USA > Kansas > A standard history of Kansas and Kansans, Volume I > Part 60
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CHAPTER XXVI
THE TOPEKA MOVEMENT
The meetings of the pioneers leading up to the "Peoples Conven- tion" have already been noticed. That at Lawrence on the 15th of August and the Big Springs Convention made the Topeka meeting a part of the Free-State program. And, forgetting past views and dif- ferences on the subject, the Free-State people stood loyally and undi- vided behind the Topeka or Statehood movement. It was withont prec- edent, and, considering that there already existed in the Territory a government set up by the United States, and the fact that that govern- ment had been denounced and defied-the acts of the Legislature so oppressive and reprehensible that they were to be resisted to a "bloody issue," the Topeka Movement was in reality an insurrection. For the proclamations giving notice of it recited the oppressions of the Ter- ritorial Government side by side with the invasion of the Missourians and their conduct at the polls. That it escaped the usual fate of the insurrection, rested in the fact that to have suppressed it with a ruthless hand by the military would have brought upon the Federal Government the combined wrath of the Free States of the Union.
The Topeka Movement resulted finally in an appeal to force. Con- sidering the political complexion of Congress its failure was a foregone conclusion. As a novel plan of keeping Kansas uppermost in the pub- lic mind, it served a very useful purpose. On the whole, its benefit to Kansas Territory and the Free-State cause far exceeded the tron- bles which followed in its wake.
The "Peoples Convention" met at Topeka on the 19th of Septem- ber, 1855, pursuant to the various calls already noticed. William Y. Roberts was made President. The Vice-presidents were J. A. Wake- field, P. C. Schuyler, L. P. Lincoln, Joel K. Goodin, S. N. Latta, and R. H. Phelan. Secretaries, E. D. Ladd, J. H. Nesbit, and M. W. Dela- hay. A Business Committee consisting of fifteen members were ap- pointed. On motion of J. H. Lane a resolution was adopted appoint- ing a committee of eighteen to issue an address to the people of the Territory "and to the Civilized World, setting forth our grievances, the policy we have been compelled to adopt, and which we have determined at all hazards to carry out." Colonel Lane was made Chairman of the committee.
The future course of the Free-State party, so far as it should be bound by the movement, and a plan for the movement itself appeared in the report of the Business Committee, which it is necessary to set out at length, as follows :
461
462
KANSAS AND KANSANS
WHEREAS, The Constitution of the United States guarantees to the people of this Republic the right of assembling together in a peaceable manner for the common good, to "Establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of Liberty to themselves and their posterity," and
WHEREAS, The Citizens of Kansas Territory were prevented from electing members of the Legislative Assembly in pursuance with the Proelamation of Gov. Reeder on the 30th of March last, by invading forces from foreign States coming into the Territory and forcing upon the people a Legislature of non-residents and others inimical to the people of Kansas Territory, defeating the object of the organic act, in consequence of which the Territorial Government became a perfect failure, and the people were left without any legal Government until their patience has become exhausted, and endurance ceases to be a virtue, and they are compelled to resort to the only remedy left, that of forming a goverment for themselves. Therefore,
Resolved, by the people of Kansas Territory in Delegate Convention assembled, That an election should be held in the several election pre- cinets of this Territory on the Second Tuesday of October next, under the regulations and restrictions herein after imposed, for members of a Convention to form a Constitution, adopt a Bill of Rights for the people of Kansas and take all needful measures for organizing a State Govern- ment preparatory to the admission of Kansas into the Union as a State.
Resolved, That the apportionment of said Delegates shall be as fol- lows: Two Delegates for each Representative to which the people were entitled in the Legislative Assembly by Proclamation of Gov. Reeder of date 10th March, 1855.
Resolved, That a committee of seven be appointed by the chair, who shall organize by the appointment of a Chairman and Secretary. They shall keep a record of their proceedings, and shall have the general superintendence of the affairs of the Territory so far as the organization of a State Government, which committee shall be styled the "Executive Committee of Kansas Territory."
