USA > Kansas > A standard history of Kansas and Kansans, Volume I > Part 64
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The men to be rallied by Allen and Hughes were to meet at the house of William Estabrook, and Smith and Tappan left Abbott's house and went there. The men at Estabrook's were to go to the house of Abbott as soon as the strength of the neighborhood had assembled. Blanton's bridge was guarded and the three fords between the bridge and Franklin were pieketed.
It was about eleven o'clock when Wood and Abbott returned. They were much disappointed. They had gone back to Branson's house, some six miles, only to find Branson gone and his wife in frantic distress. She described the manner in which Branson had been arrested. How Jones had disappeared was a mystery. They were encouraged, however, to find so many of the settlers assembled at Abbott's house ready to do what they could to save Branson.
The moon was a little past the full, and while the first part of the night had been very dark, it was as light as day when the moon rose in the heavens. The air was clear, and there was no wind. Charles H. Dickson and J. R. Kennedy were on guard on the Hickory Point road. Dickson was lying flat on the ground scanning the road and surrounding prairie, when he observed moving objects about two-thirds of a mile away. As
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they came nearer it was plain that they were a body of men. Diekson and Kennedy ran at full speed to Abbott's house and gave the alarm. The delay of Jones had been caused, as we have seen, by his leading his men to a Pro-Slavery house to get whiskey. They had remained there drinking until the moon was high.
The men at Abbott's house rushed out upon receipt of the intelligence that Jones was approaching. They stood in the shadow of the house until Jones and his company were near, then they formed themselves across the
JAMES B. ABBOT
[Copy by Willard of Portrait in Library of Kansas State Historieal Society ]
road. Philip Hupp was the first man to cross. The next was Paul Jones, and they were armed with squirrel rifles. Captain Philip Hutchinson followed, armed with a handful of heavy stones. Kennedy and Dickson followed Hutchinson. The Jones party rode np, halted, and some one of their number asked "What's up?" To this Major Abbott replied, "That is what we want to know," and fired his revolver. Again the question from Jones' party, "What's up?" Kennedy told Abbott to inquire if Branson were there. Branson said that he was, and that he was a prisoner. A number of the Free-State party called out for Branson to "come out of that." This Branson feared to do, saying Vol. 1-32
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"They will shoot me if I do." S. N. Wood, said, "Let them shoot and be d-d. We can shoot too." This encouraged Branson and he said, "I will come if they do shoot," and he rode over to the Free-State side. When Branson started, the Pro-Slavery men cocked their guns and raised them to their shoulders. The Free-State men did the same. When Branson came over, he dismounted, and Wood inquired if that was his mule. Branson said it was not. Wood then gave the mule a kick and said "Go back to your master, d-n you."
At this point Jones advanced and said that he was the Sheriff of Doug- las County, with a warrant for the arrest of Branson, and must serve it. The Free-State men said they knew of no such man as Sheriff Jones ; that they knew a postmaster at Westport, Missouri, by that name. Wood said he was Branson's Attorney, and if Jones had a warrant, he should like to examine it. Jones refused to show the warrant. The parties stood facing each other about an hour, when Jones, seeing that nothing could be accom- plished, and that his prisoner was irretrievably lost, turned his company about and bade the Free-State men good-night.
The rescue of Branson was planned by Elmore Allen, Joshua Hughes, Samuel F. Tappan, Samuel C. Smith, Samuel N. Wood, James B. Abbott, Mrs. Abbott and Charles H. Dickson. Those who responded to the alarm and became members of the rescue party were Rev. Julius Elliott, Collins Holloway, John R. Kennedy, Captain Philip Hutchinson, Philip Hupp, Minor B. Hupp, Edmond Curless, Paul Jones, John Smith, B. Hitchcock, Isaac Shaffer, Ad. Rowley, Harrison Nichols and L. L. Eastabrook.
