USA > Kansas > A standard history of Kansas and Kansans, Volume I > Part 75
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Pate afterwards said, "I was taken prisoner under a flag of truee. I had no alternative but to submit or to run and be shot. I went to take Old Brown and Old Brown took me." The arms of the Missourians were taken from them and they were marched to John Brown's camp on Ottawa Creek. Just as the prisoners were being started on the march to that point, J. B. Abbott arrived on the battle-field with his company of "Stubbs." He had heard the firing in the morning, and had speedily assembled his company and come to the assistance of Brown, but arrived too late to be of any service. Pate afterwards affirmed that he had not been fairly dealt with, and that he was captured under a flag of truce. John Brown cared very little as to how he had captured Pate or any other Border-Ruffian, but there is no evidence beyond the assertion of Pate that he violated a flag of truce. In the New York Tribune of July 11, 1856, appears the reply of John Brown to Captain Pate, and this reply is a good account of the battle. It also contains the articles of agreement entered into between Captains Brown and Shore, and Pate. It is here set out :
LAWRENCE, K. T., TUESDAY, JULY 1, 1856.
I have just read in the Tribune of June 13, an article from the pen of Capt. H. C. Pate, headed "The Battle of Black Jack Point," (in other words the battle of Palmyra), and take the liberty of correcting a very few of Capt. Pate's statements in reference to that affair, having had personal cognizanee of what then oceurred. The first statement I would notice is in these words: "At first the enemy squatted down in open prairie and fired at a distance from 300 to 400 yards from us. Their lines were soon broken and they hastily ran to a ravine for shelter." This is wrong, as my company formed a distinct line from Capt. Shore and his men, and withont stopping to fire a gun passed at once into a ravine on the enemy's right, where we commenced our fire on them, and where we remained till the enemy hoisted the white flag. I expected Capt. Shore to form his men and oeenpy a similar position on the left of the enemy, but was disappointed, he halting on the eastern slope above the ravine, in front of the enemy's eamp. This I consider as the prin- eipal mistake in our part of the action, as Capt. Shore was unable to retain this nnfortunate position : and when he with part of his men left it and joined my company, the balance of his company quit the field entirely. One of them was wounded and disabled. Capt. Shore and all his men, I believe, had for a considerable time kept that position, and received the fire of the enemy like the best regular troops (to their praise I would say it) and until they had to a considerable extent exhausted their ammunition. Capt. Pate says: "When the fight com- meneed our forces were nearly equal." I here say most distinctly. that
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twenty-six officers and men all told, was the entire force on the Free State side who were on the ground at all during the fight or in any way whatever participated in it. Of these Capt. Shore and his com- pany numbered sixteen all told. My company, ten only, including myself. Six of these were of my own family. He says further, "but I saw reenforeements for the Abolitionists were near," &e. Capt. Pate, it seems, could see much better than we; for we neither saw nor received any possible reenforeements until some minutes after the surrender, nor did we understand that any help was near us, and at the time of the surrender our entire foree, officers and men, all told had dwindled down to but fifteen men, who were either on or about the field. Capt. Shore and his men had all left the field but eight. One of his men who had left was wounded and was obliged to leave. Of the eight who remained four, whose names I love to repeat, stood nobly by four of my men until the fight was over. The other four had, with two of my company, become disheartened and gone to a point out of reach of the enemy's fire, where, by the utmost exertion, I had kept them to make a little show, and busied one of them in shooting mules and horses to divert the others and keep them from running off. One of my men had been terribly wounded and left, after holding on for an hour afterward. Fifteen Free State men, all told, were all that remained on and near the ground at the time the surrender was made; and it was made to nine men only, myself ineluded in that number. Twenty-five of the enemy, including two men terribly wounded, were made prisoners. Capt. Pate reproaches me with the most dishonorable violation of the rights secured under a flag of truee, but says: "My objeet was to gain time, and if possible have hostilities sus- pended for a while." So much, in his own language, for good faith, of which he found me so destitute. Now for my own dishonorable viola- tion of the flag of truee: When I first saw it I had just been to the six discouraged men above named, and started at onee to meet it, being at that moment from sixty to eighty rods from the enemy's eamp, and met it about half way carried by two men, one a Free State man, a prisoner of theirs; the other was young Turner, of whom Capt. Pate speaks in such high terms. I think him as brave as Capt. Pate represents. Of his disposition and character in other respeets I say nothing now. The country and the world may probably know more hereafter. I at onee learned from those bearing the flag of truce that in reality they had no other design than to divert me and consume time by getting me to go to their eamp to hear explanations. I then told young James to stand by me with his arms, saying, "We are both equally exposed to the fire of both parties," and sent their prisoner back to tell the Captain that, if he had any proposal to make, to come at onee and make it. He also eame armed to where I and young James were-some forty or fifty rods from either party and I alone. He immediately began to tell about his anthority from the General Government, by way of explanation, as he said. I replied that I should listen to nothing of that kind, and that, if he had any proposal to make, I would hear it at once, and that, if he had none for me, I had one for him, and that was immediate and nn- conditional surrender. 