Resolved, That it shall be the duty of the "Exeentive Committee of Kansas Territory" to advertise said election at least fifteen days before the second Tuesday in October next, and to appoint three Judges thereof for each Precinct, and the said Judges of each Precinet shall appoint their Clerks, all of whom shall be duly sworn or affirmed to discharge the duties of their respective offices impartially, and with fidelity, and they shall have power to administer the oath or affirmation to each other; and the said Judges shall open said election at 10 o'clock A. M. at the place designated in each precinct by said Executive Committee and close the same at 4 o'clock P. M .: and in ease any of the officers appointed fail to attend, the officer or offieers in attendance shall .supply the vacancy or vacancies; in the event of them all failing to attend, ten qualified voters shall supply their places: and the said Judges shall make out duplicate returns of said election, seal np and transmit one copy of the same within five days to the Chairman of the Executive Committee to be laid before the Convention; and they shall within ten days seal up and hand the other to some member of the Executive Committee.
Resolved, That the "Executive Committee of Kansas Territory" shall announce by Proclamation the names of the persons elected Delegates to said Convention, and in case the returns from any precinct should not be completed by that day, as soon thereafter as practicable, and in case of a tie a new election shall be ordered by the "Exeentive Con-
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KANSAS AND KANSANS
mittee" giving five days' notiee thereof, by the same officers who offieiated at the first election.
Resolved, That the said Convention shall be held at Topeka on the 4th Tuesday of October next, at 12 o'clock M. of that day.
Resolved, That a majority of said Convention shall constitute a quorum, and that the said Convention shall determine upon the returns and qualifieations of its members, and shall have and exereise all the rights, privileges and immunities ineident to such bodies, and may adopt sueh rules and regulations for its government as a majority thereof may direct. If a majority of said Convention do not assemble on the day appointed therefor, a less number is hereby authorized to adjourn from day to day.
Resolved, That in ease of the death, resignation, or non-attendance of any Delegate chosen from any District of the Territory, the President of the Convention shall issue his writ ordering a new eleetion on five days' notice, to be conducted as heretofore directed.
Resolved, That all white male inhabitants, citizens of the United States, above the age of twenty-one years, who have had a bona fide residence in the Territory of Kansas for the space of thirty days im- mediately preceding the day of election, shall be entitled to vote for Delegates to said Convention, and all white male inhabitants, eitizens of the United States, above the age of twenty-one years, who have resided in the Territory of Kansas for the space of three months immediately preceding the day of eleetion, shall be eligible as Delegates to said Convention.
Resolved, That if, at the time of holding said election, it shall be inconvenient, on account of Indian hostilities, or any other eause what- ever, that would disturb or prevent the voters of any eleetion precinct in the Territory from the free and peaceable exereise of the elective franchise, the officers are hereby authorized to adjourn said election into any other Precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive Judges, at which time and place the qualified voters may cast their votes.
Resolved, That no person shall be entitled to a seat in the Conven- tion, at its organization, except the members whose names are contained in the Proclamation of the Chairman of the Executive Committee. But after the Convention is organized, seats may be contested in the usual way.
Resolved, That the members of the Convention shall receive as a compensation for their services the sum of Three Dollars per day, and Three Dollars for every twenty miles travel to and from the same, and that Congress be respectfully requested to appropriate a sufficient sum to defray the necessary expenses of said Convention.
Resolved, That on the adoption of a Constitution for the State of Kansas, the President of the Convention shall transmit an authenticated eopy thereof. to the President of the United States, to the President of the Senate, to the Speaker of the House of Representatives, to each member of Congress, and to the Governor of each of the several States of the Union, and adopt such other measures as will seeure to the people of Kansas the rights and privileges of a Sovereign State.