The rescuing party decided to take Branson to Lawrence. This they did in military style. Abbott owned a drum, sword and other military trappings. He was the only drummer in the party. Wood was decorated with the sword and given command of the company, which entered Law- rence about daylight and marched up Massachusetts street to the stirring tattoo of the drum, stopping in front of the residence of Charles Robinson. They reported what they had done and asked counsel. Robinson discour- aged them, saying that it was their own matter; that they should not have come to Lawrence; and that he did not want the town involved in their transactions. He also said that they should not expect Lawrence, or any citizen in it, to have anything to do with their plans. They left Robin- son's house and continued to parade the streets. Gathering a crowd of citizens in a meeting, they considered the situation. Wood was made President of this meeting and recited the story of what had occurred at Hickory Point and at the house of Abbott. Branson was called on. He went over the story of Hickory Point with tears coursing down his face, ending with an allusion to his wife alone in her cabin and himself with- out knowledge of her fate. He declared that he would leave the town if the citizens thought it best for him to do so, as he did not wish the residents to suffer the consequences of what had happened at Hickory Point and Abbott's house. Nobody acted on his suggestion, and the meeting proceeded. It was certain that Jones would make an effort to secure his prisoner. It was also believed that he would hold the town of Lawrence responsible for the rescue, and perhaps attack it, as it was
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said that he had made threats to destroy Lawrence. A resolution en- dorsing the course of the rescuing party was offered but unanimously rejected. It was the sentiment of the meeting that no action should be taken on the reseue. It is said that this course was adopted at the sug- gestion of Robinson. A committee of ten was finally appointed to take into consideration the entire matter and report at an adjonrned meeting to be held in the afternoon. The whole proceeding has not been pre- served ; that portion of the utteranee of the meeting on record being as follows :
We, the citizens of Kansas Territory, find ourselves in a condition of confusion and defencelessness so great, that open outrage and mid-day murders are becoming the rule, and quiet and security the exception. And, whereas, the law, the only authoritative engine to correct and regulate the exeesses and wrongs of society, has never yet been extended to our Territory-thus leaving us with no fixed or definite rules of action, or source of redress-we are reduced to the necessity of organ- izing ourselves together on the basis of first principles, and providing for the common defense and general seenrity. And here we pledge our- selves to the resistance of lawlessness and outrage at all times, when required by the officers who may from time to time be chosen to superin- tend the movements of the organization.
A paper or compact was presented to each member at the adjourned meeting for his signature. It was recommended that the citizens so organized should hold themselves apart from any other organization, that they might be ready to defend the town and not be involved in any demonstrations that might be made. The committee of safety (of ten) was continued.
THE BORDER-RUFFIANS
After he had lost his prisoner to the reseuers at Abbott's . house, Sheriff Jones went to the town of Franklin. Most of his posse lived in and about that town. When it was told abroad that the Free-State men had rescued Branson, there was considerable excitement among the Pro-Slavery settlers there. A Mr. Wallace was engaged in mercantile business in Franklin and had been one of the posse. While away from his store he had employed L. A. Prather to remain in charge. Prather went to the store the morning after the rescue. He found Mr. Wallace there. They went together to the hotel. To Prather, Wallace said that Jones intended to send to Missouri for aid. In the hotel lobby, or com- mon room, which was crowded with men, they found Mr. Jones writ- ing. Wallace remarked to Prather, "Mr. Jones is now writing a despatch to send to Colonel Boone." Boone lived at Westport. Prather inquired why the despatch was not sent to Governor Shannon. His question was in a voice loud enough to be heard by Jones, who gave it no atten- tion. When Jones had completed his letter, he went to the door and gave it to either Coleman, Hargis or Buckley. Mr. Prather heard the messenger called by all these names, but not having any personal acquaintance with the gentlemen, he could not say which one carried
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the letter to Colonel Boone. As he started away with the despatch, Jones said, "That man is taking my despatch to Missouri, and by God, I will have revenge before I see Missouri." About an hour later, Jones sent another despatch, and Mr. Wallace informed Prather that it was directed to Governor Shannon, requesting him to raise the militia for aid. Mr. Wallace also said that the messenger to Governor Shannon was Josiah Hargis. The despatch to Governor Shannon was as fol- lows :
Sheriff Jones to Governor Shannon
DOUGLAS COUNTY, K. T., Nov. 27, 1855.
Sir :
Last night I, with a posse of ten men, arrested one Jacob Bransom by virtue of a peace-warrant regularly issued, who, on our return was rescued by a party of forty armed men, who rushed upon us suddenly from behind a house upon the road-side, all armed to the teeth with Sharpe's rifles.
You may consider an open rebellion as having already commenced, and I call upon you for three thousand men to carry out the laws. Mr. Hargis (the bearer of the letter), will give you more particularly the circumstances.
