' icr '■- t ^ 30> I 5l / A HISTORY LAWRENCE, KANSAS THE FIRST SETTLEMENT TO THE CLOSE OF THE REBELLION BY RICHARD CORDLEY, D. D. WHO CAME TO KANSAS IN 1S57 ; PASTOR OF PLYMOUTH CONGREGATIOxXAL CHURCH AT LAWRENCE FROM 1857 TO 1875 AND 1SS4 TO PRESENT TIME AN EYE WITNESS OF THE QUANTRILL RAID Published by E. F. Caldwell lawrence, kansas 1895 LAWRENCE JOURNAL PRESS PRESERVATION COPY ADDED Copyright 1895, by E. F. CALDWELL. All rights reser-ved. CUj^ PREFACE . About three years ago, it was suggested that the writer prepare a history of Lawrence covering the period of its early settlement. Without realizing what was involved in such an undertaking, he consented. Since coming to under- stand the difficulties in the way he has often been inclined to withdraw his consent. It soon became evident that no history can ever be written which will be satisfactory to those who took part in those early struggles. It was a time of intense excitement, and those who passed through those scenes retain vivid impressions of them. Any description will seem tame compared with the graphic picture they have in mind. Then it is impossible to do justice to all the actors engaged. The movement that saved Kansas was of the people, rather than of the leaders. There were leaders, but they were leaders chiefly because they went before. They did not create the movement, nor the sentiment out of which it grew. The people moved towards Kansas of their own impulse. They did not go at the beck of any man. They followed certain men because they were going their way. If all the leaders had failed them they would have chosen others and gone on. They were moved by individual conviction and a common impulse. Men and women who have never been heaic. ' -iisplayed a spirit of self sacrifice and heroism as worthy of remembrance as anything history records of the noted names. No history can do honor to all who deserve it. um'SB&r IV PREFACE. It is becoming quite common to under-rate the heroism that saved Kansas for freedom. The cold blooded historian goes mousing among old letters and he finds that these early, heroes were men and women, of like frailties with ourselves. But the glory of heroism is not that angels come down to mingle in the affairs of men, but that common men and women, when the occasion demands, can rise to such sublime heights of heroism and self sacrifice. It becomes the people of Kansas to appreciate her own history and the men who laid the first foundations. It was the heroic age, and in the future it will take its place with Plymouth Rock and Lexington. The writer acknowledges his indebtedness to those who have written before him. It would be impossible to name all the writers who have been of service to him. The following are among the number: A. T. Andreas, History of the State of Kansas; especially his military history and county histories; Charles Robinson, The Kansas Conflict; Leverett W. Spring, Kansas; D. W. Wilder, Kansas Annals; Eli Thayer, The Kansas Crusade; J, H. Gihon, Governor Geary's Administration; United States Biographical Dictionary; J. N. Holloway, History of Kansas; W. A. Phillips, Conquest of Kansas; C. S. Gleed, Kansas Memorial; The publications of Kansas State Historical Society. The writer gladly acknowledges his special obligation to Hon. F. G. Adams of the State Historical Society who has at all times given him free access to the remarkable collection of early newspapers which are on file in the rooms of that insti- tution. Richard Cordley. CONTENTS. PAGE PREFACE iii CHAPTER I. The Kansas-Nebraska Bill. — The North Aroused.— The Emigrant Aid Company. — Eli Thayer, Amos A. Lawrence and Dr. Charles Rob- inson. — The First New England Emigrants Reach Mount Oread, Organize a Town Company and Lay Out the Town. — "What Shall We Call It? " — Pitching Tents and Building Cabins. — Pioneer Boarding House i CHAPTER II. Reinforcements. — -The Disgust of the Kid-gloved Contingent. — First Sabbath Services. — The First Funeral. — Town Site Troubles. — "Shoot to Hit." — First Election for Delegate to Congress. — Judge Wakefield. — The First School. ^ — Three Newspapers.- — Winter in Tents and Cabins 15 CHAPTER III. Spring Election, March 30th, 1855.^ — Excitement in Missouri. — An Army of Voters Invade Lawrence. — Missouri Voters Elect a Kansas Legislature. — Slavery Triumphant and Exultant. — Free-State Men~1 Despondent and Indignant. — What Shall We Do? — Dr. Robinson's Policy. — " Bogus Legislature " Repudiated :^8 w^ CHAPTER IV. The Conflict Begun. — The Dow Murder. — The Branson Rescue. — Sher- iff Jones Appeals to the Governor. — The Governor Calls Out the Militia. — Missouri Responds to the Call. — The W^ikarusa War. — The Army at Franklin. — Preparations for Defense 45 '/ CHAPTER V. Governor Shannon Alarmed. — Telegraphs the President for Regular Troops. — They Do Not Come. — The Governor Visits Lawrence. — Confers with the Free-State Men. — A Treaty of Peace.— The / Militia Go Home. — A Love Feast at Lawrence. — The Murder of Barber. — Old John Brown. . (32 \^ CONTENTS. CHAPTER VI. A Hard Winter.— Conflict Takes a New Form in the Spring. — The Courts Come to the Rescue. — Judge Lecompte's Charge. — The Grand Jury's Indictment. — High Treason. — The Sacking of Law- rence. — Burning of the Free-State Hotel and Printing Offices 80"^'' CHAPTER VII. The Summer of 1856. — Outrages Everywhere. — Lawrence Invested by Pro-Slavery "Forts". — The Capture of Franklin, Fort Saunders and Fort Titus. — Titus a Prisoner. — Governor Shannon Makes Another Treaty. — Governor Shannon Resigns, — Daniel Woodson Acting Governor 104 ^ CHAPTER VIII. Retaliation.— Martial Law. — Militia Called Out. — Missouri Responds. — Tweny-eight Hundred March on Lawrence. — Governor John W. Geary Arrives. — Appears in Lawrence with Troops. — The Militia Sent Home. — " The Benign Influences of Peace." 123 / CHAPTER IX. The Bogus Legislature Again. — Governor Gaary Comes into Collision I with It. — He is Bitterly Assailed by Pro-Slavery Leaders. ^ — Resigns ^' in March. — Walker and Stanton. — Peace and Progress and Pros- perity. — Lawrence and her Voluntary City Government. — Martial Law Once More 138 CHAPTER X. Lecompton Constitutional Convention. — The Census and Apportion- ment. — Free-State Men Ignore It.- — Election of Territorial Legisla- ture.— Shall We Vote?— ]Free-State Men Carry the Election.— Ox- ford and the Cincinnati Directory. — Walker Throws Out the Fraudulent Returns. — Is Removed from Office 146 l/ CHAPTER XI. The Territorial Legislature Adjourns to Lawrence. — The Bogus Laws Sent Home. — The Lavrrence Charter. — A City Government at Last. — Samuel Medary Governor 154 c •^ CONTENTS. CHAPTER XII. Lawrence in 1858. — The Ebb of the Tide. — Spring Immigration whic^ Failed to Come. — The Underground Railroad. — Progress in Build- ing; In Churches. — Temperance in Lawrence. — The Drouth of i860. — The Last Territorial Legislature.— Kansas Admitted into the \ Union. — A Free State 161 CHAPTER XIII. The Beginning of the Civil War. — Exposed Condition of Kansas.— Her Interest in the Conflict. — The First Enlistments.— The Battle of Wilson's Creek. — The Contrabands. — Lawrence in Close Touch with the Soldiers 175 CHAPTER XIV. The Lawrence Raid. — Its Antecedents and Causes.— William C. Quan- trill, Its Unique Character. — Other Raids. — Its Unparalleled Brutality 187 CHAPTER XV. The Lawrence Raid. — The Approach.- — The Charge and the Surprise. — The Surrender of the Hotel. — The Burning and the Killing Begin. — Four Hours of Slaughter. — Marvelous Escapes. — The Heroism of the Women 198 CHAPTER XVI. The Lawrence Raid.— The Departure and Pursuit. — The Scene Left Behind. — The Burial of the Dead. — The Ruin and the Loss. — Sympathy and Help. — Rebuilding the Town 233 CHAPTER XVII. Another Summer. — Lawrence Restored. — Improvements. — The New Bridge. — Enalrgement. — New Alarm. — Price is Coming. — Prep- arations for Defense. — Martial Law. — Militia Ordered Out. — The Battles on the Blue. — A Night of Anxiety.— " Joy Cometh in the Morning." — The War is Over. — Peace at Last 253 ;] CHAPTER I. The Kansas-Nebraska Bill. — The North Aroused. — The Emigrant Aid Company. — Eli Thayer, Amos A. Law- rence AND Dr. Charles Robinson. — The First New England Emigrants Reach Mount Oread, Organize a Town Company and Lay Out the Town. — "What Shall We Call It ? " — Pitching Tents and Building Cabins. — Pioneer Boarding House. When the Kansas-Nebraska bill passed, May 25, 1854, there was a feeling of despondency all over the north. The dis- cussion of the bill had been long and exciting, and the whole country had joined in it. It was discussed in every news- paper, in every gathering of citizens, in every school lyceum. It was everywhere felt that its passage opened Kansas to slavery, and that was thought to be equivalent to making Kansas a slave state. Kansas lay beyond Missouri, and Missouri w'as a slave state. The border counties of Missouri had a large slave population, and an intense pro-slavery sentiment. The south pressed the passage of the bill for the sole purpose of securing Kansas to slavery, and when the bill had passed she felt assured that her end was gained. In the natural order of things this conclusion would have been justified by the sequel. In the natural order of things the people of Missouri would have passed over into Kansas and shaped her institutions to suit themselves. Therefore the south was jubilant and the north despondent when the bill passed. But after the first shock was over, people began to ask ''What can be done now?" The question so long discussed had taken too strong a hold on the public mind to be dropped. Congress had thrown the territory open to slavery. Was there any other way of keeping it out ? Mr. Eli Thayer, of 1 2 A HISTORY OF LAWRENCE Worcester, Massachusetts, proposed to meet the question on the terms of the bill itself. The bill provided that the people of the territory should themselves determine whether it should be slave or free. ''Let us settle Kansas with people who will make it free by their own voice and vote." William H. Seward had foreshadowed this policy in a speech in the United States Senate. ''Come on, then, gentlemen of the slav^ states. Since there is no escaping your challenge, we accept it in the name of freedom. We will engage in com- petition for the virgin soil of Kansas, and God give the victory to the side which is stronger in numbers, as it is in right." The contest, therefore, was transferred to the plains of Kansas. The north had been defeated in congress; she would try again in Kansas. In accordance with this purpose, "The Emigrant Aid Company" was formed in Massachusetts. Its purpose was to encourage and aid emigration to Kansas. Many leading men joined in the movement. Amos A. Law- rence, of Boston, a man of wealth and honor and large influ- ence, was prominent among those who gave the movement not only their sanction, but their active cooperation. These men never faltered in the long struggle, but were always ready with voice and purse to help the cause along. The interest was not confined to New England, but was general and widespread. The rising tide of anti-slavery sentiment was rapidly centering upon one practical point: "Slavery must not secure another foot of the public domain." Men anxious to check slavery felt that here was the oppor- tunity to do something effective. They could not vote in congress, but they could go to Kansas, and vote, and that would accomplish the same thing. Even before the bill passed this thought began to mature, and people here and there were preparing for what they saw was coming. Early in May, 1854, the Barber brothers, Thomas W. and Oliver P., with Samuel Walker and Thomas M. Pearson, TO THE CLOSE OF THE REBELLION. 3 made a tour in the territory with a view to settlement. They had all been ''boys together" in Franklin county, Pennsyl- vania, but the Barbers now lived in Indiana. They came to Westport, Missouri, by public conveyance. Here they hired a half-breed Indian to take them over the territory with his team. They spent a night at ''Blue Jacket Crossing" on the Wakarusa, and passed over what was to be the site of Lawrence, passing up the spur of the hill south of where the university now stands. They went up as far as Topeka where there was an old-fashioned rope ferry; they then went across the prairies to Fort Leavenworth and then back to their home. The Kansas-Nebraska bill passed while they were in the territory. All four afterwards removed to Kansas, and vv^ere largely instrumental in inducing others to come. The most systematic and extensive movement, however, Avas made in New England. "The New England Emigrant Aid Company," which had been chartered by the legislature of Massachusetts in April, was then called "The Massachusetts Emigrant Aid Society." But afterwards a new charter was obtained for "The New England Emigrant Aid Company." The men engaged in it, Eli Thayer, Amos A. Lawrence, and others, began their work at once, arousing public interest and making arrangements. to facilitate emigration to Kansas. As early as June, 1854, they sent Dr. Charles Robinson, of Fitchburg, and Mr. Charles H. Branscomb, of Holyoke, to explore the territory and select a site for a colony. Dr. Robinson was just the man for such a mission. Besides being in full sympathy with the ideas of Mr. Thayer, he knew the methods of the frontier. In 1849 he went to California with the gold seekers, and was a prominent actor in the stirring scenes which characterized the early history of that state. In those turbulent times he had been severely wounded, and had been put under arrest and kept in prison for several months. But he and his associates finally won the day, and California 4 A HISTORY OF LAWRP:NCE was saved from the rule of the thieves. He was just the man needed in the new emergency. He was cool of counsel and brave of heart, and knew the conditions he had to meet. In going to California he had passed over Kansas. He went by what was afterwards known as the "California Road." This road began at Westport, crossed the Wakarusa beyond Franklin, and wound up the spur of the hill just southeast of the state university. It then passed along the high prairie which divides the valley of the Kansas river from that of the Wakarusa. Dr. Robinson and his party climbed the hill along this spur, and looked off over what was after- wards the site of Lawrence. They marked the beauty of the spot and the magnificence of the view. Whether they thought then of what might afterwards occur is not known; but when the time came to select a location for the first colony. Dr. Robinson remembered this view from the hilltop, and this doubtless had much to do in the final decision. When he was asked, therefore, to go and explore the country with a view to locating colonies, it was not altogether an unknown land to him. Neither was pioneering altogether a new experience to him. He knew something of the men and methods of pioneer life. On arriving in Kansas, Mr. Brans- comb and some others passed again over the Lawrence town site, while Dr. Robinson went up the Missouri river to Leav- enworth and other points. While these two gentlemen were exploring the territory, their friends were getting ready to send out the first party of emigrants. There were only twenty-nine in this first party, but they went out to prepare the way for others, and to show that the thing could be done. They were accompanied as far as Buffalo by Eli Thayer himself, the founder of "The New England Emigrant Aid Company." We quote a few paragraphs from his "Kansas Crusade:" "The pioneer colony left Boston July 17, 1854. Immense TO THE CLOSE OF THE REBELLION. 5 crowds had gathered at the station to give them a parting God-speed. They moved out of the station amid the cheering of the crowds who lined the track for several blocks. ''The emigrants remained in Worcester the first night, and received a suitable ovation. Several of the leading citizens called upon them, and applauded their patriotic devotion, and pledging remembrance in any emergency. "The next day we were met in the evening at Albany by a good number of citizens who welcomed us with great cordi- ality. The next day we were cheered at all the principal stations as we passed on our westward journey. The presi- dent of the Monroe County Bible Society made an address, and presented the colony with a large and elegant Bible." They crossed Lake Erie in the steamer ''Plymouth Rock," and went by way of Chicago to St. Louis. Here they were met by Dr. Robinson, who gave them the benefit of his exper- ience. He procured transportation for them on board the steamer "Polar Star," and they left St. Louis July 24th and arrived at Kansas City the Friday evening following, July 27th. The journey from here is well described in a letter by Mr. B. R. Knapp, published in the Boston Neivs, and dated August 9, 1854: "We prepared ourselves at once for starting. An ox team was purchased to transport the baggage and at ten o'clock Saturday evening we started on foot for our destination across the prairie. We traveled as much as possible during the night as the weather was very hot during the middle of the day. We saw occasionally a log house as we passed along, inhabited by farmers, of whom we obtained milk, etc. On the evening of Sunday we encamped on the lands of the Shawnee Indians. On Monday morning we started early, and in the evening arrived at the Wakarusa river, within ten miles of our destination. Here w^e camped, and the next day reached our new home. Here we established our camp, and b A HISTORY OF LAWRENCE pitched our twenty-five tents, which made a fine appearance though somewhat soiled. On Wednesday the second day of August, we went to work setting up our claim to the lands, and preparing for permanent settlement." The following are the names of this first party: E. Davenport, A. Holman, Ben. Merriam, J. F. Morgan, A. H. Mallory, J. W. Russell, E. Conant, F. Fuller, G. W. Hewes, Dr. S. C. Harrington, A. Philbrick, J. D. Stevens, E. White, W. H. Hewes, John Mailey, Sam'l F. Tappan, D. R. Anthony, H. Cameron, G. W. Hutchinson, George Thatcher, J. M. Jones, Dr. John Doy, A. Fowler, G. W. Goss, August Hillpath, O. Harlow, Arthur Gunter, J. C. Archibald, B. R. Knapp. This party arrived August ist. They ate their first meal on the hill where the old University building now stands. Of course they held a "meeting" and "organized." Some- one has said that "wherever two or three Yankees are met together there they hold a meeting and organize." The meeting chose Ferdinand Fuller as chairman. They were in good position to " View the landscape o'er," which they proceeded to do. They also had some speeches, and discussed the merits of the location and the best methods of procedure. The situation seemed to please them, and they voted to "stay here." They named the hill on which they met "Mount Oread," a name which it bears "unto this day." They remained on the hill a day or two, and then moved down, and camped near the Kansas river a little west of where the bridge now crosses that stream. The members of the party spent several days " claim hunting," and selected claims all around the proposed town site. After this was done, about half the party returned east, with the intention of bringing their families in the spring. The second party of emigrants left Boston the last of August. It was a much larger party than the first, having TO THE CLOSE OF THE REBELLION. 7 sixty-seven members when leaving Boston. They received accessions on the way, swelling their numbers to one hundred and fourteen. There were eight or ten ladies in the company, and several children. There were several musicians, among them Joseph and Forest Savage from Hartford, Vermont. These musicians had their instruments with them, and en- livened the journey with music whenever opportunity offered. Before starting they assembled in the Boston and Worcester station in Boston, and sang and played Whittier's ''Hymn of the Kansas Emigrant," which became a sort of national hymn to the colonists. These musicians became afterwards the nucleus of the "Lawrence Band" and were its main reliance for many years. They did noble service in stimulating an interest in music in the early times. The following is Whittier's "Song of the Kansas Emigrant:" " We cross the prairie as of old The f atliers crossed the sea, To make the West, as they the East, The homestead of the free. " We go to rear a wall of men On Freedom's southern line, And plant beside the cotton tree The rugged northern pine. '• We're flowing from our native hills As our free rivers flow. The blessing of our mother land Is on us as we go. " We go to plant the common school On distant prairie swells, And give the Sabbaths of the wilds The music of her bells. •' Upbearing, like the ark of God, The Bible in our van, We go to test the truth of God Against the fraud of man." The second party arrived at Lawrence or " Wakarusa," as it was then called, September gth. They had been led by Charles Robinson, who was afterwards the first governor of A HISTORY OF LAWRENCE the Stale, and by Samuel C. Pomeroy, who was one of the first two United States senators. It contained a number of men who were afterwards prominent in Kansas affairs, and who will be remembered with interest by all old settlers. The following is a partial list of the members of the party: James F. Ayers, Joseph W. Ackley, S. F. Atwood, Lewis H. Bacon, Edwin Bond, F. A. Bailey, Owen T. Bassett, Susan Bassett, H. N. Bent, William Bruce, Mrs. Bruce, Mrs. Bond, F. L. Crane, Joseph H. Cracklin, Willard Colburn, Mrs. Colburn, Jared Carter, Ed. Dennett, J. S. Emery, George F. Earle, Milan Grant, Mrs. Grant, Levi Gates, Mrs. Gates, George Gilbert, Joel Grover, Azro Hazen, H. A. Hancock, O. A. Hanscom, W. A. Hood, Franklin Haskell, Lewis Howell, W. H. Hove}^ R. J. Hooten, S. N. Hartwell, C. Hobart, Alfonso Jones, H. A. Fick, Mrs. Jones, Wilder Knight, Mrs. Knight, Ed. Knight, G. W. Knight, Miss Knight, D. B. Trask, W. Kitcherman, E. D. Ladd, J. A. Ladd, Luke P. Lincoln, Lewis L. Litchfield, Lewis T. Litchfield, Mrs. Litchfield, Otis H. Lamb, Samuel Merrill, J. S. Mott, John Mack, J. N. Mace, Mrs. Mace, J. H. Muzzy, Caleb S. Pratt, S. J. Pratt, Samuel C. Pomeroy, A. J. Payne, Charles Rob- inson, Thomas F. Reynolds, E. E. Ropes, Charles W. Smith, Joseph Savage, Forest Savage, Jacob Strout, Mrs. Strout, Matthew H. Spittle, A. D. Searl, F. A. Tolles, J. B. Taft, Owen Taylor, Mrs. Taylor^ John Waite, S. J. Willis, Mrs. Willis, Sol. Willis, E. W. Winslow, Silas Wayne, Mrs. Wayne, Ira W. Younglove, J. Sawyer, Mrs. Carter. Rev. S. Y. Lum, Mrs. Lum, and Miss Anna Tappan, arrived about the same time by a different route, and were reckoned with the second party. Mr. Lum preached the first sermon preached in Lawrence, a few days after his arrival. When the second party- arrived they met the members of the first party and soon agreed upon terms of union with them in laying out the town'. The members of the party were MAP OF THE CITY OF LAWRENCE, TO THE CLOSE OF THE REBELLION. Q soon scattered here and there seeking claims for themselves. September i8th a meeting of the settlers was held to effect a town organization. The necessity for this arose from the fact that there were no laws regulating such matters. The only thing they could do was to set up a sort of voluntary municipal government. This meeting adopted a constitution and agreed upon rules for the choice of claims. The next day officers were chosen, and a full city government set up. Dr. Charles Robinson was chosen president; Ferdinand Fuller, vice-president; Caleb S. Pratt, secretary; Levi Gates, treasurer; E. D. Ladd, register of deeds; A. D. Searl, sur- veyor; Joel Grover, marshal. The councilmen were Messrs. J. S. Emery, J. F. Morgan, Franklin Haskell. S. C. Harring- ton, A. H. Mallory, Samuel F. Tappan, S. P. Lincoln, S. J. Willis, N. T. Johnson, Joseph H. Cracklin. At an early meeting of the council the principles of the Maine law were proposed, and adopted almost unanimously. Thus Lawrence commenced its being as a prohibition town. September 20th another public meeting was held by mem- bers of the first and second parties. Terms of agreement were arranged and unanimously adopted, by which they were to lay out the town together. It was agreed that the choice of shares should be sold to members of the town association. Time was allowed for payment, and the proceeds were to constitute a fund for public improvements. The choices were sold at prices varying from fifty cents to over three hundred dollars. The fifty-six claims sold aggregated the sum of $5,040. At the end of the year the association gave up the notes, and the obligation was cancelled and the money never called for. In the distribution of shares, lots were reserved for a college, for schools, for state buildings, and for other public purposes. At midnight of this same day, September 20th, the sur- veyor, A. D. Searl, with Charles W. Smith and three others, lO A HISTORY OF LAWRENCE went out upon the high ground on Massachusetts street, near the river, and took the observations necessary to establish the meridian line. September 25th the surveyor commenced the survey of the town, and marked off the lots and streets and reservations essentially as they stand today. The name of the town had not been determined upon. It had been called Wakarusa, Yankee-town, and New Boston. After a full discussion it was decided to give it the name of Lawrence, after Amos A. Lawrence, of Boston. Mr. Law- rence was one of the first men of means to endorse the movement for the settlement of Kansas in the interest of freedom. He was a man of large wealth and belonged to one of the most distinguished New England families. He was also a man of wide personal influence. He was treasurer of '' The New England Emigrant Aid Company," and a very liberal contributor to its funds. A little later he gave some twelve thousand dollars to help found a college at Lawrence, which ultimately became a part of the endowment of the state university. His interest in Kansas, and especially in Lawrence, never faltered. His father and uncle were Abbott and Amos Lawrence who* were long distinguished in business and political circles in eastern Massachusetts. Abbott Lawrence had been a member of congress several times, and was minister to England for a number of years. Amos A. Lawrence inherited the wealth, and reputa- tion, and business capacity of the family. He also inherited their public spirit and large liberality. The naming of the first free state town in Kansas after him was a very fitting recognition. The following letter from Mr. Lawrence, written for the Old Settlers meeting but not received in time for that meet- ing, shows something of the spirit of the man and of the condition of the times. It has never before been made public. It was sent in response to an invitation from the TO THE CLOSE OF THE REBELLION. II secretary, Mr. Charles W. Smith, to be present at the meet- ing: "(Near) Boston, August i6th, 1877. ' ' To the Old Settlers' Association : " Dear Friends: — Your kind and pressing invitation, signed with your own hands, to be present at your yearly meeting, came close on that of the chancellor of the university to be present at the dedication of the new building. The same causes which keep me here, and made me decline the former, force me reluctantly to decline yours. If there are any faces on earth I wish to see they are yours. ' ' You are good enough to say that ' free Kansas is indebted to no man more than yourself in her days of darkness and trial, and many, very many, of our people desire to see your face, and welcome you to our state.' For the last I thank you with all my heart. But as to the first, permit me for once to differ from you, and direct your notice to others who rendered much greater service. " Eli Thayer preached the ' Kansas Crusade.' He originated and organ- ized the ' Emigrant Aid Society ' in opposition to the plans of southern statesmen and politicians. Early in 1854, several months before the passage of the Kansas-Nebraska bill, he wrote the charter of that company, and secured its passage through the Massachusetts Legislature, of which he was a member. He it was more than any other who turned the tide of northern emigration that year, and made Kansas a free state. He traversed the northern states, and aroused the people, depicting the glories of that country, and urging the emigrants not to turn away from it, but to go on and possess it. He never faltered in his faith, and he inspired confidence everywhere. " There was Charles Robinson, whom you chose your leader and gov- ernor. He was to you in that day what Moses was to the Israelites. When the action of the government was adverse to your interests; when Reeder and Geary were removed; when Atchison, the acting vice-president, left his seat in the senate to lead the border ruffians, and to drive you out with fire and sword, it was Robinson mote than any other man who held the people firm in their allegiance to the United States. He had to fight not only the enemy but his friends. He was the representative of law and order, and so under Providence the public sentiment of the country was kept in your favor. "You know who helped the cause there. Besides those who are now members of the association, there were many devoted men and women, who will never be known abroad; some of whom laid down their lives; and 12 A HISTORY OF LAWRENCE all of whom endured hardships and privations. Let us thank God for the good results and take courage. He governs the nations and individuals. " And now good friends, for the present farewell. We may hope to meet on some other occasion. At any rate the time is not far distant when we may hope for a reunion which shall be forevermore. With great respect and affection, I am and shall ever remain, "Yours, " Addressed to "Amos A. Lawrence. "C. W. Smith, Lawrence, Kansas, " Sec7'etary of the Association of Old Settlers.'" Rev. Charles B. Boyington, of Cincinnati, in a book written about this time, describes Lawrence as she then appeared: '' A few tents were pitched on high ground overlooking the Kansas and Wakarusa valleys; others w^ere scattered over the level bottom lands below, but not a dwelling besides could be seen. It was a city of tents alone. We had a comfortable night's rest in Dr. Robinson's tent, and in the morning were introduced to the only boarding house on the hill. Two very intelligent ladies from Massachusetts had united their forces and interests and taken boarders. In the open air, on some logs of wood, two rough boards were laid across for a table, and on wash-tubs, kegs and blocks, they and their boarders were seated around it. This was the first boarding house in the city of Lawrence. All were cheerful, hopeful and full of energy, and the scene reminded me of Plymouth Rock." These energetic people now began to build the town, living in tents meanwhile. They built under disadvantages. One of these disadvantages was the lack of lumber. A saw- mill had been promised, but had not arrived. Another mill was purchased later in the season, but was not put in opera- tion for several months. In the meantime winter was coming on, when tents would not be as comfortable as in the hot days of summer. The people adopted many devices to shelter themselves. The first house built was a log cabin, about fourteen feet square. It stood not far from the river being TO THE CLOSE OF THE REBELLION. 