The Executive Committee of Kansas Territory was appointed. It was composed of J. II. Lane, C. K. Holliday, M. J. Parrott, P. C. Sehuy- ler, G. W. Smith, G. W. Brown, and J. K. Goodin. The convention then adjourned.
On the following day at 5 o'clock, P. M., the Executive Committee met in Topeka, at the house of E. C. K. Garvey and organized for work
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KANSAS AND KANSANS
by electing James H. Lane as Chairman and Joel K. Goodin as Secre- tary. On the 21st of September the Committee met at the house of Dr. Robinson, at Lawrence to consider the work to be done. The Terri- tory was divided into four districts for "canvassing purposes." Meet- ings were appointed for these districts beginning September 27th and running to October 8th. Speakers, the most prominent men in the Ter- ritory, were assigned for the meetings.
The Proclamation calling an election for delegates to the Constitu- tional Convention was issued on the 22d. It named the "Second Tuesday of October next" as the date of the election, and set the date for the meet- ing of the Convention on the "4th Tuesday of October next" at Topeka. Polling places were specified, instructions to Judges of Election for- mulated, an apportionment of delegates made, and qualifications for voters set out.
The election was held on the 9th of October. Except at Leaven- worth there was no interference by Missourians. Andrew H. Reeder was chosen Delegate to Congress on the same day and at the same election. The total vote cast by the Free-State party for delegates to the Constitutional Convention was 2,710. The vote for Reeder was 2,849. These figures would indicate that there was on the 9th day of October, 1855, a Free-State population in Kansas Territory of at least 15,000. The Pro-Slavery population could not have been more than 5,000. To show the distribution of the Free-State population the vote cast for Reeder is here tabulated.
OCTOBER 9 .- ELECTION OF A. II. REEDER, DELEGATE TO CONGRESS
No. Place of
No.
No. Place of
No.
Dist. voting
Votes
Dist.
voting
Votes
[Lawrence
557
10 Rock Creek 30
1. Blanton
77
11 Black Vermillion 14
Palmyra
16
J2JSt. Mary's 19
/ Silver Lake 28
¿ Benicia 27
{Pleasant Hill 43
(Brownsville
24
13/ Falls Precinct. 45
Topeka
131
Hickory Point 11
3/ Tecumseh
31
Burr Oak 33
Doniphan 43
Camp Creek
7
Pelernio
32
4 Willow Springs 33
[Oceana
32
|Neosho
15{ Crosby's Store
39
Stanton
44
Jackson Crane's
30
5. Osawatomie
74
(Leavenworth 503
Pottawatomie 56
28
16{ Delaware 22
| Little Sugar Creek. 41
Easton 63
[Ridge Point 48
7
{ Fugua's 12
7 Council City 62
&Wabaunsee 26
/A. I. Baker's. 16
9 Pawnee 76
10 Big Blue 77
Total 2,849
[Scott Town 27
6% Columbia 20
17
) Mission 13
18 )Iowa Point 40
Moorestown 16
Big Springs
35
14
54
Wolf River 17
(Hampden 16
|Wyandotte 38
Big Sugar Creek.
Wakarusa
2 [Bloomington 116
465
KANSAS AND KANSANS
The returns show that forty-eight delegates were elected to the Con- stitutional Convention, and that a special election was called in Burr Oak and Wolf River precinets for three additional delegates. How- ever, only thirty-six signed the roll of the Convention. Thirty-seven signed the Constitution. The missing name from the roll is that of M. F. Conway. The roll shows the former political affiliation of the del- egates. Twenty-one had been Democrats, nine had been Whigs, four had been Republicans, and two subseribed themselves as Independents, Dr. Charles Robinson being one of these.
For the purpose of showing the wide field from which Kansas Ter- ritory was then drawing her population, the native States of the dele- gates are given :
Kentucky
5
Tennessee 2
Indiana
2
Maryland
1
New York
4
Massachusetts 2
Illinois
Pennsylvania 1
6
Ohio
5
Virginia
1
Maine
2
England
1
South Carolina
2
Ireland
1
North Carolina
1
Twelve of these delegates to form a Free-State Constitution for Kan- sas Territory were from the South-one-third of the Convention.