Most Respectfully, SAMUEL J. JONES, Sheriff of Douglas County.
To His Excellency,
WILSON SHANNON, Governor of Kansas Territory.
What Sheriff Jones intended to do was then known only to him- self. The only expression of his intentions being found in his general remark-"That man is taking my despatch to Missouri, and by God, I will have revenge before I see Missouri." The fact that he had called for three thousand men with which to carry out the law, very clearly indicates that the rescue of Branson had been seized upon by him as a pretext to make indiscriminate war on the Free-State settlers of Kan- sas Territory. Governor Shannon made no investigation for himself as to the conditions prevailing at Lawrence, Hickory Point, or any other place in the Territory. In seeking to justify himself, later, he referred to the Platform and Resolutions of the Free-State party at the Big Springs Convention. In his statement he says :
I therefore deemed it incumbent upon me, as the chief executive of Kansas Territory, to enforce the laws and protect the sheriff, and his prisoner Coleman, from the violence and rescue which had been threat- ened and in part carried out by this mob, for I firmly believed (being in possession of the facts), that the overt acts just committed by the Free State party were but the commencement of a settled plan and determination to resist and bid defiance to the Territorial laws, in accord- ance with the resolutions already quoted.
It will be noted that the Governor expressed the belief, "that the overt acts just committed by the Free-State party, were but the com- mencement of settled plan and determination to resist and bid defiance
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to the Territorial laws. . The Governor issued an order to Major General William P. Richardson, of Doniphan County, which he forwarded by special messenger, as follows:
HEAD QUARTERS, SHAWNEE MISSION, K. T., Nov. 27, 1855.
MAJOR-GENERAL WILLIAM P. RICHARDSON.
Sir: Reliable information has reached me that an armed military foree is now in Lawrence, or in that vicinity, in open rebellion against the laws of this Territory; and that they have determined that no process in the hands of the sheriff of that county shall be executed. I have received a letter from S. J. Jones, the sheriff of Douglas County, informing me that he had arrested a man under a warrant placed in his hands; and while conveying him to Lecompton, he was met by an armed force of some forty men, who rescued the prisoner from his custody, and bid open defianee to the law. I am also duly informed that a band of armed men have burned a number of houses, destroyed personal property, and turned whole families out of doors. This has occurred in Douglas County; warrants will be issued against these men and placed in the hands of Mr. Jones, the sheriff of that county, for execu- tion ; who has written to me, demanding three thousand men to aid him in preserving the peace and carrying out the process of the law.
You are hereby ordered to colleet together as large a force as you can in your division, and to repair without delay to Lecompton, and report yourself to S. J. Jones, Sheriff of Douglas County. You will inform him of the number of men under your control, and render him all the assistance in your power, should he require your aid in the execution of any legal process in his hands.
The forces under your command are to be used for the sole purpose of aiding the sheriff in executing the law, and for none other.
I have the honor to be, Your obt. servt., WILSON SHANNON.
The Governor also issued the following order to General H. J. Striekler, of Tecumseh, Shawnee County :
HEAD QUARTERS, SHAWNEE MISSION, K. T., Nov. 27th, 1855. GEN. H. J. STRICKLER :
Sir: I am this moment advised by letter from S. J. Jones, sheriff of Douglas County, that while conveying a prisoner to Lecompton, whom he had arrested by virtue of a peace-warrant, he was met hy a band of armed men, who took said prisoner forcibly out of his possession, and bid open defiance to the execution of law in this Territory. He has demanded of me three thousand men to aid him in carrying out the legal process in his hands. As the Southern Division of the Militia of this Territory is not yet organized, I can only request you to colleet together as large a foree as you can, and at as early a day as praetieable. and report yourself, with the men you may raise, to S. J. Jones, Sheriff of Douglas County, to whom you will give every assistance in your power towards the execution of the legal process in his hands. Whatever forces you may bring to his aid are to be used for the sole purpose of aiding the said sheriff in the execution of the law, and none other.
It is expected that every good eitizen will aid and assist the lawful authorities in the execution of the laws of the Territory and the preserva- tion of good order. Your obt. servt.,
WILSON SHANNON.