13 nearly where Pierson's mill now stands. It was still in existence until a few years ago. It was not a very good specimen of even a log cabin. The logs were small and the openings between them were large. There had not been the careful matching which usually characterizes log cabins in the woods. But log cabins even of this inferior kind could hardly be numerous in a prairie country. Other methods were better suited to the situation. The sod house, which has since played such an important part in the settlement of the treeless plains, was not yet fully evolved. Sods were sometimes used for walls, but not for the entire structure, as has been the case in later years. A style of building became quite common, which seems to have been almost peculiar to Lawrence and to that time. It was called ''the hay tent. " It was built by setting up two rows of poles, then bringing the poles together at the top and thatching the sides with prairie hay. The house was all roof and gable. The win- dows and doors were at the ends. The gables were built up with sod walls. The ''Pioneer Boarding House " was of this sort. It was fifty feet long and twenty feet wide. Here the first sermon was preached by Rev. S. Y. Lum. Some trunks were used for a pulpit, and the beds and boxes of the board- ers served as seats. Here Plymouth Church was organized, October 15th, 1854. This building answered all public pur- poses, as well as furnishing room and board for the people. This building was burned during the autumn and the "St. Nicholas" was built in the same way, and thrown open to the public. In addition to its walls of poles and hay, this house was banked up with sod to the height of three or four feet, and was lined inside with cotton cloth. It was the leading hotel. All the aristocracy of the place boarded there. The only frame house built the first season was that of Rev. S. Y. Lum. TJiere being no saw-mill, no boards could be obtained. As a substitute for clapboards they resorted to "shakes." A 14 A HISTORY OF LAWRENCE "shake" is made by sawing off blocks of timber about thirty- two inches long, and splitting them somewhat after the manner of making shingles. These ''shakes" were nailed on the studding like clapboards. If nicely split and well put on they made a very fair wall. The wind, however, found its way through them in the winter time in a manner that pro- vided abundant ventilation. With these different styles of architecture, and with the tents that remained, the people passed the first winter quite comfortably. It was a very mild winter, and they thought they had found the American Italy. CHAPTER 11. Reinforcements. — The Disgust of the Kid-gloved Contin- gent. — First Sabbath Services. — The First Funeral. Town Site Troubles. — "Shoot to Hit." — First Elec- tion FOR Delegate to Congress. — Judge Wakefield. — The First School. — Three Newspapers. — Winter in Tents and Cabins. Three or four other parties came from the east during the first season, about seven hundred and fifty persons in all. These were by no means all who came. Immigrants came singly or in groups from different parts of the country. A number of prominent free-state men were on the ground when the first party from Boston arrived. On the other hand, several of those who came in these parties, became disgusted when they saw^ the true situation. This was especially true of the third party who arrived early in October. The movement by this time had attracted wide attention, and the colonists had sent back glowing accounts of the country. These accounts were interpreted by a vivid imagination, and a number of soft-slippered people such as they would call " tenderfeet " in Colorado, enlisted, who exp'ected to find an earthly paradise. When they came and found only a few tents and a few thatched hovels, their disgust knew no bounds. They were looking for hotels with all the modern conveniences, and expecting to find good positions w^aiting for them in large business establishments. After exhausting their vocabulary in denouncing the leaders w^ho had " deceived them " and induced them to come to such a barbarous place, and the people of Lawrence for not providing for them in a more appropriate way, they turned on their heels and ''went back to their folks." But most of those who came were of differ- ent stuff, and were prepared to '' endure hardships as good 1 6 A HISTORY OF LAWRENCE soldiers." Even these had all the hardships they cared for before they were through. But they did not falter as diffi- culties increased, but "Their courage rose with danger." Andreas in his history quotes from a letter in the Boston Recorder describing the first funeral in Lawrence. The letter is dated October 5th, 1854. '' Last Sabbath was my hrst prairie Sabbath; it was the first Sabbath our parties had assembled for the 'hearing of the word. ' Rev. Mr. Lum, sent us by the American Home Missionary Society, preached very acceptably. The place of meeting was one of the large receiving and boarding houses. We have two nearly adjoining each other, each of them about 20 by 48 feet, covered and thatched with prairie grass, very warm and very good. We had a large and attentive audience. Rev. Mr. Boynton, of Cincinnati, sent us two boxes of books and pamphlets, which I distributed at the interval to a very eager crowd. All our people as well as others, miss their home papers and books, and are very anxious to get anything to read. "Though the Sabbath was delightful as my first prairie Sabbath, still there was one cloud that settled dark upon us; we had to open our first prairie grave. The call was for one of our own party, a near neighbor of mine, Moses Pomeroy, a fine young man, an only son, leaving parents and two sisters to mourn his loss. I have just finished long and very minute letters to each of them. Mr. Pomeroy left the party in Illinois. He joined Dr. R. and myself upon the following Tuesday at St. Louis, and came up the river with us. He said to me that all of his Illinois friends were sick of a fever, and after he was taken sick, he sent for me to come and see him, for he had got an Illinois fever. I went to see him on Thursday evening, September 28th, and found Dr. R. and Dr. H. in attendance. I saw he was very sick, and at his W U. t— 2^ s? ^ 2 1 1 ? » MASSA house as Free d of Fr rant A E 1 ^ f^ o-o USETTS AND ilt in Lawre Brooks' sto ate office. lorn office. . office. ^ o < • f^ w ?. s si rt z & h^ w H «< o ap ^t» ^ !» NORTH FROJ t postofflce tore; C. W. . Simpson's Iso used fo rst Sabbath ties and pra t's resldenc .1 WINTHROP STREET (IN F and Paul R. Brook's Babcock, postmaster, land and lumber office; r Emigrant Aid office. School, two secret soci- ,yer meetings, e. > ^ ^ w n w p^ > X 'z', GJ3 i^p X » C/) :groi Firs fit J.G Cha Firs Emi > M JND) TO I t hotel. (Id & Bu . Sands' s. Steari t churcl grant A CO C^- ^;, 2 J j: ^ s^^^-s:^ ^ff _ ±- tJ ^ K j: (X i-j- « 21 ?•- t-^ ^ S n ^^^ y - B T 55 "^ p»!^ s: 5t 4^ ^ ^ lER ON Nl T. Samps S. N. Sim St. Nicho Miller & S. and F. Ferry; B o.S=: ^ S B ^ HAMPi s mea •n's re Hous iott's mball win B ^ «r« CD cr, ^ - IE ST irke nee. Fry ting side , pro 111 'i :^ ts TO THE CLOSE OF THE REBELLION. 1 7 request sat by him all night and ministered to his wants. Friday morning I was very busy at our settlement. At even- ing he sent for me again. In company with Mr. Searl of our place, I stayed also Friday night. In the morning we were all fearful he would die. I was absent during the day. At evening Dr. R. and myself went again to see him. We both sat with him till three o'clock Saturday morning, when he quietly breathed his last. He had his reason and was very thankful for all our kindness to him. He had fallen among the kindest of friends, but they could not save him. '' Sabbath evening at four o'clock his funeral was attended in our New England way, services very solemn and impressive at our grass church. All our large family followed in solemn procession to the grave, and just as the sun was setting in a golden west, and all nature sinking to repose, we gently laid him down to the long sleep of the tomb." As has been intimated the first Congregational Church was organized October 15th — the first church of any kind in Kansas except among the Indians. The church was formed in the "Pioneer Boarding House." Rev. Mr. Lum explained the object of the meeting, and a committee was appointed to draft rules. The creed and constitution were adapted from those of Mount Vernon Church, Boston. S. C. Pomeroy wrote them off, using the crown of his beaver hat for a desk; Mr. Joseph Savage held the inkstand for him, and Mr. O. A. Hanscom held the candle. They voted to name it Plymouth Church on account of the close parallel between the Kansas settlers and the pilgrims at Plymouth. The only serious troubles the colonists met the first season were from claim difficulties. It is not easy at this distance to determine how much of this trouble arose from political reasons, and how much from misunderstanding and perhaps greed. ■ The political situation aggravated all other difficulties, and was doubtless responsible for a great many difficulties of 1 8 .A HISTORY OF LAWRENCE its own. When the Kansas bill passed the people of the South expected to take possession of the territory. They urged those on the border to "move right over," and take their slaves with them. They said ''two thousand slaves settled in Kansas w^ould make it a slave state." But the southern people did not have the ''courage of their convic- tions." They did not dare take their slaves over. There never were but a handful of slaves in Kansas, and these were on the border where they could be easily withdrawn. But southern people determined to take possession of Kansas, and as soon as the bill was passed the men in the border counties of Missouri began to rush over, and stake off claims. In a few weeks the whole region was claimed under the pre-emp- tion laws by persons residing in Missouri. They paid no attention to the terms of the law, but each man marked off the land he wanted, drove a stake down and wrote his name upon it, and went back home. This gave them no title and no claim because it did not comply with the law. But they agreed among themselves to shoot any man who interfered with them. When the real settlers came two months later they found many embarrassments. They might travel fifty miles and not see a human habitation or a human face, but if they attempted to claim a piece of unoccupied land, they found it already claimed b}^ somebody in Missouri. This man had not complied with the law, and had secured no title, but then he had a revolver and a bowie knife, and in the unwritten code of the border these stood for law and right, and pretty much everything else. Many of these prior claims had been made before the country was open to settlement, or before the Indian title was extinguished, but these were "trifles light as air" in the minds of the men who were a "law unto themselves." They w^ere all banded together, and pledged to stand by each other. Law or no law, they were determined to " keep the abolitionists out of Kansas." An end like this justified any means, as they viewed things. TO THE CLOSE OF THE REBELLION. 19 The Lawrence dispute was somewhat peculiar. Gov. Robinson in his ''Conflict" gives a full and clear account of it from which this account is condensed. When the town site of Lawrence was first selected it was occupied by a Mr. Stearns who had improved a quarter section and was living upon it. The Emigrant Aid Company bought his claim for $500, and the ground was supposed to be clear. After taking possession, however, other claimants appeared and insisted that the town company should vacate for them. Among these other claimants was John Baldwin, a noisy, blustering fellow, who had others back of him who were wiser than he, and who were putting him forward. He established himself a few rods from the Stearns cabin which the town company had bought. The agent of the company, Dr. Robinson, pro- posed to let the matter rest till the question could be referred to the land office, or to the courts, where the rights of each could be legally determined. But this was not satisfactory to John Baldwin and his set. Their purpose was to drive off the free-state men, and prevent the founding of a free-state town. They had no case in law, and could only hope to succeed by bluster and force. The first conflict is described in Andreas' history as quoted in Robinson's ''Conflict": "In the meantime Baldwin had associated with him Messrs. Babcock, Stone and Freeman, men of means and influence, and put the business in the hands of a speculator named Starr, who proceeded to lay out a rival city, which he named Excelsior, on the claim; Mr. Baldwin and the Lawrence association both occup3/ing tents upon it. * ^'= "■' On the 5th of October a wagon containing several armed men appeared in the vicinity of the New England tent. Hostilities were commenced by a woman (a sister of Baldwin, it was stated) who speedily packed the obnoxious tent with its contents into the wagon, the men with their rifles standing guard. As soon as they were discovered by the Yankees, who were at 20 A HISTORY OF LAWRENCE work in the neighborhood, the city marshal, Joel Grover, rushed to the rescue unarmed, followed by Edwin Bond with a revolver. The latter seized the horse by the bridle, order- ing the surrender of the property. Others coming up, they allowed the tent to be replaced, but threatened that they would have two hundred Missourians on the spot in a short time. That night the Lawrence settlers organized what they called the ''Regulating Band," to be ready for the next day's fray. Soon after dinner on the 6th the Missourians * * * began to assemble in the neighborhood of Baldwin's tent, but open hostilities did not commence until four o'clock, when the gage of battle was hurled at the Yankees in the shape of the following note: " Kansas Territory, October 6th. "Dk. Robinson: — Yourself and friends are hereby notified that you will have one-half hour to move the tent which you have on my undisputed claim, and from this date desist from surveying on said claim. If the tent is not moved in one-half hour, we shall take the trouble to move the same. " (Signed) John Baldwin and Friends. "The following reply was instantly returned: "Tojohti Baldzuin and Friends: " If you molest our property you do it at your peril. "C. Robinson and Friends." E. D. Ladd, .the first postmaster of Lawrence, tells the remainder of the story in a letter dated October 23, 1854, ^^^ published in the Milwaukee Sentinel: "Prior to the notice they had assembled to the number of eighteen, mounted and armed, at Baldwin's, the aggrieved man's tent, on the claim and about twenty rods from our camp. On notice being served, our men, those who were at work about and in the vicinity, to the number of about thirty, stationed themselves about ten rods from the contested tent, the enemy being about the same distance from it. Subsequent to the notice a consultation was held at our position between TO THE CLOSE OF THE REBELLION. 21 Dr. Robinson and a delegate from the enemy's post, which ended in the proposition of Dr. Robinson * * * |-q submit the question in dispute to the arbitration of disinterested and unbiased men, to the adjudication of the squatter courts now existing here, or to the United States court; and on the part of the enemy that on the termination of the notice they should proceed at all hazards to remove the tent. If they fell in the attempt our fate was sealed, our extermination certain, for three thousand, and if necessary thirty thousand, men would immediately be raised in Missouri to sweep us and our enter- prise from the face of the earth. It was all expressed of course in southwestern phrase, which I will not attempt to give. * * * Well, the half hour passed, and another quarter, the enemy occasionally making a movement as if about to form for the execution of the threat, then seating themselves on the ground for further consultation. While thus waiting John Hutchinson asked Dr. Robinson what they should do if they should attempt to remove the tent. Should they fire to hit, or fire over them ? Robinson replied that he would be ashamed to shoot at a man and not hit him. Immediately after this reply a man who had been with the free-state men, and till then supposed to be one of them, went over to the other party, which soon after dispersed. It was supposed at the time that the report of the spy brought the "war" to an end for that day. After the band had mounted and dispersed the principals and principal instigators avoided our neighbor- hood. Some of the more honest dupes, seeing the absurdity of their position, and the reasonableness of our proposition, came up to us and had a social chat, and went off with a determination never to be caught in such a farce again." This little encounter did not end the matter, but there was no fighting. The Missourians did not care to encounter men who would ''shoot to hit." But they kept up the disturbance for a long time and missed no opportunity of annoying the 22 A HISTORY OF LAWRENCE settlers. Once some of them undertook to tear down Dr. Robinson's house, but a few men, G. W. Deitzler, S. N. Wood and S. N. Simpson, w^ho were in the habit of ''shooting to hit," rushed to the rescue, and the ruffians got out of range. After a while the title to the Lawrence town site was quieted, but not without a long struggle and a good deal of bitterness. The first election held was for a delegate to congress, Nov- ember 26. Not much interest was taken in it^ though the influx of voters from Missouri gave a hint of what might be expected in more important elections. The little town of Douglas, not far away, with only fifty legal voters, cast two hundred and eighty-three votes, thus more than out-voting Lawrence with many times the population. At Lawrence the larger portion of the votes were cast for Judge J. A. Wakefield, who lived but a few miles away. He was a plain, honest man, a hearty free-soiler, and a unique character, such as are only developed amid the peculiar conditions of those early times. He had served under Lincoln in the Black Hawk war, and had waded through swamps where ''the men sank up to their knees and the horses sunk in furder." He was enthusiastic, earnest and honest, and in speech was most amusing when most serious. William A. Phillips, in his "Conquest of Kansas," thus describes him: *' As a free state man, the judge is unquestionably reliable. He is a western man, and no abolitionist. But, as he ex- plained in a speech we once heard him make, he was 'a free- soiler up to the hub — hub and all.' The judge is a character in his way. His public speeches and private conversation are characterized by a style and enunciation decidedly pro- vincial, and his grammar sets up a standard somewhat inde- pendent of Lindley Murray. But he is sound and shrewd in his opinions, and honest to the core." In a speech made during the campaign the judge said he was born in South Carolina, raised in Kentucky, he had lived in free states, and TO THE CLOSE OF THE REBELLION. 23 had been a pioneer all his life. The judge received the greater portion of the vote at Lawrence, and the vote at Law- rence was the greater portion of the vote he received. Gen- eral J. W. Whitefield, the pro-slavery candidate, was elected by a large majority, more than .half his vote being imported from Missouri. On the sixteenth day of January the first school was opened. Mr. E. P. Fitch was the teacher. There was no law by which taxes could be levied, so the people maintained the school by voluntary contributions, and threw it open to all the children. It was a free school, so far at least that no charge was made for attendance. The school was not large but the work done was good. Lawrence was bound to begin right, and she began with a free school. Mr. E. P. Fitch taught the school for about three months, and then others took it up. It was not easy to maintain a school, but there was no year v/ithout one. A Bible class was formed the first Sunday in October. There would have been a Sunday school formed also, but there were not children enough. As other parties arrived, however, there were more families among them, and the first Sunday in January a Sunday school was formed, of which Mr. S. N. Simpson was superintendent, and after him Mr. C. L. Edwards. A little after this a mission Sunday school was formed a few miles east of town. These schools were held wherever a place could be found for them, and were often interrupted by the disturbed state of affairs. It is not easy to determine which was the first newspaper established in Lawrence. There were three, each claiming to be the first, and each being able to make its claim good, if you will follow its own line of proof. The first number of the Herald of Freedom was dated at Wakarusa, October 21, 1854. It was edited and printed, however, at Conneautville, Penn- sylvania, and 21,000 copies distributed from there. The 24 A HISTORY OF LAWRENCE material was then packed and sent to Lawrence. It was delayed on the way, and the second number of the paper appeared in January. Mr. G. W. Brown had meanwhile moved to Lawrence, erected a building of unseasoned boards in which he set up his printing office. The paper was ably conducted, and for a time had a large circulation at the east. The last of September John Speer and his brother J. L. Speer came from Ohio to Lawrence. They prepared the copy for a paper, and tried to get it printed in an office at Kansas City. But the proprietors being pro-slavery refused to do the work. They then went through a similar experience with the Leavenworth Herald. Mr. John Speer returned to his home at Mendina, Ohio, and issued the paper from that place October 15th. He returned at once to Lawrence and issued the first number, of the Kansas Tribune January 5, 1855. Mr. Josiah Miller visited Kansas in August of 1854, with a view of establishing a paper. Like the others, he was hindered in getting his material on the ground. At last he was able to issue the first number of the Kansas Free State, dated January 3, 1855, being the first paper actually printed in Lawrence. The paper announced that it was published from an office that had neither ''floor, ceiling nor window sash." Mr. Miller had associated with him Mr. R. G. Elliott, who afterwards held important positions. The coming of three such men to Lawrence at the same time and on the same errand is significant. They were as different as men could be, and yet all were moved with the same purpose. Mr. Brown was a man of experience and of various resources. He was a good writer, and his paper was handsome and well filled. He was self-willed, however, and strong in his antagonism, and often bitterly personal. After a few years he abandoned journalism and returned to the practice of his profession in another state. John Speer was an easy-going, good-natured man, but a S. 5= H H p D- 3" cr CD CD O <. ^ rt CH CD O ^ o S -. cr «« ^. w" o t/' p w S o ^ t/2 — ' c« rr •-^' p U !3 C/5 CD O _ n> r: a 3 3 " ^ 5 H^, ci. <. o ^ ^ a crq a ^ o ^ f* ^ ^ a 5- CD O CD s ^ ^ rl m: a a* a. CD ?-^: ;=: w o <^ !:? a OP W t/2 CD i ?£■ w • o td 5 3 i^ I' ^ 8 o o a- a" ^ p- P^ rr o :^ o a cr 3 - o- «- ? a- 5^ CT> m Dj < 2. "^ t^ ^ ^ S' _ ~ CD S, 3 "^ Q o CD 3 ^ a 05 s- 1 ^' ■ 2 ^ r TO THE CLOSE OF THE REBELLION, 2^ sturdy friend of human freedom. He made no pretense to literary polish, but was a very fluent and effective writer. He had a wonderful memory, and could recall at any time the minutest details of all his large experience and wide range of miscellaneous reading. He was a strong politician and a mas- ter in the arts of political management. He has had a large and varied experience as a newspaper man in Kansas and may be called one of the veteran editors of the state. He is still living, honored for his long service in the interest of Kansas, and in the cause of freedom. Josiah Miller was different from either of these. He belonged to a class which was one of the unrecognized ele- ments in the Kansas problem. He was an anti-slavery man from the South. It was common to consider all immigrants from the South as in favor of slavery. But many of the most determined opponents of slavery were from the South. Mr. Miller's family were of Scotch descent and of the Covenanter faith. They brought with them all the love of freedom, and all the indomnitable persistence for which that people have been remarkable. They settled in South Carolina, and though able toown slaves never did own any. Robert H. Miller, the father of Judge Miller, had got himself into trouble through his anti-slavery proclivities. Their minister had said something unfavorable to slavery and had been treated to a coat of tar and feathers, one of the favorite arguments with the pious defenders of the patriarchal institution. Mr. Miller undertook to prosecute the assailants, but his attorney was poisoned, and the case was thrown out of court. Soon after he was set upon by a lot of roughs and beaten almost to death. Trained in such a school, young Josiah Miller grew up with- out any great love for the peculiar institution of his native state. After graduating at the state university of Indiana and studying law, he threw himself into the Kansas struggle. He was a scholarly man and an able lawyer. He took a 26 A HISTORY OF LAWRENCE prominent part in the stirring events which followed. In the summer of 1856, he was siezed by some of Col. Buford's men and tried for treason to his native state, South Carolina. His life was in peril for a time but he was released from prison after a few weeks. In 1857 he was elected probate judge of Douglas county, when the probate court covered a good part of the judicial business of the county. He was a member of the first state senate in 1861, and as chairman of the judiciary committee, suggested the motto on the state seal, '' Ad Astra per Aspera." The coming of these men on the same errand, from differ- ent parts of the country, and without any knowledge of each other, is an illustration of the wide-spread interest Kansas had excited. They all came at about the same time, met almost the same hindrances, and got out the first issue of their papers within a week of each other. The papers were filled with interesting matter, and would have done credit to any eastern town. Of course Lawrence w^as not large enough to support three such papers. But the interest in Kansas all over the country gave them a large eastern constituency. Everybody was seeking information as to Kansas affairs. The colonists were kept busy during the autumn preparing for winter. The cold w^eather came on quite early and caught them in a very poor condition to face it. A letter written at this time describes some of their experience. ''It is quite cold for the 12th of November. Yesterday we were greeted by a pretty severe snow storm for which we were hardly prepared, our house being in no better condi- tion to receive such a guest than an orchard with the bars down. This morning I crawled from under my buffalo skin after having slept as soundly as anyone could suppose, who could see the pile of snow I had for my bed. I kindled a fire in a rough stone fire place, but the smoke rolled in upon us at such a rate that we were compelled to remove the fire, TO THE CLOSE OF THE REBELLION, 27 not to the middle of the floor, but to where the middle of the floor would have been, if we had a floor. By doing this we could get to the windward of the fire and thus avoid the smoke. If you could only see a true picture of us now, as we are seated upon a trunk before the fire, with our feet extended to keep them warm, and a large tea chest at our back with the lid raised to break the wind, and a buffalo pelt drawn closely about us, and each taking good care to get his share, you might be quite as good-natured in enjoying the picture as we are in enjoying the reality." After this severe storm passed over, the weather became mild again, so mild at Christmas that people sat with the doors and windows open. This fine weather continued till late in January, when there was another cold spell. But on the whole it was a delightful winter, and Providence seemed to have tempered the blast to the shorn lambs. They passed the winter very comfortably CHAPTER III. Spring. — Election, March 30TH, 1855. — Excitement in Missouri. — An Army of Voters Invade Lawrence. — Missouri Voters Elect a Kansas Legislature. — Slave- ry Triumphant and Exultant. — Free-state Men De- spondent, THEN Indignant. — What Shall We Do? — Dr. Robinson's Policy. — ''Bogus Legislature" Repudiated. In the spring of 1855 there occurred an event which largely gave shape to the history of the next two years. This was the election of the first territorial legislature. As the Organic Act allowed the people to determine their own domestic institutions, the first legislature might establish or exclude slavery by law, and so might settle the whole question. Governor Andrew H. Reeder ordered the election to be held on the thirtieth day of March. As a preliminary to this election he ordered a census taken in February of the people of the territory. According to this census, Kansas then had a population of 8,601, of whom 2,905 were voters. This number was probably increased before March 30th, as immi- gration began very early, and quite a number of actual settlers came into the country before the election. But there were not enough to make any material change. The district in which Lawrence was situated had 369 voters, according to the census. Both sides understood the importance of this election, and put forth their strongest efforts to carry it. Whoever secured the first legislature would make the first laws. A pro-slavery legislature could establish slavery and pass laws protecting slave property. Then the people of the south could come with their slaves, and slavery would actually exist in Kansas. If once a considerable number of slaves were settled in Kan- sas, it would be very difficult to dislodge them. On the other TO THE CLOSE OF THE REBELLION. 