Leavenworth, Kansas Territory, "September 9, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Hon. Wm. L. Marcy:
"Dear Sir: I arrived here this morning, and have passed the day mostly in consultation with Gen. P. F. Smith, in relation to the affairs of the territory, which, as I am now on the spot, I begin more clearly to understand. It is no exaggeration to say that the existing difficulties are of a far more complicated character than I had anticipated.
"I find that I have not simply to contend against bands of armed ruffians and brigands, whose sole aim and end is assassination and robbery—infatuated adherents and advocates of conflicting political sentiments and local institutions— and evil-disposed persons, actuated by a desire to obtain elevated positions; but worst of all, against the influence of men who have been placed in authority, and have employed all the destructive agents around them to promote their own personal interests, at the sacrifice of every just, honorable, and lawful consideration.
"I have barely time to give you a brief statement of facts as I find them. The town of Leavenworth is now in the hands of armed bodies of men, who, having been enrolled as militia, perpetrate outrages of the most atrocious character under shadow of authority from the territorial government. Within a few days, these men have robbed and driven from their homes unoffending citizens; have fired upon and killed others in their own dwellings; and stolen horses and property under the pretense of employing them in the public service. They have seized persons who had committed no offense; and after stripping them of all their valuables, placed them on steamers, and sent them out of the territory. Some of these bands, who have thus violated their rights and privileges, and shamefully and shockingly misused and abused the oldest inhabitants of the territory, who had settled here with their wives and children, are strangers from distant states, who have no interest in, nor care for the welfare of Kansas, and contemplate remaining here only so long as opportunities for mischief and plunder exist.
"The actual pro-slavery settlers of the territory are generally as well-disposed persons as are to be found in most communities. But there are among them a few troublesome agitators, chiefly from distant districts, who labor assiduously to keep alive the prevailing sentimental ​"It is also true that among the free-soil residents are many peaceable and useful citizens; and if uninfluenced by aspiring demagogues, would commit no unlawful act. But many of these, too, have been rendered turbulent by officious meddlers from abroad. The chief of these is Lane, now encamped and fortified at Lawrence, with a force, it is said, of fifteen hundred men. They are suffering for provisions, to cut off the supplies of which, the opposing faction is extremely watchful and active.
"In isolated or country places, no man's life is safe. The roads are filled with armed robbers, and murders for mere plunder are of daily occurrence. Almost every farm-house is deserted, and no traveler has the temerity to venture upon the highway without an escort.
"Such is the condition of Kansas, faintly pictured. It can be no worse. Yet I feel assured that I shall be able ere long to restore it to peace and quiet. To accomplish this, I should have more aid from the general government. The number of United States troops here is too limited to render the needed services. Immediate reinforcements are essentially necessary; as the excitement is so intense, and citizens generally are so much influenced by their political prejudices, that members of the two great factions cannot be induced to act in unison, and therefore cannot be relied upon. As soon, however, as I can succeed in disbanding a portion of those now in service, I will from time to time cause to be enrolled as many of the bona fide inhabitants as exigencies may seem to require. In the meantime, the presence of additional government troops will exert a moral influence that cannot be obtained by any militia that can here be called into requisition.
"In making the foregoing statements, I have endeavored to give the truth, and nothing but the truth. I deem it important that you should be apprised of the actual state of the case; and whatever may be the effect of such relations, they will be given, from time to time, without extenuation.
"I shall proceed early in the morning to Lecompton, under an escort furnished by Gen. Smith, where I will take charge of the government, and whence I shall again address you at an early moment.
"Very respectfully, your obedient servant,
"Jno. W. Geary,
"Governor of Kansas."
Governor Geary proceeded forthwith to Lecompton, the capital of the territory. This town is situated on the Kansas river, about fifty miles from its junction with the Missouri, and contained at that time about thirty houses. Some $50,000 had been appropriated by congress for public buildings. No free-state man was permitted to live in the place. At Lecompton, Governor Geary issued his inaugural address.
GOVERNOR GEARY'S INAUGURAL.
"Fellow-Citizens:—I appear among you a stranger to most of you, and for the first time have the honor to address you, as the governor of the territory of Kansas. The position was not sought by me; but was voluntarily tendered by the present chief magistrate of the nation. As an American ​citizen, deeply conscious of the blessings which ever flow from our beloved state. I did not consider myself at liberty to shrink from any duties, however delicate and onerous, required of me by my country.
"With a full knowledge of all the circumstances surrounding the executive office, I have deliberately accepted it, and as God may give me strength and ability, I will endeavor faithfully to discharge its varied requirements. When I received my commission I was solemnly sworn to support the constitution of the United States, and to discharge my duties as governor of Kansas with fidelity. By reference to the act for the organization of this territory, passed by congress on the 30th day of March, 1854, I find my duties more particularly defined. Among other things, I am 'to take care that the laws be faithfully executed.'
"The constitution of the United States and the organic law of the territory, will be the lights by which I will be guided in my official career.
"A careful and dispassionate examination of our organic act will satisfy any reasonable person that its provisions are eminently just and beneficial. If this act has been distorted to unworthy purposes, it is not the fault of its provisions. The great leading feature of that act is the right therein conferred upon the actual and bona fide inhabitants of this territory 'in the exercise of self-government, to determine for themselves what shall be their domestic institutions, subject only to the constitution and the laws duly enacted by congress, under it.' The people, accustomed to self-government in the states from whence they came, and having removed to this territory with the bona fide intention of making it their future residence, were supposed to be capable of creating their own municipal government, and to be the best judges of their own local necessities and institutions; This is what is termed "popular sovereignty." By this phrase we simply mean the right of the majority of the people of the several states and territories, being qualified electors, to regulate their own domestic concerns, and to make their own municipal laws. Thus understood, this doctrine underlies the whole system of republican government. It is the great right of self-government, for the establishment of which our ancestors, in the stormy days of the revolution, pledged 'their lives, their fortunes and their sacred honor.'
"A doctrine so eminently just should receive the willing homage of every American citizen. When legitimately expressed, and duly ascertained, the will of the majority must be the imperative rule of civil action for every law abiding citizen. This simple, just rule of action has brought order out of chaos, and by a progress unparalleled in the history of the world, has made a few feeble, infant colonies, a giant confederated republic.
"No man, conversant with the state of affairs now in Kansas, can close his eyes to the fact that much civil disturbance has for a long time past existed in this territory. Various reasons have been assigned for this unfortunate state of affairs, and numerous remedies have been proposed.
"The house of representatives of the United States have ignored the claims of both gentlemen claiming the legal right to represent the people of this ​territory in that body. The Topeka constitution, recognized by the house, has been repudiated by the senate. Various measures, each in the opinion of its respective advocates, suggestive of peace to Kansas, have been alternately proposed and rejected. Men, outside of the territory, in various sections of the Union, influenced by reasons best known to themselves, have endeavored to stir up internal strife, and to array brother against brother.
"In this conflict of opinion, and for the promotion of most unworthy purposes, Kansas is left to suffer, her people to mourn, and her prosperity is endangered.
"Is there no remedy for these evils? Cannot the wounds of Kansas bo healed, and peace restored to all her borders?
"Men of the north—men of the south—of the east, and of the west, in Kansas, you, and you only, have the remedy in your own hands. Will you not suspend fratricidal strife? Will you not cease to regard each other as enemies, and look upon one another as the children of a common mother, and come and reason together?
"Let us banish all outside influences from our deliberations, and assemble around our council board with the constitution of our country and the organic law of this territory, as the great charts for our guidance and direction. The bona fide inhabitants of the territory alone are charged with the solemn duty of enacting her laws, upholding her government, maintaining peace, and laying the foundation for a future commonwealth.
"On this point let there be a perfect unity of sentiment. It is the first great step towards the attainment of peace. It will inspire confidence amongst ourselves and insure the respect of the whole country. Let us show ourselves worthy and capable of self-government.
"Do not the inhabitants of this territory better understand what domestic institutions are suited to their condition—what laws will be most conducive to their prosperity and happiness, than the citizens of distant, or even neighboring states? This great right of regulating our own affairs and attending to our own business, without any interference from others, has been guaranteed to us by the law which congress has made for the organization of this territory. This right of self-government—this privilege guaranteed to us by the organic law of our territory, I will uphold with all my might, and with the entire power committed to me.
"In relation to any changes of the laws of the territory which I may deem desirable, I have no occasion now to speak; but these are subjects to which I shall direct public attention at the proper time.
"The territory of the United States is the common property of the several states, or of the people thereof. This being so, no obstacle should be interposed to the free settlement of this common property, while in a territorial condition.
"I cheerfully admit that the people of this territory, under the organic act, have the absolute right of making their own municipal laws. And from citizens who deem themselves agrieved by recent legislation, I would invoke the ​utmost forbearance, and point out to them a sure and peaceable remedy. Top have the right to ask the next legislature to revise any and all laws; and in the meantime, as you value the peace of the territory and the maintenance of future laws, I would earnestly ask you to refrain from all violations of the present statutes.
"I am sure that there is patriotism sufficient in the people of Kansas to induce them to lend a willing obedience to law. All the provisions of the constitution of the United States must be sacredly observed—all the acts of congress, having reference to this territory, must be unhesitatingly obeyed, and the decisions of our courts respected. It will be my imperative duty to see that these suggestions are carried into effect. In my official action here, I will do justice at all hazards. Influenced by no other considerations than the welfare of the whole people of this territory, I desire to know no party, no section, no north, no south, no east, no west—nothing but Kansas and my country.
"Fully conscious of my great responsibilities in the present condition of Kansas, I must invoke your aid, and solicit your generous forbearance. Your executive officer can do little without the aid of the people. With a firm reliance upon divine providence, to the best of my ability, I shall promote the interests of the citizens of this territory, not merely collectively, but individually, and I shall expect from them, in return, that cordial aid and support, without which the government of no state or territory can be administered with beneficent effect.
Let us all begin anew. Let the past be buried in oblivion. Let all strife and bitterness cease. Let us all honestly devote ourselves to the true interests of Kansas; develop her rich agricultural and mineral resources; build up manufacturing enterprises; make public roads and highways; prepare amply for the education of our children; devote ourselves to all the arts of peace; and make our territory the sanctuary of those cherished principles which protect the inalienable rights of the individual, and elevate states in their sovereign capacities.
"Then shall peaceful industry soon be restored; population and wealth will flow upon us; 'the desert will blossom as the rose;' and the state of Kansas will soon be admitted into the Union, the peer and pride of her elder sisters.
"John W. Geary."
Simultaneously with this address, developing the policy by which his official action was to be guided and controlled, the governor published the following proclamations:—
PROCLAMATION.
"Whereas, A large number of volunteer militia have been called into the service of the territory of Kansas, by authority of the late acting governor, for the maintenance of order, many of whom have been taken from occupations ​or business, and deprived of their ordinary means of support and of their domestic enjoyments; and
"Whereas, The employment of militia is not authorized by my instructions from the general government, except upon requisition of the commander of the military department in which Kansas is embraced; and
"Whereas, An authorized regular force has been placed at my disposal, sufficient to insure the execution of the laws that may be obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings; now
"Therefore, I, John W. Geary, governor of the territory of Kansas, do issue this, my proclamation, declaring that the services of such volunteer militia are no longer required; and hereby order that they be immediately discharged. The secretary and adjutant-general of the territory will muster out of service each command at its place of rendezvous.
"And I command all bodies of men, combined, armed and equipped with munitions of war, without authority of the government, instantly to disband or quit the territory, as they will answer the contrary at their peril.
"In testimony whereof, I have hereunto set my hand, and affixed the seal of the territory of Kansas.
"Done at Lecompton, this eleventh day of September, in the year of our Lord one thousand eight hundred and fifty-six.
John W. Geary,
Governor of Kansas Territory."
PROCLAMATION.
"Whereas, It is the true policy of every state or territory to be prepared for any emergency that may arise from internal dissension or foreign invasion:
"Therefore, I, John W. Geary, governor of the territory of Kansas, do issue this my proclamation, ordering all free male citizens, qualified to bear arms, between the ages of eighteen and forty-five years, to enrol themselves, in accordance with the act to organize the militia of the territory, that they may be completely organized by companies, regiments, brigades, or divisions, and hold themselves in readiness, to be mustered, by my order, into the service of the United States, upon requisition of the commander of the military department in which Kansas is embraced, for the suppression of all combinations to resist the laws, and for the maintenance of public order and civil government.
"In testimony whereof, I have hereunto set my hand, and affixed the seal of the territory of Kansas.
"Done at Lecompton, this eleventh day of September, in the year of our Lord one thousand eight hundred and fifty-six.
John W. Geary,
Governor of Kansas Territory."
When Governor Geary's appointment was first announced in Kansas, it was generally understood that he would not affiliate with either party, but would use his endeavors to carry out the doctrine of popular sovereignty. Measures were immediately set on foot, by the pro-slavery party, to frustrate his plans, by gathering an army in Missouri and other slave states, with which to overrun ​the territory, and drive out the free state people. An address was issued for circulation in the slave states, calling for assistance, and signed by Atchison, Stringfellow, Reid, Doniphan, and others. From this address we extract the following:
"We have asked the appointment of a successor who was acquainted with our condition; who, a citizen of the territory, identified with its interests, familiar with its history, would not be prejudiced or misled by the falsehoods which have been so systematically fabricated against us—one who, heretofore a resident as he is a native of a non-slaveholding state, is yet not a slaveholder, but has the capacity to appreciate, and the boldness and integrity requisite faithfully to discharge his duty, regardless of the possible effect it might have upon the election of 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 too much cause to fear will, if no worse, prove no more efficient to protect us than his predecessors.
"With, then, a government which has proved imbecile—has failed to enforce the laws for our protection—with an army of lawless banditti overrunning our country—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 await the convenience, in coming, of our newly appointed governor. We cannot hazard a second edition of imbecility or corruption.
"We must act at once and effectively. These traitors, assassins, and robbers must be punished; must now be taught a lesson they will remember.
"We wage no war upon men for their opinions; have never attempted to exclude any from settling among us; we have demanded only that all should alike submit to the law. To all such we will afford protection, whatever be their political opinions. But Lane's army and its allies must be expelled from the territory. Thus alone can we make safe our persons and property—thus alone can we bring peace to our territory.
"To do this we will need assistance. Our citizens unorganized, many of them unarmed, for they came not as soldiers—though able heretofore to assemble a force sufficient to compel the obedience of the rebels, now that they have been strengthened by this invading army, thoroughly drilled, perfectly equipped, mounted, and ready to march at a moment's notice, to attack our defenceless settlements—may be overpowered. Should we be able even to vanquish this additional force, we are threatened with a further invasion of like character through Iowa and Nebraska.
"This is no mere local quarrel; no mere riot; but it is a war! a war waged by an army! a war professedly for our extermination. It is no mere resistance to the laws; no simple rebellion of our citizens, but a war of invasion—the army a foreign army—properly named the 'army of the north.'
"It is then 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 Shannon, in the absence of Governor Geary, has fearlessly met the responsibilities of the trust forced upon him, has proclaimed the existence of the rebellion, and called on the militia of the territory to assemble for its suppression.
"We call on you to come 1 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.
"Our people though poor, many of them stripped of their all, others harassed by these fiends, so that they have been unable to provide for their families, are yet true men; will stand with you shoulder to shoulder in defence of rights, of principles in which you have a common if not deeper interest than they.
"By the issue of this struggle is to bo decided whether law or lawlessness shall reign in our country. If we are vanquished you too will be victims. Let not our appeal be in vain!"
Before Governor Geary's arrival, Secretary Woodson, the acting governor of the territory after the flight of Shannon, issued the following proclamation. This was issued at a time when Woodson was aware that Geary was on his way to the territory:
"PROCLAMATION.
"Whereas, satisfactory evidence exists that the territory of Kansas is infested with large bodies of armed men, many of whom have just arrived from the states, combined and confederated together, and amply supplied with the munitions of war, under the direction of a common head, with a thorough military organization, who have been and are still engaged in murdering law-abiding citizens of the territory, driving others from their homes, and compelling them to flee to the states for protection, capturing and holding others as prisoners of war, plundering them of their property, and in some instances burning down their houses and robbing United States post offices, and the local militia of the arms furnished them by the government, in open defiance and contempt of the laws of the territory, and of the constitution and laws of the United States, and of civil and military authority thereof—all for tho purpose of subverting, by force and violence, the government established by law of congress in this territory.
"Now, therefore, I, Daniel Woodson, acting governor of the territory of Kansas, do hereby issue my proclamation declaring the said territory to be in a state of open insurrection and rebellion; and I do hereby call upon all law-abiding citizens of the territory to rally to the support of their country and its laws, and require and command all officers, civil and military, and all other citizens of the territory, to aid and assist by all means in their power, in putting down the insurrectionists, and bringing to condign punishment all persons engaged with them, to the end of assuring immunity from violence, and full ​protection to the persons, property, and civil rights to all peaceable and law-abiding inhabitants of the territory.
"In testimony whereof, I have hereunto set my hand and caused to be attached the seal of the territory of Kansas.
"Done at the city of Lecompton, this twenty-fifth day of August, in the year of our Lord eighteen hundred and fifty-six, and of the independence of the United States the eightieth.
"Daniel Woodson, Acting Governor, K. T."
Private letters were written by the acting governor to parties in Missouri, calling for men, money, and the munitions of war, to carry out the purposes of the pro-slavery party. The address, the proclamation, and the letters had the effect of calling into the territory large numbers of armed men, chiefly from Missouri, with passions highly inflamed, and prepared for a war of extermination against the free state settlements. Such was the state of affairs on the arrival of governor Geary at Lecompton.
In accordance with his proclamation, he forthwith proceeded to disband all the armed bodies in the territory which had been collected under the authority of secretary Woodson, and to this end he issued the following orders to the proper military officers; and on the same day sent the following dispatch to secretary Marcy:
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| September 12, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Adjt.-Gen. H. J. Strickler:
"Dear Sir: You will proceed without a moment's delay to disarm and disband the present organized militia of the territory, in accordance with the instructions of the president, and the proclamations which I have issued, copies of which you will find enclosed. You will also take care to have the arms belonging to the territory deposited in a place of safety and under proper accountability.
"Yours, &c., Jno. W. Geary, "Governor of Kansas Territory."
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| September 12, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Inspector-Gen. Thos. J. B. Cramer:
"Sir: You will take charge of the arms of the territory of Kansas, now in the hands of the militia about to be disbanded and mustered out of the service by the adjutant-general. You will also carefully preserve the same agreeably to the 15th section of the act of assembly, to organize, discipline, and govern the militia of the territory.
"Yours, &c., Jno. W. Geary, "Governor of Kansas Territory."
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| September 12, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Hon. Wm. L. Marcy,
"Secretary of State, Washington, D. C.
"My Dear Sir: I arrived here late on the night of the 10th inst., having ​crossed from Fort Leavenworth with an escort furnished me by General Smith. On the road, T witnessed numerous evidences of the atrocities that are being committed by the bauds of marauders that infest the country. In this place everything is quiet; which is attributable to the presence of a large force of United States troops. The trial of the United States prisoners was to have taken place on the day of my arrival; but in consequence of the absence of the district attorney, and the non-appearance of witnesses, it was deferred until the next regular term of court, Judge Lecompte admitting the prisoners to bail in the sum of five thousand dollars each. They departed on the same day for Lawrence, where Lane still continues in force.
"Accompanying this you will find printed copies of my inaugural address, and my first proclamations, which will exhibit the policy I have thus far thought proper to pursue.
" I have determined to dismiss the present organized militia, after consultation with and by the advice of General Smith; and for the reasons that they were not enrolled in accordance with the laws; that many of them are not citizens of the territory; that some of them were committing outrages under the pretence of serving the public; and that they were unquestionably perpetuating, rather than diminishing, the troubles with which the territory is agitated.
"I have also, as you will see, taken the proper steps to enroll the militia of the territory, agreeably to the act of assembly, and to your instructions o* September 2d. I trust that the militia, thus organized, may be rendered serviceable to the government. It is probable also that these proclamations may have the tendency to disband the free state organizations at Lawrence.
"Nothing of material importance has occurred, or come under my notice, since I last addressed you. I shall continue to keep you apprised of all matters that I may deem of sufficient interest to communicate.
"As there is no telegraphic communication nearer than Boonville, I am compelled to trust my dispatches to the mails, which are now in this region somewhat uncertain.
"Most truly and respectfully, your obedient servant,
"Jno. W. Geary."
At the time of writing the above, the strength, movements and designs of the Missouri army were unknown to Governor Geary; but soon afterwards their plans and operations began to be developed. Shortly after midnight, on the morning of September 13th, the governor received a messenger bearing the following dispatch:
| "Head Quarters, Mission Creek, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| 11th September, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"To His Excellency, J. W. Geary,
"Governor of Kansas Territory.