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Governor Shannon later said that he presumed the forces of Gen- eral Richardson and General Strickler would be drawn from the citi- zens of Kansas Territory subject to military duty, and that it had never for a moment occurred to him that the citizens of Missouri would cross into Kansas and volunteer their aid to carry out her laws,
The Missourians were quick to respond to the call of Sheriff Jones, and it is necessary to note that Sheriff Jones had ignored Governor Shannon in the beginning and made his appeal directly to the people of Missouri. The call on Governor Shannon was a secondary matter. It was the intention to proceed against the Free-State men whether that action was approved by Governor Shannon or not. In his statement, justifying the action of the Missourians, Governor Shannon said :
The men of Missouri heard that the Territorial laws were set at defiance; that the sheriff of the county-a Virginian, well known and highly esteemed, and, moreover, a strong Pro-Slavery man-was actually threatened with death by an armed Abolition mob; they heard, too (for when did rumor ever lose strength as it flies?) that these outlaws were fortifying themselves, drilling day by day, were sending to distant States for men, were amply supplied with the most deadly weapons which modern skill has devised, and even provided with artillery. They knew, too, that this was no disturbance born of a transient excitement, and nurtured by the passions of an hour. On the contrary, it was understood to be a eold-blooded, long-foreseen, and carefully pre- pared-for thing. And what was the most natural result? The gathering in the camp at Wakarusa may best answer the question. Missouri sent, not only her young men, but her grey-headed eitizens were there; the man of seventy winters stood shoulder to shoulder with the youth of sixteen. There were volunteers in that eamp who brought with them not only their sons, but their grandsons, to join, if need be, in the expected fray. Every hour added to the excitement, and brought new fuel to the flame. What wonder, then, that my position was an embar- rassing one! Those men came to the Wakarusa camp to fight; they did not ask peace : it was war-war to the knife. They would eome; it was impossible to prevent them.
L. J. Eastin, at Leavenworth, wrote Governor Shannon the follow- ing letter :
LEAVENWORTH, K. T., Nov. 30th, 1855.
GOVERNOR SHANNON :
Information has been received here direct from Lawrence, which I consider reliable, that the outlaws of Douglas County are well fortified at Lawrence with cannon and Sharpe's rifles, and number at least one thousand men. It will, therefore, be difficult to dispossess them.
The militia in this portion of the State are entirely unorganized, and mostly without arms.
I suggest the propriety of calling upon the military at Fort Leaven- worth. If you have the power to eall out the Government troops, I think it would be best to do so at once. It might overawe these outlaws and prevent bloodshed.
(Signed) L. J. EASTIN, Brig. General, Northern Brigade, K. M.
Governor Shannon, without making any further inquiry, proceeded to call upon the military forces of the United States. He despatched a
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message to Colonel Sumner, First Cavalry, U. S. A., at Fort Leaven- worth, requesting him to hold himself in readiness to move promptly in case he should receive instructions to do so from Washington. To that message Colonel Sumner replied as follows :
HEAD QUARTERS, IST CAVALRY, FORT LEAVENWORTH, DECEMBER 1st, 1855.
GOVERNOR :
I have just received your letter of this day. I do not feel that it would be right in me to act in this important matter until orders are received from the government. I shall be ready to move instantly when- ever I receive them. I would respectfully suggest that you make your application for aid to the government extensively known at once, and I would countermand any orders that may have been given for the move- ment of the militia until you receive the answer. I write this in haste.
With much respect, your obt. servt.,
(Signed) E. V. SUMNER, Col. First Cavalry.
His excellency. GOVERNOR SHANNON.
Upon receipt of the communication of Colonel Sumner, Governor Shannon wrote to both General Richardson and Sheriff Jones, the com- munication to Richardson being here set out.
EXECUTIVE OFFICE, SHAWNEE MISSION, K. T., DECEMBER 2d, 1855. My Dear Sir :
I have written a letter to Sheriff Jones, informing him of what I have done, and putting him in possession of the fact that I am in constant expectation of receiving authority from Washington to call out the regular troops at Fort Leavenworth. I have notified Colonel Sumner of this, and am in receipt of his reply, assuring me that he will be ready . at any moment to move with the whole force at his command, so soon as the orders are received from the General Government. These orders are confidently expected in a day or two. I am desirous to employ the United States forces, as it would have a most salutary effect upon these lawless men hereafter; for when they find that the regular troops can be used to preserve the peace and execute the law in this Territory, they will not be so ready to place themselves in a hostile attitude. In the meanwhile you will remain with Sheriff Jones, and retain a sufficient force with you to protect that officer, and secure the safety of his prisoner; the remainder of your men will be kept at a distance, but be held in readiness to give their services whenever they may be required to act. You will be careful in preserving order, and in restrain- ing your people from any illegal act. Let everything that is done, be for the preservation of law and order. Your duties are to protect the Sheriff, and enable him to serve the legal process in his hands; when these objects are accomplished, your command will retire.