29 hand if the free-state men secured the legislature, they would establish freedom by law. Pro-slavery men could come to Kansas still, but they would not dare bring their slaves. This would practically settle the question for freedom. The canvas, therefore, was a lively one, and all felt that the con- test was vital. The pro-slavery people, however, carried on their canvas in Missouri. They were not disposed to trust to the doctrines of popular sovereignty, of which they had boasted. They proposed to go over and help settle the question. For weeks before the election, the border counties of Missouri were all astir. Meetings were held and flaming speeches made, and the excitement knew no bounds. There were secret societies, called Blue Lodges, in which the main purpose was to control Kansas for slavery. The members were bound together by pledges, and armed for the battle. The plan advocated in all these meetings was to have the members of these lodges march into Kansas on the day of election, take possession of the polls, and vote, and so get control of the legislature. They proposed to go in sufficient numbers to secure their end beyond all doubt, and they pro- posed to go thoroughly armed so as to overcome all resist- ance. They would depend on numbers and bluster and threats to carry the scheme through. The ''plan of the campaign " was perfectly laid. It was arranged that bands of Missourians should enter every election district in Kansas, and enter in sufficient number to out-vote the settlers. Some of the speeches by which they "fired the southern heart," sound strange in these quieter days. General Stringfellow, in a speech at St. Joseph, said: "I tell you to mark every scoundrel among you that is the least tainted with free-soilism or abolitionism, and exterminate him. I advise you, one and all, to enter every election dis- trict in Kansas, in defiance of Reeder and his vile myrmidons, and vote at the point of the bowie knife and revolver. Never give or take quarter from the rascals." 30 A HISTORY OF LAWRENCE Every man was urged to go who could, and those who could not go themselves must contribute money to pay the expenses of those who did go. When the day of the election arrived they marched into Kansas like an invading army. They came in large com- panies or in small squads, according to the size of the district they proposed to enter. It was not a movement of what would be called ''the roughs," though they were rough enough. It had the sanction of the leading men of western Missouri. The leading spirit of the movement was David R. Atchison, who had served two terms in the United States Senate, and was one time acting vice-president of the United States. The company that came to Lawrence was led by Colonel Samuel Young, a leading lawyer of Boone county, and Claiborne F. Jackson. Colonel Young afterwards removed to Lawrence, and was very much respected — an able Lawyer and a cultured gentleman. Claiborne F. Jackson was governor of Missouri at the opening of the civil war. It w^as not a burst of ignorant passion, but the deliberate purpose of the leading men of Missouri and of the South. Kansas must be secured for slavery by fair means or foul. When mer's deepest pas- sions are stirred, it often happens that the cultivated and refined become as rough and brutal as the coarse and vulgar. They came to Lawrence one thousand strong, March 29th, the day before the election, and camped in the ravine near the town. The report of the congressional committee, which investigated the affair, gives a very vivid description of the scene at Lawrence: "The evening before, and the mornmg of the day of the election, about one thousand men arrived at LawTence, and camped in a ravine a short distance from the town, and near the place of voting. They came in wagons (of which there were over one hundred) or on horseback, under the command of Colonel Samuel Young, of Boone county, Missouri, and TO THE CLOSE OF THE REBELLION. 3 1 Claiborne F. Jackson, of Missouri. They were arnied with guns, rifles, pistols and bowie knives; and had tents, music and flags with them. They brought with them two pieces of artillery, loaded with musket balls. ''The evening before the election the Missourians were called together at the tent of Captain Claiborne F. Jackson, and speeches were made to them by Colonel Young and others, calling on volunteers to go to other districts where there were not Missourians enough to control the election, as there were more at Lawrence than were needed'. On the morning of the election the Missourians came over to the place of vot- ing from their camp, in companies, or bodies, of one hundred at a time. Mr. Blanton, one of the judges, not appearing, Colonel Young claimed that as the people of the territory had two judges, it was nothing more than right that the Missour- ians should have the other one to look after their interests. Robert A. Cummins was elected in Blanton's stead because he considered that every man had a right to vote if he had not been in the territory but an hour. The Missourians brought their tickets with them. Not having enough they had three hundred more printed in Lawrence the evening before and on the day of election. They had white ribbons in their buttonholes to distinguish them from the settlers. "When the voting commenced, the question of the legality of the vote of a Mr. Page was raised. Before it was decided, Colonel Samuel Young stepped to the window where the votes were received, and said he would settle the matter. The vote of Mr. Page was withdrawn, and Colonel Young offered to vote. He refused to take the oath prescribed by the governor, but said he was a resident of the territory. He told Mr. Abbott, one of the judges, when asked if he intended to make Kansas his future home, that it was none of his busi- ness; if he were a resident then he should ask no more. After his vote was received. Colonel Young got upon the 32 A HISTORY OF LAWRENCE window sill and announced to the crowd that he had been permitted to vote, and they could all come up and vote. He told the judges that there was no use swearing the others, as they would all swear as he had. After the other judges had concluded to receive Colonel Young's vote, Mr. Abbott resigned as judge of election, and Mr. Benjamin was elected in his place. ''The polls were so much crowded till late in the evening that for a time they were obliged to get out by being hoisted up on the roof of the building, where the election was being held, and passing out over the house. Afterwards a passage- way was made through the crowd by two lines of men being formed, through which voters could get to the polls. Colonel Young asked that the old men be allowed to go up first and vote, as they were tired with the traveling, and wanted to get back to camp. During the day the Missourians drove off the ground some of the citizens, Mr. Stearns, Mr. Bond and Mr. Willis. They threatened to shoot Mr. Bond, and made a rush after him, threatening him. As he ran from them, shots were fired at him as he jumped off the bank of the river and escaped." The Missourians mostly started for home as soon as they had voted. A few remained till the next day. According to the census taken in February, the district contained 369 legal voters. The whole number of votes cast was 1,034. ^ care- ful examination of the poll lists showed that 232 of these were legal votes, while 802 votes were cast by non-residents. What was done in Lawrence was done everywhere, and while the census showed only 2,905 legal voters in the territory, there were 6,307 votes cast. It was a clean sweep, Missour- ians electing the entire legislature with one exception. There was no denial of the invasion, but the pro-slavery press boasted of it as a great victory. Abolition had been rebuked in its stronghold. TO THE CLOSE OF THE REBELLION. 33'. An appeal was made to Governor Reeder to set the election aside. He at first promised to do so, but his courage did not hold out. The pro-slavery people threatened his life if he ven- tured to go behind the returns. He was already beginning to feel that the administration at Washington was being alien- ated from him. He could not depend on their support. He contented himself, therefore, with ordering new elections for the districts that had entered protests. This could not ac- complish anything as it still left the legislature in the hands of the men elected by imported votes. It did not lessen the hate of the pro-slavery people, and it did not take the power out of their hands. As is common with half measures, it pleased nobody and accomplished nothing. The settlers hardly knew where to turn next when Gov- ernor Reeder failed them. It seemed for a time as if the case was closed. A pro-slavery legislature would enact pro- slavery laws, and they must live under them for at least two years. By that time slavery might be fastened on the ter- ritory beyond reversal. The southern papers boasted that now the abolitionists must either leave Kansas or consent to live in a slave state. The news of the outrage spread over the country on the wings of the lightning, and stirred the wildest excitement and indignation throughout the entire North. It was something that had no parallel in the history of the country. A body of invaders from another state had stolen a legislature, and there seemed to be no appeal. But after the first shock was over the people began to in- quire what they could do next. They had come to make Kansas free, and they were not the sort of people to be turned from their purpose by a single rebuff. What could they do to forestall the consummation of this great crime? They could not think of submitting to it, and allowing it to gain its end. . Gradually the conviction grew that the legis- lature and its laws must be repudiated. The legislature had 34 A HISTORY OF LAWRENCE been elected by fraud, and could only be a fraudulent affair. It had been elected by citizens of Missouri in violation of all law, and by an outrage unparalleled. To submit to it would be to allow the crime to secure the fruit it sought. The whole country would justify them in taking such a position. Dr. Charles Robinson first suggested the policy of repudia- tion as soon as it was known that Governor Reeder would give them no effective relief. The suggestion seemed wild at first, but the more people thought about it the more it came into favor. Martin F. Conway had been elected to the legis- lature. In a letter to Governor Reeder he resigned his seat, and in doing this gave public expression to this policy of repudiation. '' Instead of recognizing this as the legislature of Kansas, and participating in its proceedings as such, I utterly repudi- ate it as derogatory to the respectability of popular govern- ment and insulting to the virtue and intelligence of the age. * * * Simply as a citizen and a man, I shall, therefore, yield no submission to this alien legislature. On the contrary, I am ready to set its assumed authority at defiance, and shall be prompt to spurn and trample under my feet its insolent enactments, whenever they conflict with my rights or my inclinations." This all happened before the legislature had met, it being deeaiied important to repudiate the legislature itself as an imposition and a fraud, without regard to the laws it might enact. It was a fraud in itself. June 8th a convention was held in Lawrence to consider what they had begun to call the ''bogus legislature." This convention provided for a larger convention to be held on the 25th of June. This sec- ond convention was large and represented nearly every set- tlement in the territory. Its sessions were protracted and its discussions very earnest. Its decisions shaped the policy of the free-state men for two years. The following are some of its resolutions: TO THE CLOSE OF THE REBELLION. 35 ' ' Resolved, That we are in favor of making Kansas a free territory, and as a conSequence a. free state. ''Resolved, That we urge the people of Kansas to throw aside all minor differences, and make the freedom of Kansas the only issue. ''Resolved, That we claim no right to meddle with the affairs of the people of Missouri, or any other state, and we do claim the right to regulate our own domestic affairs, and, with the help of God, we will do it. ' ' Resolved, That we look upon the conduct of a portion of the people of Missouri in the late Kansas election as an outrage on the elective franchise and our rights as freemen, and in as much as many of the members of the legislature owe their election to a combined system of force and fraud, we do not feel bound to obey any law of their enacting." Dr. L. W. Spring in his history of Kansas says that ''between the 8th of June and the 15th of August, 1855, seven conventions were held in the city of Lawrence, all but one in the interest of the policy of repudiation." It was essential that the policy should be well understood, and that free-state people should be a unit in the matter. It was a daring posi- tion to assume and a very difficult one to maintain, hence these frequent conventions for consultation. Thus the whole people came to understand the policy, and the whole people became united in upholding it. For popular impression, perhaps, the celebration of the Fourth of July was more effective than these conventions. It was determined to celebrate it in fitting style in Lawrence. Great preparations were made and a large crowd assembled. Some people walked sixteen miles to attend., Two military companies had been organized and had been armed with Sharpe's rifles, and were out in uniform. The ladies pre- sented them with a beautiful silk flag, amid great enthusiasm. Dr. Charles Robinson made the oration and used the occasion very adroitly to foster and defend the policy of repudiation, which he had been the first to suggest. He pictured the Missouri invasion and the capture of the legislature by non- resident voters in vivid terms, and denounced the outrage 36 ' A HISTORY OF LAWRENCE as something not to be endured. He declared that the peo- ple of Kansas would never submit to these invaders from a neighboring state. ''I can say to Death, be thou my master, and to the Grave, be thou my prison house; but acknowledge such creatures as my masters, never! Thank God, we are yet free, and hurl defiance at those who would make us slaves. " 'Look who will in apathy, and stifle they who can, The sympathy, the hopes, the words, that make man truly man, Let those whose hearts are dungeoned up with interest or with ease. Consent to hear, with quiet pulse, of loathsome deeds like these. " ' We first drew in New England's air, and from her hardy breast Sucked in the tyrant-hating milk that will not let us rest. And if our words seem treason to the dullard or the tame, ' Tis but our native dialect; our fathers spake the same.' '^Let every man stand in his place, and acquit himself like a man who knows his rights, and knowing, dares maintain. Let us repudiate all laws enacted by foreign legislative bodies, or dictated by Judge Lynch over the way. Tyrants are tyrants, and tyranny is tyranny, whether under the garb of law or in opposition to it. So thought and acted our ancestors, and so let us think and act. We are not alone in this contest. The whole nation is agitated upon the question of our rights. Every pulsation in Kansas pulsates to the remotest artery of the body politic, and I seem to hear the millions of freemen, and the millions of bondsmen in our own land, the patriots and philanthropists of all countries, the spirits of the revolu- tionary heroes, and the voice of God, all saying to the peo- ple of Kansas, 'Do your duty.' " The speech and the occasion produced a profound impres- sion not in Lawrence alone, but in all the territory. More than any one thing, perhaps, it helped to unify the people on the bold policy they had adopted, and w^hich they maintained with unbroken front to the end of the conflict. While all this was being done to bring people into harmony of thought in regard to the policy of repudiating what they TO THE CLOSE OF THE REBELLION. 37 called the ''bogus legislature," the free-state leaders were preparing for the emergency in another way. They knew the pro-slavery leaders were desperate men, and bound to carry their point by any means, fair or foul. To repudiate their legislature, and their laws, would involve collisions, and possibly bloodshed and civil war. These men would not be thwarted now without a severe struggle. The free-state men must be prepared to meet force with force. As soon as the result of the March election was finally determined, the free-state leaders sent to their friends in the east for arms. George W. Deitzler w^as sent to Boston to lay the matter before the friends of free Kansas. Only two persons knew of the object of his mission. New arms were needed for self- defense. Amos A. Lawrence and others, before whom Mr. Deitzler presented the case, at once saw the seriousness of the situation. Within an hour after his arrival in Boston, he had an order for one hundred Sharpe's rifles, and in forty- eight hours the rifles were on their way to Lawrence. They were shipped in boxes marked "books." As the border ruf- fians had no use for books, they came through without being disturbed. A military company known for many years after- wards as the ''Stubbs" was organized, and was armed with these rifles. Other boxes of "books" rapidly followed these, and other companies in Lawrence and in the country were armed with them. The fame of these guns went far and wide, and produced a very salutatory effect. They who rec- ognized only brute force came to have a great respect for the Sharpe's rifles. A howitzer was procured in New York through the aid of Horace Greeley, and shipped to Lawrence. This howitzer played quite a part in the after struggle, and had a history of its own that some one familiar with it ought to write up. Meanwhile the "bogus legislature," about which all this stir was being made, assembled and begun their work. They met 38 . A HISTORY OF LAWRENCE at Pawnee July 2nd, but adjourned to Shawnee Mission, where they re-assembled July 12th. They excluded all those elected at Reeder's special election, and admitted all those chosen March 30th. There was only one free-state member left in the whole lot, and he soon became disgusted and left. They had things entirely their own way, and as they had been elected by Missouri votes, they proposed to "make Kansas in all respects like Missouri," as one of their number phrased it. To save time and toil, they adopted the Missouri code of laws, simply directing the clerk to make the necessary verbal changes to adapt it to Kansas. In the matter of slavery, however, they favored Kansas with special legislation. As slavery in Kansas was in peculiar danger, it must be protected by laws peculiarly searching and strong. In this matter they acted like men whose reason had left them. They enacted a slave code so absurdly severe that it would have been broken down of its own weight: "Section i. If any person shall entice, or decoy, or carry out of this territory, any slave belonging to another, * * * he shall be adjudged guilty of grand larceny, and on conviction thereof shall suffer death. "Sec 2. If any person shall aid or assist in enticing, carrying away, or sending out of the territory, any slave belonging to another, * * ■'^ he shall be adjudged guilty of grand larceny, and on conviction thereof suffer death. "Sec 3. If any person shall entice, decoy, or carry away out of any state or other territory of the United States, any slave belonging to another, * * * and shall bring such slave into this territory with the intent to pro- cure the freedom of such slave, the person thus offending shall suffer death. "Sec II. If any person shall print, write, publish, or circulate * * * within the territory any book, magazine, hand-bill or circular containing any statements, arguments, opinions, sentiments, doctrine, advice or inu- endo calculated to promote a disorderly, dangerous or rebellious disaffection among the slaves in this territory, or to induce such slaves to escape from their masters, or to resist their authority, he shall be guilty of a felony, and be punished by imprisonment and hard labor for a term of not less than five years. "Sec 12. If any free person, by speaking or by writing, assert or main- tain that persons have not the right to hold slaves in this territory, or shall ,TO THE CLOSE OF THE REBELLION. 39 introduce into this territory, print, publish, write or circulate, or shall cause to be introduced in this territory, any book, paper, magazine, pamphlet or circular containing any denial of the right of persons to hold slaves in this territory, such person shall be deemed guilty of felony, and punished by im- prisonment at hard labor for a term of not less than two years." If anything were needed to confirm the free-state men in their attitude towards the ''bogus legislature," the conduct of the legislature itself furnished it. The outrageous invasion of March might have been forgotten if the legislature itself had been moderate and fair. But first of all they broke with Governor Reeder because he would not acceed to all of their demands. Then they purged themselves of free-state mem- bers wherever any pretext could be found for doing so. Then they enacted a slave code more severe than was found in the slave states themselves. By the twelfth section of that bill it was made a penitentiary offense to express an opinion adverse to slavery. Self-respecting free-state men must either leave the territory or repudiate such laws. As the legislature itself was elected by non-resident votes, they pronounced the whole concern a fraud, and repudiated the legislature and its laws. As the work of the legislature went on, the idea of repudia- tion was being matured. The numerous conventions in Law- rence grew more and more distinct in their tone as the spirit and work of the legislature became more and more manifest. It has sometimes been asked what good was accomplished by this policy of repudiation? In reply it may be said, it practically nullified the laws passed by the usurping legisla- ture. While these laws were not repealed, and were technic- ally the laws of the territory, they were without effect. They were not respected by the people, and were only executed by force. This was particularly true of the laws regarding slavery. Whatever the courts might have decided as to the right to hold slaves in Kansas, no slave holders dared bring their slaves into the territory, while the laws protecting slavery were repudiated by two-thirds of the people. The 40 A HISTORY OF LAWRENCE result was that no slaves were brought into Kansas during the two years of excitement that followed. Riches take themselves wings and fly away, but this form of riches would be very apt to take themselves feet and run away. If the free-state men had acquiesced in this fraudulent legislature, and had submitted to its laws, those laws would have gone into full operation, and two years would have brought in a sufficient slave population to settle the question at issue. The policy of repudiation no doubt saved Kansas to freedom. Along with the policy of repudiation another movement was set on foot as a sort of ''companion piece." That was the movement for a state government. Whenever the policy of repudiation was mentioned, the first question was ''what are you going to do next?" The answer was: "Form a state government and apply to congress for admission to the union." Other states had been received without an enabling act, and they proposed to plead these precedents. The matter was broached very early, and was probably in mind when the policy of repudiation was first suggested. It was at first distantly hinted at in the various conventions, and then boldly advocated. At the convention held at Lawrence, August 15, the subject was discussed, and was evidently the thought of most of the free-state men. A delegate con- vention was called to meet at Topeka, September 19th, to take steps toward forming a state government. This conven- tion provided that members of a constitutional convention should be elected October 9th. There were over twenty- seven hundred votes cast at this election, and the convention thus chosen assembled at Topeka, October 23rd, and framed what was known as the Topeka Constitution. This constitu- tion was the rallying point of the free-state men for two years. No serious attempt was ever made to put this constitution in operation. It was sent to congress and adopted in the TO THE CLOSE OF THE REBELLION, 4 1 House but smothered in the Senate. The people of Kansas did not, however, abandon it. Though never in operation it was a vital part of their policy. It was the positive side of the policy which repudiated the bogus laws. Though the officers never took their seats, the whole movement served as a bond of union to the free-state men. As Hon. T. Dwight Thacher said at the quarter-centennial celebration at Topeka in 1866: ''The Topeka Constitutional movement held the people together through a stormy period." "Without it the free-state forces must have drifted, been demoralized, and probably beaten." The Shawnee legislature and the Topeka Constitution may not seem to belong to a sketch of the town of Lawrence, but they were so closely interwoven with all the after history that a great deal that happened in Lawrence during the next two years would not be intelligible without some knowledge of these more general events. Lawrence was the headquarters of the free-state party, and the center of the free movement. A good proportion of its early history could not be understood apart from that movement. The most exciting events in the history of the town were directly connected with the bogus laws, and the free-state policy respecting them. Several other things happened this same summer which it is necessary to know in order to determine what occurred at Lawrence later on. As soon as it was found that Governor Reeder would not go the full length with the ''bogus legisla- ture," the pro-slavery leaders began to plan for his removal. They sent on complaints to Washington detailing their side of the controversy, and sent on their smoothest talkers to use their personal influence. The result was that Reeder was removed in less than a month from the meeting of the legisla- ture, and ceased to act as governor August 15th. The secre- tary of the territory, Daniel Woodson, became acting governor, and signed all the laws which the legislature had passed. He 42 A HISTORY OF LAWRENCE was in full sympathy with the pro-slavery party, and was as eager as any of them to carry out their policy. Hon. Wilson Shannon, of Ohio, was appointed governor, and arrived about September ist. He was an able man, and had been governor of Ohio, minister to Mexico, and member of congress. He was a man of character and was fair-minded, but he was in full sympathy with the administration at Washington, and put himself in the hands of the men in Kansas he supposed to be the friends of the administration. This was unfortunate in two respects. In the first place his own views of the situation took a partisan coloring, and in the second place, the free- state men were led to class him with their enemies, and very naturally were suspicious of him and avoided him. He heard only one side of the story. He knew nothing of the men on the other side, or of the motives which governed them. He entirely misjudged their character, and under-rated their caliber. He allowed a reception in his honor at Westport before he entered Kansas at all, and then had a formal recep- tion at Shawnee Mission, in which the pro-slavery men and pro-slavery policy was painted in glowing colors. Every effort was made to commit him fully to the pro-slavery cause, and to prejudice him against the free-state people. These last were denounced as traitors, who had repudiated the laws of the territory and who were ready to resist them whenever an opportunity offered. The pro-slavery men called them- selves the *'law and order" party. They had gained control of the legislature by illegal means, and then organized them- selves into a *'law and order" party to enforce the enactments of this fraudulent legislature. The convention at which the ''law and order" party was formed chose Gov. Shannon for its president. Thus he became more and more committed to the one-sided policy which antagonized more than half the people of the territory. The people were divided into two very distinct parties with TO THE CLOSE OF THE REBELLION. 