"Sir: In obedience to the call of Acting-Governor Woodson, I have organized a militia force of about eight hundred men who are now in the field, wady for duty, and impatient to act. Hearing of your arrival, I beg leave to ​report them to you for orders. Any communication forwarded to us, will find us encamped at or near this point.
"I have the honor to be, respectfully, your obedient servant,
* "Wm. A. Heiskill,
* "Brig. Gen. Com. 1st Brig., Southern Division, Kansas Militia.
"By order: L. A. Maclean, Adjutant."
Not more than an hour after the receipt of the foregoing, a second messen- ger arrived, himself almost exhausted with a long and fast ride, and his horse nearly broken down, and presented the following:
| "Head Quarters, Mission Camp,) | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "12th September, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"To His Excellency, J. W. Geary,
"Governor of Kansas Territory.
"Sir: Yesterday I had the honor to report to you my command of the Kansas Militia, then about eight hundred strong, which was dispatched via Leavenworth. In case it may not have reached you, I now report one thous- sand men as territorial militia, called into the field by proclamation of Acting- Governor Woodson, and subject to your orders.
"I have the honor to be, respectfully, your obedient servant,
* "Wm. A. Heiskill,
* "Brig. Gen. Com. 1st Brig., Southern Division, Kansas Militia.
"By order: L. A. Mclean, Adjutant."
Without a moment's hesitation, the governor determined at once to disband these troops and send them back to their homes; and he accordingly answered the dispatches of General Heiskell, as follows:
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| September 12, 1856, 1½ o'clock | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Brig. Gen. Wm. A. Heiskell:
"Sir: Your first and second dispatches have been received. I will communicate with you through the person of either the secretary of the territory, or the adjutant-general, as soon as he can reach your camp, he starting from this place at an early hour this morning.
"Very respectfully yours,
Jno. W. Geary, "Governor of Kansas Territory.
Whilst the foregoing was being written, a message was received from a special agent of the governor, dated at Lawrence, in which he says:
"I arrived here a few moments ago, and distributed the address and proclamations, and found the people prepared to repel a contemplated attack from the forces coming from Missouri. Reports are well authenticated, in the opinion of the best men here, that there are within six miles of this place a large number of men — three hundred have been seen. * * At this moment one of the scouts came in, and reports the forces marching against them at Franklin, three miles off, and all have flown to their arms to meet them." ​This message was enclosed with the following dispatch, and soul immediately to Colonel Cook, commanding United States forces near Lecompton:
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| Sept 13, 1856, at 1½ o'clock, a. m. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Col. P. St. George Cook:
"Dear Sir: The accompanying dispatch, just received from Lawrence, gives sufficient reason to believe that trouble of a serious character is likely to take place there. Mr. Adams, the writer of the dispatch, is a special agent whom I sent down last evening to ascertain the state of affairs. I think you had better send immediately to Lawrence a force sufficient to prevent bloodshed, as it is my orders from the president to use every possible means to prevent collisions between belligerent troops. If desirable, I will accompany the forces myself, and should be glad to have you go along.
"Truly yours,Jno. W. Geary, "Governor of Kansas Territory."
Colonel Cook, with three hundred mounted soldiers and four pieces of artillery, started immediately for Lawrence, accompanied by Governor Geary. On their arrival they learned that the danger was not imminent. The citizens of Lawrence were under arms and the town fortified at every point. The governor assembled the inhabitants, cautioned them against the commission of any unlawful acts, and promised them his protection in case they were attacked. He was immediately recalled to Lecompton with the troops in consequence of troubles in that neighborhood. Upon his arrival he found his office thronged with people excited by the intelligence that Lane meditated an attack upon the pro-slavery settlements of Hickory Point, Osawkee and the neighborhood; some of the inhabitants of those places having fled in terror to Lecompton. Affidavits were made of outrages committed and handed to the governor, upon the receipt of which he made the following requisition upon Colonel Cook:
| "Executive Department, Lecompton, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| September 14th, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Col. P. St. G. Cook:
"Dear Sir: You will perceive by the accompanying affidavit, and from verbal statements that will be made to you by Dr. Tebbs, that a desperate state of affairs is existing at Osawkee and its vicinity, which seems to require some action at our hands. I strongly recommend that you send a force, such as you can conveniently spare, to visit that neighborhood, at the earliest moment. If such a force cannot succeed in arresting the perpetrators of the outrages already committed, and of which complaint has been made in due form, it may at least tend to disperse or drive off the band or bands of marauders who are threatening the lives and property of peaceable citizens. The deputy marshall will accompany such troops as you may judge expedient to detail on this service."
Very respectfully and truly yours,Jno. W. Geary, "Governor of Kansas Territory."
A detachment of dragoons was forthwith dispatched by Colonel Cook to ​pursue the marauders and protect the neighborhood. At midnight they fell in with a party of armed men and took one hundred of them prisoners without resistance. They were mostly mounted, and heavily armed, and had with them a brass field-piece and several wagons, all of which were captured and taken to Lecompton They were said to be a detachment of forces of General Lane, under command of Captain Harvey, and were on their way from Lawrence to join a large body from Topeka. They had been engaged in an affray at Hickory Point. One of the leaders, on being asked if they had not read the governor's proclamation, wittily replied, "Oh yes, and before we commenced our fire upon the border ruffians, we read the proclamation to them, and commanded them to surrender in the name of the governor." These prisoners were taken to a dilapidated house in Lecompton and guarded by a company of militia under command of Colonel Titus. Here they suffered for the want of food, clothing and bedding; overrun with vermin, and exposed to constant insults from the guards. At the October term of the district court, some were acquitted and others convicted of manslaughter. These were sentenced to terms of confinement varying from five to ten years of hard labor, and to wear a ball and chain. As sheriff Jones had not been permitted by the verdict to hang the prisoners, he was exceedingly anxious to apply the ball and chain, and wrote to Governor Geary that "It is indipensably necessary that balls and chains should be furnished, and understanding that the same can be procured by your application to General Smith, I will request that you will procure and have them sent over at the earliest day possible." To this application the governor replied that "General Smith has no balls and chains for the purpose—nor is it deemed advisable to procure any." The governor immediately remitted that portion of their sentence requiring the ball and chain, as being "cruel and unusual, and especially inappropriate." The prisoners were subsequently placed under the charge of Captain Hampton, Master of Convicts, an office created by an act of the territorial legislature. They were treated with a kindness and consideration by that generous hearted Kentuckian, which called down upon him the vengeance of the leading members of his party, and his removal by the governor was demanded. The prisoners were subsequently pardoned by Governor Geary.
While the governor was attending to the troubles at Hickory Point, a large army was gathering on the Wakarusa preparatory to an attack on Lawrence. As these men styled themselves the territorial militia and were called into service by Woodson, the governor immediately commanded that officer to take with him adjutant-general Strickler with an escort of United States troops and disband the forces he had assembled. But Woodson discovered that he had raised a storm which he could not control. Mr. Adams, who accompanied Woodson to the camp, sent the following dispatch to the governor:
"His Excellency, Governor Geary:
"Sir: I went as directed to the camp of the militia, and found at the town of Franklin, three miles from this place, encamped three hundred men, with four pieces of artillery. One mile to the right, on the Wakarusa, I found a ​very large encampment of three hundred tents and wagons. They claim to have two thousand five hundred men; and from the appearance of the camp, I have no doubt they have that number. General Reid is in command. I saw and was introduced to General Atchison, Col. Titus, Sheriff Jones, General Richardson, etc. The proclamations were distributed.
"Secretary Woodson and General Strickler had not, up to the time I left, delivered their orders, but were about doing so as soon as they could get the officers together.
"The outposts of both parties were fighting about an hour before sunset. One man killed of the militia, and one house burned at Franklin.
"There were but few people at Lawrence, most of them having gone to their homes after your visit here.
"I reported these facts to the officer in command here, and your prompt action has undoubtedly been the means of preventing the loss of blood and saving valuable property.
"Secretary Woodson thought you had better come to the camp of the militia as soon as you can. I think a prompt visit would have a good effect. I will see you as you come this way, and communicate with you more fully.
"Very respectfully, your obedient servant,
"Theodore Adams."
Before this dispatch reached Lecompton, the governor had departed with three hundred United States mounted troops and a battery of light artillery, and riding speedily, arrived at Lawrence early in the evening of the 14th, where he found matters precisely as described. Skillfully stationing his troops outside the town, in commanding positions, to prevent a collision between the invading forces from Missouri and the citizens, he entered Lawrence alone, and there he beheld a sight which a writer has thus eloquently described:
"About three hundred persons were found in arms, determined to sell their lives at the dearest price to their ruffian enemies. Among these were many women, and children of both sexes, armed with guns and otherwise accoutred for battle. They had been goaded to this by the courage of despair. Lawrence was to have been their Thermopylæ, and every other free town would have proved a Saragossa. When men determine to die for the right, a hecatomb of victims grace their immolation; but when women and children betake themselves to the battle-field, ready to fight and die with their husbands and fathers, heroism becomes the animating principle of every heart, and a giant's strength invigorates every arm. Each drop of blood lost by such warriors becomes a dragon's tooth, which will spring from the earth, in all the armor of truth and justice, to exact a fearful retribution. Had Lawrence been destroyed, and her population butchered, the red right hand of vengeance would have gleamed over the entire south, and the question of slavery have been settled by a bloody and infuriated baptism. There are such examples in history, and mankind have lost none of their impulses or human emotions.
"Gov. Geary addressed the armed citizens of Lawrence, and when he assured them of his and the law's protection, they offered to deposit their arms ​at his feet and return to their respective habitations. He bid them go to their homes in confidence, and to carry their arms with them, as the constitution of the Union guaranteed that right; but to use those arms only in the last resort to protect their lives and property, and the chastity of their females. They obeyed the governor and repaired to their homes."
On the morning of the 15th of September, the governor, having left the United States troops to protect the town of Lawrence, proceeded alone to the camp of the invading army, then within three miles, and drawn up in order of battle. The scene that was presented is thus described by the governor's private secretary: "The militia had taken a position upon an extensive and beautiful plain near the junction of the Wakarusa with the Kansas river. On one side towered a lofty hill, known as the Blue Mound, and on the other Mount Oread showed its fortified summit. The town of Franklin, from its elevated site, looked down upon the active scene, while beyond, in a quiet vale, the more flourishing city of Lawrence reposed as though unconscious of its threatened doom. The waters of the Kansas river might be seen gliding rapidly toward the Missouri, and the tall forest trees which line its banks, plainly indicated the course of the Wakarusa. The red face of the rising sun was just peering over the top of the Blue Mound, as the governor, with his strange escort of three hundred mounted men, with red shirts and odd-shaped hats, descended upon the Wakarusa plain. There, in battle array, were ranged at least three thousand armed and desperate men. They were not dressed in the usual habiliments of soldiers; but in every imaginable costume that could be obtained in that western region. Scarcely two presented the same appearance, while all exhibited a ruffianly aspect. Most of them were mounted, and manifested an unmistakable disposition to be at their bloody work. In the background stood at least three hundred army tents and as many wagons, while here and there a cannon was planted ready to aid in the anticipated destruction. Among the banners floated black flags to indicate the design that neither age, sex, nor condition would be spared in the slaughter that was to ensue. The arms and cannon also bore the black indices of extermination.
"In passing along the lines, murmurs of discontent and savage threats of assassination fell upon the governor's ears; but heedless of these, and regardless, in fact, of everything but a desire to avert the calamity that was impending, he fearlessly proceeded to the quarters of their leader.
"This threatening army was under the command of General John W. Reid, then and now a member of the Missouri legislature, assisted by ex-senator Atchison, General B. F. Stringfellow, General L. A. Maclean, General J. W. Whitfield, General George W. Clarke, Generals Win. A. Heiskell, Wm. H. Richardson, and F. A. Marshal, Colonel H. T. Titus, Captain Frederick Emory, and others of similar character.
"Gov. Geary at once summoned the officers together, and addressed them at length and with great feeling. He depicted in a forcible manner the improper position they occupied, and the untold horrors that would result from the consummation of their cruel designs: that if they persisted in their mad career, ​the entire Union would be involved in a civil war, and thousands and tens of thousands of innocent lives be sacrificed. To Atchison, he especially addressed himself, telling him that when he last saw him, he was acting as vice-president of the nation and president of the most dignified body of men in the world, the senate of the United States; but now with sorrow and pain he saw him leading on to a civil and disastrous war an army of men, with uncontrollable passions, and determined upon wholesale slaughter and destruction. He concluded his remarks by directing attention to his proclamation, and ordered the army to be disbanded and dispersed. Some of the more judicious of the officers were not only willing, but anxious to obey this order; whilst others, resolved upon mischief, yielded a very reluctant assent. General Clarke said he was for pitching into the United States troops, if necessary, rather than abandon the objects of the expedition. General Maclean didn't see any use of going back until they had whipped the d—d abolitionists. Sheriff Jones was in favor, now they had a sufficient force, of 'wiping out' Lawrence and all the free state towns. And these and others cursed Gov. Geary in not very gentle expressions for his untimely interference with their well-laid plans. They, however, obeyed the order, and retired, not as good and law-loving citizens, but as bands of plunderers and destroyers, leaving in their wake ruined fortunes, weeping eyes, and sorrowing hearts."
On the 16th of September, the governor dispatched the following letter to Secretary Marcy:
| "Executive Department, Lecompton, K. T., | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "September 16, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Hon. Wm. L. Marcy, Secretary of State:
"My Dear Sir: My last dispatch was dated the 12th instant, in which I gave you a statement of my operations to that date. Since then, I have had business of the deepest importance to occupy every moment of my attention, and to require the most constant watchfulness and untiring energy. Indeed, so absolutely occupied is all my time, that I scarcely have a minute to devote to the duty of keeping you apprised of the true condition of this territory. I have this instant returned from an expedition to Lawrence and the vicinity, and am preparing to depart almost immediately for other sections of the territory, where my presence is demanded.
"After having issued my address and proclamations in this city, copies of which have been forwarded to you, I sent them, with a special messenger, to Lawrence, twelve miles to the eastward, where they were made known to the citizens on the 12th instant. The people of that place were alarmed with a report that a large body of armed men, called out under the proclamation of the late acting-governor Woodson, were threatening them with an attack, and they were making the necessary preparations for resistance. So well authenticated seemed their information, that my agent forwarded an express by a United States trooper, announcing the fact, and calling upon me to use my power to prevent the impending calamity. This express reached me at half-past one o'clock, on the morning of the 13th instant. I immediately made a ​requisition upon Colonel Cook, commander of the United States forces stationed at this place, for as many troops as could be made available, and in about an hour was on my way towards Lawrence, with three hundred mounted men, including a battery of light artillery. On arriving at Lawrence, we found the danger had been exaggerated, and that there was no immediate necessity for the intervention of the military. The moral effect of our presence, however, was of great avail. The citizens were satisfied that the government was disposed to render them all needed protection, and I received from them the assurance that they would conduct themselves as law-abiding and peace-loving men. They voluntarily offered to lay down their arms, and enrol themselves as territorial militia, in accordance with the terms of my proclamations. I returned the same day with the troops, well satisfied with the result of my mission.
"During the evening of Saturday, the 13th, I remained at my office, which was constantly crowded with men uttering complaints concerning outrages that had been and were being committed upon their persons and property. These complaints came in from every direction, and were made by the advocates of all the conflicting political sentiments with which the territory has been agitated; and they exhibited clearly a moral condition of affairs, too lamentable for any language adequately to describe. The whole country was evidently infested with armed bands of marauders, who set all law at defiance, and traveled from place to place, assailing villages, sacking and burning houses, destroying crops, maltreating women and children, driving off and stealing cattle and horses, and murdering harmless men in their own dwellings and on the public highways. Many of these grievances needed immediate redress; but unfortunately the law was a dead letter, no magistrate or judge being at hand to take an affidavit or issue a process, and no marshal or sheriff to be found, even had the judges been present to prepare them, to execute the same.
"The next day, Sunday, matters grew worse and worse. The most positive evidence reached me that a large body of armed and mounted men were devastating the neighborhoods of Osawkee and Hardtville, commonly called Hickory Point. Being well convinced of this fact, I determined to act upon my own responsibility, and immediately issued an order to Colonel Cook for a detachment of his forces, to visit the scene of disturbance. In answer to this requisition, a squadron of eighty-one men were detached, consisting of companies C. and H. 1st cavalry, Captains Wood and Newby, the whole under command of Captain Wood. This detachment left the camp at two o'clock, P. M., with instructions to proceed to Osawkee and Hickory Point, the former twelve, and the latter eighteen miles to the northward of Lecompton. It was accompanied by a deputy marshal.
"In consequence of the want of proper facilities for crossing the Kansas river, it was late in the evening before the force could march. After having proceeded about six miles, intelligence was brought to Captain Wood, that a large party of men, under command of a person named Harvey, had come over from Lawrence, and made an attack upon a log house at Hickory Point, in which a number of the settlers had taken refuge. The assault commenced ​about eleven o'clock in the morning, and continued six hours The attacking party had charge of a brass four-pounder, the same that was taken by Colonel Doniphan at the battle of Sacramento. This piece had been freely used in the assault, but without effecting any material damage. As far as has yet been ascertained, but one man was killed, and some half-dozen wounded.
"About eleven o'clock in the evening, Captain Wood's command met a party of twenty-five men, with three wagons, one of which contained a wounded man. These he ascertained to be a portion of Harvey's forces, who had been engaged in the assault at Hickory Point, and who were returning to Lawrence. They were immediately arrested, without resistance, disarmed, and held as prisoners. Three others were soon after arrested, who also proved to be a portion of Harvey's party.
"When within about four miles of Hickory Point, Captain Wood discovered a large encampment upon the prairie, near the road leading to Lawrence. It was the main body of Harvey's men, then under command of a man named Bickerton, Harvey having left after the attack on Hickory Point. The party was surprised and captured.
"After securing the prisoners, Captain Wood returned to Lecompton, which place he reached about day-break, on Monday, the 15th instant, bringing with him one hundred and one prisoners, one brass field-piece, seven wagons, thirty-eight United States muskets, forty-seven Sharpe'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.
"Whilst engaged in making preparations for the foregoing expedition, several messengers reached me from Lawrence, announcing that a powerful army was marching upon that place, it being the main body of the militia called into service by the proclamation of Secretary Woodson, when acting-governor.
"Satisfied that the most prompt and decisive measures were necessary to prevent the sacrifice of many lives, and the destruction of one of the finest and most prosperous towns in the territory, and avert a state of affairs which must have inevitably involved the country in a most disastrous civil war, I dispatched the following order to Colonel Cook:
"'Proceed at all speed with your command to Lawrence, and prevent a collision, if possible, and leave a portion of your troops there for that purpose.'
"Accordingly, the entire available United States force was put in motion, and reached Lawrence at an early hour in the evening. Here, the worst apprehensions of the citizens were discovered to have been well founded. Twenty-seven hundred men, under command of Generals Heiskell, Reid, Atchison, Richardson, Stringfellow, and others, were encamped on the Wakarusa, about four miles from Lawrence, eager and determined to exterminate that place and all its inhabitants. An advanced party of three hundred men had already taken possession of Franklin, one mile from the camp, and three miles from Lawrence, and skirmishing parties had begun to engage in deadly conflict.
" Fully appreciating the awful calamities that were impending, I hastened ​with all possible dispatch to the encampment, assembled the officers of the militia, and in the name of the President of the United States, demanded suspension of hostilities. I had sent in advance, the secretary and adjutant-general of the territory, with orders to carry out the spirit and letter of my proclamations; but up to the time of my arrival, these orders had been unheeded, and I could discover but little disposition to obey them. I addressed the officers in council at considerable length, setting forth the disastrous consequences of such a demonstration as was contemplated, and the absolute necessity of more lawful and conciliatory measures to restore peace, tranquility, and prosperity to the country. I read my instructions from the president, and convinced them that my whole course of procedure was in accordance therewith, and called upon them to aid me in my efforts, not only to carry out those instructions, but to support and enforce the laws, and the constitution of the United States. I am happy to say that a more ready concurrence in my views was met, than I had at first any good reason to expect. It was agreed that the terms of my proclamation should be carried out by the disbandment of the militia; whereupon the camp was broken up, and the different commands separated, to repair to their respective homes.
"The occurrences, thus related, are already exerting a beneficent influence; and although the work is not yet accomplished, I do not despair of success in my efforts to satisfy the government that I am worthy of the high trust which has been reposed in me. As soon as circumstances will permit, I shall visit, in person, every section of the territory, where I feel assured that my presence will tend to give confidence and security to the people.
"In closing, I have merely to add, that unless I am more fully sustained hereafter by the civil authorities, and serious difficulties and disturbances continue to agitate the territory, my only recourse will be to martial law, which I must needs proclaim and enforce.