Twenty-one were from Ohio Valley States.
Two were from Massachusetts.
Only four were from all New England.
And this is about the proportion of Kansas population that these states and seetions always furnished.
The New England Emigrant Aid Company was then already past its zenith and on the wane in Kansas. Its part in settling Kansas and in making her a free State was negligible.
But when it comes to the office-holders in the Convention we find a different state of affairs. There were thirteen officers, and five of them were from New England-three from Massachusetts and two from New Hampshire.
The roll of the Convention is given on following page.
The Constitutional Convention met at Topeka, on Tuesday, the 23rd day of October, 1855. It assembled in a building fronting East on Kansas Avenue, just north of 5th street. This building still stands and is known as Constitution Hall. The Convention was called to order by Judge John A. Wakefield. The deliberations were opened with prayer by Reverend Richard Knight. The roll of the delegates was called by Joel K. Goodin, Secretary of the Executive Committee. But twenty-one members answered to the roll eall. A quorum not hav- ing been seeured, the Convention adjourned until 9 o'clock Wednes- day morning. The roll call on Wednesday showed a quorum present,- thirty members. The organization of the Convention was proceeded with. G. O. Smith, of Lawrenee, was chosen Seeretary. On motion of Colonel M. W. Delahay, James H. Lane was elected President. He Vol. 1-30
466
Members Names
Residence
Occupation
Where born
Age
Married or Single Former Politics
Prest of Convention
J. H. Lane ..
. Lawrence
Lawyer
Kentucky
33
Married
Democrat
John Landis
. Doniphan
. Farmer
Kentucky
28
Married
Democrat
James M. Arthur
Sugar Creek
Farmer
Indiana
38
Married
Democrat
Alfred Curtles
. Bloomington
. Lawyer
New York
32
Single
Whig
James L. Sayle ..
Kickapoo
. Farmer
. Illinois
37
Married
Whig
David Dodge ..
. Leavenworth
Lawyer
N. Y.
25
Single
Democrat
Joel K. Goedin ..
Clear Lake
Lawyer & Farmer
Ohio
31
Married
Democrat
Geo. S. Hillyer ..
Grasshopper Falls
Farmer
Ohio
3.
Married
Whig
J. S. Emery.
. Lawrence
. Lawyer
Maine
26
Single
Democrat
Philip Church Schuyler
.. Council City
Farmer
New York
50
Married
Republican
Morris Hunt
. Lawrence
. Lawyer
Ohio
27
Single
Whig
John A. Wakefield
Elysian Plains
. Lawyer
39
Married
Whig
George Albert Cutler.
Doniphan City
Physician
. Tennessee
23
Single
Republican
Orville C. Brown.
Osawatomie
Farmer
New York
44
Married
Whig
Charles Walter Stewart
Doniphan .
. Farmer
. Kentucky
42
Married
Democrat
Samuel Mewhinney
. Prairie City
.Farmer
Ohio
4.5
Married
Democrat
Marcus J. Parrott.
Leavenworth City
Lawyer
South Carolina
26
Single
Democrat
Mark. Wm Delahay.
. Leavenworth City
.Lawyer & Journalist.
. Maryland
37
Married
Democrat
Chas Robinson
Lawrence
Agent Em. Aid Co.
Mass.
37
Married
Independent
Geo, W. Smith.
Lawrence
Atty At Law.
. Penna
Married
Whig
Harrison Burson
. Bloomington
. Farmer
. Virginia
36
Msrried
Whig
Ricbd Knight
Hampden
. Clergy man
England
18
Married
Independent
Robert Klotz
. Pawnee
Merchant
I'ennsylvania
Married & 1 Boy
Democrat
William Graham
Prairie City
. Physician
. Ireland
39
Married
Dem
Samuel N. Latta.