43 antagonistic policies. The pro-slavery party was determined to enforce the laws passed by the Shawnee legislature. The free-state men repudiated that legislature and were determined never to recognize its enactments. The pro-slavery men had the forms of law, the officers of the law and the courts of law on their side, with the governor and national administration back of them. Their policy was to force a conflict and com- pel the free-state men either to recognize the bogus laws or resist them and suffer the penalty. Andreas, in his history, page 115, says: ''The law and order party were determined to bring the revolutionists to swift punishment as soon as overt acts should make them subject to the penalties prescribed for the viola- tion of the laws. This was no easy matter, as they kept, as far as possible, aloof from the legal machinery devised for the government of the territory. They brought no suits into its courts; they attended no elections called by its authority; they paid no attention to its county organization; they offered no estates to its probate judges; they tried no causes and made no complaints before its justices of the peace; they paid no tax levies made by the authority of the late legislature. Yet they were careful to do no act which should lay them liable to the laws they contemned. They settled their dis- putes by arbitration, or by other means that might avoid liti- gation; they had town organizations and police regulations for the preservation of order; courts to settle squatters' claims; and all other appliances necessary for the regulation of small communities peaceably inclined. They could build, manu- facture, buy and sell, establish schools and churches; but they would not be guilty of the crime of making Kansas a slave state." This was emphatically the condition of things at Lawrence. The people were fully determined to repudiate the bogus laws, and were just as much determined not to violate them. 44 A HISTORY OF LAWRENCE They would not recognize them, and they would not violate them. They would simply let them alone, and mind their own business. They would not incorporate the town under these laws. A citizens committee maintained a free school by voluntary contributions instead of taxes. Another com- mittee looked after the good order and cleanliness of the place. They settled their disputes among themselves, and submitted to any inconveniences rather than appeal to the laws they repudiated. At the same time they were all partic- ularly careful not to come in conflict with the laws, and to do nothing which might be construed into a violation of law. Being all intelligent and well disposed, and being also all of one mind, they did not have much trouble in carrying out this policy. They would have carried out this policy to the end if the other side had not been determined to force a con- flict. They were watching for the slightest pretext to bring on a collision. The free-state men knew this. They knew that in spite of all their care a collision was bound to come sooner or later. While, therefore, they sought to avoid a conflict, they were prepared for it. As has been already said, several hundred Sharpe's rifles were procured early in the summer. Military companies were organized in Lawrence and in the country around about, and full preparations made for defense in case a conflict was forced upon them. Em- bankments were thrown up at exposed points and the town put in position to stand a siege. CHAPTER IV. The Conflict Begun. — The Dow Murder. — The Branson Rescue. — Sheriff Jones Appeals to the Governor. — The Governor Calls Out the Militia. — Missouri Re- sponds TO THE Call. — The Wakarusa War. — The Army AT Franklin. — Preparations for Defense. There was no serious trouble at Lawrence during the sum- mer. There were many outrages in other parts of the terri- tory. Where the sentiment was divided there were frequent collisions. Where pro-slavery sentiment was predominant free-state men were in constant peril. A man named Kelly was beaten nearly to death by a pro-slavery bully in Atchison. Rev. Pardee Butler, a preacher of the Christian Church, de- nounced the outrage in the streets of Atchison, and was siezed by a mob, his face was painted black, and he was bound upon a raft and sent floating down the Missouri river. He escaped after floating down a few miles. Some time afterwards he was siezed again. The mob were disposed to hang him, but finally were content to give him a coat of tar and feathers, and let him go. As these outrages and many more were ap- proved by a' large portion of the "law and order" party, no attempt was made to punish the perpetrators of theni, although they were well known and made no attempt to con- ceal themselves or their crimes. Thus far no difficulty had occurred at Lawrence such as the "law and order" party were waiting for. They were only watching for an opportunity to bring on a collision which would compel the citizens either to recognize or resist *the laws of the bogus legislature. If they recognized those laws they would be humiliated; if they resisted them the whole force of the territorial government would be brought to bear to subdue them. But so wisely did they manage their repu- 46 A HISTORY OF LAWRENCE diation that no occasion was given for interference. They simply ignored the laws and were a law unto themselves. The fact that the people of Lawrence were well armed and strongly entrenched, made the ''law and order" people all the more careful to wait till they had a good case. They were thus compelled to wait till late in the autumn before the coveted opportunity came. The occasion came at last, as all things come to those who wait. It was somewhat far-fetched, but it served the purpose. '' It was not as wide as a church door, but it served." It all grew out of a claim dispute. Charles W. Dow and Franklin M. Coleman occupied adjoining claims at Hickory Point, about ten miles south of Lawrence. Dow was a free-state man and Coleman was a pro-slavery man. They quarreled about their claims and often had high words. The sympathy of the neighbors ran according to political affiliations. One day, November 21st, Dow was at Coleman's cabin, talking over the inevitable subject in the inevitable temper. As he started to go home, Coleman shot him dead in the road. That night Coleman fled to Westport, Missouri, and was pro- tected by his pro-slavery friends. The cold-blooded murder naturally produced great indignation among the free-state men. They held a meeting a day or two after to express their indignation, and to devise means to bring the murderer to justice. The meeting was composed mainly of friends and neighbors of Dow, who occupied claims as he did and were exposed to similar treatment. Very naturally they expressed themselves strongly, and were not in a mood to be trifled with. Among these neighbors and friends was an old man named Jacob Branson. Dow lived in the same cabin with him, and Branson thought a great deal of Dow. Branson was a quiet, peaceable man, who never made anybody any trouble. But the brutal murder of his friend stirred the quiet depths of his nature, and he expressed his indignation with- TO THE CLOSE OF THE REBELLION. 47 out stint. He said "if I could draw a bead on Coleman with his rifle, he would not breathe the pure air of this planet another minute." One of the friends of the murderer Coleman, named Buck- ley, professed to be greatly alarmed at the violent tone of the meeting, and especially at the violent expressions of Jacob Branson. He claimed that his life was in danger, and he swore out a warrant for Branson's arrest. The warrant was put in the hands of Samuel J. Jones, who had been appointed by the Shawnee legislature as Sheriff of Douglas county. Jones was one of the characters of those times. He was postmaster of Westport, Missouri, and did not live in Kansas. He had identified himself with her interests, however, by leading a company from Missouri to vote on the memorable thirtieth of March. He went to Bloomington, and led his company in, taking possession of the ballot box of that pre- cinct. He was a mixture of courage and cowardice, of bold bravado and obsequiousness. No appointment could have been more offensive and insulting to the people of Douglas county. He was appointed on purpose to insult and humili- ate them, and to provoke them to some sort of resistance that might warrant an attack upon them. The people of Douglas county had got even with their persecutors thus far by so keeping the peace or arranging their disputes among them- selves, that they had never called for the services of the obnoxious sheriff. His office seemed in danger of being lost in *' innocuous dissuetude." To this man the murderer had fled, and had been taken into custody by him, not for punish- ment but for protection from the people he had outraged. At last the day came when he could be avenged on the people of Douglas county who so thoroughly despised him. The warrant for the arrest of Branson was put in his hands to serve. On the night of November 26tk he took some fifteen men and went to Branson's house to arrest him. It was 4-0 A HISTORY OF LAWRENCE about eleven o'clock when they arrived at the cabin. They knocked at the door, but before any reply could be made, they burst the door open and rushed in. They dragged Branson out of his bed, and made him dress himself in a hurry. Mrs. Branson demanded their authority but they told her they would attend to that. They took Branson out, placed him on a mule, and started for Lecompton by the way of Lawrence. Mrs. Branson felt sure they \vould kill her husband as soon as they had him fully in their powder. The free-state men in the neighborhood were advised of the writ for Branson's arrest. They had grounds to fear that he would be disposed of as soon as Jones and his posse got him in their hands. When they heard of the intended arrest, a number of them came together determined to rescue Branson if possible before he could be harmed. The rescue was arranged and conducted by Major J. B. Abbott, a man who lived in the neighborhood, a brave man and a man of promi- nence for many years afterwards. He w^as assisted by S. N. Wood, of Lawrence, who had come from the same section of Ohio as the murdered man, Dow. • Wood was one of the characters of the times, a man of infinite nerve, and as calm and cool in such a matter as he would be in any common affair. There were two others present who lived in Lawrence, Samuel F. Tappan and Samuel C. Smith. The rest were all neighbors of Branson, living on farms near his. By eleven o'clock some fifteen men had gathered at Abbott's house to attempt to save Branson. They were armed with all sorts of weapons. Some of them had rifles; some of them had shot- guns; and some of them had pistols. They had come with anything they hapened to have in the house. One or two had no weapons whatever. One of these picked up two large stones which he clutched in his hands in a way which showed his intensity of purpose, and illustrated the determination of the whole company. 9S-' cr H 33 05 g a" S oo' 3 C/3 < CL ^. a" Cl QfQ S* ^ 1 O ^ ^ 8 ,_^ 3 o w 05 3 a o (t !-+> jfl* CI. i o 3 5 a* fD cr ^ a a i. s- o o •-1 S o ^ o t/3 o a a' o a' > H'. ^ a' o !^ S-B CT* Ml W p, [2. o g ^ 3 rt TS n Cb o' o w Q. M i± n> If o n 5' TO THE CLOSE OF THE REBELLION. 49 They hardly knew what to do or which way to go. It was entirely uncertain what road Jones and his party would take, and in the night it was impossible to see them any distance. But while they were wondering what to do, some one burst into the house and said: ''They are coming." S. N. Wood, one of the party, wrote a vivid account of the rescue a short time after. "Pell-mell we rushed out of the house and got into the road ahead of them. They halted within two rods of us. A moment was passed in silence when one of their party said: 'What 'sup?' Abbott asked, 'Is Branson there?' Branson replied, 'Yes, I am here, a prisoner.' S. N. Wood said, 'If you want to be among your friends come over here.' One of their party said, 'If you move we will shoot you.' Said Wood, "Come on, let them shoot if they want to. If you shoot, not a man of you will leave alive.' Branson attempted to ride to us; he was on a mule. 'Whose mule is that?' 'Their's.' 'Get off and let it go.' Wood left the ranks, kicked the old mule and told it to go back to its friends. Arms were aimed and cocked on both sides, but just as Bran- son left the ranks, one of the opposite party lowered his gun with the remark: 'I aint gqing to shoot.' Jones then advanced on horseback, said his name was Jones, that he was sheriff of Douglas county, that he had a warrant to arrest old man Branson, and he must serve it. He was told, 'we knew no Sheriff Jones; we know a postmaster at Westport, Missouri, by that name but we knew no Sheriff Jones.' Jones still said he had a warrant to arrest Branson and he must do it. S. N. Wood said he was Branson's attorney, and if he had a warrant to arrest him he wanted to see it, and see if it was all right. Jones said he had it, but refused to show it. Wood asked if it had been read or shown to Branson. Jones admitted that it had not. He was told that until he produced the warrant, Branson could not go with him. At least an hour was spent 4 50 A HISTORY OF LAWRENCE ill parleying, when Jones and his company bid us good night and rode away." The rescue occurred near Blanton's bridge, some five miles s.outh of Lawrence. The rescuing party were all from the neigh- borhood, except three who were from Lawrence. The rescue occurred at about one o'clock in the morning, some two hours after the arrest. It was afterwards learned that Jones and his party had spent the intervening time at the house of a pro- slavery man, rejoicing at their success. They honored the event in the approved border ruffian style, drinking whiskey and carousing. After Jones had gone the rescuers were in a quandary. They had Branson, but were puzzled to know what to do next. They began to realize that the situation was serious. They had taken a prisoner out of the hands of an officer of the law. Jones and his friends would make the most of it. It added fuel to fire already kindled, and furnished him the occasion he had been seeking so long to make an onslaught on the free-state men, and either compel them to recognize the bogus laws under which he held his appointment, or else actually resist them and expose themselves to the penalties. The company of rescuers at once discussed the situation. They knew this was not the end, and was probably only the beginning. They at once decided to go into Lawrence and tell the story to Dr. Charles Robinson, whose cool head and clear sense were always relied upon in times of real difficulty. They reached Lawrence in the gray of the morning, and proceeded at once to Dr. Robinson's house. Mrs. Robinson, in her book written soon after, describes the appearance of the men as they drew up before the house in the morning twilight. *'I shall never forget the appearance, in simple citizens dress, some armed and some unarmed, standing in unbroken line, just visible in the breaking light of a November morn- TO THE CLOSE OF THE REBELLION. 5 1 ing. The little band of less than twenty men had walked ten miles since nine o'clock the previous evening. Mr. Branson, a large man of fine proportions, stood a little forward of the line, with his head slightly bent, which an old straw hat hardly protected from the cold, looking as though in his hurry of departure frorn home he took whatever came first." As soon as Dr. Robinson came to the window they told him their story. They set before him all the details of the arrest and the rescue, and of the threats Jones had made on being foiled of his purpose. After a few minutes thought the doctor replied to them. He said in effect that it was a serious affair, and would no doubt be used by their foes as a pretext for attacking Lawrence, and if possible destroying it. They had only been waiting for an occasion, and this would furnish it. A prisoner taken from the hands of the officers of the law would be called an insurrection. The militia would be called out ostensibly to sustain the officers, really to destroy Law- rence. There was but one thing now to be done. The affair had occurred several miles from Lawrence. Only three Lawrence men were concerned in it, and they were on their own responsibility. The people of Lawrence knew nothing about it. They could not be held responsible for an act of which they did not know until several hours after its occur- rence. The perpetrators must take care of themselves and keep out of the way. If Jones and his posse came to the town to make arrests they would simply find no one to arrest. They must find the men who committed the deed and arrest them. At a meeting of citizens later in the morning Robin- son's views were endorsed. It was the universal opinion that as the town of Lawrence, as such, had nothing to do with the affair, its citizens could not be held responsible for it. The meeting appointed a committee of safety who were empowered to defend the town in case any attack was made. Everyone felt very certain that it would not be long before 52 A HISTORY OF LAWRENCE the services of the committee would be called for. Dr. Robinson was placed at the head of the committee, and they proceeded at once to put the town in a condition for defense. Thus far Lawrence had not been identified .with the affair. A resolution approving the rescue was rejected. The events which followed seemed to indicate that the whole thing was a plot. The arrest of Branson was made on purpose to provoke a rescue. Branson had committed no crime. He had simply denounced the murder of a member of his family. The whole country was excited about the murder. The arrest of Branson would inflame them to a fever heat. Jones proposed to take him through Lawrence. After making the arrest he waited two hours at a pro-slavery man's house to give time for the news to get out. When confronted by an equal number, poorly armed, he surrendered his prisoner w^ithout firing a shot, simply muttering vengeance. It was just what he was waiting for. A prisoner had been taken by force from the officers of the law. They had repudi- ated the laws before; now they had resisted them and over- come the officers of the law. It was a trap and the free-state men had fallen into it. Jones lost no time in making the most of his opportunity. He went to Franklin, a little pro-slavery settlement four miles east of Lawrence. Thence he sent out his dispatches. His first dispatch was sent to Colonel A. G. Boone at West- port, Missouri, and his second to the governor. The gov- ernor must call out the militia, but Colonel Boone must furnish the men from Missouri. Hence it was important that the Missouri allies should be advised as soon as possible. The dispatches narrated the particulars of the rescue in extravagant terms, and claimed that there was an organized effort to resist the laws. He needed three thousand men to assist him in making arrests of criminals who were hiding from justice and were being protected by armed men in TO THE CLOSE OF THE REBELLION. 53 Lawrence. Governor Shannon at once issued a proclamation declaring the free-state men in rebellion and calling put the militia of the territory to aid in the enforcement of the laws. In his order to General Richardson he said the laws had been resisted and that there was an armed force at Lawrence in open rebellion. He had been advised that houses had been burned in Douglas county and whole families turned out onto the open prairie. Sheriff Jones had warrants for the men who were committing these crimes, but he needed three thousand men to enable him to execute these warrants. He ordered General Richardson to collect as large a force as possible, and proceed without delay to Lecompton and report to S; J. Jones, sheriff of Douglas county, "and render him all the aid in your power in the execution of any legal process in his hands." But the "Kansas militia" did not respond in very large numbers. It was not expected that they would. The call had to be made to the Kansas militia, but the Missouri militia was expected to do the most of the responding. While all the public proclamations were made to the Kansas militia, secret means were taken to secure a large force from Missouri. Daniel Woodson, the secretary of the territory, sent a private note to an official in Jefferson City, asking him "to call out the Platte County Rifles; but whatever you do, do not implicate the governor." In all these secret notes they add, "Do not compromise the governor." The pro- slavery press made frantic appeals and published the wildest accounts of the situation in Kansas. The Missourians were already organized, and company after company moved towards Lawrence. There were four hundred men from Jackson county and an equal number were called out from Weston and St. Joseph. While, therefore, the Kansas militia responded only in small numbers, their lack of zeal was more than made good by the readiness of these 54 A HISTORY OF LAWRENCE Missouri friends to rally to the defense of law and order in the neighboring territory. They seemed as eager to come up and restore order as they had been to come and vote a few months before. They seemed ready to do any sort of service for the new-comers. They had furnished a legislature to make their laws for them, and now they were ready to furnish an army to enforce those laws. Of the hundreds of armed men, therefore, who responded to the call for the ''Kansas militia," all but fifty or so came from over the line. None of these men who were so eager to subdue rebellion thought it worth while to inquire if there was any rebellion, or any resistance. Even the governor in calling out the militia, had not thought it worth while to inquire whether the statements on which he based that call had any foundation. As a matter of fact there had been no general resistance to the execution of the laws. The rescue of Branson was a solitary case, and belonged to the neighborhood where it occurred. There had never been any resistance in Lawrence, and there would not have been. Sheriff Jones could have come into Lawrence at any time, and made any arrests for which he had any legal authority. He was several times in Lawrence alone while he was making these extensive prepa- rations to subdue the town. No one had any thought of molesting him, or interfering with him. But he was deter- mined to force a conflict and humiliate the place, if not destroy it. The Missouri allies were not slow in coming to the aid of their friends in Kansas. They were just ''spoiling for a fight," and were waiting for a call. They came from all directions and in all ways; in companies, squads and singly. They only wanted a chance to "wipe out " that "abolition nest" at Lawrence. In a day or two some fifteen hundred men had gathered at Franklin, and along the Wakarusa, just clamoring to be led up to the hated town. They claimed to TO THE CLOSE OF THE REBELLION. 55 be acting as territorial militia though confessedly from Mis- souri. They had been organized and drilled at home and were all ready for the fray. It was much easier than to raise and equip a force in Kansas. The militia of Kansas was a myth while that of Missouri was a stubborn fact — very stub- born, it might be added. A force from pro-slavery Missouri would be more ready to do the bidding of the pro-slavery leaders than any that could be organized in Kansas. They camped mostly at Franklin, while detachments were stretched along the line of the Wakarusa. They expected to be led at once to Lawrence, but as they drew nearer they were disposed to hesitate. They had heard large stories about the Sharpe's rifles with which they understood the Yankees were armed. The rapidity with which they could be discharged and loaded, the great range at which they could do execution, and the terrible havoc of their bullets, had been told them in all degrees of exaggeration. William A. Phillips, correspondent of the New York Tribune, visited the camp. He claimed to be a mere traveler going through the country to see what was to be seen. He engaged them in conversation, and they became quite communicative. They were very anxious to know about those Sharpe's rifles. He told them they were ''loaded by machinery," and told them they could be fired "ten times a minute." They asked him how far they would carry. He said he did not believe all the stories about them. There were a great many big yarns afloat about the guns. He did not believe they would carry a ball much more than a mile with any degree of accuracy. So the story went around the camp that there were a thousand men in Law- rence, armed with these terrible guns, which were ''loaded by machinery, and would kill a man a mile away." The rumor did not tend to hasten an attack. But they kept up their bluster and their threats. When- ever their courage flagged at hearing such stories as we have 56 A HISTORY OF LAWRENCE referred to, they could always get their courage renewed at so much a flask. If their personal courage failed, the artificial kind was plentiful, and served their purpose just as well so long as no enemy was in sight. They soon invested Lawrence, guarding all the fords of the Wakarusa, and having a camp to the west on the Lecompton road. They ransacked the country for supplies, and corn cribs and hen coops suffered severely from the nightly attacks of these brave men. They kept the wdiole country in a state of terror, and many people abandoned their homes and sought safety in town. The attack on Lawrence, how^ever, was still delayed. Every day they clamored to be led up against the devoted place, but every day, for one reason and another, they decided to wait till morning. These whiskey soaked heroes were fond of telling the affrightened women and children what they were going to do when they *'once got into Lawrence." But every night they came back to camp, and Lawrence was spared "just one day more." The besieged meanwhile had not been idle. They knew the Branson rescue would be used as a pretext for calling the Missourians in to harrass and humiliate the free-state men. The committee of safety began to arrange for the defense of the town. The free-state men all over the territory became aware of the situation, and the various military companies came in to help their friends in Lawrence. About five hun- dred men came in thus from various points. It was not an easy matter to feed such a multitude. As in an earlier emergency, they had pretty much ''all things common." The most unfortunate were those who had something. All the resources of the place had to be put under contribution. Dr. Spring in his history says of this time: ''There was a general observance of decorum and order. Most of the citizens made a virtue of necessity, and contrib- uted freely wliat must have been rudely confiscated. In a TO THE CLOSE OF THE REBELLION. 