1 then said to him and young JJames, (both well armed, ) "You must go down to your camp, and there all of you lay down your arms," when the three started, they continuing armed until the full surrender was made. I. an old man, of nearly sixty years. and fully exposed to the weapons of two young men at my side, as well as the fire of their men in the eamp. so far, and no further, took them prisoners under their flag of truce. On our way to their camp, as we passed within hailing distance of the eight men who had kept their position firm, I directed them to pass down the ravine in front of the
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enemy's camp, about twenty rods off, to receive the surrender. Such was my violation of the flag of truce. Let others judge. I had not during the time of the above transactions with Capt. Pate and his flag of truce a single man secreted near me who could have possibly have pointed a rifle at Capt. Pate, nor a man nearer than forty rods till we came near their camp. Capt. Pate complains of our treatment in regard to cooking, &c, but forgets to say that, after the fight was over, when I and some of my men had eaten only once in nearly forty-eight hours, we first of all gave Capt. Pate and his men as good a dinner as we could ob- tain for them, I being the last man to take a morsel. During the time we kept them it was with difficulty I could keep enough men in camp away from their business and their families to guard our prisoners; I being myself obliged to stand guard six hours-between four in the afternoon and six in the morning. We were so poorly supplied with provisions that the best we could possibly do was to let our prisoners use their own provisions; and as for tents, we, for the most part, had none, while we sent a team and brought in theirs, which they occupied exclusively. Capt. Pate and his men had burned or carried off my own tent, where one of my sons lived, with all its contents, provisions &c, some four or five days before the fight. We did not search our prisoners, nor take from them one cent of their money, a watch or anything but arms, horses. and military stores. I would ask Capt. Pate and his men how our people fared at their hands at Lawrence, Osawattamie, Brown's Station and elsewhere, my two sons, John, Jr., and Jason Brown, being of the number? We never had, at any time, near Capt. Pate, or where his men were, to exceed half the number he states. We had only three men wounded in the fight, and all of those have nearly recovered, and not one killed or since dead. See his statement. I am sorry that a young man of good acquirements and fair abilities should, by his own state- ment, knowingly and wilfully made, do himself much greater injury than he even accuses "Old Brown" of doing him. He is most welcome to all the satisfaction which his treatment of myself and family before the fight, his polite and gentlemanly return for my own treatment of himself and his men have called forth since he was a prisoner, and released by Col. Sumner. can possibly afford to his honorable and in- genuous mind. I have also seen a brief notice of this affair by Lieu- tenant Brocket, and it affords me real satisfaction to say that I do not see a single sentence in it that is in the least degree characterized by either direct or indirect untruthfulness. I will add that when Capt. Pate's sword and pistols were taken from him at his camp, he particu- larly requested me to take them into my own care, which I did, and returned them to him when Col. Sumner took him and his men from ns. I subjoin a copy of an agreement made with Capt. Shore and myself by Capt. Pate and his Lieutenant Brocket, in regard to exchange of prisoners taken by both parties, which agreement Col. Sumner did not require the Pro-Slavery party to comply with. A good illustration of governmental protection to the people of Kansas from the first :
(Copy)
This is an article of agreement between Captains John Brown, sen .. and Samuel T. Shore of the first part, and Capt. H. C. Pate and Lieut. W. B. Brocket of the second part, and witnesses, that in consideration of the fact that the parties of the first part have a number of Capt. Pate's company prisoners that they agree to give up and fully liberate one of their prisoners for one of those lately arrested near Stanton, Osawatta- mic, and Potawatamie and so on, one of the former for one of the latter alternately until all are liberated. It is understood and agreed by the
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parties that the sons of Capt. John Brown, sen., Capt. John Brown, jr., and Jason Brown, are to be among the liberated parties (if not already liberated) and are to be exchanged for Capt. Pate and Lieut. Broeket respectively. The prisoners are to be brought on neutral ground and exchanged. It is agreed that the neutral ground shall be at or near the house of John T. or Ottawa Jones of this Territory, and that those who have been arrested, and have been liberated, will be considered in the same light as those not liberated, but they must appear in person or answer in writing that they are at liberty. The arms, particularly the side arms, of each one exchanged, are to be returned with the prisoners, also the horses so far as practicable.