Leavenworth City
Atty
Ohio
36
Married
Whig
C. K. Holliday ..
Topeka
Lawyer & Farmer
Pennsylvania
67
Married
Democrat
James Madison Tuton
Bloomington
. Minister & Farmer.
. Tenn
33
Married
Democrat
William Young Roberts
. Washington
Farmer
. Penna
41
Single
Democrat
John G. Thompson.
Silver Lake
Saddler
Penn
55
Married
Democrat
R. H. Crosby ...
Ocena
. Merchant
Maine
21
Single
Republican
Amery Hunting
Manhattan
Physician
. Mass,
Married
Republican
Stanford McDaniel
Residence Round Prairie ..
.Farmer
. N Carolina
31
Married
Democrat
John H. Nesbitt ..
Wabaunsee
Merchant
. Pa
29
Single
Dem
Wm R. Griffith ..
Fort Scott
. Farmer
... Indiana
Married
Freesoil Demo.
Thomas Bell
Burr Oak Bottom
Farmer
. Kentucky
Married
Democret
Caleb May
Ocena
Farmer
. . Kentucky
Married
Democrat
KANSAS AND KANSANS
South Carolina
467
KANSAS AND KANSANS
received fifteen votes out of nineteen cast. On taking the chair Lane delivercd an inspiring address, in which he pictured the glory of Kan- sas, and her sacrifices voluntarily made for liberty.
Reporters for various newspapers were present, including the Chi- cago Tribune, New York Tribune, Missouri Democrat outside of Kan- sas, and the Herald of Freedom and Kansas Tribune in the State.
The Convention remained in session until the 11th of November. when it adjourned, its work having been completed. It framed a state constitution, which upon examination, stands the test of time for patri- otism and statesmanship. There had not been sufficient time since the opening of the Territory for the requirements of the Territory to be fully manifest. Only the eastern part of the State contained settlers. The struggle for a free State eentered the energies of the Convention on questions affecting that issue. The convention dealt much with gen- eralities and considered seriously only those specifie things affecting directly the erection of a free State. The great underlying principles of all government were considered.
It was provided that the Constitution should be presented to the people for ratification at an election held December 15, 1855.
At the same election there was submitted to the people for adop- tion or rejeetion, a general banking law.
A second provision was also submitted. This was the exclusion of all negroes and mulattoes, both free and slave, from the State of Kan- sas, forever.
A Memorial to Congress was framed praying for the admission of Kansas as a State under this Constitution, should it be adopted by the people.
In case of the adoption of the Constitution, a State government was to be organized under its provisions. This government was to have the usual officers, and generally the functions of a State of the Amer- ican Union. As a matter of defense, and to render nugatory the just charge of insurrection, it was insisted, and generally understood, that the action of the government to be formed, and in the enaetment of its Legislature, was to be inoperative and null and void, until the state movement, under the Topeka Constitution should be recognized by the Federal Government and the State admitted into the Union.
The Constitution provided that there should be no slavery in Kan- sas, no involuntary servitude, except for erimes committed. It also provided that the indenture of any negro or mulatto made or executed out of the bounds of the State should not be valid within the State. By sections, the constitution was divided as follows:
Article I. Twenty-two sections under the head of Bill of Rights.
Article H. Thirteen sections; the Elective Franchise.
Artiele IIT. The Distribution of Powers; one seetion.
Artiele IV. The Legislative Department of Government: twenty- seven sections.
Article V. The Executive Department; twenty-one sections.
Article VI. The Judicial Department ; eighteen sections.
468
KANSAS AND KANSANS
Article VII. Educational System; four sections.
Article VIII. Five sections; Public Institutions.
Article IX. Five sections; Public Order and Public Work.
Article X. Militia; seven sections.
Article XI. A scheme of Finance and Taxation; four sections.
Article XII. Four sections; County and Township Offices.