"Very respectfully, &c.,Jno. W. Geary, "Governor of Kansas Territory."
The dismissal of the Missouri invaders, the arrest of Harvey's party, and the departure of Col. Lane (which took place about this time) from the territory, were followed with the most beneficial effects. The prompt, bold, rapid, and decisive movements of the governor struck the numerous predatory bands with terror, and they either dispersed, or fled the country; and a happier condition of things began to be apparent on every hand.
The management of the judicial affairs of the territory now merit some notice. A portion of the disbanded army, called the Kickapoo Rangers, took the road to Lecompton, and when within a few miles of that place they halted by a field where a poor lame man by the name of David C. Euffum was at work. Some of the party entered the field, and after robbing the man of his horses, one of them shot him in the abdomen, from which wound he afterwards died. Almost immediately after the commission of this crime, Governor Geary, accompanied by Judge Cato, arrived on the spot, and found the wounded man ​weltering in blood. The governor directed Judge Cato to take an affidavit of the unfortunate mail's dying words, who, writhing in agony, exclaimed: "Oh, this was a most unprovoked and horrid murder! They asked me for my horses, and I plead with them not to take them. I told them that I was a cripple—a poor lame man—that I had an aged father, a deaf and dumb brother, and two sisters, all depending upon me for a living, and my horses were all I had with which to procure it. One of them said I was a God d—d abolitionist, and seizing me by the shoulder with one hand, he shot me with a pistol that he held in the other. I am dying; but my blood will call to Heaven for vengeance, and this horrible deed will not go unpunished. I die a martyr to the cause of freedom, and my death will do much to aid that cause." The governor was affected to tears. He had been on many a battle-field, and had been familiar with suffering and death; but, says he, "I never witnessed a scene that filled my mind with so much horror. There was a peculiar significance in the looks and words of that poor dying man that I never can forget; for they seemed to tell me that I could have no rest until I brought his murderer to justice. And I resolved that no means in my power should be spared to discover, arrest and punish the author of that most villanous butchery."
On his arrival at Lecompton, the governor immediately had a warrant drawn and placed in the hands of the United States marshal, for the arrest of the murderer, for the execution of which warrant the whole of the United States force was at his disposal. Several days elapsed and no return was made, nor had any disposition been discovered to effect the governor's wishes in the matter. The governor, besides offering a reward of five hundred dollars for the arrest of the murderer, employed secret agents to visit that portion of Missouri in which the Rangers resided, and, by making cautious inquiries, to obtain some clue to the perpetrators of the deed. The murderer was discovered in the person of Charles Hays, a resident of Atchison county, Missouri. A new warrant was issued for his arrest, and he was brought to Lecompton. A grand jury, composed entirely of pro-slavery men, on hearing the overwhelming testimony, found a true bill, and committed him for trial. At this time free-state men were seized almost daily by the officers, and thrust into prison, and bail utterly refused by the pro-slavery magistrates. Much to the astonishment and indignation of Governor Geary, he was informed that Judge Lecompte had admitted the murderer of Buffum to bail, and that Sheriff Jones, a man notoriously not worth a cent, was on his bail-bond. The governor boldly pronounced the action of the chief justice in dismissing the murderer of Buffum as a "judicial outrage," and proceeded to treat it as a nullity by issuing the following warrant:
| "Executive Department, K. T.," | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| Lecompton, Nov. 10, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"I. B. Donelson, Esq., Marshal of Kansas Territory:
"Sir: An indictment for murder in the first degree having been duly found by the grand jury of the territory against Charles Hays, for the murder of a certain David C Buffum. in the county of Douglas, in this territory, and the ​said Charles Hays having been discharged upon bail, as I consider in violation of law, and greatly to the endangering of the peace of this territory:
"This is therefore to authorize and command you to reärrest the said Charles Hays, if he be found within the limits of this territory, and safely to keep him until he is duly discharged by a jury of his country, according to law.
"Given under my hand and seal, at the city of Lecompton, the day and year first above written."
Jno. W. Geary, "Governor of Kansas Territory."
This warrant was handed to Marshal Donelson, who, however, declined to execute it, saying he would take time to consider the matter. The governor made out a duplicate warrant, and placed it in the hands of Col. Titus, with orders to take a file of men and execute it without delay. The murderer was promptly reärrested, and remained in the custody of Col. Titus, until, during the absence of the governor from the city, he was again discharged by Judge Lecompte on a writ of habeas corpus, as shown in the subjoined letter of Col. Titus:
"Lecompton, Nov. 21, 1856.
"His Excellency, John W. Geary,
"Governor of Kansas Territory:
"Sir: I have the honor to state that during your recent absence from this place, a writ of habeas corpus, issued by Chief Justice Lecompte, was served upon me, by which I was commanded to produce the body of Charles Hays before him, with the cause of his detainer:
"That in obedience to the writ, I caused the body of Hays to be produced before Judge Lecompte, and returned as cause of his detention the finding by the grand jury of a true bill of indictment against him for murder in the first degree, committed upon the person of one David C. Buffum, together with your warrant, commanding the rearrest of said Hays and his detention until his discharge by a jury of his country according to law.
"I have further to state that Judge Lecompte discharged the said Hays from my custody notwithstanding my return, and that he is now at large. I have the honor to remain your obedient servant,
"H. T. Titus."
The governor did not attempt to interfere with the writ of habeas corpus, but forwarded to the president and secretary his executive minutes, containing a history of the circumstances, and showing the necessity of a less partial judiciary in order to preserve the peace of the territory. Judge Lecompte also wrote a letter to Washington. The following correspondence ensued between the secretary of state and the governor:
| "Department of State, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "Washington, 4th February, 1857. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"To John W. Geary, Esq., Governor of Kansas, Lecompton:
"Sir: The original letter of which the inclosed is a copy, was brought to the notice of the president, a few days since, by Hon. James A. Pearce, of the ​United States Senate. The discrepancies between the statements of this letter and those contained in your official communication of the 19th of September, are such that the president directs me to inclose you a copy for explanation.
"I am, sir, respectfully, your obedient servant,
"W. L. Marcy."
| "Executive Department, Kansas Territory, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "Lecompton, February 20th, 1857. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Hon. Wm. L. Marcy, Secretary of State:
"Sir: Your dispatch of the 4th instant, inclosing me a copy of Judge Lecompte's letter in the Hays case, and calling my attention 'to discrepancies between the statements of that letter, and those contained in your (my) official communication of 19th of September last,' and requesting 'explanation,' was received by the last mail.
"In reply, I have simply to state, that 'what I have written, I have written,' and I have nothing further to add, alter or amend on this subject.
"My executive minutes, faithfully chronicling my official actions, and the policy which dictated them at the time they occurred, and my various dispatches to the government, contain but the simple truth, told without fear, favor, or affection, and I will esteem it a favor to have them all published for the inspection of the country."Your obedient servant,
"Jno. W. Geary, "Governor of Kansas Territory."
The president made a show of removing Lecompte, by nominating Mr. Harrison, of Kentucky, to the senate, without issuing a writ of supersedas. This enabled the senate to withhold their confirmation of Harrison's appointment, and Judge Lecompte remained in office.
During the latter part of September, information was received by Governor Geary that Colonel Lane, with a force of a thousand men and several pieces of artillery, was preparing to enter Kansas by way of Nebraska. A detachment of troops, accompanied by deputy marshal Preston, was immediately sent to the northern frontier. They arrested Captain James Redpath and 130 men, who had entered the territory armed, equipped and organized, and escorted them to Lecompton. Redpath, in an interview with the governor, convinced him that the prisoners were a company of peaceable immigrants, and they were accordingly released.
Another representation was made to the governor, that Redpath's party was but an advanced guard of the forces of Lane, who had contracted with the ferryman at Nebraska City, for the transit of 100 men and three pieces of cannon. Three hundred dragoons under Colonels Cook and Johnson were forthwith dispatched to intercept their passage.
On the 1st of October a deputation waited upon the governor, stating that they had been sent by General Pomeroy and Colonels Eldridge and Perry, who were escorting three hundred immigrants into the territory by way of Nebraska; that they did not come to disturb the peace, but as bona fide settlers ​with agricultural implements; that they did not wish to enter the territory, in its present disturbed state without notifying the governor. In reply, the governor informed his visitors that he was determined no armed bodies of men, with cannon and munitions of war, should enter the territory to the terror of peaceable citizens; that there was no further occasion for such demonstrations; that he would, on the other hand, welcome all immigrants who should come for peaceful and lawful purposes; that he would furnish them a safe escort, and guarantee them protection. He then gave the deputation a letter directing all military commanders to give Colonel Eldridge's party a safe escort, should they be, as represented, a party of peaceable immigrants.
Shortly afterwards the governor received the following dispatch from Col. Cook, by the hands of deputy marshal Preston.
| "Head-quarters, Camp near Nebraska River, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "Kansas Territory, October 10, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"His Excellency, J. W. Geary,
"Governor of Kansas Territory.
Sir: Colonel Preston, deputy marshal, has arrested, with my assistance, and disarmed, a large body of professed immigrants, being entirely provided with arms and munitions of war; amongst which, two officer's and sixty-one private's sabres, and many boxes of new saddles. Agreeably to your requisition of September 26th, I send an escort to conduct them, men, arms, and munitions of war, to appear before you at the capitol. Colonel Preston will give you the details.
I have the honor to be, with high respect, your obedient servant,
P. St. George Cook, Lieutenant Colonel 2d Dragoons, Comm'g in the Field."
From the letter of Governor Geary to Secretary Marcy, dated October 15th, we gather the particulars of this arrest. He says:
"Colonel Win. S. Preston, a deputy U. S. Marshal, who had accompanied Colonel Cook and his command to the northern frontier to look after a large party of professed immigrants who were reported to be about invading the territory in that quarter in warlike array and for hostile purposes, returned to Lecompton on the 12th instant.
"He informed me that he had caused to be arrested, an organized band, consisting of about two hundred and forty persons, among whom were a very few women and children, comprising some seven families.
"This party was regularly formed in military order, and were under the command of General Pomeroy, Colonels Eldridge and Perry, and others. They had with them twenty wagons, in which was a supply of new arms, mostly muskets and sabres, and a lot of saddles, &c., sufficient to equip a battalion, consisting one-fourth of cavalry and the remainder of infantry. Besides these arms, the immigrants were provided with shot-guns, rifles, pistols, knives, &c., sufficient for the ordinary uses of persons traveling in Kansas, or any other of the western territories. From the reports of the officers, I learn they had ​with them neither oxen, household furniture, mechanics' tools, agricultural implements, nor any of the necsseary appurtenances of peaceful settlers.
"These persons entered the territory on the morning of the 10th instant, and met Colonel Cook's command a few miles south of the territorial line. Here the deputy-marshal questioned them as to their intentions, the contents of their wagons, and such other matters as he considered necessary in the exercise of his official duties. Not satisfied with their answers, aud being refused the privilege of searching their effects, he felt justified in considering them a party organized and armed in opposition to my proclamation of the 11th of September. After consultation with Colonel Cook and other officers of the army, who agreed with him in regard to the character of the immigrants, he directed a search to be made, which resulted in the discovery of the arms already mentioned.
"An escort was offered them to Lecompton, that I might examine them in person, and decide as to their intentions, which they refused to accept. Their superfluous arms were then taken in charge of the troops, and the entire party put under arrest — the families, and all others, individually, being permitted to retire from the organization, if so disposed. Few availed themselves of this privilege.
"But little delay, and less annoyance, was occasioned them by these proceedings. Every thing that circumstances required or permitted was done for the comfort and convenience of the prisoners. Their journey was facilitated rather than retarded. They were accompanied by a squadron of United States dragoons, in command of Major H. E. Sibley. A day's rations were dealt out to them, and they were allowed to pursue the route themselves had chosen.
"Being apprised of the time at which they would probably arrive at Topeka, I forwarded orders for their detention on the northern side of the river, near that place, where, as I promised, I met them on the morning of the 14th instant.
"I addressed these people in their encampment, in regard to the present condition of the territory, the suspicious position they occupied, and the reprehensible attitude they had assumed. I reminded them that there was no possible necessity or excuse for the existence of large armed organizations at present in the territory. Everything was quiet and peaceful. And the very appearance of such an unauthorized and injudicious array as they presented, while it could do no good, was calculated, if not intended, to spread anew distrust and consternation through the territory, and rekindle the fires of discord and strife that had swept over the land, ravaging and desolating everything that lay in their destructive path.
"Their apology for an evident disregard of my proclamation, was, that they had made arrangements to emigrate to Kansas when the territory was not only disturbed by antagonistic political parties, armed for each other's destruction, but when numerous bands of marauders, whose business was plunder and ​assassinationx, infested all the highways, rendering travel extremely hazardous, even though every possible means for self-protection were employed.
"After showing the necessity of so doing, I insisted on the immediate disbandment of this combination, which was agreed to with great alacrity. The majority of the men were evidently gratified to learn that they had been deceived in relation to Kansas affairs, and that peace and quiet, instead of strife and contention, were reigning here. My remarks were received with frequent demonstrations of approbation, and at their close the organization was broken up, its members dispersing in various directions. After they had been dismissed from custody, and the fact was announced to them by Major Sibley, their thankfulness for his kind treatment to them while under arrest was acknowledged by giving him three hearty and enthusiastic cheers."
Soon after the letter, from which the foregoing is extracted, was forwarded to Washington, the following statement from the leaders of the party in question was received by Governor Geary:
| "Topeka, Kansas Territory, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "October 14, 1856 | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"His Excellency, John W. Geary,
"Governor of Kansas Territory:
"Dear Sir: We, the undersigned, conductors of an emigrant train, who entered the terrritory on the 10th instant, beg leave to make the following statement of facts, which, if required, we will attest upon our oaths.
"1st. Our party numbered from two hundred to three hundred persons, in two separate companies; the rear company, which has not yet arrived, being principally composed of families, with children, who left Mount Pleasant, Iowa, three days after this train which has arrived to-day.
"2d. We are all actual, bona fide settlers, intending, so far as we know, to become permanent inhabitants.
"3d. 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 infesting and marauding the northern portions of Kansas, were the sole reasons why we came in a company and were armed.
"4th. We were stopped near the northern line of the territory 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 bedding and wearing apparel on the ground in the rain,) taking arms from the wagons, 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, purcussion caps, and some cartridges; in consequence of which we were detained about two-thirds of a day, taken prisoners and are now presented to you.
"All we have to say is, that our mission to this territory is entirely peaceful. We have no organization, save a police organization for our own regulation 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 unlawful search and seizure.
"Trusting to your integrity and impartiality, we have confidence to believe that our property will be restored to us, and that all that has been wrong will be righted.
"We here subscribe ourselves, cordially and truly, your friends and fullowcitizens,
* "S. W. Eldridge, Conductor,
* "Samuel C. Pomeroy,
* "John A. Perry,
* "Robert Morrow,
* "Robert Morrow,
* "Edward Daniels,
* "Richard Raelf."
During the latter part of October, the governor made a tour of observation through the southern and western portions of the territory, and on his return addressed the following letter to Secretary Marcy, which will explain the state of affairs at that time:
| "Executive Department, K. T., | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| Lecompton, Nov. 7, 1856. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Hon. Wm. L. Marcy, Secretary of State:
"Sir: I have just returned to this place, after an extended tour of observation through a large portion of this territory. I left Lecompton on the 17th nit., via Lawrence, Franklin, Wakarusa Creek, Hickory Point, Ottawa Creek, Osawattomie, Bull Creek, Paoli, Potawattomie, North and South Middle Creeks, Big and Little Sugar Creeks, and Sugar Mound, passing westward along the California and Santa Fe road to Fort Riley; thence down the Kansas river, via Pawnee, Riley City, Manhattan, Waubonsee, Baptist Mission, Topeka, Tecumseh, and other places. I also visited, at their houses, as many citizens as I conveniently could, and addressed various bodies of people, as I have reason to believe, with beneficial results.
"During this tour I have obtained much valuable information relative to affairs in Kansas, and made myself familiar with the wants and grievances of the people, which will enable me to make such representations to the next legislature and the government at Washington, as will be most conducive to the public interests. The general peace of the territory remains unimpaired; confidence is being gradually and surely restored; business is resuming its ordinary channels; citizens are preparing for winter; and there is a readiness among the good people of all parties to sustain my administration.
"Very respectfully, your obed't servt.,Jno. W. Geary,
"Governor of Kansas Territory. "
On the 31st December, 1856, the governor again addressed Secretary Marcy as follows, in regard to the condition of the territory at that period:
"In reviewing, on this, the last evening of the year, the events of the past four months, and contrasting the disturbed condition of affairs upon my advent with the present tranquil and happy state of things, which has held its sway ​for the last three months, I must congratulate the administration and the country upon the auspicious results. Crime, so rife and daring at the period of my arrival, is almost entirely banished. I can truthfully assure you, that in proportion to her population and extent, less crime is now being committed in Kansas than in any other portion of the United States."
The 6th of January, 185T, was the day appointed for the meeting of the free state legislature at Topeka. As apprehensions were entertained as to the results of this meeting, the governor had taken precautions against any evil consequences; but there were persons about Lecompton who were unwilling to trust the management of the affair to the governor. A writ for the arrest of the Topeka legislators had been quietly issued by Judge Cato, on the oath of Sheriff Jones, which was served by deputy marshall Pardee — Jones being present — on the members assembled, who yielded themselves prisoners without resistance, much to the disappointment of the sheriff and his coadjutors. The prisoners were conveyed to Tecumseh, where they received a hearing before Judge Cato, who liberated them on their own recognizance. They were, of course, never brought to trial, the district attorney entering nolle prosequies in theirs, as in all other cases of free state treason prisoners.
The territorial legislative assembly met at Lecompton on the 12th of January, and was duly organized. A committee was appointed to wait upon the governor, and apprise him of the organization. On the following morning his message was read before both houses.
MESSAGE.
Gentlemen of the Council and of the House of Representatives:
The All-Wise and beneficent Being, who controls alike the destinies of individuals and of nations, has permitted you to convene, this day, charged with grave responsibilities.
The eyes, not only of the people of Kansas, but of the entire Union, are upon you, watching with anxiety the result of your deliberations, and of our joint action in the execution of the delicate and important duties devolving upon us.
Selected at a critical period in the history of the country, to discharge the executive functions of this territory, the obligations I was required to assume were of the most weighty importance. And when I came seriously to contemplate their magnitude, I would have shrunk from the responsibility, were it not for an implicit reliance upon Divine aid, and a full confidence in the virtue, zeal and patriotism of the citizens, without which the wisest executive suggestions must be futile and inoperative.
To you, legislators, invested with sovereign authority, I look for that hearty cooperation which will enable us successfully to guide the ship of state through the troubled waters, into the haven of safety. It is with feelings of profound gratitude to Almighty God, the bounteous Giver of all good, I have the pleasure of announcing, that after the bitter contest of opinion through which we have recently passed, and which has unfortunately led to fratricidal strife, that ​peace, which I have every reason to believe to he permanent, now reigns throughout the territory, and gladdens, with its genial influences, homes and hearts which but lately were sad and desolate; that the robber ami the murderer have been driven from our soil; that burned cabins have been replaced by substantial dwellings; that a feeling of confidence and kindness hae taken the place of distrust and hate; that all good citizens are disposed to deplore the errors and excesses of the past, and unite with fraternal zeal in repairing its injuries; and that this territory, unsurpassed by any portion of the conti nent for the salubrity of its climate and the fertility of its soil, its mineral and agricultural wealth, its timber-fringed streams and fine quarries of building stone, has entered upon a career of unparalleled prosperity.
To maintain the advance we have made, and realize the bright anticipations of the future; to build up a model commonwealth, enriched with all the treasures of learning, of virtue and religion, and make it a choice heritage for our children and generations yet unborn, let me, not only as your executive, but as a Kausan, devoted to the interests of Kansas, and animated solely by patriotic purposes, with all earnestness invoke you, with one heart and soul, to pursue so high and lofty a course in your deliberations, as, by its moderation and justice, will commend itself to the approbation of the country, and command the respect of the people.
This being the first occasion offered me to speak to the legislative assembly, it is but proper, and in accordance with general usage, that I should declare the principles which shall give shape and tone to my administration. These principles, without elaboration, I will condense into the narrowest compass.