(Signed) JOHN BROWN, S. T. SHORE, H. C. PATE, W. B. BROCKET.
PRAIRIE CITY, KANSAS TER'Y. JUNE 2, A. D. 1856.
Pate records that he and his men were taken to a camp on the Middle Ottawa Creek and closely guarded. They were compelled to cook for themselves, but not unkindly treated, as he says. They remained there three days and nights, until Colonel Sumner came and released them from captivity. Colonel Sumner was accompanied by a deputy United States Marshal, named William J. Preston. Preston had warrants for a number of John Brown's company. He was told by Colonel Sumner that he might serve these warrants. He seems to have been afraid to do that. Looking the men over, he said, "I do not recognize any one for whom I have warrants." "Then, what are you here for?" asked Colonel Sumner. Brown was ordered to disperse his men, and the troops departed.
Brown did not go far until he again went into eamp with his company. The new camp was about half a mile from the one broken up by Colonel Sumner. Bondi was sent into the Pottawatomie settlement to see how matters stood there. He returned and on the 10th of June it was agreed that the company would break up. Salmon Brown had been wounded at the battle of Black Jack, but was by this time almost recovered. Henry Thompson was left at the home of Carpenter. Then, for a time, John Brown and his men disappeared from the theatre of war.
Colonel Sumner also found J. W. Whitfield in the Territory with a force looking for John Brown. Whitfield returned to Missouri, but sent his Captains Reid, Pate, Bell and Jenigen, with their Missouri com- panies, to sack Osawatomie. Pate had agreed with Colonel Sumner to return to Missouri, but got no farther than Bull Creek, some twelve miles east of Palmyra. There they tried Jacob Cantrell, a Free-State man, for treason to Missouri, as he was a native of that State. IIe was convicted, led into a ravine and shot. He cried out, "Oh, God, I am shot ; I am murdered." He was then shot the second time. This second shot was not fatal, but was followed by a sercam of terror. Ile was shot the third time and killed.
The Free-State forces having been disbanded, there could be no effective resistance at Osawatomic. The Ruffians were led into the town
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by a spy who had been sent in the day before, who pretended to be sick there and had received good treatment. The Ruffians pillaged dwellings and business houses alike. Trunks, drawers, boxes, desks and wardrobes were broken open and ransacked. Rings were torn from the fingers of the women, as well as from their ears. Clothing and even furniture were loaded on horses to be carried to Missouri. Some of this clothing had been stripped from women and children. One eminent writer said: "They ought to have had a petticoat apiece as trophies."
A review of the events of the past few weeks in the Territory, from the Pro-Slavery point of view, may be found in the letter of Colonel John T. Hughes to the Missouri Republican, published June 17, 1856. Colonel Hughes was in Doniphan's expedition, of which he became the historian. He was in the Confederate army, and was killed at the battle of Inde- pendence, Missouri.
LEAVENWORTH CITY, K. T., JUNE 11, 1856.
Dear Sir :- Your favor of this date has just been received by me, soliciting information in regard to the condition of affairs in the Terri- tory generally, and particularly in regard to the murders committed, by whom committed, the names of the parties killed and wounded as far as recollected, and any other matters of interest touching the existing disturbanees in Kansas Territory. I hasten to respond to your inquiries as far as my knowledge extends.
First, then, I have been in the Territory nearly eight weeks, as one of the clerks of the United States Investigating Committee, and during the time have been to Lecompton, Lawrence, Leavenworth City, Westport and other places, where said committee have been holding their sessions, and have been an eye witness of many of the high-handed outrages perpe- trated by the abolitionists upon citizens of the Territory and acts of resistance against the laws both of the Territory and of the United States.
I was present in the town of Lawrence on the 23d of April last, when Sheriff Jones was shot, though he had a body guard of twelve or thirteen United States Dragoons with him at the time for his protection and to assist in enforcing the laws. The wound was a deep and dangerous one, the hall taking effect near the spine and ranging between the shoulder blade. I saw the wound probed and dressed by the Surgeons. No one expected him to recover. I saw the rabble in the streets of Lawrence that day whilst Jones had a man arrested, and assisted by the United States troops, heaping curses and threats upon him, such as "damn him, why don't you kill him Hunt ?" why don't you shoot him Hunt? damn such laws; damn such officers; damn such a country; and damn such a President." I saw briek bats thrown at the officers of the law and the Lieutenant who was assisting in the execution of the laws. This Hunt was the Prisoner. All these things were done in Lawrence on the 23d day of April last in my presence, and other outrageous acts too numerous to mention.