57 single instance a little outbreak of violence occurred, expend- ing itself in the sack of a small tailor shop. One night during the siege, according to the story of a clerk, about twenty men, armed with revolvers, invaded the premises, and extinguished the candle by firing a tobacco box at it. ' Before I could light a candle,' the clerk continued, ' everything in the store was taken from the shelves and carried away.' A young woman who had the misfortune to keep a hotel, the Cincinnati House, in Lawrence during the impecunious era of the siege, wrote a few days after its close: ' It looked strange to see the street paraded from morning to night by men in military array; to see them toil day and night throwing up entrench- ments, to see them come in to their meals, each with a gun in his hand, sometimes bringing it to the table. How we toiled to feed the multitude, seldom snatching a moment to look on the strange scene and often asking, what are the prospects today.'" The Free-State Hotel was not finished, but it was used for military purposes, and was made quite comfortable as head- quarters. Several of the companies used it as a "barracks" for the accommodation of the "army." The soldiers spent their time during the day in throwing up earth works at the most exposed points. These earth works were circular, and some of them one hundred feet in diameter. The largest was at the crossing of Massachusetts and Pinckney streets, a little east of where the jail now stands. This was intended as a place of refuge for the women and children in case of an assault. It was built of hewn timbers, banked up with earth, and a deep trench dug all round it. It was five feet high. Another was at the crossing of Massachusetts and Henry streets. A third was near New Hampshire street, north of Henry. Two others were west of Massachusetts street, one of them on Kentucky street commanding the ravine. The enclosure at Massachusetts and Henry streets was arranged 58 A HISTORY OF LAWRENCE for cannon. Each of these defenses was in charge of an officer, and had a contingent of troops assigned to its defense. Thus the little community was entrenched on every side, and everything made ready for whatever might occur. There were fully six hundred men within the entrenchments, and two hundred or more were armed with Sharpe's rifles. In the afternoon of each day there was parade and drill, with band playing and fiags flying from all the principal points. Towards evening there would be a general gathering, and different persons would exercise the inalienable right of an American citizen and make a speech. After others had spoken Jim Lane would be called out, and would work the crowd up to the fighting point. Then Dr. Robinson would come for- ward and calm the frenzy and advise moderation and patience. To ''suffer and be strong " was a favorite phrase with him. As night came on the ''guard was mounted," and every approach to the town had its sentinel. These sentinels were posted in the outskirts and sometimes reached almost down to the enemy's line. It was not uncommon for the pickets of the two armies to meet. William A. Phillips, in his "Con- quest of Kansas," gives an instance of this kind: "One night when the free-state patrol approached the forks of the road where they were ordered to go, they met the enemy's patrol about twenty strong. One or two officers of the general's staff had volunteered that night, and General George W. Dietzler was in command of the guard. As they approached the place the leader of the enemy's guard shouted, "'Halt! Who goes there? Give the countersign.' " 'We have no countersign for you. We are the Lawrence guard.' " 'The Lawrence guard will file to the left,' said the border ruffian chief, and his own command drew off the road while we filed by them. The two companies thus passed each other, there being little more than the road between them." TO THE CLOSE OF THE REBELLION, 59 The guards were under strict orders to avoid a conflict. If there was to be any fighting, the other side must take all the responsibility of it. As the border ruffians tried every way to provoke a quarrel, this policy was sometimes quite exas- perating. But it was evidently the wiser as well as the more humane policy. In the day time there was less strictness. People came and went very much as they pleased. Many members of the other camp came into town at different times. Sheriff Jones him- self was often in town, and was never interfered with. He made no attempts to make any arrests. He doubtless w^ould have been glad if there had been violence offered him, as that would give him a new occasion for calling in his friends from Missouri to help him. There was policy in thus allowing these officers free access to the town. The excuse Sheriff Jones gave for calling out the militia was that he could not serve a writ in Lawrence, and that he needed three thousand men to assist him. Yet he and other officers could come into the town freely, and never were molested. The troops had been given him for a specified purpose, to aid him in making arrests. But there was no thought of resisting any arrest he might attempt to make. If he could only provoke the free- state men to violence he would have a case. But they steadily refused to be provoked, so they spoiled his case every time. During the progress or the "siege" it was learned that a twelve pounder howitzer had arrived at Kansas City for Law- rence. Captain Thomas Bickerton and two young men named Buffam went to Kansas City with teams to bring it up. When they arrived at Kansas City they found the commission merchant cross and unaccommodating. He wanted to know what was in the boxes before he would let them go out of his warehouse. One of the Buffam boys took an axe and broke into one of the boxes and said he believed it was a carriage. The merchant looked into the opening and saw the wheels, 6o A HISTORY OF LAWRENCE and was satisfied. The men then loaded their wagon with the "goods," and started for Leavenworth across the Dela- ware reserve. When they had crossed the Kansas river, they found the bluff leading up to Wyandotte very steep, and their heavily loaded wagons were "stuck." A company of border ruffians passed by, and they asked them to help. They said they were on their way to Leavenworth with goods, and the hill was too steep for their teams. Leavenworth being a good pro-slavery town all suspicion was removed, and the men put their shoulder to the wheels, and helped the Yankees up the hill with their cannon. As soon as they were well out of the Delaware reserve, they turned up the Law- rence road and made the best time they could towards the beleaguered city. When they drew near, word was sent to the free-state leaders, and twenty armed men were sent out to meet them, and the whole outfit was brought safely into town. About the same time it w^as feared the ammunition would run short. There was a lot of powder and ammunition for Sharpe's rifles at the house of a free-state man on the Santa Fe road. The problem was how to get it into town. At last two ladies, Mrs. S. N. Wood and Mrs. G. W. Brown, offered to get it. They went out in a buggy and were not molested. After reaching their destination the}^ stowed the powder and caps and other things among their clothing and started back. The ruffian pickets w'ere too gallant to molest ladies, and allowed them to pass the lines, and they brought their load triumphantly into town. The ladies helped in many other ways besides feeding the multitudes. Thus the whole popu- lation joined in the defense. There was nothing else to be done, and nothing else was done. The siege began about December ist and continued about a week. The general response of free-state men everywhere to " help Lawrence " was very encouraging. They had come from all parts and in every conceivable manner, on foot, on horseback and in TO THE CLOSE OF THE REBELLION. 6 1 wagons; singly and in squads and companies. Companies came in from Bloomington, Palmyra, Ottawa Creek, Osawato- mie and Topeka. The coming of a well armed company from Topeka was the occasion of great enthusiasm and a source of much encouragement. Localities were forgotten in the common danger. To let Lawrence fall was to expose all these settlements to a similar fate. It was one of those events which helped to bind the free-state men together, and prepare them the better for the long conflict that was coming. No matter where they lived they were all here for a common purpose, and they worked togethe r to a common end. They began to understand the gravity of the conflict, but no one was inclined to draw back. The more serious the conflict the more firm was their resolve. ''Their courage rose with danger." CHAPTER V. Governor Shannon Alarmed. — Telegraphs the President FOR Regular Troops. — They Do Not Come. — The Gov- ernor Visits Lawrence — Confers with the Free-state Men. — A Treaty of Peace. — The Militia Go Home. — A Love Feast at Lawrence. — The Murder of Barber. — Old John Brown. Governor Shannon soon began to see that he had raised a storm that he could nOt control. He had called out the militia to aid Sheriff Jones in enforcing the laws. But no resistance had ever been offered to any regular legal process. Jones often went through Lawrence, and could have served any legal writ he might have. There never had been any resistance in Lawrence. The rescue of Branson had occurred several miles from Lawrence. The citizens of Lawrence knew nothing of it. When Governor Shannon called out the Kansas militia the response came from Missouri. Of the fifteen hundred men camped at Franklin not over two hun- dred were from Kansas. They had come, too, for a purpose of their own. They had come to destroy Lawrence. They were eager to make an attack. They clamored to be led out to battle. They would have raised the black flag and marched without orders had they not conceived a wholesome fear of the Sharpe's rifles with which the defenders of the town were armed. They were a lawless lot, many of them. They roved about the country committing depredations, and a collision between the two opposing forces was liable to occur any day. The picket lines confronted each other, and a stray shot might at any time precipitate a conflict. Only the firm determination of the free-state men not to give any possible excuse for violence prevented serious results. Governor Shannon saw something of the danger and was anxious for TO THE CLOSE OF THE REBELLION. 63 a settlement. General L. J. Eastin, editor of the Leaven- worth Herald and commander of the northern brigade of the Kansas militia, wrote to the governor. He told him ''the outlaws," as he called them, were strongly intrenched at Lawrence and were well armed. They had cannons and Sharpe's rifles, and numbered about a thousand men. It was not going to be easy to dislodge them. The militia was dis- organized and poorly armed. He advised the governor to call on the authorities at Fort Leavenworth for government troops. This might overawe ''the outlaws" and prevent bloodshed. The governor at once telegraphed the president, stating the condition of things, and asking authority to call on the regular troops at Fort Leavenworth. He sent a dispatch also to Colonel E. V. Sumner, who was in command at the fort, to hold himself in readiness to march at once on receipt of orders from Washington. Colonel Sumner replied, under date of December ist, as follows: "I do not feel that it would be right in me to act in this important matter until orders are received from the govern- ment. I shall be ready to move instantly when I receive them. I would respectfully suggest that you make your application extensively known at once, and that you counter- mand any orders that may have been given the militia until you receive the answer." The colonel seemed to understand wherein the real danger lay. The real danger lay in the lawlessness of the "posse" which Sheriff Jones had gathered about him at Franklin. The governor accepted the suggestion. He wrote to Jones ordering him to refrain from any attempt to serve writs until the answer should come from Washington. But Jones did not relish the idea of submitting his action to the inspection of such a man as Colonel Sumner. He knew that he had no case which would stand for a moment in the eyes of a clear- headed, fair-minded man like him. He replied to the gov- 04 A HISTORY OF LAWRENCE ernor from the ''Camp at Wakarusa, " under the date of December 3rd, that the volunteer forces at that point and at LecOmpton were growing weary of inaction. He feared that they would remain but a few days longer unless a demand was made for the prisoner. He thought he should have a sufficient force to serve the writs by the next day. He was not disposed to disobey the governor's order, but he really thought the demand should be made just as soon as a suffic- ient force had been collected to enforce it. He added that the force at Lawrence was not nearly as strong as had been reported. He said he had sixteen writs to serve against persons in Lawrence. He could not give all the names as the writs were in his office at Lecompton. He said he had heard that the men who had aided in the rescue of Branson had been run out of town and probably could not be found. Governor Shannon received word from Washington that orders would be sent to Fort Leavenworth putting the United States troops there at his disposal. He was anxious Colonel Sumner should not wait for the formal orders, but move at once on the strength of his information. But Colonel Sumner refused to move until the orders were actually received. The orders never came and Colonel Sumner did not move. It has never been known why the orders promised by the president were never sent. Governor Robinson, in his ''Conflict," suggests the most probable explanation. Jefferson Davis was secretary of war. The pro-slavery leaders were anxious to bring about a conflict in Kansas. Technically the law was on their side, and the power was on their side. A conflict would embarrass and perhaps crush the free-state movement. Jefferson Davis doubtless knew the situation and was in the secret of the pro-slavery counsels. He therefore never sent the orders which had been promised by the president. While this w^as going on, the committee of safety at Law- rence were not idle. They wished to avoid a conflict, although LYMAN ALLEN. WESLEY DUNCAN. EARLY KANSAS PIONEERS. TO thp: close of the rebellion. 65 they were preparing for it. So long as the two armies lay side by side a conflict might occur at any hour. They knew that the governor had been misinformed and that there was no just reason for assembling so large a force on their borders. It was a continual menace and peril. They determined to lay the case before the governor, and appeal to him for pro- tection. They wrote to the governor, therefore, and sent the letter by a select committee consisting of G. P. Lowry and C. W. Babcock. ''To His Excellency, Wilson Shatinon, Governor of Kansas Territory : "Sir: As citizens of Kansas territory we desire to call your attention to the fact that a large force of armed men from a foreign state have assembled in the vicinity of Lawrence, and are now committing depredations upon our citizens, stopping wagons, opening and appropriating their loading, arrest- ing, detaining and threatening travelers upon the public road, and that they claim to do this by your authority. We desire to know if they do appear by your authority, and if you will secure the peace and quiet of the com- munity by ordering their instant removal, or compel us to resort to some other means and to higher authority." (Signed by the committee.) It was no easy matter to reach Governor Shannon. All the roads were guarded and all lines of communication closed. Lowry and Babcock had to work their way through the lines of the border ruffians as best they could. They were halted several times and detained, but they were equal to ,the emer- gency. Each time they beguiled the pickets and were allowed to pass on. At last they reached the governor at Shawnee, and presented him their letter. Their interview is set forth in G. P. Lowry's testimony before the congressional com- mittee. ''We got to Shawnee Mission a little after sunrise, and presented our letter to Governor Shannon. * * * Governor Shannon said that he would answer the letter, and we went out while he was doing so. When we returned we had a long conversation about these affairs. The governor said there 66 A HISTORY OF LAWRENCE had been sixteen houses burned by free-state men, and women and children driven out of doors. We told him we were sorry he had not taken the pains to inquire into the truth of the matter before he had brought this large force into the country, which perhaps he could not get out again; that this informa- -tion was wholly false, and nothing of the kind had happened. We told him what we knew of our personal knowledge, of men from Missouri being there. He was not inclined at first to admit that there was anybody from Missouri there. He made a general argument against the free-state men, and quoted their resolutions passed at different meetings in regard to the territorial laws. We explained to him that the terri- torial laws had nothing to do with this case. We were get- ting ready at Lawrence to fight for our lives, and the only question was whether he would be a particeps criininis to our murder, or the murder of somebody else, if we should all be slaughtered. We explained to him that the rescue, upon which he based his proclamation, took place a number of miles from Lawrence; that there were but three persons living in Lawrence who had anything to do with it, and they had left the town and were not there at all; that from what we could judge from the force at Wakarusa, at Lecompton, and in the country about, from their own declarations, they in- tended to destroy the town for a thing in which they had no part or parcel. *'We took our own individual cases as instances. We had not been present at the rescue; we did not undertake to have any sympathy with it, or talk about it at all. But if we sub- mitted to the force which he had called in, all our throats would be cut together — the innocent and the guilty — if there were any guilty. ''He denied that these Missourians were here by his author- ity; that he had anything to do with them, or was responsible for them. He said he had communicated with Colonel Sum- TO THE CLOSE OF THE REBELLION. 67 ner at Fort Leavenworth, and had sent an express for him to meet him that night at Delaware Ferry, and go with him to the camp on the Wakarusa. He said he should go to Law- rence and insist upon the people obeying the law^s and deliver up their Sharpe's rifles. We denied his right, or the right of anybody else, to make any such condition of a community, or make any such demand of them, until it had been shown that they had resisted the laws, which they had not done. There had as yet been no proceedings in Lawrence under the terri- torial laws. He had no right to presume that there would be any resistance to them w^hen they were instituted. He gave up that point after some argument. I asked him why he insisted on the giving up of the Sharpe's rifles, and if he intended to demand, too, western rifles, shot guns and other arms. He said he did not intend to demand other than Sharpe's rifles, but he intended to demand them because they were an unlawful weapon. After some time he said they were dangerous weapons, to which I agreed. I then told him if he had any such ideas in his head as that, he had better stay away and let the fight go on. I thought the thing was not feasible, and he would do no good by coming here, if those were his terms. I told him he might as well demand of me my pocket-book, or my watch; and I would resent the one no more than the other. I told him I did not consider myself safe, or that General Robinson or Colonel Lane would be safe, in going before our people with any such proposition. ''He then gave us the letter and we started to Kansas City to change horses." Governor Shannon now began to ''see men, as trees, walk- ing." He saw at least that he had acted without investigat- ing the grounds of his actions. The rumors of free-state outrages he had accepted as true. He now found they were false. He had called a great army to enforce laws which had not been resisted. Whatever the people of Lawrence had 68 A HISTORY OF LAWRENCE said about the territorial laws, they had not resisted them, for no attempt had been made to put them into operation. They certainly had not merited extinction at the hands of a mob, and they were only doing what any set of men would do: de- fending their lives. He saw that his hasty proclamation had brought a lot of Missourians into Kansas, and sectional pas- sions, as well as hate, had been appealed to. A bloody con- flict was likely to occur, and he would be held responsible for the consequences. His first work was to get rid of the sheriff's posse without any further depredations. This was not an easy thing to do. Many of them were border desper- adoes full of bad whiskey and worse passions. They had come swearing that they w^ould "cut the heart out of some abolitionist" before they went back. While they shrank from confronting the Lawrence rifles, they were not disposed to be foiled in the purpose for which they came. Now that the governor began to understand the situation, he was anxious to avert any further violence. He repaired at once to the Wakarusa camp to endeavor to persuade the men to go home, and let peaceful measures be tried. He arrived at the camp on the evening of December 5th. He found that many of the officers had come to a ''realizing sense" of the awkwardness of the situation, but the rank and file were still of the idea of "helping Jones wipe out Lawrence." They had been waiting from three to five days, living on what they could steal of the people, and drinking up their stock of whiskey. The}^ were not disposed to go back till they had fin- ished their work. The governor w^as anxious to have Colonel Sumner with him to help in the negotiations, and to enforce the conclusions they might reach. His letter to him was as follows: "Wakarusa, December 6, 1855. "Colonel Sumner, First Cavalry, U. S.: Sir: — I send you this special dispatch to ask you to come to Lawrence as soon as you possibly can. My object is to secure the citizens of that place as TO THE CLOSE OF THE REBELLION. 69 well as others, from a warfare which, if once commenced, there is no telling where it will end. I doubt not that you have received orders from Wash- ington, but if you have not the absolute pressure of this crisis is such as to justify you with the president, and the world, in moving* to the scene of the difficulty. " It is hard to restrain the men here (at least they are beyond my power, or soon will be) from making an attack on Lawrence. The presence of United States troops at Lawrence would prevent an attack, save bloodshed, and enable us to get matters arranged in a satisfactory way; and at the same time secure an execution of the laws. It is peace, not war, that we want, and you have the power to secure peace. Time is precious; fear not that you will be sustained. "With greatest respect, "Wilson Shannon." Colonel Sumner had received no orders from Washington, and he was too much of a soldier to move without orders. He therefore very courteously but firmly declined. After conferring with the officers at the Wakarusa camp, Governor Shannon sent word to Lawrence that he wished to visit that place in the interests of peace, and asked for an escort. An escort was furnished, consisting of leading citizens of the place, led by G. P. Lowry. The governor was accompanied by Colonel Boone, of Westport; Colonel Kearney, of Independence, and General Strickler, also of Missouri. He entered Lawrence December 7th and went at once to the rooms of the committee of safety at the Free-State Hotel. The committee of safety was represented by Dr. Charles Robinson and Colonel James H. Lane. The inter- view lasted over an hour. He heard the whole story from the free-state standpoint, and found that he had been entirely misled as to the condition of affairs. He suggested that a memorandum of a treaty be drawn up which could be pre- sented to the other camp as a basis of settlement. He also urged that they surrender their arms as a condition and pledge of peace, but this they refused to do. He returned to the camp at Wakarusa, and insisted that 70 A HISTORY OF LAWRENCE no movement should be made while negotiations for peace were going on. The men in camp were almost in a state of mutiny, and were threatening to raise the black flag and march on Lawrence, orders or no orders. But the governor insisted that the officers must repress any such movement, as an ''attack on Lawrence, in the present state of negotiations, would be most unjustifiable." Having done all in his power to impress his views on the officers, and to quiet the ugly temper of the men, he returned to Lawrence in the evening to complete the work. He had drawn up a paper as a basis of a treaty, and the free-state leaders had also drawn up one. With a few verbal changes that presented by the free-state men was accepted by the governor. The governor accepted it for himself and the leaders of the invading army, and Robinson and Lane for the people of Lawrence. The "treaty" was as follows: "TREATY OF PEACE. " Whereas, there is a misunderstanding between the people of Kansas, or a portion of them, and the governor thereof, arising out of the rescue at Hickory Point of a citizen under arrest, and other matters; and " Whereas, a strong apprehension exists that said misunderstanding may lead to civil strife and bloodshed; and " Whereas, it is desired by both Governor Shannon and the citizens of Lawrence and its vicinity to avoid a calamity so disastrous to the territory and the union, and to place all parties in a correct position before the world, now therefore it is agreed by said Governor Shannon, and the undersigned citi- zens of the territory now assembled, that the matter be settled as follows, to- wit: "We, the said citizens of said territory, protest that the said rescue was made without our knowledge or consent, but if any of our citizens were engaged in said rescue, we pledge ourselves to aid in the execution of any legal process against them; that we have no knowledge of the previous, present or prospective existence of any organization in said territory for resistance against the laws, and that we have not designed, and do not design, to resist the legal service of any criminal process therein, but pledge ourselves to aid in the execution of the laws, when called on by proper TO THE CLOSE OF THE REBELLION. 7I authority, in the town or vicinity of Lawrence, and that we will use all our influence in preserving order therein; and we declare that we are, as we ever have been, ready at any time to aid the governor in securing a posse for the execution of such processes: Provided that any person thus arrested in Lawrence or vicinity, while a foreign force shall remain in the territory, shall be examined before a United States judge of said territory in said town and admitted to bail; and provided further that Governor Shannon agrees to use his influence to secure to the citizens of Kansas territory remuneration for any damage sustained, or unlawful depredations, if any such have been committed by the sheriff's posse in Douglas county; and further that Governor Shannon states that he has not called upon persons resident in any other state to aid in the execution of the laws, and such as are here in this territory are here of their own choice, and that he has not any authority or any legal power to do so, nor will he exercise any such power, and that he will not call upon any such citizen of another state who may be here: That we wish it understood that we do not herein express any opinion as to the validity of the enactments of the territorial legislature. (Signed) "Done in Lawrence, Kansas, } "Wilson Shannon. December 8, 1855. f .-C. Robinson. "J. H. Lane." The agreement was very adroitly drawn, and the last clause in regard to the territorial legislature, left it an open question as to what was meant by "legal processes" and ^'proper authorities." Each side could put upon these phrases the interpretation which suited them. When it was read to the people of Lawrence, therefore, they all assented to it, and the "treaty" was ratified as far as they were concerned. The next point was to secure its adoption by the invaders at Franklin. This was the principal object of the treaty, to persuade these ruffians from Missouri to go home. This was no easy matter. They came up with a great deal of bluster, and had swaggered around for a week, boasting the great things they were going to do. To go home without doing anything, and acknowledge themselves outwitted, was very humiliating. 72 A HISTORY OF LAWRENCE Governor Shannon was extremely anxious to affect a settle- ment. He realized that the difficulty would be with the invading army. They were beyond his control, and the officers had little authority. Discipline was little more than a form and the whole multitude was coming to be a disorgan- ized mob. Governor Shannon had arranged to have a joint meeting of the leaders of each side. He asked that a delega- tion from Lawrence go with him to Franklin and meet with the leaders of the opposite party. Lane and Robinson went with him, when he took the treaty, to explain more fully the attitude of the free-state men. This meeting is best described in Governor Robinson's own language, as found in his ''Con- flict:" ''At the meeting, in an unfinished building. Governor Shannon led off with an explanation of the settlement, giving the position occupied by the citizens of Lawrence. After him Colonel Lane attempted to speak, but his opening so offended the thirteen' militia captains that they started to leave the room, saying they did not come to be insulted. The governor begged them to remain and hear Dr. Robinson. Lane did not proceed, and Robinson in a few words explained the action of the citizens of Lawrence, saying that no attempt had ever been made to serve any process by any officer, real or pretended. Jones was appealed to by a military captain to know if Robinson told the truth. Jones replied that he did. 'We have been damnably deceived, then.' As to the Sharpe's rifles, Robinson appealed to them to say if they w^ould as American citizens submit to be deprived of their constitutional right to bear arms, or if they would respect any people who would submit. The leading men saw their predicament, and said: 'Boys, it is no use. They have got us. We can do nothing this time.' The conference ended with a pressing invitation to remain to supper. This Robin- son and Lane, as it w^as getting dark and a cold north wind TO THE CLOSE OF THE REBELLION. 73 had arisen with heavy sleet, tried to decline. But they said Governor Shannon and party had dined with Robinson, and no refusal would be accepted. When supper was over it was so dark no object was visible, and the sound of the horses' hoofs on the hard ground was the only guide. A solitary horseman started to escort the visitors through the line, but he proceeded only a few hundred yards when he said good- night, and left his charge to get through the lines as best they could. At this Lane said: 'Hurry up. This means assassin- ation. They mean to kill us.' He started his horse on a run. * * * Deep gullies had been washed in the road at this point, causing the travelers to turn sharply to the right to avoid them. As Robinson's horse was on the left, his horse ran into one of these gullies, while Lane's horse escaped. The horse fell with great force, and for some minutes was unable to rise. No damage was done, however, except the delay." Sheriff Jones and his friends were very sullen at the turn affairs had taken. All the hot-heads were very bitter at the governor for interfering, and there was a good deal of grum- bling in the invaders' camp. But the old saying that ''for- tune favors the brave " was again made good. The weather had been delightful during the whole week, so that many of the soldiers on both sides were in summer clothes. But on Saturday, December 8th, the day of the treaty, there was one of those sudden changes for which Kansas is noted. The wind veered to the north, and in the evening a tremendous sleet storm set in — a regular Dakota blizzard. Though Da- kota was not then known, her blizzards were as terriffic as they have been since. The cold became so intense that the zeal of the Missourians was cooled off, and even "Dutch courage" was found to be a poor defense against ten degrees below zero. The blustering braggarts of a sunny afternoon " Now folded their tents like the Arabs," 74 A HISTORY OF LAWRENCE and scud for home. They might defy the governor's procla- mation, but when the north wind joined with the governor, they yielded and fell into line for the home march, or more properly the home rush. Governor Shannon returned to Lawrence after peace was assured highly pleased with the outcome of affairs. In the evening the ladies arranged a sort of banquet in his honor. They all did their best to make it pleasant for the governor. Although it was Sunday evening, and Lawrence was a sort of Puritan town, neither the stillness of the Sabbath nor the austerity of Puritan customs characterized the banquet. Dr. Robinson and a large portion of the people of Lawrence were teetotalers, yet there is a tradition that tea was not the only drink furnished. At all events the governor was delighted, and said it was the ''happiest day of his life." Lawrence people were also happy. But the course of true love never did run smooth, and some boulders were thrown into the course of this current. Right in the midst of this delightful "era of good feeling" a report was brought in that the Mis- sourians, instead of going home as the governor had ordered them, were marching on Lawrence and were going to "wipe it out." The thing was not at all unlikely, and when the report came to the governor's ears he was very much disturbed. He knew these fellows had no very kind feelings towards him. If they came he would fare no better than the hated aboli- tionists. "What shall we do ?" said Robinson. "Call out your men and defend the town as best you can." "But the charge against us has been acting without au- thority, and defying the law." " I will give you authority," the governor said. He at once wrote out the following paper: " To Charles Robinson and J. H. Lane: " You are hereby authorized and directed to take such measures and use TO THE CLOSE OF THE REBELLION. 