"Equal and exact justice" to all men, of whatever political or religious persuasion; peace, comity, and friendship with neighboring states and territories, with a sacred regard for state rights, and reverential respect for the integrity and perpetuity of the Union; a reverence for the federal constitution as the concentrated wisdom of the fathers of the republic, and the very ark of our political safety; the cultivation of a pure and energetic nationality, and the development of an excellent and intensely vital patriotism; a jealous regard for the elective franchise, and the entire security and sanctity of the ballot-box; a firm determination to adhere to the doctrines of self-government and popular sovereignty, as guaranteed by the organic law; unqualified submission to the will of the majority; the election of all officers by the people themselves; the supremacy of the civil over the military power; strict economy in public expenditures, with a rigid accountability of all public officers; the preservation of the public faith, and a currency based upon, and equal to, gold and silver; free and safe immigration from every quarter of the country; the cultivation of the proper territorial pride, with a firm determination to submit to no invasion of our sovereignty; the fostering care of agriculture, manufactures, mechanic arts, and all works of internal improvement; the liberal and free education of all the children of the territory; entire religious freedom; a free press, free speech, and the peaceable right to assemble and discuss all questions of public interest; trial by jurors impartially selected; the sanctity of the ​habeas corpus; the repeal of all laws inconsistent with the constitution of the United States and the organic act, and the steady administration of the government so as best to secure the general welfare.
These sterling maxims, sanctioned by the wisdom and experience of the past, and the observance of which has brought our country to so exalted a position among the nations of the earth, will be steady lights by which my administration shall be guided.
A summary view of the state of the territory upon my advent, with an allusion to some of my official acts, may not be inappropriate to this occasion f and may serve to inspire your counsels with that wisdom and prudence, by a contemplation of the frightful excesses of the past, so essential to the adoption of measures to prevent their recurrence, and enable you to lay the broad and solid foundations of a future commonwealth which may give protection and happiness to millions of freemen.
It accords not with my policy or intentions to do the least injustice to any citizen or party of men in this territory or elsewhere. Pledged to do "equal and exact justice" in my executive capacity, I am inclined to throw the veil of oblivion over the errors and outrages of the period antecedent to my arrival, except so far as reference to them may be necessary for substantial justice, and to explain and develope the policy which has shed the benign influences of peace upon Kansas, and which, if responded to by the legislature in a spirit of kindness and conciliation, will contribute much to soothe those feelings of bitterness and contention which in the past brought upon us such untold evils.
I arrived at Fort Leavenworth on the ninth day of September last, and immediately assumed the executive functions. On the eleventh, I issued my inaugural address, declaring the general principles upon which I intended to administer the government. In this address, I solemnly pledged myself to support the constitution of the United States, and to discharge my duties as governor of Kansas with fidelity; to sustain all the provisions of the organic act, which I pronounced to be "eminently just and beneficial;" to stand by the doctrine of popular sovereignty, or the will of the majority of the actual bona fide inhabitants, when legitimately expressed, which I characterized "the imperative rule of civil action for every law-abiding citizen." The gigantic evils under which this territory was groaning were attributed to outside influences, and the people of Kansas were earnestly invoked to suspend unnatural strife; to banish all extraneous and improper influences from their deliberations; and in the spirit of reason and mutual conciliation to adjust their own differences. Such suggestions in relation to modifications of the present statutes as I deemed for the public interests, were promised at the proper time. It was declared that this territory was the common property of the people of the several states, and that no obstacle should be interposed to its free settlement, while in a territorial condition, by the citizens of every state of the Union. A just territorial pride was sought to be infused; pledge was solemnly given to know no party, no section, nothing but Kansas and the Union; and the people were earnestly invoked to bury the past in oblivion, to suspend hostilities and ​refrain from the indulgence of bitter feeling; to begin anew; to devote themselves to the true and substantial interests of Kansas; develope her rich agricultural resources; build up manufactures; make public roads and other works of internal improvement; prepare amply for the education of their children; devote themselves to all the arts of peace, and make this territory the sanctuary of those cherished principles which protect the inalienable rights of the Individual, and elevate states in their sovereign capacities.
The foregoing is a brief summary of the principles upon which my administration was commenced. I have steadily adhered to them, and time and trial have but served to strengthen my convictions of their justice.
Coincident with my inaugural were issued two proclamations, the one, disbanding the territorial militia, composed of a mixed force of citizens and others, and commanding "all bodies of men, combined, armed and equipped with munitions of war, without authority of the government, instantly to disband or quit the territory, as they would answer the contrary at their peril." The other, ordering "all free male citizens qualified to bear arms, between the ages of eighteen and forty-five years, to enroll themselves, that they might be completely organized by companies, regiments, brigades, and divisions, and hold themselves in readiness to be mustered, by my order, into the service of the United States, upon a requisition of the commander of the military department in which Kansas is embraced, for the suppression of all unlawful combinations, and for the maintenance of public order and civil government."
The policy of these proclamations' is so evident, and their beneficial effects have been so apparent, as to require no vindication.
The territory was declared by the acting-governor to be in a state of insurrection; the civil authority was powerless — entirely without capacity to vindicate the majesty of the law and restore the broken peace; the existing difficulties were of a far more complicated character than I had anticipated; predatory bands, whose sole aim, unrelieved by the mitigation of political causes, was assassination, arson, plunder, and rapine, had undisturbed possession of some portions of the territory, while every part of it was kept in constant alarm and terror by the advocates of political sentiments, uniting, according to their respective sympathies, in formidable bodies of armed men, completely equipped with munitions of war, and resolved upon mutual extermination as the only hope of peace; unoffending and peaceable citizens were driven from their homes; others murdered in their own dwellings, which were given to the flames; that sacred respect for woman which has characterized all civilized nations, seemed in the hour of mad excitement to be forgotten; partisan feeling on all sides, intensely excited by a question which inflamed the entire nation, almost closed the minds of the people against me; idle and mendacious rumors, well calculated to produce exasperation and destroy confidence, were everywhere rife; the most unfortunate suspicions prevailed; in isolated country places no man's life was safe; robberies and murders were of daily occurrence; nearly every farm-house was deserted; and no traveler could safely venture on the highway without an escort. This state of affairs was greatly ​aggravated by the interference of prominent politicians outside of the territory. The foregoing is but a faint outline of the fearful condition of things which ruled Kansas and convulsed the nation. The full picture will be drawn by the iron pen of impartial history, and the actors in the various scenes will be assigned their true positions.
I came here a stranger to your difficulties, without prejudice, with a solemn sense of my official obligations, and with a lofty resolution to put a speedy termination to events so fraught with evil, and which, if unchecked, would have floated the country into the most bloody civil war.
Hesitation, or partisan affiliations, would have resulted in certain failure, and only served further to complicate affairs. To restore peace and order, and relieve the people from the evils under which they were laboring, it was necessary that an impartial, independent, and just policy should be adopted, which would embrace in its protection all good citizens, without distinction of party, and sternly punish all bad men who continued to disturb the public tranquility. Accordingly, my inaugural address and proclamations were immediately circulated among the people, in order that they might have early notice of my in tentions.
On the fourteenth day of September, reliable information was received that a large body of armed men were marching to attack Hickory Point, on the north side of the Kansas river. I immediately dispatched a squadron of United States dragoons, with instruction to capture and bring to this place any persons whom they might find acting in violation of my proclamation. In pursuance of these instructions, one hundred and one prisoners were taken, and committed for trial.
While a portion of the army was performing this duty, I was advised that a large body of men was approaching the town of Lawrence, determined upon its destruction. I at once ordered three hundred United States troops to that place, and repaired there in person. Within four miles of Lawrence, I found a force of twenty-seven hundred men, consisting of citizens of this territory and other places, organized as territorial militia, under a proclamation of the late acting governor. I disbanded this force, ordering the various companies composiug it, to repair to their respective places of rendezvous, there to be mustered out of service. My orders were obeyed; the militia retired to their homes; the effusion of blood was prevented; the preservation of Lawrence effected; and a great step made towards the restoration of peace and confidence.
To recount my various official acts, following each other in quick succession under vour immediate observation, would be a work of supererogation, and would occupy more space than the limits of an executive message would justify. My executive minutes, containing a truthful history of my official transactions, with the policy which dictated them, have been forwarded to the general government, and are open to the inspection of the country.
In relation to any alterations or modifications of the territorial statutes which I might deem advisable, I promised in my inaugural address to direct public attention at the proper time. In the progress of events, the time has arrived, ​and you are the tribunal to which my suggestions must be submitted. On this subject I bespeak your candid attention, as it has an inseparable connection with the prosperity and happiness of the people.
It has already been remarked that the territories of the United Stale arc the common property of the citizens of the several states. It may be likened to a joint ownership in an estate, and no condition should be imposed or restrictions placed upon the equal enjoyment of the benefits arising therefrom, which will do the least injustice to any of the owners, or which is not contemplated in the tenure by which it is held, which is no less than the constitution of the United States, the sole bond of the American Union. This being the true position, no obstacle should be interposed to the free, speedy, and general settlement of this territory.
The durability and imperative authority of a state constitution, when the interests of the people require a state government, and a direct popular vote is necessary to give it sanction aud effect, will be the proper occasion, once for all, to decide the grave political questions which underlie a well regulated commonwealth.
Let this, then, be the touchstone of your deliberations. Enact no law which will not clearly bear the constitutional test; and if any laws have been passed which do not come up to this staudard, it is your solemn duty to sweep them from the statute book.
The territorial government should abstain from the exercise of authority not clearly delegated to it, and should permit all doubtful questions to remain in abeyance until the formation of a state constitution.
On the delicate and exciting question of slavery, a subject which so peculiarly engaged the attention of congress at the passage of our organic act, I cannot too earnestly invoke you to permit it to remain where the constitution of the United States and that act place it, subject to the decision of the courts upon all points arising during our present infant condition.
The repeal of the Missouri line, which was a restriction on popular sovereignty, anew consecrated the great doctrine of self-government, and restored to the people their full control over every question of interest to themselves, both north and south of that line.
Justice to the country and the dictates of sound policy require that the legislature should confine itself to such subjects as will preserve the basis of entire equality; and when a sufficient population is here, and they choose to adopt a state government, that they shall be "perfectly free," without let or hindrance, to form all their domestic institutions "in their own way," and to dictate that form of government which in their deliberate judgment maybe deemed proper.
Any attempt to incite servile insurrection and to interfere with the domestic institutions of sovereign states, is extremely reprehensible, and shall receive no countenance from me. Such intervention can result in no good, but is pregnant with untold disasters. Murder, arson, rapine, and death follow in its wake, while not one link in the fetters of the slave is weakened or broken, or any amelioration in his condition secured. Such interference is a direct ​invasion of state rights, only calculated to produce irritation and estrangement. Every dictate of self-respect — every consideration of state equality — the glories of the past and the hopes of the future — all, with soul-stirring eloquence, constrain us to cultivate a reverential awe for the constitution as the sheet-anchor of our safety, and bid us, in good faith, to carry out all its provisions.
Many of the statutes are excellent, aud suited to our wants and condition, but in order that they may receive that respect and sanction which is the vital principle of all law, let such be abolished as are not eminently just and will not receive the fullest approbation of the people. I trust you will test them all by the light of the general and fundamental principles of our government, and that all that will not bear this ordeal, be revised, amended, or repealed. To some of them which strike my mind as objectionable, your candid and special attention is respectfully invited.
By carefully comparing the organic act, as printed in the statutes, with a certified copy of the same from the department of state, important discrepancies, omissions and additions will be discovered. I therefore recommend the appointment of a committee, to compare the printed statutes with the original rolls on file in the secretary's office, to ascertain whether the same liberty has been taken with the act under which they were made.
Of the numerous errors discovered by me in the copy of the organic act as printed in the statutes, I will refer to one in illustration of my meaning. In the 29th section, defining the executive authority, will be found the following striking omission—" against the laws of said territory, and reprieves for offenses." This omission impairs the executive authority, and deprives the governor of the pardoning power for offenses committed "against the laws of the territory," which congress, for the wisest and most humane reasons, has conferred upon him.
The organic act requires every bill to be presented to the governor, and demands his signature, as the evidence of his approval, before it can become a law. The statutes are defective in this respect, as they do not contain the date of approval, nor the proper evidence of that fact, by having the governor's signature.
Your attention is invited to chapter 30, in relation to county boundaries. The boundary of Douglas county is imperfect, and in connection with Shawnee county, is an absurdity for both counties. The boundary lines for all the counties should be absolutely established.
Chapter 44, establishing the probate court, also requires attention. The act is good generally, so far as it relates to the organization and duties of the court. But all provisions in this and other acts, vesting the appointment of probate judges, county commissioners, and other public officers, in the legislative assembly, should at once be repealed, and the unqualified right of election conferred upon the people, whose interests are immediately affected by the acts of those officials. The free and unrestricted right of the people to select all their own agents, is a maxim so well settled in political ethics, and springs so ​legitimately from the doctrines of self-government, that I need only to allude to the question to satisfy every one of its justice. The "people must be perfectly free" to regulate their own business in their own way; and when the voice of the majority is fairly expressed, all will bow to it as the voice of God. Let the people, then, rule in everything. I have every confidence in the virtue, intelligence, and "sober thought" of the toiling millions. The deliberate popular judgment is never wrong. When, in times of excitement, the popular mind may be temporarily obscured from the dearth of correct information or the mists of passion, the day of retribution and justice speedily follows, and a summary reversal is the certain result. Just and patriotic sentiment is a sure reliance for every honest public servant. The sovereignty of the people must be maintained.
Section 15th of this act allows writs of habeas corpus to be issued by the probate judge, but leaves him no authority to hear the case and grant justice; but refers the matter to the "next term of the district court." The several terms of the district court are at stated periods, and the provision alluded to amounts to a denial of justice and a virtual suspension of "the great writ of liberty," contrary to the letter and spirit of the constitution of the United States.
Many provisions of chapter 66, entitled "Elections," are objectionable. Section 11th, requiring certain "test oaths" as prerequisites to the right of suffrage, is wrong, unfair, and uneqal upon the citizens of different sections of the Union. It is exceedingly invidious to require obedience to any special enactment. The peculiar features of these test oaths should be abolished, and all citizens presumed to be law-abiding and patriotic until the contrary clearly appears. Sworn obedience to particular statutes has seldom secured that object. Justice will ever commend itself to the support of all honest men, and the surest means of insuring the ready execution of law, is to make it so preeminently just, equal and impartial as to command the respect of those whom it is intended to affect.
Section 36th deprives electors of the great safeguard of the purity and independence of the elective franchise: I mean the right to vote by ballot; and after the first day of November, 1856, requires all voting to be viva voce . This provision, taken in connection with section 9th, which provides that "if all the votes offered cannot be taken before the hour appointed for closing the polls, the judges shall by public proclamation, adjourn such election until the following day, when the polls shall again be opened, and the election continued as before," &c., offers great room for fraud and corruption. "Voting viva voce, the condition of the poll can be ascertained at any moment. If the parties having the election officers are likely to be defeated, they have the option of adjourning for the purpose of drumming up votes; or in the insane desire of victory, may be tempted to resort to other means even more reprehensible. The right of voting by ballot is now incorporated into the constitutions of nearly all the states, and is classed with the privileges deemed sacred. The arguments in its favor are so numerous and overwhelming that I have no ​hesitation in recommending its adoption. The election law should be carefully examined, and such guards thrown around it as will most effectually secure the sanctity of the ballot-box and preserve it from the taint of a single illegal vote. The man who will deliberately tamper with the elective franchise and dare to offer an illegal vote, strikes at the foundation of justice, undermines the pillars of society, applies the torch to the temple of our liberties, and should receive severe punishment. As a qualification for voting, a definite period of actual inhabitancy in the territory, to the exclusion of a home elsewhere, should be rigidly prescribed. No man should be permitted to vote upon a floating residence. He should have resided within the territory for a period of not less than ninety days, and in the district where he offers to vote at least ten days immediately preceding such election. All the voters should be registered and published for a certain time previous to the election. False voting should be severely punished, and false swearing to receive a vote visited with the pains and penalties of perjury.
In this connection your attention is also invited to chapter 92, entitled "Jurors." This chapter leaves the selection of jurors to the absolute discretion of the marshal, sheriff, or constable, as the case may be, and affords great room for partiality and corruption. The names of all properly qualified citizens, without party distinction, should be thrown into a wheel or box, and at stated periods, under the order of the courts, jurors should be publicly drawn by responsible persons. Too many safeguards cannot be thrown around the right of trial by jury, in order that it may still continue to occupy that cherished place in the affections of the people so essential to its preservation and sanctity.
Some portions of chapter 110, "Militia," infringes the executive prerogative, impairs the governor's usefulness, and clearly conflicts with the organic act. This act requires the executive to reside in the territory, and makes him "commander-in-chief of the militia." This power must be vested some place, and is always conferred upon the chief magistrate. Section 26 virtually confers this almost sovereign prerogative "upon any commissioned officer," and permits him, "whenever and as often as any invasion or danger may come to his knowledge, to order out the militia or volunteer corps, or any part thereof, under his command, for the defense of the the territory," &c., thus almost giving "any commissioned officer" whatever, at his option, the power to involve the territory in war.
Section 12 provides for a general militia training on the first Monday of October, the day fixed for the general election. This is wrong, and is well calculated to incite to terrorism. The silent ballots of the people, unawed by military display, should quietly and definitely determine all questions of public interest.
The other sections of the law, requiring the appointment of field and commissioned officers, should be repealed. All officers should derive their authority directly from their respective commands, by election. To make the military system complete and effective, there must be entire subordination and ​unity running from the commander-in-chief to the humblest soldier, and one spirit must animate the entire system.
The 122d. chapter, in relation to "patrols," is unnecessary. It renders all other property liable to heavy taxation for the protection of slave property; thus operating unequally upon citizens, and is liable to the odious charge of being a system of espionage, as it authorizes the patrols, an indefinite number of whom may be appointed, to visit not only negro quarters, but "any other places" suspected of unlawful assemblages of slaves.
Chapter 131, "Preemption," squanders the school fund, by appropriating the school sections contrary to the organic act, which provides "that sections numbered sixteen and thirty-six, in each township in Kansas 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 to be erected out of the same contravenes the United States preemption laws, which forbid trafficking in claims, and holding more than one claim; and directs the governor to grant patents for lands belonging to the United States, and only conditionally granted to the territory. This act is directly calculated to destroy the effect of a munificent grant of land by congress for educational purposes. The territory is the trustee of this valuable gift, and posterity has the right to demand of us that this sacred trust shall remain unimpaired, in order that the blessings of free education may be shed upon our children.
Every state should have the best educational system which an intelligent government can provide. The physical, moral and mental faculties should be cultivated in harmonious unison, and that system of education is the best which will effect these objects. Congress has already provided for the support of common schools. In addition to this, I would recommend the legislature to ask congress to donate land lying in this territory for the establishment of a university, embracing a normal, agricultural and mechanical school. A university, thus endowed, would be a blessing to our people; disseminate useful and scientific intelligence; provide competent teachers for our primary schools; and furnish a complete system of education adequate to our wants in all the departments of life.
The subject of roads, bridges and highways, merits your especial attention. Nothing adds more to comfort, convenience, prosperity and happiness, and more greatly promotes social intercourse and kind feeling, than easy and convenient inter-communication. Roads should be wide and straight, and the various rivers and ravines substantially bridged.
Railroads should be encouraged; and in granting charters, the legislature should have in view the interests of the whole people. The prosperity of the territory is intimately connected with the early and general construction of the rapid and satisfactory means of transit.
While on the subject of internal improvement, I would call to your notice and solicit for it your serious consideration, the opening, at the earliest period, of a more easy means of communication with the seaboard than any we at present enjoy. One great obstacle to our prosperity is the immense distance ​of Kansas from all the great maritime depots of the country by any of the routes now traveled. This can be removed by the construction of a railway, commencing at an appropriate place in this territory, and running southwardly through the Indian territory and Texas, to the most eligible point on the Gulf of Mexico. The entire length of such a road would not exceed six hundred miles, much less than half the distance to the Atlantic, and at an ordinary speed of railroad travel could be traversed in less than twenty-four hours. It would pass through a country remarkable for beauty of scenery, fertility of soil and salubrity of climate, and which has properly been styled "the Eden of the world;" and would open up new sources of wealth superior to any that have yet been discovered on the eastern division of the continent. It would place Kansas, isolated as she now is, in as favorable a position for commercial enterprises as very many of the most populous states in the Union, and furnish her a sure, easy and profitable market for her products, as well as a safe, expeditious and economical means of obtaining all her needed supplies at every season of the year. You will not fail at once to perceive the importance of this suggestion. Not only Kansas and Nebraska, but the entire country west of the Mississippi, will be vastly benefited by its adoption. The advantages to Texas would be incalculable. And should you be favorably impressed with the feasibility of the plan, I would advise that you communicate, in your legislative capacity, with the legislature of that state, and that also of the territory of Nebraska, in regard to the most effectual measures for its speedy accomplishment.
Chapter 149, permitting settlers to hold three hundred and twenty acres of land, is in violation of the preemption laws, and leads to contention and litigation.
Chapter 151, relating to "slaves," attacks the equality which underlies the theory of our territorial government; and destroys the freedom of speech, and the privileges of public discussion, so essential to uncloak error, and enable the people properly to mould their institutions in their own way. The freedom of speech and press, and the right of public discussion upon all matters affecting the interest of the people, are the great constitutional safeguards of popular rights, liberty and happiness.
