The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-05

ye suffered relapse and his death has
been daily expected since. Immedi-
ately after the relapse his physician an
nounced that death was only question
aged politician kept him alive until last
night. He was 72 years old.
For thirty-five years the personal his
tory of James F. Iegate was closely in
terwoven with that of the state of Kan
sas. During a greater part of this time
he was a. member of the Kansas leg1S-
lature, and had much to do with shaD-
ing the affairs of the state. He was one
Lane, Governor Robinson, Sam Wood
and others who participated in the bor-
der struggles in Kansas preceding the
civil war.
Although Legate was a Republican
through nearly his entire life, he can
to the state a Democrat, and is said to
have come under instructions from JEFF
ferSon Davis to help make Kansas a
training got the better of his connection
with the pro-slavery cause. and he
drifted into a free state meeting one
night soon after he landed in the state
and was called on for a speech. He be-
came enthused with the free state SEN
timent and made a rabid free state
speech. This broke his connection with
the pro-slavery element and he Was a
violent free state advocate ever after
wards.
Legate was born in Worcester county
Mass, November 23 1929. He came from
an old English family and his ancestors
fought in the Revolution. He was edu-
Gated at Wilbraham academy, Mass
and read law in the office of Benjamin
J.. Butler. Soon after he attained his
majority he went to Mississippi to teach
school. Then he entered the law office
of Elisha Miller. at Holly Springs. The
politicians instinct was already strong
in him and he became a candidate for
the Mississippi Legislature as an anti
jefferson Davis member He was elect
ed but for some reason or other he vo-
ted for jefferson Davis for United
State senator. This formed the begin
ming of his connection with the future
leader of the south.
In 1854, when the struggle in Kansas
was just commencing, Legate went to
Washington, where Davis was secretary
of war, and after comforting with Davis
he came to Kansas, armed with a letter
from the secretary of war to Col. e. v
Sumner, then in command at Fort
Ieavenworth. July 5, 1854, is given as
the date that Legate landed in Kansas
but this is incorrect. That is the date
on which he reached Lawrence, but he
landed at Ieavenworth some weeks pre-
vious. Lawrence was the hotbed of the
free state struggle and that is where
l/egate went to get his bearings. He
concluded he wanted to be agent of the
Delaware Indians, located in johnson
Washington and was promised the job
Then came the free state meeting in
Lawrence in which he made the rabid
free state speech. The free state cause
was the more popular in Lawrence al
that time. As soon as the news of the
speech reached Washington, Jefferson
Davis severed all rela tions with Legate
and from that time forward he was q
free state leader.
That he was active In the free state
cause is shown by the fact that he was
arrested for treason in Lawrence or
June 49, 1856 The cause for his arrest
is not given. Wilder's Annals state that
he was arrested and taken to Lecomp-
ton. AS no other record is made of the
case it was probably brought for po-
ltical effect and afterwards dropped.
In 1857 Legate moved to De Soto
johnson county, and the following De-
cember was a member of the Free
State convention which met at Law.
rence- He was elected to the territorial
legislature in 1859 and was a member