75 the enrolled forces under your command in such m.anner, for the preserva- tion of the peace and property of the people of Lawrence and vicinity, as in your judgment shall best secure that end. "(Signed) Wilson Shannon. "Lawrence, December 9, 1855." The foe did not come. It was a very common feeling that the free-state men did not expect him. It was the common opinion that the report came from another room in the hotel, and was intended to accomplish just what it did accomplish. When Governor Shannon learned several days after that a hoax had been perpetrated on him for the sake of securing the order he had written for Robinson and Lane, he ''let his angry passions rise," and expressed himself in some vigorous English. Monday evening, December loth, there was a grand peace party at the Free-State Hotel. Governor Shannon did not remain, but a number of the invaders were there as invited guests, and among them Sheriff Jones. The hotel was illum- inated, a long table was spread, the band played, and speeches were made by Robinson and Lane and many others. The festivities continued until far into the night. The next day, Tuesday, the soldiers were dismissed and went home rejoicing. The companies from a distance w^ere cheered by the Lawrence people as they passed out. The only casualty of the siege was the killing of Thomas W. Barber. Andreas, in his history, gives an account of this murder, which is perhaps as near the truth as it is possible to get: ''Thomas W. Barber, with his young wife, had taken a claim just north of the Wakarusa, seven miles above Blanton's bridge, about eight miles southwest of Lawrence, and perhaps a mile on the road between the Bloomington settlement and that town. He had gone up to the defense with the rest of the Bloomington free-state men, contrary to the wishes of his wife, who had strong premonitions, which she expressed to 76 A HISTORY OF LAWRENCE him, that he would never return ahve. On Tuesday noon, December 6th, all being quiet, but the town being still in a state of siege, he started to visit his wife, in company with his brother, Robert, and his brother-in-law, Thomas M. Pear- son, both members of the same company, and having claims near his. His companions had revolvers. They w^ere all mounted, and had ridden some three miles out of Lawrence when they discovered a party of horsemen, numbering ten or twelve, approaching them from the direction of Lecompton. It afterwards proved to be a party from the camp near that place on their way to the Wakarusa camp. Two of the party, George W. Clarke, government Indian agent for the Potta- watomie Indians, and James Burnes, known as Colofiel Burnes, a merchant of Westport, Missouri, left the main party, rode across so as to confront them in their road, and ordered them to halt. Angry words were bandied, the Bar- bers refused to turn back at the command of the highwaymen, who obstructed their way. Pistols w^ere drawai on both sides, and shots fired. Thomas Barber, the only unarmed man, received a shot in his side. He rode a hundred yards, told his brother, with a faint, sickly smile, that 'that fellow hit him.' He rode sw^aying in his saddle supported by his brother a little further, then slipped off in the dust, and died a little later in the road. His brother and Pearson, fearing further violence, fled, leaving the body in the highway. The credit of the murder was claimed by both Clarke and Burnes. Neither of them knew which fired the fatal shot. Clarke said to an acquaintance three days after, ' I tried to kill him, and if it was not me, I wish it had been.' History will rank them as a brace of murderers, it matters not who gave the coup de grace. " When the body of Barber was brought . to Lawrence the settlement was at fever heat. Only the cool counsel of Rob- inson and other leaders prevented the armed men from rush- TO THIC CLOSE OK THi: R IlISELLION, 77 ing out and attacking the invaders in their camp and avenging the murder of their comrade. The body of Barber lay in the hotel the next day when Governor Shannon came to confer with the committee of safety. He was much moved by the sight, and it had much to do with his eagerness to bring about a peaceful settlement. The funeral of Thomas W. Barber was one of the closing features of the campaign. The military companies attended and the scene was very solemn and impressive. Dr. Robin- son pronounced a funeral oration which is interesting as showing the temper of the times. The oration was published later in the Herald of Freedom. The following extract will show the tenor of the speech: ''By whose act do the remains of the lamented Thomas Barber now aw^ait interment at our hands? By whose hand is his wife made a widow? By whose instrumentality are we made to mourn the untimety fall of a brave comrade and a worthy citizen? Report says Thomas Barber was murdered in cold blood b}^ an officer, an officer of the government, who was a member of the sheriff's posse, which was commissioned by the governor, who is backed by the president of the United States. Was Thomas Barber murdered? Then are the men who killed him, and the officials by whose authority they acted, his murderers. And if the laws are to be enforced, then w^ill the Indian agent, the governor, and the president, be convicted and punished for murder. There is work enough for the law and order men to do, and let us hear no more about resistance to the laws, until this work is done. If all Missouri must be aroused, and the whole nation convulsed to serve a peace warrant on an unoffending citizen, may we not expect some slight effort to bring these capital offenders to justice? " No effort was ever made to bring these ''capital offenders to justice," and they not only remained at large, but boasted of their deed as something to be proud of. 78 A HISTORY OF LAWRENCE Another incident of the Wakarusa war is alluded to by Prof. L. W. Spring in one of the most eloquent passages of his book. Having spoken of the general satisfaction with which the treaty of peace was received, he quotes an excep- tion. ''A single voice was raised in solemn and public protest against the peace. After the treaty and its stipulations had become known; after the speeches of felicitation on the happy subsidence of troubles which threatened to engulf the settle- ment, had been made, an unknown man — tall, slender, angu- lar; his face clean shaved, sombre, strongly lined, of Puritan tone and configuration; his blue-gray eyes honest, inexorable; strange unworldly intensities enveloping him like an atmos- phere — mounted a dry goods box and began to denounce the treaty as an attempt to gain by foolish uncomprehending make-shift what could be compassed only by shedding of blood. Since that day the name of this unknown man, plucked down from the dry goods box with his speech mostly unspoken, has filled the post horns of the world — Old John Brow^n." This was the first appearance of old John Brown among the free-state men of Kansas. His sons had come to Kansas the year before, to make themselves homes in the new country. They were so annoyed and harrassed by marauders from Missouri that they wrote to their father for arms to defend themselves. The old man had been for years a foe of human slavery. He concluded it was time to strike a blow for free- dom. So he came out to Kansas to join his sons, and arrived some wrecks before the Wakarusa invasion. When he heard of the siege of Lawrence, he started with his four sons for the place to join in the defense. He arrived the day Governor Shannon came to confer in regard to peace. Pie was wel- comed and put in command of a company. He did not like the treaty of peace. He thought the miscreants should have TO THE CLOSE OF THE REBELLION. 79 been driven away by bullets, and taught a lesson, and not parleyed with. But the people were too glad to be relieved from the strain and peril, and refused to listen to him. John Brown was one of the unique characters which the Kansas struggle drew out. He was a man by himself. Very few of the free-state men agreed with him in his policy or action. Many of them were in constant fear that he would precipitate a conflict b}^ some rash deed. He came to Kansas because he hated slavery, and his hatred of it was as a fire to his bones. He had a further thought than the freeing of Kansas. As he said to Governor Robinson once, ''he wanted to strike a blow at slavery." A little incident in his early life may throw light on his later conduct. In 1837 the family lived on a farm in the Western Reserve, Ohio. They were members of the village church near by. When Elijah P. Lovejoy was killed at Alton by a pro-slavery mob, the news reached the village on the evening of the week-day prayer meeting. The members of the church all being intensely anti-slavery, the killing of Lovejoy became the theme of the meeting. John Brown and his father were present. After the meeting had proceeded some time, the elder Brown arose and offered a marvelous prayer. He seemed to take the case right up to the heavenly court, and lay it before the Righteous Judge. Everybody was electrified by the prayer. At its conclusion John Brown arose and made a vow, that "he would devote his life to unceasing hostility to human slavery." One is reminded of the boy Hannibal, taken by his father into the Carthagenian temple, and made to swear eternal enmity to Rome. Thirty years later that vow echoed on the plains of Italy in the tramp of conquering legions. And the vow of this young man in the village church in Ohio echoed, eighteen years later, on the plains of Kansas, and a few years later still echoed again in the tramp of armies, who sang; " John Brown's body lies mouldering in the grave While his soul goes marching on." CHAPTER VI. A Hard Winter. — Conflict Takes a New Form in the Spring. — The Courts Come to the Rescue. — Judge Lecompte's Charge. — The Grand Jury's Indictment. — High Treason. — The Sacking of Lawrence. — Burning of the Free-State Hotel and Printing Offices. The year 1855 had been a year of much progress in Lawrence. Immigration flow^ed in continually, and many improvements were made. The hay tent seems to have dis- appeared, and the shake shanty and the log cabin took its place. There were even a few fairly built frame houses erected, and some of stone or "concrete," as it was called. The people were more comfortably housed than they were the year before. Still there was a good deal of exposure and a good deal of suffering, as many new-comers were but very inadequately sheltered. Most of the business houses were temporary affairs made to serve the occasion. The most sub- stantial improvement was the building of the Free-State Hotel on the site of the present Eldridge House. It was built by the Emigrant Aid Company at a cost of about $20,000. It was fifty feet front and seventy feet deep, three stories high, with a basement story. It was of stone and quite solidly built. It was begun in the spring of 1855, but not completed until the following spring. The roof was on at the time of the Wakarusa war, and it furnished an excellent shelter for the troops and headquarters for the leaders. It rendered import- ant service even in its unfinished condition. Three churches were formed during this year, 1855. In the spring of that year Rev. Ephriam Nute was sent out by the American Unitarian Association, and commenced holding services in the open air. About the same time Mr. E. B. Whitman, a man who had been prominent in educational WILSON SHANNON, Territoiial Governor ■5r)-5(i CHARLES ROBINSON, IMrst Gioveriioi' of Kansas. C. W. BABCOCK. SOLON O. THACHER, President Teritorial Council. Tern. Cliairman Constitutional Convention MEN WHO MADE KANSAS HISTORY. TO THE CLOSE OF THE REBELLION. Si affairs in Massachusetts, came to Lawrence and joined with Mr. Nute in the work of developing a Unitarian Church. They took steps towards securing a house of worship, but the troubles of the summer prevented their doing much at that time. Mr. Nute was quite prominent in public affairs. He was a man of fine address, great energy, and was perfectly fearless in speech and conduct. His spirited letters to eastern papers did much to increase the public interest in the Kansas- question. The Methodists commenced services in Lawrence late in the fall of 1854, and a class was formed in the following spring. But the class became scattered and soon disbanded. During the summer, however, Rev. L. B. Dennis succeeded in making a .permanent organization. They held their ser- vices in the open air under one of the trees in Central Park. Here the church was 'formed, and here they continued to worship during the summer. Later in the season they secured a room in the "Union House," and the following summer they worshiped again in a tent. The Baptist Church was formed June 25th, 1855, and included the following persons: J. S. Emery, M. M. Ham- mond, S. Jones, Rebecca W. W. Jones, W. F. Herrick, Lydia A. Herrick, Elizabeth Parks. They worshiped in the private homes of the members for several months, and then in more public rooms and halls as they could secure them. The times, however, were not favorable for church work or church growth. The disturbances kept the minds of the peo- ple in a continual ferment all summer, and little else was thought of beyond the public defense. All the religious services were compelled to adapt themselves to the exigencies of the times. They were held here and there as was found possible, and sometimes they were entirely suspended for weeks together. It was no unusual thing for church services to be interrupted by a call for the men to rally for the defense 82 A HISTORY OF LAWRENCE of the town. At other times the women and children only met, the men being away on duty. One of the pastors of this period writes: ''All the public buildings are turned into barracks, the preaching hall with the rest, and nothing is thought of but the best means of defense." The same happened in regard to the schools. The people were determined to have a free school whenever possible. Mr. E. P. Fitch opened a school in January of this year, 1855, and Miss Kate Kellogg opened a school in June and continued three months. But the disturbances so thickened later on that no further effort was made in this line until the following year. There had been much more progress in the unifying of the community than in the enlarging of it. They were all inspired by a common purpose, and they were all confronted by com- mon danger. These two causes drove the community together in a peculiar way. They felt the need of each other's sym- pathy in a way that created a peculiar bond, and the compan- ions of those trying times ever after had a strong interest in each other. They knew each other better than citizens of older communities after years of association. They were so dependent on each other, both for protection and friendship, that the common jealousies and cliques and classes that usu- ally play so large a part, had little chance to develop. In a very peculiar way and in a very unusual degree they were a unit, understanding each other and helping each other. Their attitude towards the territorial laws made them unusu- ally considerate of one another. They did not recognize the territorial laws, and so could not appeal to the territorial courts. They had to settle their differences among them- selves. This made them very careful to avoid differences and disputes. It put them all "under bonds to keep the peace." Another peculiaritv of this time was the identity of interest in town and country. As far as community of feeling was TO THE CLOSE OF THE REBELLION. 83 concerned, the country about Lawrence for fifteen miles was simply an extension of Lawrence itself. They had all come for one purpose, and they all had one cause. Their attach- ment to the common cause was stronger than any local attach- ment. They were all one community, and whether they happened to live inside the limits or outside made little dif- ference. They had come to make Kansas a free state: that was the common bond. Where they should live was a sec- ondary consideration. Some of them remained in town, and others went out into the country; but they were none the less one people, with one chief purpose. As far as interest and loyalty was concerned, Lawrence had just as good citizens ten miles out as in the center of town. They were all one compact people. To the westward, for example, the Barbers, Thomas Pierson, Captain Walker, Charles W. Smith, and many others, were just as loyal to Lawrence and just as ready to rall}^ to her defense as if they lived within the limits. To the east and south it was the same way. Major J. B. Abbott, a man of rare courage and coolness, lived beyond the Waka- rusa. He was born a leader, and did a great deal of valliant service. He was a sort of outpost to Lawrence. They began to touch Lawrence when they came to where he lived, and were very apt to feel something of the force of Lawrence as well. Then still further out there was Thadeus Prentice, an original character, who in appearance might be considered a companion piece to Jim Lane. He had a rare faculty of getting news. If any mischief was brewing in his direction, he would somehow get wind of it by a sort of instinct, by a sort of sixth sense. Whenever he felt that there was some- thing in the air of this kind, he would mount his horse and ride into Lawrence. Whenever the people saw the tall,, gaunt figure of ''Thad. Prentice" coming down the street, they knew that it was "tidings, my Lord, tidings." He always came in with a smile, greeting his friends on the street 84 A HISTORY OF LAWRENCE as he passed. He had many quaint expressions which came to seem like a part of him. If everything was favorable he would reply to the questions asked him, ''Oh, everything is lovely and the goose hangs high." These are but a few of those who, all around Lawrence, were just as much interested in her defense as those who lived within the town limits. Up to December 8th the winter had been very mild. On the evening of that day a cold rain set in, which soon changed to sleet and snow. From that on the winter was very severe, said by some to be the severest ever known in the history of Kansas. The settlers were poorly prepared to face such a wmter. The previous winter had been so mild that the need ot protection against cold was not understood. The houses were open and exposed. Log cabins poorly chinked and shake shanties with gaping sides w^ere a poor defense against a genuine northwester. The wind found its way through openings in the sides, and the snow sifted through the loosely constructed roof. It was no unusual thing to find six inches of snow on the floor in the morning. One lady said that water often froze upon her shawl as she stood over a hot stove cooking breakfast. Colonel Sam Walker says in a letter "that they often had to go to bed to keep from freezing." The severity of the winter had one favorable effect. It put a stop to all military movements, and if the people were cold they were quiet. They did not have to stand guard by night, nor march against the foe by day. They did not have much, but they were not in constant fear of having what little they had stolen. A letter written by Captain Sam. Walker during this winter may be taken as illustrating the common condition: ''I failed to complete my log house before the v/inter of 1855-56 set in. The sides were up, roofed, and partly plas- tered when the Wakarusa war interrupted work. On my return home, on the conclusion of p^ace, the cold was so TO THE CLOSE OF THE REBELLION. 85 severe that nothing more could be done, and we had to shift the best we could till warmer weather. Our cabin had no floor, but we were as well off in this particular as most of our neighbors. Chinks and fissures abounded in roof and gable, as the green slabs with which they were covered warped badly. Seven of us made up the family, five children mostly small. At times when the winds were bleakest we actually went to bed as the only escape from freezing. More than once we woke in the morning to find s-ix inches of snow in the cabin. To get up and make one's toilet under such circum- stances was not a very comfortable performance. The wolf was never very far from our door during that hard winter of 1855-56." Though the settlers were not molested during this severe weather, they knew the quiet was only temporary. The opening of spring would bring a renewal of hostilities. The hordes that had left Franklin so sullenly did not propose to drop the controvers}^ They saw they had made a mistake, and the free-state men had profited by it. Next time they would plan more wisely. They would not be caught in court again without a case. All over Missouri and the south preparations were going on to push the controversy to a successful issue for slavery. The shrewdest men in the land were planning together for the summer campaign. The general idea was to make it so uncomfortable for the free- state men that they would flee the country, and so that others would not come. The line of attack was not hard to determine. The free- state men occupied a position that was difficult to maintain. They knew that the Shawnee legislature had been elected by Missouri votes. They pronounced its enactments an imposi- tion and a fraud. They determined to ignore them and as far as possible to nullif}^ them or destroy their effect. The laws were of the most extreme pro-slavery type. They not only 86 A HISTORY OF LAWRENCE protected slave property, but punished all acts and expressions against slavery with great severity. They could not even discuss the subject without becoming liable to criminal prose- cution. Their only course was to ignore these laws and practically nullify them. Then nobody would dare to bring any slaves into Kansas. If there were no slaves in Kansas, slavery would not really exist, even though the laws did recognize it. In two years there would be another election, and by that time the free-state men felt they would be strong enough to take possession of all the machinery of government and shape the laws to suit themselves. If they could only keep things as they were till the next election, immigration from the north would do the rest. The pro-slavery people, on the other hand, strove to force an immediate issue. They laid their plans to compel the free-state men to recognize the bogus laws, or else resist the officials charged with their enforcement. The problem of the free-state men was to ignore the bogus laws and yet avoid a collision. They might suffer violence, but as far as possible they were to avoid doing violence. Above all they were to avoid any collision with the authority of the United States. Another element entered into the problem which must be mentioned that the whole situation may be understood. That element grew out of what has been referred to as the "Topeka movement." The free-state policy had its negative side in the rejection of the bogus laws. It had its positive side in the adoption of the Topeka constitution. During the autumn of 1855 the free-state people held a constitutional convention at Topeka which framed a state constitution. They then sent it to congress and asked to be received into the union as a state. The house of representatives passed the bill admitting Kansas as a state, but the senate rejected it. Thus thejiiove- ment failed in congress, but it was kept alive in Kansas as a rallying point of defense. An election was held in January TO THE CLOSE OF THE REBELLION, 87 for state officers, and Dr. Robinson was elected governor. The legislature then chosen met in March and organized, and Governor Robinson sent in his message. No attempt was made, however, to put the state government into operation. But the thought was to do this if the situation became intol- erable. The occasion never came and the Topeka government and constitution never went into effect. As spring opened the policy of the pro-slavery men began to manifest itself. It was a deeply laid, shrewd scheme. It went on the assumption that the attitude of the free-state men toward the bogus laws was rebellion, and that the actors in the Topeka free-state movement were guilty of treason. They proposed to have the free-state leaders indicted for high crimes, and either have them arrested or compelled to flee from the territory. This will give a general clue to the new line of attack, and will show the animus and purpose of the violent proceedings which followed. One of the difficulties of such a position as the free-state men were trying to maintain is that somebody is liable to go beyond the bounds: defined by those who marked out the policy, and commit some deed which is abhorrent to them all, and which compromises them all. This happened several times during the Kansas struggle, and made that struggle much more severe and embarrassing. Such a thing happened just at the juncture of which we are speaking. The free-state men often had occasion to pray, ''Save us from our friends." April 1 8th Sheriff Jones came into Lawrence to arrest some of the Branson rescuers. He did not succeed, and appeared again the next day and tried to arrest Samuel F. Tappan, but Tappan struck him in the face and escaped. This was as good a thing as Jones wanted. He now applied for a posse, and the governor gave him an officer and ten soldiers. April 23rd he appeared in town thus supported and arrested a number of citizens on various charges, most of them for A HISTORY OF LAWRENCE '^ contempt of court" in not assisting him to make arrests on his previous visits. He was particularly offensive and inso- lent, and remained in towm over night. While he was in the tent of his military posse, someone in the darkness outside shot him and wounded him. The man who fired the shot disappeared, but the citizens disavowed the act and offered five hundred dollars reward for the arrest of the assassin. Still they were held responsible for the crime, and it was used with great effect in stirring the passions of the pro- slavery people. It has never been known how severe a wound Jones received. He was reported in the pro-slavery papers as '-'foully murdered," ''mortally wounded," "struck down in the night." As he was able to lead in the sacking of Lawrence less than a month after, his wound could not have been so very severe. But the affair was very unfortunate, as it added to the flame and placed the free-state men in a very awkward position. The pro-slavery people brought to their aid the powerful influence of the judiciary of the territory. They had the forms of law, and they proposed to use them for all they were worth. The grand jury of Douglas county met at Le- compton early in May. Samuel D. Lecompte gave a charge which foreshadowed the new line of attack. He defined treason so as to point very plainly to the leaders of the free- state party. Among other things he said: "This territory was organized by an act of congress, and so far its authority is from the United States. It has a legisla- ture elected in pursuance of that organic act. This legisla- ture being an instrument of congress by which it governs the territory, has passed laws. Those laws, therefore, are of United States authority and making, and all who resist those 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 you must, i ^ TO THE CLOSE OF THE REBELLION. 89 under your oath, find bills against them for high t^^eason. 