The act in relation to a territorial library, makes the auditor ex-officio librarian, and gives him authority to audit his own accounts. These offices should be distinct, as their duties conflict.
The congressional appropriation for a territorial library has been expended in the purchase of a ver; valuable collection of books.
Time and space will not permit me to point cut all the inconsistencies and incongruities found in the Kansas statutes. Passed, as they were, under the influence of excitement, and in too brief a period to secure mature deliberation, many of them are open to criticism and censure, and should pass under your careful revision, with a view to modification or repeal. Some which have been most loudly complained of have never been enforced. It is a bad principle to suffer dead-letter laws to deface the statute book. It impairs salutary ​reverence fur law, and excites in the popular mind n questioning of all law, which leads to anarchy and confusion. The best way is to leave no law on the statute book which is nut uniformly and promptly to be administered with the authority and power of the government.
In traveling through the territory, I have discovered great anxiety in relation to the damages sustained during the past civil disturbances, and everywhere the question has been asked as to whom they should look for indemnity. These injuries — burning houses, plundering fields, and stealing horses and other property — have been a fruitful source of irritation and trouble, and have impoverished many good citizens. They cannot be considered as springing from purely local causes, and as such, the subjects of territorial redress. Their exciting cause has been outside of tins territory, and the agents in their perpetration have been the citizens of nearly every state in the Union, it has been a species of national warfare waged upon the soil of Kansas; and it should not be forgotten that both parties were composed of men rushing here from various sections of the Union; that both committed acts which no law can justify; and the peaceable citizens of Kansas have been the victims. In adjusting the question of damages, it appears proper that a broad and comprehensive view of the subject should be taken; and I have accordingly suggested to the general government the propriety of recommending to congress the passage of an act providing for the appointment of a commissioner, to take testimony and report to congress for final action, at as early a day as possible.
There is not a single officer in the territory amenable to the people or to the governor; all having been appointed by the legislature, and holding their offices until 1857. This system of depriving the people of the just exercise of their rights, cannot be too strongly condemned.
A faithful performance of duty should be exacted from all public officers.
As the executive, I desire that the most cordial relations may exist between myself and all other departments of the government.
Homesteads should be held sacred. Nothing so much strengthens a government as giving its citizens a solid stake in the country. I am in favor of assuring to every industrious citizen one hundred and sixty acres of land.
The money appropriated by congress for the erection of our capitol has been nearly expended. I have asked for an additional appropriation of fifty thousand dollars, which will scarcely be sufficient to complete the building upon the plan adopted by the architect.
Where crime has been so abundant, the necessity for a territorial penitentiary is too evident to require elaboration, and I have therefore suggested a congressional appropriation for that purpose.
The Kansas river, the natural channel to the west, which runs through a valley of unparalleled fertility, can be made navigable as far as Fort Riley, a distance of over one hundred miles, and congress should be petitioned for aid to accomplish this laudable purpose. Fort Riley has been built, at an expense exceeding five hundred thousand dollars, with the expectation that the river ​was navigable to that place, and doubtless the general government will readily unite with this territory to secure this object.
A geological survey, developing the great mineral resources of this territory, is so necessary as merely to require notice. Provision for this useful work should immediately be made.
The early disposal of the public lauds and their settlement will materially advance our substantial prosperity. Great anxiety prevails among the settlers to secure titles to their lands The facilities for this purpose, by but one land-office in the territory, are inadequate to the public wants, and I have consequently recommended the establishment of two or more additional land-offices in such positions as will best accommodate the people.
After mature consideration, and from a thorough conviction of its propriety, I have suggested large congressional appropriations. The coming immigration, attracted by our unrivaled soil and climate, will speedily furnish the requisite population to make a sovereign state. Other territories have been for years the recipients of congressional bounty, and a similar amount of money and land bestowed upon them during a long period, should at once be given to Kansas, as, like the Eureka state, she will spring into full life, and the prosperity of the territory, and the welfare and protection of the people coming here from every state of the Union, to test anew the experiment of republican government, require ample and munificent appropriations.
As citizens of a territory, we are peculiarly and immediately under the protecting influence of the Union, and, like the inhabitants of the states comprising it, feel a lively interest in all that concerns its welfare and prosperity. Within the last few years, sundry conflicting questions have been agitated throughout the country, and discussed in a spirit calculated to impair confidence in its strength and perpetuity, and furnish abundant cause for apprehension and alarm. These questions have mostly been of a local or sectional character, and as such should never have acquired general significance or importance. All American citizens should divest themselves of selfish considerations in relation to public affairs, and in the spirit of patriotism make dispassionate inquisition into the causes which have produced much alienation and bitterness among men whom the highest considerations require should be united in the bonds of fraternal fellowship. All Union-loving men should unite upon a platform of reason, equality, and patriotism. All sectionalism should be annihilated. All sections of the Union should be harmonized under a national, conservative government, as during the early days of the republic. The value of the Union is beyond computation, and no respect is due to those who will even dare to calculate its value. One of our ablest statesmen has wisely and eloquently said, "Who shall assign limits to the achievements of free minds and free hands under the protection of this glorious Union? No treason to mankind since the organization of society would be equal in atrocity to that of him who would lift his hand to destroy it. lie would overthrow the noblest structure of human wisdom, which protects himself and his fellow man. He would stop the progress of free government, and involve his country either in anarchy ​or despotism. lie would extinguish the lire of liberty which warms and animates the hearts of happy millions, and invites all the nations of the earth to imitate our example."
The soldier-president, whose exploits in the field were only equaled by his wisdom in the cabinet, with that singular sagacity which has stamped with the seal of prophecy all his foreshadowing, has repudiated, as morbid and unwise, that philanthropy which looks to the amalgamation of the American with any inferior race. The white man, with his intellectual energy, far-reaching science, and indomitable perseverance, is the peculiar object of my sympathy, and should receive the especial protection and support of government. In this territory there are numerous "Indian reserves," of magnificent extent and choice fertility, capable of sustaining a dense civilized population, now held unimproved by numerous Indian tribes. These tribes are governed by Indian agents, entirely independent of the executive of this territory, and are, indeed, governments within a government. Frequent aggressions upon these reserves are occurring, which have produced collisions between the Indian agents and the settlers, who appeal to me for protection. Seeing so much land unoccupied and unimproved, these enterprising pioneers naturally question the policy which excludes them from soil devoted to no useful or legitimate purpose. Impressed with the conviction that the large Indian reserves, if permitted to remain in their present condition, cannot fail to exercise a blighting influence on the prosperity of Kansas, and result in great injury to the Indians themselves, I shall be pleased to unite with the legislature in any measures deemed advisable, looking to the speedy extinguishment of the Indian title to all surplus land lying in this territory, so as to throw it open for settlement and improvement.
For official action, I know no better rule than a conscientious conviction of duty — none more variable than the vain attempt to conciliate temporary prejudice. Principles and justice are eternal, and if tampered with, sooner or later the sure and indignant verdict of popular condemnation against those who are untrue to their leadings, will be rendered. Let us not be false to our country, our duty, and our constituents. The triumph of truth and principle, not of partisan and selfish objects, should be our steady purpose — the general welfare, and not the interests of the few, our sole aim. Let the past, which few men can review with satisfaction, be forgotten. Let us not deal in criminations and recriminations; but, as far as possible, let us make restitution and offer regrets for past excesses. The dead, whom the madness of partisan fury has consigned to premature graves, cannot be recalled to life; the insults, the outrages, the robberies and murders, "enough to stir a fever in the blood of age," in this world of imperfection and guilt, can never be fully atoned for or justly punished. The innocent blood, however, shall not cry in vain for redress, as we are promised by the great Executive of the Universe, whose power is almighty and whose knowledge is perfect, that he "will repay."
"To fight in a just cause and for our country's glory, is the best office of the best of men." Let "justice be the laurel" which crowns your deliberations; ​let your aims be purely patriotic, and your sole purpose the general welfare and the substantial interests of the whole people. If we fix our steady gaze upon the constitution and the organic act as "the cloud by day and the pillar of fire by night," our footsteps will never wander into any unknown or forbidden paths. Then will this legislative assembly be as a beacon light, placed high in the pagea of our history, shedding its luminous and benign influence to the most remote generations; its members will be remembered with veneration and respect as among the early fathers of the magnificent commonwealth, which, in the not distant future, will overshadow with its protection a population of freemen unsurpassed by any state in this beloved Union for intelligence, wealth, religion, and all the elements which make and insure the true greatness of a nation; the present citizens of Kansas will rejoice in the benefits conferred; the mourning and gloom, which too long, like a pall, have covered the people, will be dispersed by the sunshine of joy with which they will hail the advent of peace, founded upon justice; we will enter upon a career of unprecedented prosperity; good feeling and confidence will prevail; the just rule of action which you are about to establish, will be recognized; the entire country, now watching your deliberations with momentous interest, will award you their enthusiastic applause; and above and over all, you will have the sanction of your own consciences, enjoy self-respect, and meet with Divine approbation, without which all human praise is worthless and unavailing.Jno. W. Geary.
Lecompton, K. T., Jan. 12, 1857.
One of the first proceedings of the members of this body was to hold a secret meeting, at which it was resolved, that should any act be vetoed by the governor, there should be a mutual agreement to disregard the veto, and pass the act by a two-third vote, which was strictly adhered to. The governor attempted to arrest several bills by his veto, but to no purpose. A bill was passed, which was intended as an indorsement of the conduct of Judge Lecompte in admitting the murderer Hays to bail, and giving to any district judge authority to bail all persons charged with any crime whatsoever, whether previously considered bailable or not. This the governor vetoed, giving his reasons as follows, but the bill was passed by an almost unanimous vote:
To the Council and House of Representatives of Kansas Territory:
Gentlemen: — The bill "to authorize Courts and Judges to admit to bail in certain cases," has been carefully examined, and notwithstanding my earnest desire to agree with the legislature, I am compelled to return it without approval, for the following reasons:
The doctrine that the more certain the punishment of crime is made, the greater will be the restraints upon the evil passions of wicked men, has been established in all civilized communities, and approved by the wisdom and experience of every age of the world; and had we no other evidence of its truth, more than sufficient has been furnished in the disturbances and outrages which have so recently occurred in the territory of Kansas; for no one can be insensible of the fact, that tne impunity that has here been given to crime, has been ​the cause of many of the offenses that have been committed. Had bat a few of the early agitators, and defiants of law, been brought to punishment, the subsequent events, which every good citizen deploree and condems, would never have occurred.
It is of the utmost importance to the safety of society that the laws should be rendered as stringent, and their execution as certain as possible; especially as regards the crime of wilful and deliberate murder. Such an offense should be guarded against with the utmost care. No door whatever should he opened for the escape of the criminal. Once in the hands of the proper authorities, he should there be secured until the ends of justice are effected. The man whose life has been forfeited to the law, will stop at no means within the range of human possibility to accomplish his escape; for "what will a man not give in exchange for his life?"
The act under consideration makes it comparatively easy for the most notorious criminal to escape the punishment his crimes have merited. Any judge of a district court is thereby allowed to set him at liberty on bail. The bill does not even establish the amount of bail required. This, as well as the propriety of bailing, is left to the discretion of the court or of the district judge. Were the bill passed expressly to tamper with and corrupt the judiciary, it could not have been more effectual. All human beings are fallible, and it is a sound principle to throw in their way to err, as few temptations as possible. No judge, who has a proper regard for his own reputation, can desire the passage of a law which will render him liable to invidious imputations. If this bill becomes a law, appeals will be made to the district judge to bail every person charged with the crime of murder, and the strongest inducements will be offered to influence his action. Should he refuse to accede to the wishes of the individual accused, or his importunate friends, he will subject himself to the charge of some unjust bias; while, on the other hand, should he yield to such importunities, he is almost certain of being charged with bribery and corruption; and violence towards himself might ensue in either case. The judge, therefore, would prefer to avoid the additional responsibility which this bill imposes.
But apart from this, one tendency of the act is to corrupt the judiciary. It will not do to affirm that this is impossible. It has frequently been done to such an extent as to endanger the safety of communities, and even incite to anarchy, with all its fearful consequences. The intention of the laws have been so disregarded, that the people, in self-defense, have repudiated the courts, and in opposition to all legislative enactments, have taken upon themselves the administration of justice. Indeed, in every instance where "lynch law" has been resorted to, the excuse given by the people has been founded on the laxity of the courts, or the inefficiency or corruption of the judiciary.
This want of confidence in the authorities regularly constituted for the execution of justice upon persons charged with heinous crimes, produced those terrible excitements in California, consequent upon the organization of the memorable "Vigilance Committee." ​It is to be hoped that a similar condition of things may never transpire in Kansas, though it may well be anticipated, if murder is permitted by the courts to be perpetrated with impunity. The murmurings on this subject are even now loud and almost universal. Some of our best citizens have been stricken down by the hand of the assassin, whose blood has cried in vain upon the legal tribunals for justice. And although many have fallen victims to this atrocious crime, not one of its numerous perpetrators has yet suffered the just penalty of the law. The murderer, his hands still reeking with human gore, walks unmolested in our midst, laughing to scorn the laws which condemn him to an ignominious death.
Let the law contemplated in this bill be adopted, and this evil, already sufficiently deplorable, will be rendered far worse. The slight restraints now held upon the vicious, will be almost entirely removed. No good citizens can venture in the streets or upon the highways, with a proper feeling of security. The personal safety of all who are well disposed, will be constantly endangered. The odious practice of bearing concealed weapons for self-defense will become general, and the most disastrous results willl follow. Every man, conscious of the uncertainty of punishment by the courts, will take the law in his own hands, and the slayer of one individual will fall a victim to the retaliatory vengeance of another. Or should he be brought before a judge or court, and liberated upon bail, an offended people will arise in their majesty, and prevent his escape by the infliction of summary punishment.
The fact that bail has been given, will have no tendency to prevent these results; for no one can have confidence in the security furnished by such bail as a deliberate murderer can obtain. The person who will step in between him and the execution of justice, must himself be destitute of those feelings and sentiments which will render him worthy the confidence of peace-loving citizens. Or even were it otherwise, and the murderer is substantially bailed by a wealthy relative or friend, the only object in the whole transaction is the criminal's escape; for any amount of property, under such circumstances, will be forfeited to preserve his life. But in the majority of the cases the bail is entirely worthless, and its being admitted by a court or judge is equivalent to the murderer's discharge; for no one who is conscious of a conviction that will condemn him to death, will ever present himself for trial. If he has wealth, he can purchase sureties; and if he has not, he may obtain the aid of those who are worthless, or if possessed of the property to which they swear, may dispose of it at pleasure, and thus defraud the territory as well as justice. Bail-bonds, as now given, are of little value even in trivial cases; for when forfeited the amount is seldom collected. To make them of any avail, a lien should immediately be created on the lands of the persons acknowledging them, "and the execution issued by virtue of a judgment thereon, may rightly command the taking and sale of the lands, of which defendant was seized at the time the recognizance was acknowledged." Were this rule of law adopted, there would be some value in a bail-bond, and fewer persons would be found willing to execute it. But as the law now rests in this territory, a criminal may be bailed ​to-day upon what is apparently tangible security, and to-morrow, both himself and sureties dispose of all their property, and unmolested and quietly depart to another region, and thus the matter ends. In tho majority of instances, therefore, the taking of bail in criminal cases only tends to defeat the ends of justice, and in every case of absolute premeditated murder, where the proof is clear, or sufficient to convict, is tatamount to an acquittal of the criminal
The fact that we have no sufficient prisons for the safe-keeping of the murderer, affords no argument for the passage of the bill. This want can soon be supplied, and it will be better far to commence the work at once, than to adopt a law which must remove the almost only restraint that now exists upon murderous inclinations and passions. There is no necessity for deliberate murderers to be set free, on bail or otherwise, for want of a prison to keep them in lengthy confinement. Frequent sessions of the courts, early trials, and speedy executions, will dispose of such cases, and give to the people confidence in the judiciary and the laws, and a sense of security of which they have so long been deprived.
Remove or weaken any one of the safeguards we now possess against criminals and crime, and the peace we enjoy must measurably be shaken. Hence it becomes a subject of the utmost importance, not only to guard against such a result, but to adopt, if possible, laws which will strengthen the general confidence, by making the barriers to the escape of the criminal even more firm and impassable.
Let it be established and universally known, that "though hand joined in nand, the guilty shall not go unpunished;" that the blood-stained murderer, once in the hands of the authorities, shall have no possibility or hope of escape; that he who wilfully and deliberately sheds the blood of his fellow-man shall surely suffer the penalty by which his life is forfeit, and our laws will be more respected, fewer crimes will be committed, and the community will repose in far greater security and peace.John W. Geary.
Lecompton, K. T., January 22d, 1857.
It was during this session that an attempt was made to assassinate the governor, by one Sherrard, whom the governor had refused to commission as a sheriff. A few days after Sherrard was himself shot down, in a melee at a public meeting in Lecompton, by a man whom he had assaulted.
The most important act of this legislature was the passage of the "Census Bill." On the part of the free state men, this bill was objected to on the ground that it would deprive many citizens of the elective franchise who had temporarily left the territory, and could not return early in March, as the river would not then be navigable.
It provides for the taking of a census, preparatory to an election to be held in June, 1857, for delegates to a convention to frame a state constitution, to be presented to the next congress for its approval. No citizen to be allowed to vote who was not in the territory on or before the 15th of March. "The census-takers and judges of election were the sheriffs and other officers appointed by the pro-slavery party. By this arrangement, hundreds of free state men ​who had been forcibly driven from their claims and homes, and who would not return so early as the 15th of March, were disfranchised, as well as the thousands who would become citizens of the territory before the day of election. Under these regulations the free state party concluded to take no part in the elections. There was a clause in the bill, intended for their intimidation, that the voting should be viva voce. Another feature of the bill was, that, although it was framed to defraud the free state citizens of their rights, it required them to pay a tax to assist in the accomplishment of the fraud.
"Governor Geary, before the passage of the bill, sent for the chairmen of the committees of the two branches of the legislature, and informed them that if they would consent to add a clause referring the constitution that might be framed by the convention to the citizens of the territory for their sanction or rejection, before its being submitted to congress, he would waive all other objections and give it his approval. They replied to him, that the suggestion had already been fully discussed, and could not be adopted, as it would defeat the only object of the act, which was to secure, beyond any possibility of failure, the territory of Kansas to the south as a slave state. They had already, in anticipation of the passage of the bill, so apportioned the territory, that the accomplishment of this grand object was placed beyond the reach of any contingency. The bill passed both houses, and was sent to the governor, who returned it with the following objections:
Gentlemen of the Council of Kansas Territory:
After mature consideration of the bill entititled "an act to provide for the taking of a census, and election for delegates to convention," I am constrained to return the same without my approval.
Passing over other objections, I desire to call your serious attention to a material omission in the bill.
I refer to the fact that the legislature has failed to make any provision to submit the constitution, when framed, to the consideration of the people, for their ratification or rejection.
The position that a convention can do no wrong, and ought to be invested with sovereign power, and that its constituents have no right to judge of its acts, is extraordinary and untenable.
The history of state constitutions, with scarcely an exception, will exhibit a uniform and sacred adherence to the salutary rule of popular ratification.
The practice of the federal and state governments, in the adoption of their respective constitutions, exhibiting the wisdom of the past, will furnish us with a safe and reliable rule of action.
The federal constitution was first proposed by a convention of delegates from twelve states, assembled in Philadelphia, This constitution derived no authority from the first convention. It was submitted to the various states, fully discussed in all its features, and concurred in by the people of the states ​in convention assembled; and that concurrence armed it with power and invested it with dignity. Article seventh of the constitution makes the ratification of nine states, three-fourths of the number represented in the convention, essential to its adoption.
In the adoption, not only of the federal constitution, but of nearly all the state constitutions, the popular ratification was made essential; and all amendments to those of most of the states are required to pass two legislatures, and then be submitted to the people for their approval.
In Kentucky, especially, all amendments to the constitution must pass two legislatures, and for two years be submitted to the vote of the people, upon the question of convention or no convention, on the specific amendments proposed. Treaties made by ambassadors are not binding until duly ratified by their respective governments, whose agents they are.
Members of the legislature or of conventions are but the agents of the people, who have an inherent right to judge of the acts of their agents, and to condemn or approve them, as in their deliberate judgment they may deem proper.
The fundamental law of a commonwealth, so inseparably connected with the happiness and prosperity of the citizens, cannot be too well discussed, and cannot pass through too many ordeals of popular scrutiny.
What delegates to conventions may do or what omit, cannot be known until they have assembled and developed their action. If the whole power be vested in them without recourse over to the people, there is no guarantee that the popular wishes will be fairly and fully expressed.
Although the people may have voted for a convention to form a state constitution, yet they have by no just rule of construction voted away the usual and universal right of ratification.