Article XIII. Two sections; Corporations.
Article XIV. Four sections; Jurisprudence.
Article XV. Miscellaneous Matters; five sections.
Article XVI. Ways for Amendments to the Constitution; four sec- tions.
Article XVII. Eleven sections; Banks and Currency.
The result of the election for the ratification of the Constitution was: For the Constitution, 1,731. Against the Constitution, 46.
In Leavenworth the election was disturbed by a Pro-Slavery mob, and the polling lists destroyed. Not counting the votes of that pre- cinet, the total vote cast was 1,778. The Constitution having been adopted, a convention was called for the purpose of nominating a ticket for officers, under its provisions. This convention met at Lawrence, Saturday, December 22, 1855, and put up a Free-State ticket as fol- lows: For Governor, Charles Robinson; Lieutenant Governor, W. Y. Roberts: Secretary of State, P. C. Schuyler; Treasurer of State, J. A. Wakefield: Judges of the Supreme Court, S. N. Latta, M. F. Conway, and Morris Hunt; Attorney General, H. Miles Moore; Auditor, G. A. Cutler; State Printer, John Speer; Clerk of the Supreme Court, S. B. Floyd; Reporter of Supreme Court, E. M. Thurston; Representative to Congress, Mark W. Delahay. Opposition to Robinson appeared imme- diately after the Convention. There was a large element in the Free- State party of Kansas who always distrusted Robinson. It was said that the radical element had secured the offices. The ticket of the dis- satisfied element deposed Robinson for Governor and substituted W. Y. Roberts. Other changes were made. Colonel Lane, and other lead- ers, took strong grounds against this schism, saying that the Free-State party could not afford to wrangle and show a divided front on any question. The revolt was soon suppressed, but there was some dissatis- factien up to the day of the election. The bolting ticket was voted for, Roberts receiving 410 votes for Governor to 1,296 for Robinson.
One thing was clearly shown in the organization of the Free-State party, and the framing of the Topeka Constitution. That was, that James H. Lane was the leader of the Free-State forces in Kansas Ter- ritory. The record of the Executive Committee of Kansas Territory is preserved in the library of the Kansas State Historical Society. The proclamations and all publie utterances were evidently the work of Lane. They show a wonderful insight into the conditions of those times, and reveal genuine statesmanship in dealing with the dangerous conditions through which the Free-State people of Kansas Territory were passing. Lane seemed equal to every occasion. A system of revenne was devised by him. It was a currency signed by himself as
469
KANSAS AND KANSANS
Chairman of the Executive Committee, and attested by J. K. Goodin, Secretary. The expenses of the Executive Committee and the Consti- tutional Convention were defrayed in this currency. Its total issue amounted to $15,265.90. Much of it has come into the library of the Kansas State Historical Society. It is the Continental money of Kan- sas. It has never been redeemed, for the reason that the Topeka move- ment ultimately failed of recognition by the United States government. There was no repudiation in the non-payment of this currency. It had been understood from the first that it would be worthless should the Topeka movement fail of Federal recognition. The period of the for- mation of this Constitution was the beginning of the dark period for the Free-State men in Kansas, and Lane is the man who stood in the breach. We shall see that he stood at the front and fought baek the Border-Ruffians in the eivil war which prevailed in the summer of 1856. The establishment of Kansas as a free State is due to James H. Lane more than any other man.
THE FIRST THANKSGIVING
The first Thanksgiving in Kansas was appointed by James H. Lane, Chairman of the Executive Committee of Kansas Territory, as follows :
PROCLAMATION
FOR A DAY OF PUBLIC THANKSGIVING AND PRAISE
In pursnanee of a long established usage, which has always found a cheerful acquiescence in the hearts of a grateful people, and by direction of the Executive Committee of Kansas Territory, I do hereby appoint and set apart Tuesday, the 25th day of December next, to be observed by the people of Kansas as a day of public Thanksgiving and praise.
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