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 notoriety have been aiding and abet- ting in such combinations, then must you find bills for con- structive treason.'''' The mill having been set up by the chief justice, the grand jury began to grind out its grist of indictments. The first victim was ex-Governor Reeder. He was summoned before the grand jury, but he refused to obey the summons, as he was then attending the sessions of the congressional investi- gating committee, which was sitting in Lawrence. Deputy Marshal Fain then came to him vvith an order for his arrest for contempt of court. Reeder refused to be arrested, and told the marshal to touch him at his peril. This only made matters worse, as he would now be indicted for resisting an officer. He soon saw there was no escape except in flight. He fled in disguise to Kansas City, where he was concealed for several days in a friendly hotel. He was taken on board a steamboat going down the river. Going to a wooding sta- tion, below Kansas City, he jumped aboard disguised as a wood chopper. The captain of the boat of course was in the secret. He thus passed down the Missouri river and escaped safely into the free states. In the rooms of the State Histor- ical Society at Topeka is a painting of Governor Reeder as he appeared in disguise. He is dressed as an Irish laborer, with a stick in his hand, an old clay pipe in his mouth, and an ax on his shoulder on which is suspended his ''luggage" tied up in a handkerchief. It would be an expert detective who would suspect that this curious outfit was taking the distin- guished ex-governor of Kansas out of the territory. The plan of the grand jury was to proceed rapidly against all of the free-state leaders — Robinson, Lane, Wood, Brown, Jenkins, and others — and have them indicted for treason go A HISTORY OF LAWRENCE These men would either have to leave the country or be arrested and held as prisoners. Either result would tend to demoralize the free-state men. The jury conducted their business in secret, and did not intend to have their plan made public till they were ready to execute it. But one of the jurymen, who had a warm side towards some of the free-state men, warned them of their danger. All the men connected with the defense of Lawrence, and all those connected with the Topeka state government were to be indicted. Congress- men Howard and Sherman, of the congressional committee, and Governor Robinson and others held a council that night to decide upon a line of action. It was decided, among other things, that Robinson should go east at once to lay the situa- tion before the governors and people of eastern states, and also to be out of the way when the indictments were to be served. He and Mrs. Robinson as soon as possible took a boat at Kansas City and proceeded eastward. When they reached Lexington, Missouri, a company of men came on board, pounded at his stateroom door, and told him he must leave the boat and come ashore. He asked them why he must be detained, and they replied, that they understood that he was a fugitive from justice. He told them there was no indictment against him and he had a right to do as he pleased. But his w^ords availed nothing. They were determined to take him. The arrest was entirely arbitrary. They had no authority whatever, but they had received word from Kansas to hold him at all hazzards, until the in dictment couldbe made out and the proper papers sent on. Mrs. Robinson was allowed to go on her journe}^, taking with her the papers and testimony they were bearing to eastern friends. They held the governor thus for nearly a week before the papers for his arrest were received. He was then taken back to Kansas. At Leavenworth a pro-slavery mob threatened to hang him, but were prevented from carrying out their purpose. He was TO THE CLOSE OF THE REBELLION. QI then taken to Lecompton, where he and other free-state men were kept in a prison camp for several months. Among those prisoners under charge of high treason were such men as Charles Robinson, George W. Deitzler, G. W. Brown, Gains Jenkins. Lane and Sam Wood w^ere indicted but were out of reach. No attempt seems to have been made to arrest old John Brown. He was probably omitted because he was not a comfortable man to handle. This wonderful grand jury distinguished itself in another line. It first indicted all the free-state leaders — some for things they had done, and some for things it was supposed they intended to do. But they were not content with search- ing the thoughts and interests of the heart. They turned their attention to subjects where there was no heart to search. They seemed to have discovered what some writer calls ''the total depravity of inanimate things." In accordance with this principle they made the following presentment which is certainly original in the doings of courts: " The grand jury, setting 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 before them showing the Herald of Freedom, published at the town of Lawrence, has from time to time issued publications of the most inflammatory and sedicious character, denying the legality of the territorial authorities, advising and demanding forcible resistance to the same, demoralizing the public 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 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 a view to military occupation and defense, and regularly parapetted and port-holed for the use of cannon and small arms, and could only be designed as a stronghold for resistance to law, thereby endangering the public safety and encouraging rebellion and 92 A HISTORY OF LAWRENCE sedition to the country; and we respectfully recommend that steps be taken whereby this nuisance may be removed. "Owen Stewart, Fo}-e77ian" The Free-tSate Hotel mentioned in this presentment had just been completed and furnished. It had been erected by the Emigrant Aid Company, and was probably the best building in the territory. It was certainly the best equipped hotel. There was nothing about it of a military character, unless its strong stone walls could be so considered. There was a motive in the indictment but it does not appear in the wording of it. The great lack of Lawrence had been a good hotel. People were hindered from coming to Kansas because they could not be comfortably cared for when they got here. Now they could tell the comfort-loving emigrant that Lawrence had as good a hotel as he would find in St. Louis. He could find a roof and a room the day he arrived, and need not live out of doors till he could build a cabin. It w^as bound to prove an effective element in drawing free-state men to Kansas, and the whole question was one of immigration. The policy of the pro-slavery men was to keep away free-state set- tlers. To destroy this hotel w^as to remove a powerful attrac- tion. All these disturbances had largely the same motive. They would keep the country in such a state of confusion and terror that settlers would be kept away. The novelty of the proceedings becomes more manifest when we remember that the sheriff took the indictment of the grand jury for an order of the court. The legal process never went any further. There was no citation, and no trial and no sentence. These were trifles w^ith which these high-minded men could not be troubled. They could not wait for formali- ties. The king's business demanded haste. The execution was the chief thing, and the execution anticipated all trial and all evidence. Lawrence, that foul nest of abolitionists, must be humiliated, and her free-spoken newspapers must be destroyed. TO THE CLOSE OF THE REBELLION. 93 On the eleventh day of May, the United States marshal issued his proclamation. He stated that an attempt had been made to execute writs by the United States deputy marshal, " Who was evidently resisted by a large number of the citizens of Law- rence, and there is every reason to believe that an 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 execu- tion of the law. "I. B. Donaldson, ''United Slates Marshal for Ka7isas 7'erritory ^ The proclamation was posted in a few pro-slavery towns, and in Missouri. The response was so prompt that armed men began to gather before the free-state men had become aware of the proclamation. They saw at once what the thing meant. It was a plot to humiliate, or destroy Lawrence. The plan had been more carefully laid than in the Wakarusa war. The United States court had issued the order, and a United States marshal was to execute it. The people of Lawrence must tamely submit, or resist United States author- ity. They saw at* once the seriousness of the situation, and bestirred themselves to avert the blow. The citizens held a meeting on the tenth of May and passed resolutions appealing to Governor Shannon to protect them from this army from another state. The governor replied that ''there was no force around or approaching Lawrence, except the legally constituted posse of the United States marshal, and the sheriff of Douglas county, each of w^hom, I am informed, has a number of writs in their hands for execution against persons in Law^- rence. I can 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 territoritorial laws, and aid and assist the marshal and sheriff in the execution of processes in their hands, as all good citi- zens are bound to do when called upon, they, or all such, will 94 A HISTORY OF LAWRENCE entitle themselves to the protection of the law. But so long as the}^ keep up a military or armed organization to resist the territorial laws, and the officers charged with their execution, I shall not interfere to save them from the legitimate conse- quences of their illegal acts." There was not much comfort in this letter and no hope of help from the governor. Another meeting was called of which Colonel Phillips in his Conquest of Kansas gives a report. "The harsh partisan letter of the governor could not be regarded as anything short of a declaration of war. As the people of Lawrence were anxious to avert trouble, a meeting was held and the following action taken: " ' Whereas, By proclamation to the people of Kansas territory, by I. B. Donaldson, United States marshal for said territory, issued on the nth of May, 1856, it is asserted that certain judicial writs of arrest have been directed to him by the First District Court of the United States, to be executed within the county of Douglas, and that an attempt to execute them by the deputy marshal was violently resisted by a large number of the citizens of Lawrence, and there is every reason to believe that any attempt to execute them will be resisted by a large body of armed men, therefore, " 'Resolved, By this public meeting of the citizens of Lawrence, held this 13th day of May, 1856, that the allegations and charges against us, contained in the aforesaid proclamation, are wholly untrue in fact, and in the conclusion drawn from them. The aforesaid marshal was resisted in no wise 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 writ against us by the United States marshal for Kansas territory, a7id zi'ill furnish him a ^ossefor that ;pur;pose, if so requested; but that we are ready to resist, if need be, to the death, the ravages of an invading mob. " ' J. A. Wakefield, Presidejit.' ''The resolution was forwarded to the marshal and to Governor Shannon. "As I have said the marshal never sent a copy of his TO THE CLOSE OF THE REBELLION. 95 proclamation to Lawrence. The copy that reached Lawrence was sent to me from Lecompton by one of my agents, and was received a few hours after its issue. I carried it into the chamber of the committee of safety, which held a meeting that night. Its meetings were private. Several proposals were made, but the majority were unwilling to do anything. Lieutenant Governor Roberts and Colonel Holliday were opposed to any defense being made. Holliday urged that it was a busy season, and the farmers could not be taken from their farms to sustain another siege without great loss. Others urged that the merchants and business men had advanced provisions, stores and goods during the Wakarusa war, and had got pay for only a small part, and could not advance anything more for the defense of the place. ''Deitzler and several other members of the committee were for defending the place against the marshal's posse. The discussion was vague, pointless and unsatisfactory. There was no one to take the lead. One proposal was that three or four hundred men, armed only with pistols and other side arms, should go to Lecompton, and offer themselves to Donaldson as his posse, in obedience to his proclamation, and demand from the governor a share of the public arms then at Lecompton. ^'The committee determined that matters should go as they were. Roberts declared that he did not mean to go out of the territory, but should stay and be arrested. "I mention these things because they show why the im- pending blow was permitted. The people as a general thing wanted the town defended, and dispensed with the old com- mittee, and elected a new]]one, composed in part of members of the first. The names are as follows: W. Y. Roberts, G. W. Deitzler, Lyman Allen, John A. Perry, C. W. Babcock, S. B. Prentis, A. H. Mallory, Joel Grover. A few days after this election Mr. «S. C. Pomeroy arrived from the east, where 96 A HISTORY OF LAWRENCE he had been on business for the Emigrant Aid Society, and was admitted a member. ''A change of ruler does not always bring a change of policy. This second committee was more pacific than the first, although selected by the people with the expectation that resistance would be made. In fact it was the federal authority employed that acted as a weight against them." It may be added to this account of Colonel Phillips that it had been the settled policy of the state leaders not to resist United States authority. The decision of the committee not to resist does not argue any lack of courage but was in line with the settled policy of the free-state men. The next day the committee and citizens held a joint meet- ing and determined to make another effort at pacification. They voted to send resolutions similar to those just quoted to the marshal with a letter as follow^s: "Lawrence, May 14, 1856. "I. B. Donaldson, United States Marshal for Kansas Territory: "Dear Sir: — We have seen a proclamation issued by yourself, dated nth of May, and also have reliable information that large bodies of armed men in pursuance of your proclamation have assembled in the vicinity of Lawrence. "That there maybe no misunderstanding we beg leave to ask respect- fully that we may be reliably informed of the demands against us. We desire to state most truthfully and earnestly that no opposition will now or at any future time be offered to the execution of. any legal process by your- self or any person acting for you. We also pledge ourselves to assist you, if called upon, in the execution of any legal process. " We declare ourselves to be order-loving and law-abiding citizens, and only want an opportunity to test our fidelity to the laws of the country, the constitution and the union. "We are informed also that these men collected about Lawrence openly declare that their intention is to destroy the town and drive off the citizens. Of course we do not believe that you would give countenance to such threats, but in view of the excited state of the public mind we ask protection of the constituted authorities of the government, declaring ourselves in readiness ^^^^K * ' ^ ■" T^ ^L ^^ ROBERT G. ELLIOTT, Editor of Kanmi< Free State. T. DWIGHT THACHER, Editor of Laivrence licpuhlican. JOSLMl MTI.l.EK, \VM. A. PHILLIPS, Editor of Kansas Free State. Correspondent of New York Trihime. EARLY KANSAS NEWSPAPER MEN. TO THE CLOSE OF THE REBELLION. 97 to co-operate with them in the maintenance of the order and quiet of the community in which we live. "Very respectfully, "Robert Morrow. " Lyman Allen. "John Hutchinson." The reply of the marshal was not reassuring. It was both insolent and exasperating: \ Office of United States Marshal, I Lecompton, K. T., May 15, 1856. "Messrs. G. W. Deitzler and J. H. Green, Lawrence, Kansas Terri- tory: — On yesterday I received a communication addressed to me, signed by one of you as president and the other as secretary, purporting to have been adopted by a meeting of the citizens of Lawrence held on yesterday morn- ing. * * * ' ' From your professed ignorance of the demands against you I conclude that you are strangers and not citizens of Lawrence; or of recent date, or have been absent for some time; more particularly when an attempt was made by my deputy to execute a writ of the first district court of the United States for Kansas territory against ex-Governor Reeder when he made a speech in the room, and in the presence of the congressional committee, and denied the power and authority of said court, and threatened the said deputy if he attempted to execute said process, which speech and defiant threats were loudly applauded by some one or two hundred of the citizens of Lawrence, who made such demonstrations that the deputy thought that he and his small posse would endanger their lives in executing the process. ' ' Your declaration that you will truthfully and earnestly offer now, or at any future time, no opposition to any legal process, is difficult to under- stand. May I ask, gentlemen, what has produced this wonderful change in the minds of the people of Lawrence ? Have their eyes been suddenly opened so that they are now able to see that there are laws in Kansas terri- tory which should be obeyed ? Or, is it that just now those for whom I have writs have sought refuge elsewhere ? Or, it may possibly be that you now, as heretofore, expect to screen yourself behind the word 'legal,' so significantly used by you. How am I to rely on your pledges when I am well aware that the whole population of Lawrence is armed and drilled, and the town fortified ? When too I recollect the meetings and resolutions adopted in Lawrence and elsewhere in the territory, openly defying the laws and the officers thereof, and threatening to resist the same to a bloody issue, as recently verified in the attempted assassination of Sheriff Jones 7 gS A HISTORY OF LAWRENCE while in discharge of his official duties in Lawrence. If no outrages have been committed by the citizens of Lawrence against the laws of the land, they need not fear any posse of mine. But I must take the liberty of executing any and all processes in my hands as United States marshal, in my own time and manner, and shall only use such power as is authorized by law. You say you call upon the constituted authorities for protection. This indeed sounds strange, coming from a body of men armed with Sharpe's rifles and other implements of war, bound together by oaths and pledges to resist 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 those who seek to resist the laws of the land, and turn traitors to their country, will find me aiding in enforcing the laws, if not as an officer, as a citizen. ' ' Respectfully yours, "I. B. Donaldson, ''United States Marshal for Kansas Territory .'' This reply cut off all hope of any relenting on the part of the marshal. Other efforts were made to avert the blow, but without effect. An attempt was made to induce the governor to secure United States troops to accompany the marshal in- stead of the miscellaneous mob which had assembled in answer to the marshal's proclamation. But the governor was not disposed even to do this much. He afterwards said he would have done this if the matter had been left to him. There remained nothing but to let events take their course. The marshal's posse had already begun to arrive before the proclamation was dated, showing that the plan was well understood, not by the marshal alone, but the pro-slavery people in Kansas and Missouri. The issuing of the proc- lamation was simply a form adopted to comply with the law. The word had gone out as to what was to be done, and the people began to gather. As they came they were armed with United States muskets, which had been sent for the use of the territorial militia. They had come promptly, for parties had been waiting on the border for these preliminaries of legal technicalities. They had failed TO THE CLOSE OF THE REBELLION. 99 in the Wakarusa war because these formal details had been carelessly attended to. They did not propose to have their plans upset again. Impatient as they were to get a blow at Lawrence, they would wait till the legal forms were complied with, rather than be balked again by the diplomacy of the shrewd Yankees. As they came they formed camps at Lecompton, and other points, and awaited the orders of their chief. The whole country was once more in a state of terror. Travelers were stopped on the highway, people were robbed in their houses, stock was driven off, and houses were pillaged. A young man named Jones was murdered on his way home from Lawrence to his farm south of that place. Another man named Stewart, who went out with two others to secure the murderer, was also killed. On the morning of May 21st, Marshal Donaldson with a posse of several hundred men, and some pieces of artillery, appeared on Mount Oread, the hill overlooking Lawrence. As these came under United States authority, it was decided to make no resistance. Deputy marshal Fain rode into town about eleven o'clock. The streets were very quiet. Some of the citizens were in prison, some who did not like the decision not to resist, took themselves out of the way. The deputy marshal rode up to the Free-State Hotel where the committee of safety were in session, and summoned a number of citizens to act as his posse in serving writs. He then arrested G. W. Smith, Gains Jenkins, and G. W. Deitzler, who had been indicted for treason. The marshal and his men were invited to dine at the Free-State Hotel. After dinner the marshal returned to the camp and told the men he had made all the arrests he desired at this time, and that they were dismissed. As soon as they were dismissed as the marshal's posse. Sheriff Jones summoned them to act as a posse for him, as he had some writs to serve. This then A HISTORY OF LAWRENCE was their shrewd game. This mob was brought to Lawrence as the posse of the United States marshal. The people of Lawrence had determined in no case to resist United States authority. The town came easily into their possession. But an officer of the United States was limited by law and was compelled to pay some regard to decency and justice. All he could do was to make a few arrests to which the people made no objections. But as soon as the town had submitted and was helpless, he turned his posse over to Sheriff Jones who was hampered by no restrictions. The sheriff rode into town with a company of men and drew up in front of the hotel. He demanded first that all the arms in the place be given up to him. He gave the committee five minutes to decide. If the arms were not surrendered he would bombard the town. A hurried consultation was held, and it was decided to give up the cannon, and the arms in possession of the committee of safety. They^told him the other arms were private property and not at the disposal of the committee. The one cannon they possessed was hidden under a building and never could have been found by the invaders. But so anxiously nervous were they to appease the fussy sheriff and save the towm, that General Samuel C. Pomeroy crawled under the building where the cannon was hidden, and dragged it out, and turned it over to Jones. But neither their prom- ises nor their humiliation availed anything. As soon as Jones had possession of the cannon and other arms, he proceeded to carry out his purpose to destroy the Free-State Hotel. He gave the inmates till five o'clock to get out their personal effects. When all was ready he turned his cannon upon the hotel and fired. The first ball went completely over the roof, at which all the people cheered, much to the disgust of Jones. The next shot hit the walls but did little damage. After bombarding away with little or no effect till it was becoming monotonous, they attempted to TO THE CLOSE OF THE REBELLION. lOI blow up the building with a keg of powder. But this only made a big noise and a big smoke, and did not do much towards demolishing the house. At every failure the citizen spectators along the street set up a shout. At last Jones became desperate, and applied the vulgar torch, and burned the building to the ground. Mean- while the two newspaper offices had been ransacked, the presses broken and the type thrown into the river, or scattered along the street. The mob by this time had become thoroughly reckless, and were ransacking the town. Nearly every house was entered, and many of them robbed. Trunks were broken open, clothing stolen, and everything taken off to which they took a fancy. In the evening Governor Robinson's house w^as set on fire and burned to the ground. Jones was exultant. His revenge was complete. ''This is the happiest moment* of my life," he shouted as the walls of the hotel fell. He had made the "fanatics bow to him in the dust." He then dismissed his posse and left. The losses sustained by the people of Lawrence and sur- rounding country were quite heavy. It was estimated that the value of the property destroyed and stolen amounted to nearly $200,000. A newspaper correspondent speaks of see- ing some of these legalized bandits in Kansas City the next day, dressed in articles stolen at the sack of Lawrence. "They had crossed their native red shirt with a satin vest, or a narrow dress coat, pillaged from some Lawrence Yankee, or had girded themselves with the cord and tassels which the day before had ornamented the curtains of the Free-State Hotel." The committee of safety sent a statement of the whole affair to Washington afterwards, and from their paper w^e quote a few paragraphs. " Men endeavored b}/ argument, and women by tears, to alter the determination of Jones, but in vain. The work of pillage had commenced. The contents of the printing offices had been scattered in the streets, and I02 A HISTORY OF LAWRENCE the red flag planted on the roof, first of the' office of the Herald of Freedom, and afterwards of the Free-State Hotel. The family of Mr. G. W. Brown were driven from their home, and the immediate pillage of the hotel was prevented only by the resolute interference of a few citizens, aided by some individuals of the mob, who kept a strict guard^ at the doors, and insisted that the families of the proprietors should have the time promised them by Jones in which to collect their most necessary effects and leave. At last the cannons were placed and ready, and it was announced to Colonel S. W. Eldridge, that the bombardment would commence in five minutes. His wife and children were driven off between files of United States bayonets, and amidst the yells of the impatient mob. The work of pillage spread through the whole town, and continued until dark. Every house and store which could be entered was ransacked, trunks broken open and money and property taken at will. In one house over two thousand dollars in money were carried away. The house of Charles Robinson was pillaged and burned to the ground. Towards evening the forces were drawn off to their camp, and the sack of Lawrence was concluded." To evade the pledge of the United States marshal that his posse should not enter Lawrence, they were disbanded on the hill, and then summoned to act as a posse for Sheriff Jones. The marshal dismissed them at the town limits, and the sheriff led them in. All this was done in the name of law by men sworn to administer the law. Among the crowd were a United States marshal and his deputy, David R. Atchison, late vice president of the United States, and other men of distinction. It is but justice to say that many of these men endeavored to restrain the mob within some sort of bounds, but the mob was not of the kind that drew nice distinctions between burning down a hotel against which no wrong had been proved, and ransack- TO THE CLOSE OF THE REBELLION. IO3 ing a private house or store. They were common, rough men who could not draw the distinction between crime by order of a court, and the same crime just outside the limits of that order. They could not appreciate therefore the eloquence of gentlemen who urged them to confine their outrages within the limits prescribed by the court. The result was that Law- rence suffered beyond the appointed measure, and was a pretty thoroughly demoralized community. CHAPTER VII. The Summer of 1856. — Outrages Everywhere. — Lawrence Invested by Pro-slavery '* Forts." — The Capture of Franklin, Fort Saunders, and Fort Titus. — Titus a Prisoner. — Governor Shannon Makes Another Treaty. — Governor Shannon Resigns. — Daniel Woodson Act- ing Governor. The sack of Lawrence was followed by an unprecedented condition of affairs. The whole territory was in a confusion. The summer that followed was the most exciting that Kansas ever knew. First of all came what has been known as the Potawatomie massacre. The news of the attack on Lawrence reached Osawatomie the day it occurred and while it was still being prosecuted. Old John Brown at once assembled a company of about fifty men and started for that place. Before reaching Lawrence they learned the particulars of the assault and found they were too late to render assistance. Most of the men returned to their homes, but John Brown with a small band remained. Two days later occurred the terrible tragedy at Dutch Henry's Crossing, which has never been satisfactorily explained, and which was quoted for years as the excuse for pro-slavery outrages without number. Other outrages followed on the other side and continued all summer. Captain Henry Clay Pate led a company of ruffians along the old Santa Fe trail, and robbed Black Jack and Palmyra and other places, and spread terror all about. Old John Brown, learning of his exploits, pounced upon him with a company of free-state men and captured the whole outfit. Then in turn. Colonel Sumner, with some United States troops, overhauled Brown and compelled him to release his prisoners. About the same time General Reid gathered about two hundred men in Missouri and marched through the border counties. He COL. JAMES BLOOD, First Mayor— 1857. A. D. SEARLE. First City Eiii^inee GEO. W. COLLAMORE, DR. ALONZO FULLER, Mayor at the time of the Raid. Acting Mayor after the Raid. LAWRENCE CITY OFFICIALS. TO THE CLOSE OF THE REBELLION. IO5 came to Osawatomie and let his ruffians loose there. They looted the town and finally burned it. Colonel Sumner approaching they withdrew and disappeared in Missouri. Bands of armed men of both parties moved here and there, each seeking to defend their own and to gain some advantage over the other. A number of so called battles were fought, but no great losses were sustained on either side. The men who were killed were usually attacked alone and murdered in cold blood. A drunken ruffian in Leavenworth made a bet that he would bring in the scalp of an abolitionist in less than two hours. He sallied out on the Lawrence road and met a Mr. Hoppe coming over from Lawrence in a carriage. He at once shot and scalped him, and bore the scalp into town on a pole amid the cheers of the crowds on the streets. An inoffensive German who expressed his horror at such brutality was shot dead. Mr. Hoppe w^as a brotner-in-law of Rev. Ephraim Nute, pastor of the Unitarian Church of Lawrence, and he and his wife were visiting there. Mr. Nute gave a very vivid account of the affair and the general condition in a letter written a week later, August 22nd, to a friend in Mass- achusetts: ''The horrors of ruffianism grow thicker and closer about us. My home has become a house of mourning. A brother- in-law came out to us and reached our house a week since with his wife, an own sister of mine. On Monday last he started to return to Leavenworth, leaving his w^ife sick. That night he was shot within a few miles of Leavenw^orth, and his scalp exhibited in fiendish exultation in the town. ''I have tried in vain to raise a body of men to go for the recovery of our brother's remains, to give them a decent burial, and for his effects about his person, all his money, etc. I have taken my rifle and offered to be one of fifty to go. A sufficient number responded and had pledged to go the morn- ing after the sad tidings