Special instructions, covering every point arising in the formation of a constitution, cannot be given in the elections preliminary to a convention; and it is, therefore, proper that the action of the convention, necessarily covering new ground, should be submitted to the people for their consideration.
The practical right of the people to ordain and establish governments, is found in the expressive and beautiful preamble to the federal constitution: "We the people," &c., "do ordain and establish this constitution."
Let the constitution of Kansas be ratified and established by the solemn vote of the people, surrounded by such safeguards as will insure a fair and unbiased expression of the actual bona fide citizens, and it will remain inviolably fixed in the affections of the people.
In his report upon the Toombs bill, its distinguished author thus logically enumerates the various steps in the formation of a constitution: "The preliminary meetings; the calling of the convention; the appointment of delegates; the assembling of the convention; the formation of the constitution; the voting on its ratification; the election of officers under it."
In the same report, the author most justly remarks: "Whenever a constitution shall be formed in any territory, preparatory to its admission into the Union as a state, justice, the genius of our institutions, the whole theory of ​our republican system, imperatively demand that the voice of the people shall be fairly expressed, and their will embodied in that fundamental law, without fraud or violence, or intimidation, or any other improper or unlawful influence, and subject to no other restrictions than those imposed by the constitution of the United States."
The voice of the people fairly expressed, and its embodiment in the fundamental law, should be the earnest desire of every citizen of a republic.
But how can the voice of a people be fairly expressed, and their will be embodied in the organic law, unless that law, when made, be submitted to them to determine whether it is their will which the convention has proclaimed?
The leading idea and fundamental principle of our organic act, as expressed in the law itself, was to leave the actual bona fide inhabitants of the territory "perfectly free to form and regulate their domestic institutions in their own way." The act confers almost unlimited power upon the people, and the only restriction imposed upon its exercise is the constitution of the United States.
The great principle, then, upon which our free institutions rest, is the unqualified and absolute sovereignty of the people, and constituting, as that principle does, the most positive and essential feature in the great charter of our liberties, so it is better calculated than any other to give elevation to our hopes and dignity to our actions. So long as the people feel that the power to alter the form or change the character of the government abides in them, so long will they be impressed with the sense of security and dignity which must ever spring from the consciousness that they hold within their own hands a remedy for every political evil—a corrective for every governmental abuse and usurpation.
"This principle must be upheld and maintained, at all hazards and at every sacrifice—maintained in all the power and fulness—in all the breadth and depth of its utmost capacity and signification. It is not sufficient that it be acknowledged as a mere abstraction, or theory, or doctrine; but as a practical, sub • stantial, living reality, vital in every part."
The idea of surrendering the sovereignty of the territories, the common property of the people of the several states, into the hands of the few who first chanced to wander into them, is, to me, a political novelty. Is it just that the territories should exercise the rights of sovereign states until their condition and numbers become such as to entitle them to be admitted into the Union on an equality with the original states?
In speaking of the proper construction of the organic act, its distinguished author remarks: "The act recognizes the rights of the people thereof, while a territory, to form and regulate their own domestic institutions in their own way, subject only to the constitution of the United States, and to be received into the Union, as soon as they should attain the requisite number of inhabitants, on an equal footing with the original states in all respects whatever."
In the report before alluded to, the author says: "The point upon which your committee have entertained the most serious and grave doubts in regard to the propriety of indorsing this proposition, relates to the fact that, in the ​absence of any census of the inhabitants, there is reason to apprehend that the territory does not contain sufficient population to entitle them to demand admission under the treaty with France, if we take the ratio of representation for a member of congress as the rule."
In accordance with the foregoing views, I remarked in my first message to your body, that "the durability and imperative authority of a state constitution, when the interests of the people require a state government, and a direct popular vote is necessary to give it sanction and effect, will be the proper occasion, once for all, to decide the grave political questions which underlie a well-regulated commonwealth." And in another portion of the same message, I said: "Justice to the country and the dictates of sound policy, require that the legislature should confine itself to such subjects as will preserve the basis of entire equality; and when a sufficient population is here, and they choose to adopt a state government, that they shall be 'perfectly free,' without let or hindrance, to form all their domestic institutions in their own way, and to dictate that form of government, which, in their deliberate judgment, may be deemed proper."
The expressions, "requisite number of inhabitants," "sufficient population," and others, of similar import, can have no other meaning than that given them by our leading statesmen, and by the common judgment of the country, to wit: "the ratio of representation for a member of congress."
The present ratio for a member of congress is 93,420 inhabitants. What, then, is the present population of Kansas; or what will it be on the 15th of March next? as after that time, no person arriving in the territory can vote for a member of the convention under the provisions of this bill.
At the last October election, the whole vote polled for delegate to congress was four thousand two hundred and seventy-six (4276); while the vote in favor of a convention to frame a state constitution, was but two thousand six hundred and seventy (2670).
It is a well known fact, to every person at all conversant with the circumstances attending the last election, that the question of a state government entered but little into the canvas, and the small vote polled for a convention is significantly indicative of the popular indifference on the subject.
No one will claim that 2670 is a majority of the voters of this territory, though it is a majority of those voting, and it is conceded that those not voting are bound by the act of those who did.
The bill under consideration seems to be drawn from the bill known as the Toombs' bill; but in several respects it differs from that bill, and in these particulars it does not furnish equal guarantees for fairness and impartiality. The former secured the appointment of five impartial commissioners to take and correct the census, to make a partial apportionment among the several counties, and generally to superintend all the preliminaries so as to secure a fair election, while by the present bill all these important duties are to be performed by probate judges and sheriffs, elected by and owing allegiance to a party. It differs in other important particulars. The bill of Mr. Toombs conferred ​valuable rights and privileges upon this territory, and provided means to pay the expenses of the convention; while this bill does neither.
If we are disposed to avail ourselves of the wisdom of the past, we will pause some time before we throw off our territorial condition, under present circumstances, by the adoption of a state government.
The state of Michigan remained a territory for five years after she had the requisite population, and so with other states; and when they were admitted, they were strong enough in all the elements of material wealth to be self-sap- porting. And hence they knocked at the door of the Union with that manly confidence which spoke of equality and self-reliance.
California was admitted under peculiar and extraordinary circumstances. Her rich mines of the precious metals attracted a teeming population to her shores, and her isolated position from the parent government, with her super- abundant wealth, at once suggested the experiment of self-government; and at the time of her state constitution, ratified by the vote of the people, the pop- ulation of California entitled her to two representatives in congress.
I observe by the message of the governor of Minnesota, that the popula- tion of that thriving territory exceeds 180,000. The taxable property amounts to between thirty and thirty-five millions of dollars. And in view of these facts, and of the large increase of agricultural products, cash capital, etc., the governor favors a change from a territorial to a state government. To this end he suggests that a convention be called to form a constitution; that an act be passed for the taking of a census in April, and for such other preliminary steps as are necessary; and that if the constitution be "ratified by the people" at the next October election, it shall be presented to congress in December fol- lowing.
These facts furnish an additional argument why the constitution should be submitted to the people, as the majority, preferring a territorial government, and thinking a state government premature, may desire to avail themselves of that opportunity to vote against any state constitution whatever.
Burthened with heavy liabilities; without titles to our lands; our public buildings unfinished; our jails and court-houses not erected; without money even to pay the expenses of a convention; and just emerging from the disas- trous effects of a bitter civil feud; it seems unwise for a few thousand people, scarcely sufficient to make a good county, to discard the protecting and foster- ing care of a government, ready to assist us with her treasures and to protect us with her armies.Jno. W. Geary,
Governor of Kansas Territory.
Notwithstanding the veto of the governor, the bill passed both branches of the assembly by an almost unanimous vote, and without discussion. The pro- slavery party now exulted in the certain prospect of making Kansas a slave state. The time of the meeting of the convention was fixed for September. It was stated to Gov. Geary, as a part of the plan, that a constitution would be framed in which no reference would be made to the subject of slavery; but, ​says Dr. Gihon, "the pretended merit of this scheme will disappear as soon aa it is understood that slavery already exists in the territory by statute; and although no mention of it be made in the constitution, it will still remain an established institution of the new state." The legislative assembly adjourned on the 21st of February.
During the sitting of this legislature, there were so many disturbances of the public peace in Lecompton, that the peaceful citizens called upon the governor to send for a detachment of the United States troops to protect them. A messenger was accordingly dispatched to Fort Leavenworth with the following requisition:
| "Executive Department, Kansas Territory, | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| "February 9, 1857. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
"Major-General Persifer F. Smith,
"Commanding Department of the West:
"Dear Sir: There are certain persons present in Lecompton, who are determined, if within the bounds of possibility, to bring about a breach of the peace. During the last few days, a number of persons have been grossly insulted; and to-day an insult has been offered to myself. A person named Sherrard, who some days ago had been appointed sheriff of Douglas county, which appointment was strongly protested against by a respectable number of the citizens of the county, and I had deferred commissioning him. This, it appears, gave mortal offense to Sherrard, and he has made up his mind to assassinate me. This may lead to trouble. It must be prevented, and that by immediate action. I require, therefore, two additional companies of dragoons to report to me with the least possible delay. I think this is absolutely necessary, and I trust you will immediately comply with my request. I write in great haste, as the messenger is about leaving.
"I wish you would keep an eye upon Leavenworth City, as I hear of troublesome indications there. I am confident that there is a conspiracy on foot to disturb the peace, and various pretexts will be, and have been used to accomplish this fell purpose.
"Jno. W. Geary."
Much to the astonishment of the governor, Gen. Smith refused to comply with this requisition, partly on the ground that "probable breaches of the peace did not authorize the employment of troops," and partly, that the forces under his command had "just been designated by the secretary of war for other service."
When Gov. Geary was sent to Kansas, he was authorized to use the regular forces "at his discretion" to "preserve the peace," and be governed by "the exigencies of affairs as they should be presented to him on the spot."
Previous to this, the governor had applied to the department at Washington for a draft of two thousand dollars to meet the contingent expenses of the ​government of Kansas. He received, in reply, a statement that "the president had no authority to advance for the contingent expenses of the government of Kansas any amount whatever."
It is evident that the just and equitable administration of Gov. Geary received no approval at Washington. Yet he persevered even after the sword and the purse had been withdrawn from him, in maintaining the peace of the territory. "It could have been," says Dr. Gihon, the historian of Kansas, "nothing less than an enlarged patriotism that caused him to retain so long the most thankless and unprofitable office in the nation. For months he had labored for the public good with untiring energy, not even taking time for needed rest and sleep; deprived of all the usual comforts of life; occupying a log house, and very often unable to obtain wholesome food; vexed and harassed hourly with the complaints of an abused people; constant drafts being made by persons whom he was compelled to employ, upon his pecuniary resources; required to pay the militia called into the service by the president himself, from his own private funds; every federal officer in the territory conspiring to embarrass his administration; his mails overhauled and their contents examined by government officials; surrounded with organized bands of assassins; and without a word of comfort or a particle of aid from the general government, he still continued, with fidelity, zeal, and unflagging energy, to discharge the arduous duties of his station."
Finally, upon the incoming of a new administration at Washington, Governor Geary forwarded to the new president the following letter of resignation:
| Executive Department, K. T. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
| Lecompton, March 4, 1857. | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ |
His Excellency, James Buchanan,
President of the United States:
Dear Sir: Please accept my resignation as governor of Kansas Territory, to take effect on the 20th of the present month, by which time you will be enabled to select and appoint a proper successor.
With high respect, your friend and obedient servant,
John W. Geary.
Previous to leaving the territory, the governor issued the following farewell address:
To the People of Kansas Territory:
Having determined to resign the executive office, and retire again to the quiet scenes of private life and the enjoyment of those domestic comforts of which I have so long been deprived, I deem it proper to address you on tho occasion of my departure.
The office from which I now voluntarily withdraw, was unsought by me, and at the time of its acceptance was by no means desirable. This was quite evident, from the deplorable moral, civil and political condition of the territory—the discord, contention and deadly strife which then and there prevailed; and the painful anxiety with which it was regarded by patriotic citizens in ​every portion of the American Union. To attempt to govern Kansas at such a period and under such circumstances, was to assume no ordinary responsibilities. Few men could have desired to undertake the task, mid none would have been so presumptuous, without serious forebodings as to the result That I should have hesitated, is no matter of astonishment to those acquainted with the facts; but that I accepted the appointment, was a well-grounded source of regret to many of my well-tried friends, who looked upon the enterprise as one that could terminate in nothing but disaster to myself. It was not supposed possible that order could be brought, in any reasonable space of time, and with the means at my command, from the existing chaos.
Without descanting upon the feelings, principles and motives which prompted me, suffice it to say, that I accepted the president's tender of the office of governor. In doing so, I sacrificed the comforts of a home, endeared by the strongest earthly ties and most sacred associations, to embark in an undertaking which presented at the best but a dark and unsatisfactory prospect I reached Kansas and entered on the discharge of my official duties in the most gloomy hour of her history. Desolation and ruin reigned on every hand. Homes and firesides were deserted. The smoke of burning dwellings darkened the atmosphere. Women and children, driven from their habitations, wandered over the prairies and through the woodlands, or sought refuge and protection even among the Indian tribes. The highways were infested with numerous predatory bauds, and the towns were fortified and garrisoned by armies of conflicting partisans, each excited almost to frenzy, and determined upon mutual extermination. Such was, without exaggeration, the condition of the territory at the period of my arrival. Her treasury was bankrupt. There were no pecuniary resources within herself to meet the exigencies of the time. The congressional appropriations, intruded to defray the expenses of a year, were insufficient to meet the demands of a fortnight. The laws were null, the courts virtually suspended, and the civil arm of the government almost entirely powerless. Action—prompt, decisive, energetic action—was necessary. I at once saw what was needed, and without hesitation gave myself to the work. For six months I have labored with unceasing industry. The accustomed and needed hours for sleep have been employed in the public service. Night and day have official duties demanded unremitting attention. I have had no proper leisure moments for rest or recreation. My health has failed under the pressure. Nor is this all; to my own private purse, without assurance of reimbursement, have I resorted in every emergency for the required funds. Whether these arduous services and willing sacrifices have been beneficial to Kansas and my country, you are abundantly qualified to determine.
That I have met with opposition, and even bitter vituperation and vindictive malice, is no matter for astonishment. No man has ever yet held an important or responsible post in our own or any other country and escaped censure. I should have been weak and foolish indeed, had I expected to pass through the fiery ordeal entirely unscathed, especially as I was required, if not to come in conflict with, at least to thwart evil machinations, and hold in restraint wicked ​passions, or rid the territory of many lawless, reckless and desperate men. Beside, it were impossible to come in contact with the conflicting interests which governed the conduct of many well-disposed persons, without becoming an object of mistrust and abuse. While from others, whose sole object was notoriously personal advancement at any sacrifice of the general good and at every hazard, it would have been ridiculous to anticipate the meed of praise for disinterested action; and hence, however palpable might have been my patriotism,-however just my official conduct, or however beneficial its results, I do not marvel that my motives have been impugned and my integrity maligned. It is, however, so well known, that I need scarcely record the fact, that those who have attributed my labors to a desire for gubernatorial or senatorial honors, were and are themselves the aspirants for those high trusts and powers, and foolishly imagined that I stood between them and the consummation of their ambitious designs and high-towering hopes.
But whatever may be thought or said of my motives or desires, I have the proud consciousness of leaving this scene of my severe and anxious toil with clean hands, and the satisfactory conviction that He who can penetrate the inmost recesses of the heart, and read its secret thoughts, will approve my purposes and acts. In the discharge of my executive functions, I have invariably sought to do equal and exact justice to all men, however humble or exalted. I have eschewed all sectional disputations, kept aloof from all party affiliations, and have alike scorned numerous threats of personal injury and violence, and the most flattering promises of advancement and reward. And I ask and claim nothing more for the part I have acted than the simple merit of having endeavored to perform my duty. This I have done at all times, and upon every occasion, regardless of the opinions of men, and utterly fearless of consequences. Occasionally I have been forced to assume great responsibilities, and depend solely upon my own resources to accomplish important ends; but in all such instances, I have carefully examined surrounding circumstances, weighed well the probable results, and acted upon my own deliberate judgment; and in now reviewing them, I am so well satisfied with the policy uniformly pursued, that were it to be done over again, it should not be changed in the slightest particular.
In parting with you, I can do no less than give you a few words of kindly advice, and even of friendly warning. You are well aware that most of the troubles which lately agitated the territory, were occasioned by men who had no especial interest in its welfare. Many of them were not even residents; whilst it is quite evident that others were influenced altogether in the part they took in the disturbances by mercenary or other personal considerations. The great body of the actual citizens are conservative, law-abiding and peace-loving men, disposed rather to make sacrifices for conciliation and consequent peace, than to insist for their entire rights, should the general good thereby be caused to suffer. Some of them, under the influence of the prevailing excitement and misguided opinions, were led to the commission of grievous mistakes, but not with the deliberate intention of doing wrong. ​A very few men, resolved upon mischief, may keep in a state of unhealthy excitement and involve in fearful strife an entire community. This was demonstrated during the civil commotions with which the territory was convulsed. While the people generally were anxious to pursue their peaceful callings, small combinations of crafty, scheming and designing men succeeded, from pure selfish motives, in bringing upon them a series of most lamentable and destructive difficulties. Nor are they satisfied with the mischief already done. They never desired that the present peace should be effected; nor do they In tend that it shall continue if they have the power to prevent it. In the constant croakings of disaffected individuals in various sections, you hear only the expressions of evil desires and intentions. Watch, then, with a special, jealous and suspicious eye those who are continually indulging surmises of renewed hostilities. They are not the friends of Kansas, and there is reason to fear that some of them are not only enemies of this territory but of the Union itself. Its dissolution is their ardent wish, and Kansas has been selected as a fit place to commence the accomplishment of a most nefarious design. The scheme has thus far been frustrated; but it has not been abandoned. You are entrusted, not only with the guardianship of this territory, but the peace of the Union, which depends upon you iu a greater degree than you may at present suppose.
You should, therefore, frown down every effort to foment discord, and especially to array settlers from different sections of the Union in hostility against each other. All true patriots, whether from the north or south, the east or west, should unite together for that which is and must be regarded as a common cause, the preservation of the Union; and he who shall whisper a desire for its dissolution, no matter what may be his pretensions, or to what faction or party he claims to belong, is unworthy of your confidence, deserves your strongest reprobation, and should be branded as a traitor to his country. There is a voice crying from the grave of one whose memory is dearly cherished in every patriotic heart, and let it not cry in vain. It tells you that this attempt at dissolution is no new thing; but that, even as early as the days of our first president, it was agitated by ambitious aspirants for place and power. And if the appeal of a still more recent hero and patriot was needed in his time, how much more applicable is it now, and in this territory!
"The possible dissolution of the Union," he says, "has at length become an ordinary and familiar subject of discusion. Has the warning voice of Washington been forgotten? or have designs already been formed to sever the Union? Let it not be supposed that I impute to all of those who have taken an active part in these unwise and unprofitable discussions, a want of patriotism or of public virtue. The honorable feelings of state pride and local attachments find a place in the bosoms of the most enlightened and pure. But while such men are conscious of their own integrity and honesty of purpose, they ought never to forget that the citizens of other states are their political brethren; and that, however mistaken they may be in their views, the great *ody of them are equally honest and upright with themselves. Mutual ​suspicions and reproaches may, in time, create mutual hostility, and artful and designing men will always be found who are ready to foment these fatal divisions, and to inflame the natural jealousies of different sections of the country. The history of the world is full of such examples, and especially the history of republics."
When I look upon the present condition of the territory, and contrast it with what it was when I first entered it, I feel satisfied that my administration has not been prejudicial to its interests. On every hand, I now perceive unmistakable indications of welfare and prosperity. The honest settler occupies his quiet dwelling, with his wife and children clustering around him, unmolested, and fearless of danger. The solitary traveler pursues his way unharmed over every public thoroughfare. The torch of the incendiary has been extinguished, and the cabins which were destroyed, have been replaced by more substantial buildings. Hordes of banditti no longer lie in wait in every ravine for plunder and assassination. Invasions of hostile armies have ceased, and infuriated partisans, living in our midst, have emphatically turned their swords into plowshares, and their spears into pruning-hooks. Laborers are everywhere at work—farms are undergoing rapid improvements—merchants are driving a thriving trade, and mechanics pursuing with profit their various occupations. Real estate, in town and country, has increased in value almost without precedent, until in some places it is commanding prices that never could have been anticipated. Whether this healthy and happy change is the result solely of my executive labors, or not, it certainly has occurred during my administration. Upon yourselves must mainly depend the preservation and perpetuity of the present prosperous condition of affairs. Guard it with unceasing vigilance, and protect it as you would your lives. Keep down that party spirit, which, if permitted to obtain the mastery, must lead to desolation. Watch closely, and condemn in its infancy, every insidious movement that can possibly tend to discord and disunion. Suffer no local prejudices to disturb the prevailing harmony.. To every appeal to these, turn a deaf ear, as did the Savior of men to the promptings of the deceiver. Act as a united band of brothers, bound together by one common tie. Your interests are the same, and by this course alone can they be maintained. Follow this, and your hearts and homes will be made light and happy by the richest blessings of a kind and munificent Providence.