I shall accompany Colonel Sumner with the United States forces, when they move. Yours, with great respect, WILSON SHANNON.
The instructions from Governor Shannon to Sheriff Jones were more explicit, as is shown by the communication itself.
EXECUTIVE OFFICE, SHAWNEE MISSION, K. T., DECEMBER 2d, 1855. Sir :
I am in receipt of Colonel Sumner's reply to my dispatch, in which he informs me that he will be ready at a moment's warning to move
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with his whole force, if desired, on the arrival of his orders from Washington. My telegraphie dispatch to the President must have reached its destination by this time, and an answer should soon come to hand. I have no doubt but that the authority which I have requested -to call upon the United States troops-will be granted. Under these circumstances, you will wait until I can obtain the desired orders before attempting to execute your writs. This will save any effusion of blood, and may have a moral influence hereafter, which would prevent any farther resistance to the law; for when these lawless men find that the forces of the United States can be used to preserve order, they will not be so ready to adopt an opposing course. And if necessary, steps will be taken to station an adequate force in the disturbed district to protect the people against mob violence, and to secure the fulfillment of the laws.
You will retain a sufficient force to protect yourself and guard your prisoner ; anything beyond this had better remain at a distance, until it can be ascertained whether their aid will or will not be needed. The known deficiency in arms, and all the accoutrements of war which must necessarily characterize the law-abiding citizens, who have rushed to your assistance in the maintenance of order, will invite resistance from your opponents, who are well supplied with arms; it would be wrong, therefore, to place your men in a position where their lives would be endangered, when we shall in all probability have an ample force from Fort Leavenworth in a few days.
Show this letter to Major-General Richardson, and also to General Eastin, who, as I am advised, have gone to your aid. Their destination is Lecompton, but they will join you wherever you are. Their forces are but small, and may be required for your protection until advices are received from Washington.
I send you, with this, a communication to General Richardson, which you will please deliver to him at as early a day as practicable. As I ยท refer him to this my letter to you, for my views, you will permit him to read it. Let me know what number of warrants you have, and the names of the defendants. I shall probably accompany Col. Sumner's command. Yours, with great respect,
WILSON SHANNON.
SHERIFF JONES, Lecompton.
The attitude of the Governor was displeasing to Sheriff Jones. He immediately informed the Governor that prompt action was necessary. He feared the melting away of his Missouri forces. It was his desire to have the matter come to an issue while the Border-Ruffians were armed and in the Territory, so he wrote Governor Shannon the follow- ing letter :
CAMP, AT WAKARUSA, DEC. 4th, 1855.
HIS EXCELLENCY, GOVERNOR WILSON SHANNON :
Sir: In reply to your communication of yesterday I have to inform you that the volunteer forces. now at this place and at Lecompton, are getting weary of inaction. They will not, I presume, remain but a very short time longer, unless a demand for the prisoner is made. I think I shall have a sufficient force to protect me by to-morrow morning. The force at Lawrence is not half so strong as reported; I have this from a reliable source. If I am to wait for the Government troops, more than two-thirds of the men now here will go away, very much dissatisfied. They are leaving hourly as it is. I do not, by any means, wish to violate your orders, but I really believe that if I have a sufficient force, it would be better to make the demand.
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It is reported that the people of Lawrence have run off those offenders from that town, and, indeed, it is said that they are now all out of the way. I have writs for sixteen persons, who were with the party that rescued my prisoner. S. N. Wood, P. R. Brooks, and Saml. Tappan are of Lawrence, the balance from the country round. Warrants will be placed in my hands to-day for the arrest of G. W. Brown, and probably others in Lecompton. They say that they are willing to obey the laws, but no confidence can be placed in any statements they may make.
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