reached us. But it was thought best Io6 A HISTORY OF LAWRENCE to delay until we should get answer from the officer in com- mand of the United States dragoons camped about ten miles from here, to whom we had applied for a force to go with us. It came at night, referring us to a superior force then on the way with several companies to join Pierce's bloody officials at Lecompton. Twice have we sent, making the request of him for the protection of an escort to go with our teams to Leav- enworth for provisions, and twice have been refused. There is not a single sack of flour or bushel of meal- for sale in this vicinity, and we have at least two thousand men, women and children to be fed. What shall we do, what can we do, but fight our way through, with the desperation of men who know themselves surrounded by merciless savages. This we are deteri7iined to do. You will have a report of bloody work before this reaches you. It may be that nothing short of a massacre of the suffering people of Kansas will arouse this nation to a sense of the inconceivable wickedness of the men at the head of affairs. You may imagine the feelings with which I read the cold blooded sneers, the diabolical sport which is made of our sufferings in the Boston Post which I have just received. Are all the feelings of humanity, is all sense of decency dead in the minds of the men who uphold this infamous administration ? Many of us have ceased to hope for anything but the foulest from the government. All that seems to be in store for us worth aspiring to is heroic martyrdom." * * * A few days later Mr. Nute and his sister and several others went over to Leavenworth to ascertain the facts in regard to the murder of Mr. Hoppe and bring home his effects. They were all taken prisoners by a band under command of Cap- tain Emory. Mrs. Hoppe was not permitted even to visit the grave of her husband, but was put on board a steamboat and sent down the river to her friends in Illinois. Mr. Nute, Mr. Wilder, a merchant of Lawrence, and their companions, some TO THE CLOSE OF THE REBELLION. lOj fifteen in all, were imprisoned in Leavenworth, and were not allowed to go home for over two weeks. Other outrages were committed in other parts of the territory. A little earlier than this a political event had occured which increased the sense of unrest. On the Fourth of July the free-state legislature met at Topeka in Constitutional Hall. There had been rumors that they would be dispersed by fed- eral troops. A free-state convention met at the same time to encourage the legislators, and as some thought to protect them if they were disturbed. As nothing of the kind was attempted, however, it was doubtful if there was any serious thought of such a thing. On the day of meeting Colonel E. V. Sumner appeared in Topeka with six hundred dragoons, and several pieces of artillery. As the hour of assembling drew near, the cannon were posted so as to sweep the street in front of the hall, and Colonel Sumner, with six hundred men, rode up in front of the building. He then went in and went forward to the speaker's stand. He said it was a very painful duty, but it was his duty, to order them, in the name of the president of the United States, to disperse. The mem- bers quietly went out, and the troops quietly went home. Some one asked Colonel Sumner why he brought so large a force, and if he expected to need them. He said, "No, I brought them that I might not need them." The governor about this time issued a proclamation ordering all bodies of armed men to disband, and promising protection to all with- out regard to part}^ But as there was a general suspicion among free-state men that this was meant for only one side, they all kept their arms and kept up their organizations. Neither party paid any attention to the proclamation, except as United States troops compelled compliance. The result of it all was that matters grew worse instead of l)etter, and the excitement increased instead of subsiding. The whole country shared the excitement, for the whole I08 A HISTORY OF LAWRENCE nation was interested in the result of the conflict. Other events tended to intensify the common feeling. The day be- fore the sacking of Lawrence Senator Charles Sumner made his great speech in the United States senate on the ''Crime against Kansas." It was a terrible indictment of the national administration for its policy and the results of it. The day following, May 22nd, Preston S. Brooks struck him down with a cane, as he sat in his seat in the senate chamber. His act seemed to be but an echo of what was going on in Kansas at the same time. The whole country was in a blaze of in- dignation, and Kansas was the center towards which all eyes were turned. The whole North seemed to rise at once de- termined that Kansas should be free. There was but one way to make her free, and that was to settle the territory with free-state men. From all sections, and of all classes, immi- grants moved towards Kansas. The farmer left his farm, the merchant left his store, the professional man left his office, at the impulse of an idea that had taken hold of his soul. " They left the plowshare in the mould, The sheep and herd without a fold, The cattle in the unshorn grain, The corn half garnered on the plain." College students, just graduated, or before graduation, turned their back on the literary life they had chosen, or the professional life to which they were looking, and went to Kansas at the call of freedom. They came often without any definite idea as to what they w^ere to do or how they were to make a living. That was entirely a secondary consideration. But they had a very decided idea as to what kind of a state Kansas must be. It was no uncommon thing to find college graduates driving an ox team through the streets of Lawrence, or cutting timber by the river, or living in some lonely shanty or dug-out " Far out upon the prairie." Not in towns alone, but on claims all around, you would find TO THE CLOSE OF THE REBELLION, IO9 the same class of people. In the loneliest cabins in the most out of the way place, you might find men who could talk to you intelligently of the latest scientific theory, or discuss the latest novel. And they did not come as adventurers to see how they would like it. But they came to stay and see the thing done. Whether they made a farm or not, whether they' made a living or not, they proposed to make Kansas free. They came possessed of an idea, and they intended to make that idea effective. As a rule they were peaceable men who did not come to fight. But they were made of the stuff of which all heroes are made, and when they were compelled to fight, it was a sorry day for ''the other fellow." There were rough and turbulent characters among them, and rash things and wrong things were done by them. But the great mass of free-state settlers came with honest intent to make Kansas a free state. The pro-slavery people endeavered to meet this great up- rising at the North by a counter-movement. The Missouri river had been the great highway to Kansas. There was no railroad, and the overland trip was long and tedious. The bulk of immigration came by way of the river. The Missour- ians determined to blockade the river, and thus stem the tide that was becoming irresistable. They thus expected to put a stop to free-state immigration to Kansas. Steamboats coming up the river were stopped and overhauled, usually with the connivance of the captain. If the captain objected it did not make any difference. Free-state passengers were taken off and sent back by the next down boat. The over- land route was also blocaded, and the highways through Missouri were patrolled, and intending immigrants going overland were turned back. As soon as this decision was known at the north it produced great consternation, as well as great indignation. It seemed as if the enemy had the key to the situation, and the rest of no A HISTORY OF LAWRENCE the country was helpless. But the discouragement did not last long. "Where there is a will there is a way. " Here there were a good many wills, and they soon found there were more than one way. The Missourians did not own the earth. The blockade only turned the tide northward. The stream could not be stopped. They might as well try to stop the flow of the "Big Muddy" itself, as to stop the determined pur- pose of the north. Hindrances only stimulated it to more vigorous effort. A way was opened through Iowa and Ne- braska, and the stream soon began to flow in a torrent along the new channel. Companies of two and three hundred strong made their way by this slow and circuitous route. It took longer but "they got there," in more ways than one. Everything that could be done to annoy and hinder was done. But it all stimulated the movement. The very attempt to stop the tide only increased its force and volume. Among these annoyances, these companies were accused of coming with hostile intent, and not as bona fide immigrants. The various companies were therefore met at the northern border of the territory by a force of United States troops and put under arrest. One writer who was with a company of some three hundred described their experiences. "When we came to the Kansas line we were met by the United States marshal and three hundred United States cavalry and put under arrest. The next day they marched us twenty-seven miles under a heavy guard. The next day, being Sunday, they marched us fifteen miles and camped on Straight creek, where in the evening we had religious services. On Monday morning we resumed our march and continued for two days when we came to the Kansas river not far from Topeka. Here we were met by the governor, and he being satisfied at our peaceful intentions set us all at liberty, and we went our various ways." Thus the very efforts made to hinder really helped the cause. The more the way of the immigrants was blocked. TO THE CLOSE OF THE REBELLION. Ill the thicker and faster they came. The harder the journey the more eager people were to make it. Every outrage only stirred the popular mind more deeply, and made the common determination more strong. Every free-state man killed brought a score to fill his place. If the arguments of free- state speakers failed to move, the excesses of their opponents could not fail. It may truly be said that Kansas was made a free state by the excesses and outrages of those who sought to make it a slave state. The bearing of all this on the history of Lawrence will be readily seen. Lawrence was the focus of the fight. TKe troubles she endured were a part of the general condition. She was the center of free-state operations, and consequently the center of pro-slavery hate and pro-slavery plots. She might be called the capital of the free-state party. The free- state party was more than a political organization. It was essentially a sort of second ''body politic." It had a settled policy of its own, a sort of intangible organization that was effective for combined effort, but which could not be located. It had its soldiers and its officers, its arms and its unwritten laws. Its settled policy was to avoid conflict if possible, but to be prepared for defense. Its main point was to hold the ground until the preponderance of free-state immigration should settle the question at issue. It was a very shrewd policy and very difficult to maintain, but it was maintained with marvelous consistency. After the judicial sacking of the town on the twenty-first of May, Lawrence was in a very depressed condition. Many of the people felt humiliated at the thought of having allowed such an outrage without even a show of resistance. Accord- ing to the common agreement they just stood by and looked on, as the hotel and printing offices were destroyed and the town robbed. They were compelled to look on as all this was done; and also to endure the insults of the overbearing 112 A HISTORY OF LAWRENCE miscreants who exulted in their work, and called the citizens a pack of '' cowardly Yankees." This was doubtless the wisest policy they could have chosen, but the situation was very galling. Their foes would have been delighted if they could have provoked them to resistance, and a good deal of their insolence and ostentation were for the purpose of goading them beyond endurance. Had the citizens resisted, even if they had been able to drive the marauders out of town, they would have been charged with resisting officers, and a new batch of indictments .would have been issued, and a larger posse would have been secured. As it was, the ruffians were guilty of an unprovoked outrage, and had put themselves in the position of law-breakers, while professing to enforce law. The feeling of depression was very general. The people knew not what next might come. They were not as well organized as they had been at the time of the Wakarusa war. Their trusted leaders were gone. Robinson was in prison near Lecompton. Many of their ablest citizens were in prison with him. Lane w^as out of the territory to avoid arrest. A great many others had left to escape indictment. Their leading men in prison, or fleeing from indictments, their beautiful hotel in ruins, their printing presses scattered, their houses broken into and robbed, and no law or courts to which they could appeal for redress, it was not strange that a spirit of despondency should settle over the community. The troubles all over the territory found their focus in Lawrence. Bands of pro-slavery men roved about making travel dangerous and putting life in constant peril. Lawrence became invested by a system of forts, or block houses, where bands of pro-slavery men were housed, and from which they sallied on expeditions of plunder or revenge. One of these so-called forts was at Franklin, four miles east of Lawrence. Another, Fort Saunders, was on Washington creek, twelve miles southwest. A third was near Lecompton and was called Fort REV. S. Y. LUM, Preached first sermon. REV. WM. BISHOP, First Pastor of Presbyterian Church. REV. RICHARD CORDLEY, REV. CHARLES REYNOLDS, Pastor of Congregational Church. First Rector of Episcopal Church. E:ARLY pastors of LAWRENCE. TO THE CLOSE OF THE REBELLION. I 1 5, Titus. These forts were simply log houses, with port-holes for guns, and supplied with provisions and ammunition, and prepared for defense or siege. These three strong holds practically cut off Lawrence from help and from supplies. So close was the investment at one time, that provisions became very scarce, and there was danger of a famine from the fact that it was not possible to bring in supplies. The garrisons in these forts were continually committing depreda- tions, waylaying travelers and robbing farms and slaughtering cattle. By August the situation in Lawrence was becoming unendurable, and they began to devise plans of relief. August 1 2th Major S. D. Hoyt, a citizen of Lawrence, went to Fort Saunders to confer as to terms of peace, that both parties might cease their depredations. He was kindly received, but on his return two men accompanied him, and as soon as they came to a lonely spot they shot Hoyt dead, and left him half buried. This brutal murder so enraged the people of Lawrence, that they laid plans for the immediate reduction of these strongholds. They began with Franklin. This had always been a pestilent place. In the Wakarusa war it was the headquarters of the invading army. It was a pro-slavery settlement and the feeling towards Lawrence had been very bitter from the first. In June the free-state men had tried to reduce the place. They had attacked in the night and wasted no end of ammunition. But bullets had little effect on the heavy logs of which the fort was built. At daybreak they withdrew, leaving things pretty much as they were. But this time they had a stronger force, and a stronger provocation. The fort consisted of a block house, with a log house on either side. The free-state men made a night attack again, and began firing as before. They lay upon their faces, shielding their heads behind fences, humps of dirt, or any- thing that afforded a friendly shelter from the enemy's bullets. I heard one of these improvised soldiers tell his experience. 114 ^ HISTORY OF LAWRENCE He had been brought up a quaker, but the Kansas outrages had so stirred his blood that he fell from grace so far as to carry a musket with the boys. When they came to their position, he lay down behind a fence post. At the command to fire he emptied his gun in the direction of the fort, but he said the enemy's bullets so pelted the ground about him, that he could not reload without running the risk of catching one of them. He lay still therefore. He said the bullets struck all around him, and threw the dirt in his face, and splintered his protecting fence poast, but spared his head. He said ''It was the most careless shooting I ever witnessed." Whether the rest of the soldiers reserved their fire as this prudent young man did we are not advised. Whether they did or not there was little effect produced by the firing on either side. The garrison defied them. But they had underrated the resources of Yankee ingenuity. A load of hay stood in the street not far away. This they pushed towards the block house, and set fire to it. As the blazing load of hay came up against the logs, the inmates became panic stricken and cried for mercy. The free-state men then took possession, destroy- ed the fort, and carried off the arms and stores found therein. Among the arms was a cannon which was just the thing they needed to reduce the other forts. The only cannon the free-state men possessed had been surrendered at the sacking .of Lawrence in May. One point in attacking Franklin first was to secure this cannon for use against the other forts. The success at Franklin inspired the free-state men with increased zeal, and they began to gather from various quar- ters until three or four hundred men were in camp. The next point was Fort Saunders on Washington creek. They had a cannon now and could do more effective work in battering down walls. But they had no cannon balls. The piece was turned over to Captain Bickerton, the man who was so suc- cessful in bringing a cannon from Kansas City the autumn TO THE CLOSE OF THE REBELLION. II5 before. The first thing was to secure balls. Now the type of the two newspapers were put to a new use. In the sacking of the town in May the type had been scattered, many of them melted in the burning buildings. Captain Bickerton and his men gathered up the type and the type metal and molded them into balls for the cannon. Every time one was fired into the ruffians' stronghold the soldiers would shout, '^An- other issue of the Herald of Freedom.'" When all was ready they proceeded against Fort Saunders. The refugees from Franklin had reinforced the garrison. The free-state men were under the command of Captains Shombre, Walker, Cracklin, Bickerton and others. While waiting, scouts found the body of Hoyt who had been mur- dered a few days before, and whose murder was the immediate cause of the attack. This so enraged the men that they in- sisted on moving at once. The officers had favored delay, but the men would not be restrained. The whole body marched forward at two o'clock on the afternoon of the 15th of August. The garrison fied before the troops reached the fort, leaving their guns and stores for the visitors. They also found near the fort the horse of the murdered Hoyt. The next day they turned their attention to Fort Titus. They moved in this more speedily, as Titus and his men had been committing depredations in the neighborhood, which had exasperated the free-state men, and induced them to attempt the immediate destruction of the fort. Fort Titus was about two miles from Lecompton. It consisted of Colonel Titus' log house put in shape for defense. Here a number of pro-slavery desperadoes made their headquarters, and from this they were in the habit of sallying forth to harrass free- state men, and ravage the country. When pursued they fled to "the fort," and were safe from any ordinary attack. It was the strongest and most annoying of the three forts by which Lawrence had been invested. It was only two miles Il6 A HISTORY OF LAWRENCE from Lecompton, which was the territorial capital, and the headquarters of pro-slavery operations. They could always rely on the support of their '^ friends " at the capital. Besides this it was only a mile from the camp where the free-state prisoners were kept. This camp was in charge of a company of United States soldiers under the command of Major John Sedgwick. The soldiers were there at the request of the governor, and were under orders from the territorial officials. These officials had a very peculiar way of making use of the soldiers. When pro-slavery men committed depredations the authorities at Lecompton could never get any ''official" information in time to interfere. But whenever free-state men were moved to retaliate, the information came quickly and was always "official." Then a squad of troops would be ordered . to go to the scene of disturbance and ''preserve order." Colonel Titus had felt secure in the presence of these troops, who could reach him in a few minutes in case of attack. But his own movements and outrages were never reported in time to allow any intervention. Major Sedgwick was a soldier, and an . honorable man, and he and his men had become very much disgusted with the one-sided way in which things were managed, and especially indignant at the part they were compelled to play. Major Sedgwick had also become thoroughly incensed at the insolence and outrages of Colonel Titus and his gang. Being a soldier under orders he could do nothing directly, but when he learned that the free- state men were about to take the thing in hand, and clean out the pestilent gang, he quietly told Captain Walker a few days before, that if "they wanted to gobble up old Titus and would do it quickly, he did not think he should be able to get over in time to hinder him." Colonel Titus was from Florida. He was a typical border ruffian. In the pictures of him that have come down to us he is represented as a short, thick-set man, in his shirt TO THE CLOSE OF THE REBELLION. 11 J sleeves, with a broad-brim slouch hat, and his pants stuck in his boots. He was a swaggering, blustering blatherskite, whose insolence was more offensive than his sword. He was a thick-necked, coarse-grained bully, and of course a miser- able coward when it came to the test. He had established his fort at his house in order to harrass and annoy free-state people. He had gathered about him a gang like himself, and had been the terror of that whole region for months. The free-state forces were now under the command of Captain Samuel Walker, as brave a man as ever lived, a man cool in counsel and wise in action. He came to be the trusted leader of the free-state men, not only on account of his skill, but because they could trust his prudence, and were always sure he would make no rash or doubtful move. He came to Kansas early in 1854 on a tour of inspection. In 1855 he returned bringing a large colony of immigrants from Ohio who settled in the territory. He himself took a claim seven miles west of Lawrence, where he lived until he moved into Lawrence itself. His claim was not very far from Fort Titus, and soon after he had located his claim this same Colonel Titus called on him and notified him that ''all these nigger stealers must get out of the country." He gave him two weeks to make his exit. The next day Captain Walker called his neighbors together, and they organized themselves into a military company which they called the ''Bloomington Guards." The pro-slavery plan was to drive settlers off one by one. This organization was made that they might sustain each other. The order of Titus was not enforced. This company of Bloomington Guards had eighty-six members, and they were all of the kind that are not frightened by bluster. All this drew upon Walker the special dislike of Titus. He did not attack him, but he endeavored to induce others to do so. He had printed a large hand-bill in which he offered five hundred dollars for the head of Samuel Walker, Il8 A HISTORY OF LAWRENCE "on or off his shoulders." This hand-bill was posted up in various places with the evident intent of inducing some mad- cap to assasinate Walker. It was very natural, and very fitting that Captain Walker should lead the attack on Titus' fort. This attack was made August i6th. The forces which operated against Fort Saunders August 15th moved towards Lecompton during the night and camped a short distance from the fort. Early in the morning Captain Henry J. Shombre started in advance of the main body with a com- pany of cavalry, in order to surprise the fort. In the course of the attack Captain Shombre was shot and mortally wounded. Captain Shombre had only been in Kansas about three weeks. He came from Indiana, where he had raised a company of brave young men to come and help in the Kansas struggle. He joined Lane's party of immigrants in Iowa and came with them. He reached Topeka August 13th. Hear- ing of the troubles at Lawrence he started at once with his men and was present at the capture of Fort Saunders the day before his death. He was one of the finest and bravest young men that ever came to the territory, and even in the few days he was among them he won the affection and esteem of the free-state people. After their leader fell Captain Shombre's men retired and waited till the main body had come up. When they came up they were so posted as to prevent the escape of the inmates of the fort. Firing then commenced and the men inside responded in a lively way. But the bullets of the assailants buried themselves in the logs of the fort and had no other effect. After a little the cannon captured at Franklin was brought into use by Captain Bickerton, and balls and slugs made from the type and printing presses of the Herald of Freedom were poured into the old building. This put a new face on the affair, and a few minutes after a white flag ap- TO THE CLOSE OF THE REBELLION. II9 peared, and the garrison of some seventeen men surrendered. Colonel Titus crawled out of his den, coatless and covered with blood. He had received two wounds, one in his hand and the other in his shoulder. He came out as meek and cringing as he had formerly been insolent. He begged pite- ously for his life. He had been such a terror to the whole country that the men in the free-state army had determined to kill him. Many of them had suffered from his insolence and cruelty. He appealed to Captain Walker to save him. ''You have children; so have I; for God's sake, save my life !" Right before them was one of those hand-bills, offer- ing five hundred dollars for Walker's head ''on or off his shoulders." Walker saw it plastered on the walls of the cabin while he was talking to him. But Walker was as chivalrous as he was brave, and would not strike a fallen foe. Some of his men had been so wrought up by the outrages Titus had committed that it was not easy to restrain them. But Walker insisted that they must not touch him, and no man raised his gun. The casualties of this battle were not numerous. Two of Titus' men were killed and two wounded, and one free-state man was killed and six wounded. The prisoners were taken to Lawrence and held as "prisoners of war." The next morning Governor Shannon, Major John Sedg- wick, and Dr. A. Rodrique, postmaster at Lecompton, went to Lawrence to arrange terms of peace and secure the libera- tion of Titus and his men. A correspondent of an eastern paper gives an account of this remarkable incident: "Another Sunday morning treaty with Shannon. Gov- ernor Shannon, Dr. A. Rodrique, postmaster, and Major Sedgwick have just arrived from Lecompton. It is supposed that they have come to demand the prisoners. They are now closeted with the officers of the free-state forces. They can- not have the prisoners without giving the free-state party an equivalent. I20 A HISTORY OF LAWRENCE ^' Later: — A treaty has been made, and Governor Shannon, after some opposition, has been permitted to state what it is, and to make a short speech. He said he should leave us, and he wanted to leave the territory with the people feeling better towards him, and in a quiet state, to his successor. He glorified the union and thought we had a glorious country. "The terms of the treaty are substantially as follows: " I. That they shall give up to the charge of Major Sedgwick, and in good condition, subject to the order of Captain Walker, the howitzer so valiantly surrendered to Sheriff Jones the 21st of May. "2. That the prisoners then held in custody at Lecompton, those arrested by 'Squire Crane for being connected with the battle of Franklin, shall be released and brought safely to Lawrence. " 3. That all arms taken from these and other prisoners shall be given up. "4. That the territorial authorities should use their power to break up these bands of plunderers and drive them from the territory. "In consideration of this the free-state men were to deliver up their prisoners. They even demanded the cannon taken at Franklin. Major Sedgwick had nothing to do with the negotiations, any further than to say to Shannon that it was his duty to make an unconditional demand for the prisoners. The Franklin prisoners held at Lecompton were arrested under legal process, as they term it, yet they agreed to deliver them up. What right Governor Shannon and Dr. Aristides Rodrique had to do this perhaps a Philadelphia lawyer can tell; we can't." After the treaty, when Governor Shannon desired to talk to the people, there was a general growd of opposition. They felt that he was responsible for their troubles, and they had suffered so much that they were greatly embittered. When the governor proposed to speak they gave a yell which drowned his voice. They were in an ugly frame of mind and the situation was alarming. Captain Walker saw the danger, and drawing his revolver he rushed in front of the crowd and shouted, "I am with you, boys, but the governor shall not be DR. S. B. PRENTISS, Chairman First School Committei' DR. ALBERT NEWMAN, 8;HTt>t!U-v i'^irst School (^)nimittee. LATHROP BQLLENE. CHAS. L. EDWARDS, President of V\r