To you, the peaceable citizens of Kansas, I owe my grateful acknowledgments for the aid and comfort your kind assurances and hearty cooperation have afforded in many dark and trying hours. You have my sincerest thanks, and my earnest prayers that you may be abundantly rewarded of heaven.
To the ladies of the territory—the wives, mothers, sisters and daughters of the honest settlers—I am also under a weight of obligation. Their pious prayers have not been raised in vain, nor their numerous assurances of confidence in the policy of my administration failed to exert a salutary influence.
And last, though not the least, I must not be unmindful of the noble men who form the military department of the west. To Gen. Persifer F. Smith, ​and the officers acting under his command, I return my thanks for many vulaable services. Although from different parts of the Union, and naturally imbued with sectional prejudices, I know of no instance in which such prejudices have been permitted to stand in the way of a faithful, ready, cheerful and energetic discharge of duty. Their conduct in this respect is worthy of universal commendation, and presents a bright example for those executing the civil power. The good behavior of all the soldiers who were called upon to assist me, is, in fact, deserving of especial notice. Many of these troops, officers and men, had served with me on the fields of Mexico against a foreign foe, and it is a source of no little satisfaction to know that the laurels there won have been further adorned by the praiseworthy alacrity with which they aided to allay a destructive fratricidal strife at home.
With a firm reliance in the protecting care and overruling providence of that Great Being who holds in his hand the destinies alike of men and of nations, I bid farewell to Kansas and her people, trusting that whatever events may hereafter befall them, they will, in the exercise of His wisdom, goodness and power, be so directed as to promote their own best interest and that of the beloved country of which they are destined to form a most important part.
Jno. W. Geary.
The Hon. Robert J. Walker, of Mississippi, was appointed successor to Governor Geary, and Frederick P. Stanton was appointed Secretary. Stanton proceeded to Kansas as acting governor, aud immediately issued an address, the main features of which were afterwards incorporated in the inaugural of Governor Walker. The first official act of the secretary was to make an apportionment of delegates to the convention to frame a state constitution. In regard to this apportionment it is stated, that "out of thirty-six counties, as organized by the authorities, only twenty-one have even a nominal representation. The census has only been taken in ten of these, and in only some portions of these ten. In six of these twenty-one counties thus reported, no census was taken, but a list of voters was taken from their old poll-books; this having been done after the time for taking the census had expired. The other five are counties forming parts of districts which are mentioned because they are connected with others; but in these no census was taken, and no former vote or representation on account of former vote, has been allowed. By this apportionment three-fifths of the settled counties of the territory are allowed no representation. In these there are at least two-fifths of the people in the whole territory, and including the emigration of this spring, one-half.
"There are twenty counties to the south of the Kansas river, lying in a great solid mass, and filled with free state towns and settlements, teeming with active life and industry; in one-half of them the great majority of claims are taken, and all are about as well settled as the majority of counties in most of the western states, and the whole of these are left without a particle of representation by this proclamation." ​Governor Walker reached Kansas on the 25th of May, and a few days after he issued his inaugural address at Lecompton. This document was intended to conciliate both political parties.
GOVERNOR WALKER'S INAUGURAL.
Fellow-Citizens of Kansas: At the earnest request of the president of the United States, I have accepted the position of governor of the territory of Kansas. The president, with the cordial concurrence of all his cabinet, expressed to me the conviction that the condition of Kansas was fraught with imminent peril to the Union, and asked me to undertake the settlement of that momentous question, which has introduced discord and civil war throughout your borders, and threatens to involve you and our country in the same common ruin. This was a duty thus presented, the performance of which I could not decline consistently with my view of the sacred obligation which every citizen owes to his country.
The mode of adjustment is provided in the act organizing 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 our practice, the preliminary act of framing a state constitution is uniformly performed through the instrumentality 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, created and still recognized by the authority 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 convention, were fully sustained by the act of congress, and the authority of the convention is distinctly recognized in my instructions from the President of the United States. Those who oppose this course cannot aver the alleged irregularity of the territorial legislature, whose laws in town and city elections, in corporate franchises, and on all other subjects but slavery, they acknowledge by their votes and acquiescence. If that legislature 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 anarchy reigns throughout our borders.
It is my duty, in seeing that all constitutional laws are 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 constitution and state government. The law has performed its entire appropriate function when it extends to the people the right of suffrage, but it cannot compel the performance of that duty. Throughout our whole union, however, and wherever free government prevails, those who abstain from the exercise of the right of suffrage authorize those who do vote to act for them in ​that contingency, and the absentees are as much bound under the law and the constitution, where there is no fraud or violence, by the act of the majority of those who do vote, as although all had participated in the election. Otherwise, as voting must be voluntary, self-government would be impracticable, and monarchy or despotism would remain as the only alternative.
You should not console yourselves, my fellow-citizens, with the reflection that you may, by a subsequent vote, defeat the ratification of the constitution. Although most anxious to secure to you the exercise of that great constitutional right, and believing that the convention is the servant, and not the master of the people, yet I have no power to dictate proceedings to that body. I cannot 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 own 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 opposing it you resist the authority of the federal government. That legislature was called into being by the congress of 1854, and is recognized in the very latest congressional legislation. It is recognized by the present chief magistrate of the Union, just chosen by the American people, and many of its acts are now in operation here by universal assent. 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 constitutional laws are fully and fairly executed.
I see in this act, calling the convention, no improper or unconstitutional restrictions upon the right of suffrage. I see in it no test-oath or other similar provisions objected to in relation to previous laws, but clearly repealed as repugnant 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 predict such a result? Nor is it just for a majority, as they allege, to throw the power into the hands of a minority, from a mere apprehension— I trust entirely unfounded—that they will not be permitted to exercise the right of suffrage. If, by fraud or violence, a majority should not be permitted to vote, there is a remedy, it is hoped, in the wisdom and justice of the convention itself, acting under the obligations of an oath, and a proper responsibility to the tribunal 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 a majority by fraud or violence. Indeed, I cannot doubt that the convention, after having framed a state constitution, will submit it for ratification or rejection, by a majority of the then actual bona fide resident settlers of Kansas.
With these views, well known to the president and cabinet, and approved by them, I accepted the appointment of governor of Kansas. My instructions from the president, through the secretary of state, under date of the 30th of ​March last, sustain "the regular legislature of the territory" in "assembling a convention to form a constitution;" and they express the opinion of the president that "when such a constitution shall be submitted to the people of the territory, they must be protected in the exercise of their right of voting for or or against that instrument; and the fair expression of the popular will must not be interrupted by fraud or violence."
I repeat, then, as my clear conviction, that unless the convention submit the constitution to the vote of all the actual resident settlers of Kansas, and the election be fairly and justly conducted, the constitution will be, and ought to be, rejected by congress.
There are other important reasons why you should participate in the election of delegates to this convention. Kansas is to become a new state, created out of the public domain, and will designate her boundaries in the fundamental law. To most of the land within her limits the Indian title, unfortunately, is not yet extinguished, and this land is exempt from settlement, to the grievous injury of the people of the state. Having passed many years of my life in a new state, and represented it for a long period in the senate of the United States, I know the serious incumbrance arising from large bodies of lands within a state to which the Indian title is not extinguished. Upon this subject the convention may act by such just and constitutional provisions as will accelerate the extinguishment of Indian title.
There is, furthermore, the question of railroad grants made by congress to all the new states but one, (where the routes could not be agreed upon,) and within a few months past, to the nourishing territory of Minnesota. This munificent grant of four millions and a half of acres was made to Minnesota, even in advance of her becoming a state, under the auspices of her present distinguished executive, and will enable our sister state of the northwest speedily to unite her railroad system with ours.
Kansas is undoubtedly entitled to grants similar to those just made to Min nesota, and upon this question the convention may take important action.
These, recollect, are grants by congress, not to companies, but to states. Now, if Kansas, like the state of Illinois, in granting hereafter these lands to companies to build these roads, should reserve, at least, the seven per cent, of their gross annual receipts, it is quite certain that so soon as these roads are constructed, such will be the large payments into the treasury of our state that there will be no necessity to impose in Kansas any state tax whatever, especially if the constitution should contain wise provisions against the creation of state debts.
The grant to the state of Illinois for the Illinois Central Railroad, passed under the wise and patriotic auspices of her distinguished senator, was made before the pernicious system lately exposed in Washington had invaded the halls of congress; and, therefore, that state, unlike most others which obtained recent grants, was enabled to make the great reservation for the benefit of the state. This constitutes of itself a conclusive reason why these railroad grants should be reserved in the ordinance accompanying our state constitutions, so ​that our state might have the whole benefit of the grant, instead of large portions being given to agents appointed to obtain these grants by companies substantially in many cases for their own benefit, although in the name of the state.
There is another reason why these railroad grants should thus be reserved in our ordinance.
It is to secure these lauds to the state before large bodies of them are engrossed by speculators, especially along the contemplated lines of railroads In no case should these reservations interfere with the preemption rights reserved to settlers, or with school sections.
These grants to states, as is proved by the official documents, have greatly augmented the proceeds of the sales of the public lands, increasing their value, accelerating their sale and settlement, and bringing enhanced prices to the government, whilst greatly benefiting the lands of the settler by furnishing him new markets and diminished cost of transportation. On this subject, Mr. Buchanan, always the friend of the new states, in his recent inaugural, uses the following language:
"No nation in the tide of time has ever been blessed with so rich and noble an inheritance as we enjoy in the public lands. In administering this important trust, whilst it may be wise to grant portions of them for improvement of the remainder, yet we should never forget that it is our cardinal policy to reserve the lands as much as may be for actual settlers; and this at moderate prices. We shall thus not only best promote the prosperity of the new states by furnishing them a hardy and independent race of honest and industrious citizens, but shall secure homes for our children and our children's children, as well as those exiled from foreign shores, who may seek in this country to improve their condition and enjoy the blessings of civil and religious liberty."
Our American railoads, now exceeding twenty-four thousand miles completed, have greatly advanced the power, prosperity, and progress of the country, whilst linking it together in bonds of ever-increasing commerce and intercourse, and tending by these results, to soften or extinguish sectional passions and prejudice, and thus perpetuate the union of the states. This system it is clearly the interest of the whole country shall progress until the states west of the Mississippi shall be intersected, like those east of that river, by a network of railroads, until the whole, at various points, shall reach the shores of the Pacific. The policy of such grants by congress is now clearly established; and whatever doubts may have prevailed in the minds of a few persons as to the constitutionality of such grants, when based only upon the transfer of a portion of the public domain, in the language of the inaugural of the president, "for the improvement of the remainder," yet when they are made, as now proposed in the ordinance accompanying our constitution, in consideration of our relinquishing the right to tax the public lands, such grants become, in fact, sales for ample equivalents, and their constitutionality is placed beyond all doubt or controversy. For this reason, also, and in order that these grants may be made for ample equivalents, and upon grounds of clear, constitutional ​authority, it is most wise that they should be included in our ordinance, and take effect by compact when the state is admitted into the Union. If my will could have prevailed as regards the public lands, as indicated in my public career, and especially in the bill presented by me, as chairman of the committee on public lands, to the senate of the United States, which passed that body, but failed in the house, I would authorize no sales of these lands except for settlement and cultivation, reserving not merely a preemption, but a homestead of a quarter-section of land in favor of every actual settler, whether coming from other states or emigrating from Europe. Great and populous states would thus rapidly be added to the confederacy, until we should soon have one unbroken line of states from the Atlantic to the Pacific, giving immense additional power and security to the Union, and facilitating intercourse between all its parts. This would be alike beneficial to the old and to the new states. To the working-men of the old states, as well as of the new, it would be of incalculable advantage, not merely by affording them a home in the west, but by maintaining the wages of labor, by enabling the working classes to emigrate and become cultivators of the soil, when the rewards of daily toil should sink below a fair remuneration. Every new state, besides, adds to the customers of the old states, consuming their manufactures, employing their merchants, giving business to their vessels and canals, their railroads and cities, and a powerful impulse to their industry and prosperity. Indeed, it is the growth of the mighty west which has added, more than all other causes combined, to the power and prosperity of the whole country, whilst at the same time, through the channels of business and commerce, it has been building up immense cities in the eastern, Atlantic, and middle states, and replenishing the federal treasury with large payments from the settlers upon the public lands, rendered of real value only by their labor; and thus, from increased exports, bringing back augmented imports, and soon largely increasing the revenue of the government from that source also.
Without asking anything new from congress, if Kansas can receive, on coming into the Union, all the usual grants, and use them judiciously, she can not only speedily cover herself with a network of railroads, but, by devoting all the rest to purposes of education, she would soon have a complete system of common schools, with normal schools, free academies, and a great university, in all of which tuition should be free to all our people. In that university the mechanic arts, with model workshops, and all the sciences should be taught, and especially agriculture in connection with a model farm.
Although you ask nothing more in your ordinance than has already been granted to the other new states, yet in view of the sacrifice of life and property incurred by the people of Kansas, in establishing here the great principles of state and popular sovereignty, and thus perpetuating the Union, congress, doubtless, will regard with indulgent favor the new state of Kansas, and will welcome her into the Union with joyful congratulations and a most liberal policy as to the public domain.
The full benefit of that great measure, the graduation and reduction of the ​price of the public lands in favor only of settlers and cultivators, so often urged by me in the senate and in the treasury department, and finally adopted by congress, should also be secured in our ordinance. Having witnessed In new
states the deep injury inflicted upon them by large bodies of their most fertile land being monopolized by speculators, I suggest, in accordance with the public policy ever advocated by me, that our entire land tax, tinder the constitution; for the next twenty years should be confined exclusively to unoccupied land—whether owned by residents or non-residents—as one of the best means of guarding against a monopoly of our choice lands by speculators. I desire, in fact, to see our convention exercise the whole constitutional power of a state, to guard our rights and interests, and especially to protect the settlers and cultivators against the monopoly of our public domain by speculators.
As regards the school lands of the new states, the following views will be found in my reports of the 8th of December, 1847, and 9th of December, 1848, as secretary of the treasury of the United States:
"The recommendation contained in my last report for the establishment of ports of entry in Oregon, and the extension there of our revenue laws, is again respectfully presented to the consideration of congress, together with donations of farms to settlers and emigrants, and the grant of a school section in the center of every quarter of a township, which would bring the school-house within a point not exceeding a mile and a half in distance from the most remote inhabitants of such quarter township."
And again: "My last report recommended the grant of one section of land for schools in every quarter township in Oregon.*****Congress, to some extent, adopted this recommendation by granting two school sections in each township, instead of one, for education in Oregon; but it is respectfully suggested that even thus extended the grant is still inadequate in amount, whilst the location is inconvenient, and too remote for a school which all can attend. The subject is again presented to the attention of congress, with the recommendation that it shall be extended to California and New Mexico, and also to all the other new states and territories containing the public domain."
Acting upon the first of these recommendations, but not carrying them fully into effect, congress doubled the school section grants—an advance upon the former system. But, in my judgment, the benefits intended will never be fully realized until four school sections, instead of two, are granted in every township, locating the school section in the center of every quarter township; thus, by only doubling the school sections, causing every section of the public domain in the new states to adjoin a school section, which would add immensely to t he value of the public lands, whilst, at the same time, affording an adequate fund not only for the establishment of common schools in every township, but of high schools, normal schools, and free academies, which, together with the five per cent, fund and university grant before referred to, would place Kansas in a few years, in point of science and education, in the front rank of the states of the American Union and of the world. This is a subject always regarded by me ​with intense interest, inasmuch as my highest hope of the perpetuity of our Union, and of the continued success of self-government, is based upon the progressive education and enlightenment of the people, enabling them fully to comprehend their own true interests, the incalculable advantages of our Union, the exemption from the power of demagogues, the control of sectional passions and prejudice, the progress of the arts and sciences, and the accumulation of knowledge, which is every day more and more becoming real power, and which will advance so much the great interests of our whole country.
These noble grants for schools and education in some of the new states have not produced all the advantages designed, for want of adequate checks and guards against improvident legislation; but I trust that the convention, by a distinct constitutional provision, will surround these lands with such guarantees, legislative, executive, judicial, and popular, as to require the combined action of the whole under the authority of the legislature in the administration of a fund so sacred.
It will be observed that these school sections and the five per cent, fund, or their equivalent, have always been made good to the new states by congress, whether the lands were sold in trust, for Indians, or otherwise.
Upon looking at the location of Kansas, equidistant from north to south, and from the Atlantic to the Pacific, I find, that, within reasonable boundaries, she would be the central state of the American Union. On the north lies the Nebraska territory, soon to become a state; on the south the great and fertile southwestern Indian territory, soon, I hope, to become a state also. To the boundary of Kansas run nearly all the railroads of Missouri, whilst westward, northward, and southward, these routes continued through Kansas would connect her directly with Puget Sound, the mouth of the Oregon river, and San Francisco. The southern boundary of Kansas is but five hundred miles from the Gulf of Mexico, and the same railroad through the great southwestern Indian territory and Texas would connect her with New Orleans, with Galveston, with all the roads of Arkansas, and through Texas to San Francisco, and other points upon the Pacific; northward and eastward our lines would connect with the roads of Iowa, Illinois, Wisconsin, Nebraska, and the lakes of the north.
It is the people of Kansas who, in forming their state constitution, are to declare the terms on which they propose to enter the Union. Congress can not compel the people of the territory to enter the Union as a state, or change, without their consent, the constitution framed by the people. Congress, it is true, may for constitutional reasons refuse admission, but the state alone, in forming her constitution, can prescribe the terms on which she will enter the Union. This power of the people of a territory in forming a state constitution is one of vital importance, especially in the states carved out of the public domain. Nearly all the lands of Kansas are public lands, and most of them are occupied by Indian tribes. These lands are the property of the federal government, but their right is exclusively that of a proprietor, carrying with it no political power. ​Although the states cannot tax the constitutional functions of the federal government, they may assess its real estate within the limits of the state. Thus, although a state cannot tax the federal mint or custom houses, yet it may tax the ground on which they stand, unless exempted by state authority. Such is the well-settled doctrine of the supreme court of the United States. In 1838, Judge McLean, of the supreme court of the United States, made the following decision:
"It is true, the United States held the proprietary right under the act of cession, and also the right of sovereignty until the state government was established; but the mere proprietary right, if it exists, gives no right of sovereignty. The United States may own land within a state, but political jurisdiction does not follow this ownership. Where jurisdiction is necessary, as for forts and arsenals, a cession of it is obtained from the state. Even the lands of the United States within the state are exempted from taxation by compact."
By the recent decision of the supreme court of the United States, so justly favorable to the rights and interest of the new states, especially those formed out of the territory acquired, like Kansas, since the adoption of the constitution, it is clear that the ownership of the public lands of such territory is viewed by the court exclusively as a proprietary right, carrying with it no political power or right of eminent domain, and affecting in no way the exercise of any of the soveereign attributes of state authority. When Kansas becomes a state, with all the attributes of state sovereignty coëxtensive with her limits, among these must be the taxing power, which is an inherent element of state authority. I do not dispute the title of the government to the public lands of Kansas, but I do say this right is that of an owner only, and that, when Kansas becomes a state, the public lands are subject to taxation by state authority, like those of any individual proprietor, unless that power is relinquished by the state in the ordinance, assuming the form of a compact, by which the state is admitted into the Union.
This relinquishment of the taxing power as to the public lands, so important to the general government, and which has heretofore been exacted by congress on their own terms from all the new states, is deeply injurious to a state, depriving her almost entirely of the principal recourse of a new state by taxation to support her government. Now that this question is conclusively settled by the supreme court of the United States, as a consequence of their recent decision, it is proper for the state, in making this relinquishment of the right to tax the public lands, to annex the conditions on which she consents to such exemption. This should be done in the constitution upon terms just to Kansas and to the federal government.
Should Kansas relinquish the right of taxing the public lands for an equivalent, she should, in my judgment, although sustained by irresistible conclusions from the decision of the supreme court of the United States, and sound constitutional views of state rights, place the question in its strongest form, by asking nothing more than has been granted to the other new states, including the grants for education, railroads, etc. She will thus give the highest proof that ​she is not governed by sordid views, and that she means to exact nothing from congress that is unjust or unusual.
I cannot too earnestly impress upon you the necessity of removing the slavery agitation from the halls of congress and presidential conflicts. It is conceded that congress has no power to interfere with slavery in the states where it exists; and if it can now be established, as is clearly the doctrine of the constitution, that congress has no authority to interfere with the people of a territory on this subject, in forming a state constitution, the question must be removed from congressional and presidential elections.
This is the principle affirmed by congress in the act organizing this territory, ratified by the people of the United States in the recent election, and maintained by the late decision of the supreme court of the United States. If this principle can be carried into successful operation in Kansas—that her people shall determine what shall be her social institutions—the slavery question must be withdrawn from the halls of congress, and from our presidential conflicts, and the safety of the Union be placed beyond all peril; whereas, if the principle should be defeated here, the slavery agitation must be renewed in all elections throughout the country, with increasing bitterness, until it shall eventually overthrow the government.
It is this agitation which, to European powers, presents the only hope of subverting our free institutions, and, as a consequence, destroying the principle of self-government throughout the world. It is this hope that has already inflicted deep injury upon our country, exciting monarchical or despotic interference with our domestic as well as foreign affairs, and inducing their interposition, not only in our elections, but in diplomatic intercourse, to arrest our progress, to limit our influence and power, depriving us of great advantages in peaceful territorial expansion, as well as in trade with the nations of the world.
Indeed, when I reflect upon the hostile position of the European press during the recent election, and their exulting predictions of the dissolution of our Union as a consequence of the triumph of a sectional candidate, I cannot doubt that the peaceful and permanent establishment of these principles, now being subjected to their final test in Kansas, will terminate European opposition to all those measures which must so much increase our commerce, furnish new markets for our products and fabrics, and by conservative, peaceful progress, carry our flag and the empire of our constitution into new and adjacent regions indispensable as a part of the Union to our welfare and security, adding coffee, sugar, and other articles to our staple exports, whilst greatly reducing their price to the consumer.
Nor is it only in our foreign intercourse that peace will be preserved and our prosperity advanced by the accepted fact of the permanence of our government, based upon the peaceful settlement of this question in Kansas, but at home the same sentiment will awaken renewed confidence in the stability of our institutions, give a new impulse to all our industry, and carry us onward in a career of progress and prosperity exceeding even our most sanguine expectations; a new movement of European capital will flow in upon us for ​permanent investment, and a new exodus of the European masses, aided by the preëmption principle, carry westward the advancing column of American states in one unbroken phalanx to the Pacific.
And let me ask you, what possible good has been accomplished by agitating in congress and in presidential conflcts the slavery question? Has it emancipated a single slave, or improved their condition? Has it made a single state free where slavery otherwise would have existed? Has it accelerated the disappearance of slavery from the more northern of the slaveholding states, or accomplished any practical good whatever? No, my fellow-citizens, nothing but unmitigated evil has already ensued, with disasters still more fearful impending for the future, as a consequence of this agitation.
There is a law more powerful than the legislation of man—more potent than passion or prejudice—that must ultimately determine the location of slavery in this country; it is the isothermal line; it is the law of the thermometer, of latitude or altitude, regulating climate, labor, and productions, and, as a consequence, profit and loss. Thus even upon the mountain heights of the tropics slavery can no more exist than in northern latitudes, because it is unprofitable, being unsuited to the constitution of that sable race transplanted here from the equatorial heats of Africa. Why is it that in the Union slavery recedes from the north and progresses south? It is this same great climatic law now operating for or against slavery in Kansas. If, on the elevated plains of Kansas, stretching to the base of our American alps—the Rocky mountains—and including their eastern crest, crowned with perpetual snow, from which sweep over her open prairies those chilling blasts, reducing the average range of the thermometer here to a temperature nearly as low as that of New England, should render slavery unprofitable here, because unsuited to the tropical constitution of the negro race, the law above referred to must ultimately determine that question here, and can no more be controlled by the legislation of man than any other moral or physical law of the Almighty. Especially must this law operate with irresistible force in this country, where the number of slaves is limited, and cannot be increased by importation, where many millions of acres of sugar and cotton lands are still uncultivated, and, from the ever-augmenting demand, exceeding the supply, the price of those great staples has nearly doubled, demanding vastly more slave labor for their production.
If, from the operation of these causes, slavery should not exist here, I trust it by no means follows that Kansas should become a state controlled by the treason and fanaticism of abolitionism. She has, in any event, certain constitutional duties to perform to her sister states, and especially to her immediate neighbor—the slaveholding state of Missouri. Through that great state, by rivers and railroads, must flow, to a great extent, our trade and intercourse, our imports and exports. Our entire eastern front is upon her border; from Missouri come a great number of her citizens; even the farms of the two states are cut up by the line of the state boundary, part in Kansas, part in Missouri; her citizens meet us in daily intercourse; and that Kansas should ​become hostile to Missouri, an asylum for her fugitive slaves, or a propagandist of abolition treason, would be alike inexpedient and unjust, and fatal to the continuance of the American Union. In any event, then, I trust that the constitution of Kansas will contain such clauses as will forever secure to the state of Missouri the faithful performance of all constitutional guarantees, not only by federal, but by state authority, and the supremacy within our limits of the authority of the supreme court of the United States on all constitutional questions be firmly established.
Upon the south, Kansas is bounded by the great southwestern Indian territory. This is one of the most salubrious and fertile portions of this continent It is a great cotton-growing region, admirably adapted by soil and climate for the products of the south, embracing the valleys of the Arkansas and Red rivers, adjoining Texas on the south and west, and Arkansas on the east, and it ought speedily to become a state of the American Union. The Indian treaties will constitute no obstacle any more than precisely similar treaties did in Kansas; for their lands, valueless to them, now for sale, but which, sold with their consent and for their benefit, like the Indian land of Kansas, would make them a most wealthy and prosperous people; and their consent, on these terms, would be most cheerfully given. This territory contains double the area of the state of Indiana, and, if necessary, an adequate portion of the western and more elevated part could be set apart exclusively for these tribes, and the eastern and larger portion be formed into a state, and its lands sold for the benefit of these tribes, (like the Indian lands of Kansas,) thus greatly promoting all their interests. To the eastern boundary of this region on the state of Arkansas, run the railroads of that state; to her southern limits come the great railroads from Louisiana and Texas, from New Orleans and Galveston, which will ultimately be joined by railroads from Kansas, leading through this Indian territory, connecting Kansas with New Orleans, the Gulf of Mexico, and with the Southern Pacific railroad, leading through Texas to San Francisco.
It is essential to the true interests not only of Kansas, but of Louisiana, Texas, and Arkansas, Iowa and Missouri, and the whole region west of the Mississippi, that this conterminous southwestern Indian territory should speedily become a state, not only to supply us with cotton, and receive our products in return, but as occupying the area over which that portion of our railroads should run which connect us with New Orleans and Galveston, and by the southern route with the Pacific. From her central position, through or connected with Kansas, must run the central, northern, and southern routes to the Pacific; and with the latter, as well as with the Gulf, the connection can only be secured by this southwestern territory becoming a state, and to this Kansas should direct her earnest attention as essential to her prosperity.
Our country and the world are regarding with profound interest the struggle now impending in Kansas. Whether we are competent to self-government— whether we can decide this controversy peacefully for ourselves by our own votes, without fraud or violence—whether the great principles of self-government and state sovereignty can be carried here into successful operation—are ​the questions now to be determined, and upon the plains of Kansas may now be fought the last great and decisive battle, involving the fete of the Union, of state sovereignty, of self-government, and the liberties of the world. If, my fellow-citizens, you could, even for a brief period, soften or extinguish sectional passions or prejudice, and lift yourselves to the full realization of the momentous issues intrusted to your decision, you would feel that no greater responsibility was ever devolved upon any people. It is not merely, shall slavery exist in or disappear from Kansas? but, shall the great principles of self government and state sovereignty be maintained or subverted? State sovereignty is mainly a practical principle, in so far as it is illustrated by the great sovereign right of the majority of the people, in forming a state government, to adopt their own social institutions; and this principle is disregarded whenever such decision is subverted by congress, or overthrown by external intrusion, or by domestic fraud or violence. All those who oppose this principle are the enemies of state rights, of self-government, of the constitution and the Union. Do you love slavery so much, or hate it so intensely, that you would endeavor to establish or exclude it by fraud or violence, against the will of the majority of the people? What is Kansas, with or without slavery, if she should destroy the rights and union of the states? Where would be her schools, her free academies, her colleges and university, her towns and cities, her railroads, farms, and villages, without the Union, and the principles of self-government? Where would be her peace and prosperity, and what the value of her lands and property? Who can decide this question for Kansas, if not the people themselves? And if they cannot, nothing but the sword can become the arbiter.
On the one hand, if you can and will decide peacefully this question yourselves, I see for Kansas an immediate career of power, progress, and prosperity, unsurpassed in the history of the world. I see the peaceful establishment of our state constitution, its ratification by the people, and our immediate admission into the Union; the rapid extinguishment of the Indian title, and the occupancy of those lands by settlers and cultivators; the diffusion of universal education; preëmptions for the actual settlers; the state rapidly intersected by a network of railroads; our churches, schools, colleges, and university carrying westward the progress of law, religion, liberty, and civilization; our towns, cities, and villages prosperous and progressing; our farms teeming with abundant products, and greatly appreciated in value; and peace, happiness, and prosperity smiling throughout our borders. With proper clauses in our constitution, and the peaceful arbitrament of this question, Kansas may become the model state of the American Union. She may bring down upon us from north to south, from east to west, the praises and blessings of every patriotic American, and of every friend of self-government throughout the world. She may record her name on the proudest page of the history of our country and of the world, and as the youngest and last-born child of the American Union, all will hail and regard her with respect and affection.
On the other hand, if you cannot thus peacefully decide this question, fraud, ​violence, and injustice will reign supreme throughout our borders, and we will have achieved the undying infamy of having destroyed the liberty of our country and of the world. We will become a byword of reproach and obloquy; and all history will record the fact that Kansas was the grave of the American Union. Never was so momentous a question submitted to the decision of any people; and we cannot avoid the alternative now placed before us of glory or of shame.
May that overruling Providence who brought our forefathers in safety to [J]amestown and Plymouth—who watched over our colonial pupilage—who convened our ancestors in harmonious councils on the birthday of American independence—who gave us Washington, and carried us successfully through the struggles and perils of the revolution—who assembled, in IT 87, that noble band of patriots and statesmen from north and south who framed the federal constitution—who has augmented our numbers from three millions to thirty millions, has carried us from the eastern slope of the Alleghanies through the great valleys of the Ohio, Mississippi, and Missouri, and now salutes our standard on the shores of the Pacific—rouse in our hearts a love of the whole Union, and a patriotic devotion to the whole country. May it extinguish or control all sectional passions and prejudice, and enable us to conduct to a successful conclusion the great experiment of self-government now being made within your boundaries.
Is it not infinitely better that slavery should be abolished or established in Kansas, rather than that we should become slaves and not permitted to govern ourselves? Is the absence or existence of slavery in Kansas paramount to the great questions of state sovereignty, of self-government, and of the Union? Is the sable African alone entitled to your sympathy and consideration, even if he were happier as a freeman than as a slave, either here or in St. Domingo, or the British West Indies or Spanish America, where the emancipated slave has receded to barbarism, and approaches the lowest point in the descending scale of moral, physical, and intellectual degradation? Have our white brethren of the great American and European race no claims upon our attention? Have they no rights or interests entitled to regard and protection? Shall the destiny of the African in Kansas exclude all considerations connected with our own happiness and prosperity? And is it for the handful of that race now in Kansas, or that may be hereafter introduced, that we should subvert the Union and the great principles of self-government and state sovereignty, and imbrue our hands in the blood of our countrymen! Important as this African question may be in Kansas, and which it is your solemn right to determine, it sinks into insignificance compared with the perpetuity of the Union and the final successful establishment of the principles of state sovereignty and free government. If patriotism, if devotion to the constitution and love of the Union, should not induce the minority to yield to the majority on this question, let them reflect that in no event can the minority successfully determine this question permanently, and that in no contingency will congress admit Kansas as a slave or free state unless a majority of the people of ​Kansas shall first have fairly and freely decided this question for themselves by a
direct vote on the adoption of the constitution, excluding all fraud or violence. The minority, in resisting the will of the majority, may involve Kansas again in civil war; they may bring upon her reproach and obloquy, and destroy her progress and prosperity; they may keep her for years out of the Union, and, in the whirlwind of agitation, sweep away the government itself; but Kansas never can be brought into the Union with or without slavery except by a previous solemn decision, fully, freely, and fairly made by a majority of her people in voting for or against the adoption of her state constitution. Why, then, should this just, peaceful, and constitutional mode of settlement meet with opposition from any quarter? Is Kansas willing to destroy her own hopes of prosperity, merely that she may afford political capital to any party, and perpetuate the agitation of slavery throughout the Union? Is she to become a mere theme for agitators in other states, the theatre on which they shall perform the bloody drama of treason and disunion? Does she want to see the solemn acts of congress, the decision of the people of the Union in the recent election, the legislative, executive, and judicial authorities of the country all overthrown, and revolution and civil war inaugurated throughout her limits? Does she want to be "bleeding Kansas" for the benefit of political agitators, within or out of her limits? or does she prefer the peaceful and quiet arbitrament of this question for herself? W T hat benefit will the great body of the people of Kansas derive from these agitations? They may, for a brief period, give consequence and power to political leaders and agitators, but it is at the expense of the happiness and welfare of the great body of the people of this territory.
Those who oppose slavery in Kansas do not base their opposition upon any philanthropic principles, or any sympathy for the African race; for in their socalled constitution, framed at Topeka, they deem that entire race so inferior and degraded as to exclude them all forever from Kansas, whether they be bond or free—thus depriving them of all rights here, and denying even that they can be citizens of the United States; for, if they are citizens, they could not constitutionally be excluded from Kansas. Yet such a clause, inserted in the Topeka constitution, was submitted by that convention for the vote of the people, and ratified here by an overwhelming majority of the antislavery party. This party, here, therefore, has, in the most positive manner, affirmed the constitutionality of that portion of the recent decision of the supreme court of the United States, declaring that Africans are not citizens of the United States.
This is the more important, inasmuch as this Topeka constitution was ratified with this clause inserted by the entire republican party in congress—thus distinctly affirming the recent decision of the supreme court of the Union, that Africans are not citizens of the United States; for if citizens, they may be elected to all offices, state and national, including the presidency itself; they must be placed upon a basis of perfect equality with the whites, serve with them in the militia, on the bench, the legislature, the jury-box, rote in all ​elections, meet us in social intercourse, and intermarry freely with the whites. This doctrine of the perfect equality of the white with the black, in all respects whatsoever, social and political, clearly follows from the position that Africans are citizens of the United States. Nor is the supreme court of the Union less clearly vindicated by the position now assumed here by the published creed of this party, that the people of Kansas, in forming their state constitution, (and not congress,) must decide this question of slavery for themselves. Having thus sustained the court on both the controverted points decided by that tribunal, it is hoped they will not approve the anarchical and revolutionary proceedings in other states, expunging the supreme court from our system by depriving it of the great power for which it was created, of expounding the constitution. If that be done, we can have in fact no unity of government or fundamental law, but just as many ever-varying constitutions as passion, prejudice, and local interests may from time to time prescribe in the thirty-one states of the Union.
I have endeavored heretofore faintly to foreshadow the wonderful prosperity which would follow at once in Kansas the peaceful and final settlement of this question. But, if it should be in the power of agitators to prevent such a result, nothing but ruin will pervade our territory. Confidence will expire and law and order will be subverted. Anarchy and civil war will be reïnaugurated among us. All property will greatly depreciate in value. Even the best farms will become almost worthless. Our towns and cities will sink into decay. Emigration to our territory will cease. A mournful train of returning settlers, with ruined hopes and blasted fortunes, will leave our borders. All who have purchased property at present prices will be sacrificed, and Kansas will be marked by universal ruin and desolation.
Nor will the mischief be arrested here. It will extend into every other state. Despots will exult over the failure here of the great principles of self-government, and the approaching downfall of our confederacy. The pillars of the union will rock upon their base, and we may close the next presidential conflict amid the scattered fragments of the constitution of our once happy and united people. The banner of the stars and stripes, the emblem of our country's glory, will be rent by contending factions. We shall no longer have a country. The friends of human liberty in other realms will shrink despairing from the conflict. Despotic power will resume its sway throughout the world, and man will have tried in vain the last experiment of self-government. The architects of our country's ruin, the assassins of her peace and prosperity, will share the same common ruin of all our race. They will meet, whilst living, the bitter curses of a ruined people, whilst history will record as their only epitaph: These were the destroyers of the American Union, of the liberties of their country and the world.
But I do not despair of the republic. My hope is in the patriotism and intelligence of the people; in their love of country, of liberty, and of the Union. Especially is my confidence unbounded in the hardy pioneers and settlers of the west It was such settlers of a new state devoted to the ​constitution and the Union, whom I long represented in the senate of the United States, and whose rights and interests it was my pride and pleasure there, as well as in the treasury department, to protect and advocate. It was men like these whose rifles drove back the invader from the plains of Orleans, and planted the stars and stripes upon the victorious fields of Mexico. These are the men whom gold cannot corrupt nor foes intimidate. From their towns and villages, from their farms and cottages, spread over the beautiful prairies of Kansas, they will come forward now in defense of the constitution and tho Union. These are the glorious legacy they received from our fathers, and they will transmit to their children the priceless heritage. Before the peaceful power of their suffrage this dangerous sectional agitation will disappear, and peace and prosperity once more reign throughout our borders. In the hearts of this noble band of patriotic settlers, the love of their country and of the Union is inextinguishable. It leaves them not in death, but follows them into that higher realm, where, with Washington and Franklin, and their noble compatriots, they look down with undying affection upon their country, and offer up prayers that the Union and the constitution may be perpetual. For, recollect, my fellow-citizens, that it is the constitution that makes the Union, and unless that immortal instrument, bearing the name of the Father of his Country, shall be maintained entire in all its wise provisions and sacred guarantees, our free institutions must perish.
My reliance also is unshaken upon the same overruling Providence which has carried us triumphantly through so many perils and conflicts, which has lifted us to a height and power of prosperity unexampled in history, and, if we shall maintain the constitution and the Union, points us to a future more glorious and sublime than mind can conceive or pen describe. The march of our country's destiny, like that of His first chosen people, is marked by the foot-prints of the steps of God. The constitution and the Union are "the cloud by day, and the pillar of fire by night," which will carry us safely, under his guidance, through the wilderness and bitter waters, into the promised and ever-extending fields of our country's glory. It is his hand which beckons us onward in the pathway of peaceful progress and expansion, of power and renown, until our continent, in the distant future, shall be covered by the folds of the American banner, and, instructed by our example, all the nations of the world, through many trials and sacrifices, shall establish the great principles of our constitutional confederacy of free and sovereign states.
R. J. Walker.
The suggestion of Governor Walker to refer the constitution then to be framed back to the people of Kansas for their ratification or rejection, met with most decided condemnation, not only by the pro-slavery party in Kansas, but by the southern press generally. The Charleston Mercury said: "Now we hold that the submitting of the constitution soon to be framed by the people of Kansas in convention assembled, back again to the people individually, for ratification, is a work of supererogation—a matter to be done or not, ​entirely to the discretion of the convention, as a thing of contingent expediency only, and not by any means a thing of necessity. And we cannot but look upon this suggestion of Mr. Stanton, however coupled with declarations of southern feeling, and the determination expressed by Governor Walker, as partaking of the nature of official dictation, and being, in fact, a violation of the promised neutrality—an insidious and high-handed breach of faith towards the south and southern men in Kansas. We, therefore, desire in the outset to stamp this game as it deserves, and to protest against all attempts to influence the action of the convention from without, whether coming from the territorial officers appointed by the president, or the free-soil schemers of New York and Boston. The real object and end is under the guise of fair words to the south to make a free state of Kansas."
The Richmond South said: "Upon the new plan which Governor Walker promulgates for the settlement of the Kansas difficulty, we cannot venture an opinion before we scrutinize it in detail. There is one point, however, upon which we can give an instant and emphatic judgment; and that is, the proposition to submit the constitution of Kansas to a popular vote. The convention can do nothing for which there is not an express authority in the law; and as there is neither an express or implied authority in the law to submit the constitution of Kansas to the vote of the inhabitants of the territory, the step would be an illegal and invalid usurpation of power. The proposition is too plain to allow of controversy. Submit it to any lawyer in the land, from Chief Justice Taney or Reverdy Johnson to the poorest pettifogger in the most obscure country village, and the instant answer will be that the convention in Kansas has no right to submit the constitution to a popular vote. The journals of the north concede the point, and declaim against the law calling the convention 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."
Such is a brief history of the troubles in Kansas down to the summer of 1857. The constitutional convention met at Lecompton in September, was duly organized, and then adjourned to meet again on the 25th of October.
* ↑ Gihon's History of Kansas.
* ↑ Dr. Gihon's History of Kansas.