I was present on the 8th of May in Lawrence when the United States Marshal attempted to arrest Ex-Governor A. H. Reeder, by virtue of a writ of attachment issued by Judge Lecompte, of the First Judicial District of Kansas Territory, United States Court, and was present and heard Mr. Reeder tell the Marshal that "if he laid his hands on him to execute the writ. he would do it at the peril of his life," and the armed populace shouted and backed Reeder in his position and threatened the Marshal's life, and so he was compelled to desist and return the writ to
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the Court not executed. There were two hundred men armed supporting and giving "aid and comfort" to Reeder in setting the law at defianee.
On the 24th of April, in a publie meeting held in Lawrenee, to express disapproval of and indignation at, the shooting of Sheriff Jones, Charles Robinson made a speech, and in his speech declared that it was his opinion that Jones was shot by a pro-slavery man, thus adding insult to injury, and boldly asserted that the free State party never meant to submit to the laws of the Territory, and used this damnable language; "I had rather obey the laws emanating from hell, than submit to the laws of the Territory," that they intended to resist them to a "bloody issue." Since that time there has been no peace in the Territory. On the 21st of May, the indignant citizens of Kansas Territory, who are striving to uphold the laws, destroyed the Free State hotel and two Abolition printing presses in Lawrence. Since that time the Free State men, or rather the Abolitionists who refuse obedienee to the laws, have organized guerrilla parties, and spread terror and dismay through the country. They have swept the country south of the Kansas river with fire and sword.
On Saturday, the 24th day of May, a party of them, in Franklin county, murdered a Mr. Wilkerson, old Mr. Doyle and two of his sons, and two of the Shermans, all in the same neighborhood. These murders were committed in the most shocking and barbarous manner, and it is said that some of them, were dreadfully mutilated before they were killed by eutting off their hands, noses, ears and the like. Thus it is that men have been dragged from their beds at the dead hour of night, and their throats eut amidst the cries and entreaties of their wives and children, and that without merey. Some time last week an attack was made on the town of Franklin, near the Wakarusa, by these guerrillas, who, after a sharp engagement, retired. A watchman by the name of Tishmaker or Tishmonger was killed on our side.
On the 2d day of June, Captain H. G. Pate, and twenty-eight men, were out in the neighborhood of Black-Jack Point, near the Santa Fe road, forty miles from Westport, for the purpose of executing certain writs upon those who had violated the laws, and was attacked by a guerrilla party of Abolitionists, commanded by one Brown, numbering one hundred and twenty-five men. After a sharp confliet, in which Capt. Pate had some of his men severely wounded, (and as it is believed, two of them mortally wounded,) he hoisted a flag of truee. Capt. Pate sent one man and a prisoner whom he had with him, to carry the flag of truce to the Captain of the Assailants. They were sent baek with the demand that Captain Pate should bear the flag himself. IIe did so, and when he came up under the flag of truce, Brown ordered twelve of his men to seize him and hold him as a prisoner of war. They then held a eocked pistol to Capt. Pate's breast, and told him if he did not order his men to surrender, they would blow him through. Thus he was deceived and entrapped and compelled to surrender, except six of his men who made good their escape amidst a shower of balls. One of these six men was wounded in the side. I saw the bullet when taken out.
I saw some three or four of Col. Buford's men-Southern men- who were made prisoners whilst driving wagons along the highway. They told me that the Abolitionists had taken all their eattle, robbed their wagons, taken their arms and all the money they had, and then heaped every possible insult upon them. That they tied their hands behind their baeks and took them out to hang them onee or twice, but did not; that they would grit their teeth and shake their fists in their faces whilst they were prisoners, and say, "you damned Southerners, this is the way we will serve you all."
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I saw an old man by the name of Bourne, from the Wakarusa a few days ago, and he told me that the Abolition guerrillas had taken all his oxo, cattle, horses, and robbed him of all he had, and driven him and his family clean out of the country and burnt his house.
Mr. Joseph Bernard had his provision store robbed and everything rifled to the extent of 8 or $10,000, some few days ago out southwest. His buildings were burned as I am told. I have seen in Westport, within the last week, a good number of families who were driven out of the Territory by these desperadoes, and who were poor, bereft, penniless and seeking refuge from their relentless enemies, within the limits of the State. Some of these families consisted of women and children only, some of whom said that their husbands were killed, and others that they were prisoners, or were driven and pursued out of the country. These seenes of suffering and distress I have witnessed in a civilized country, and such will ever be the calamities of a civil war, or rather a social war, such as that now waged in Kansas Territory. All of these horrid acts have been committed in the "name of the Northern army."
Again, one of the Donelsons, with a small company of 5 or 6 men, was fired upon by these bandits, and one of the men had his horse killed under him, and another was slightly wounded or grazed about the head. This happened last week. It is estimated that 23 or 24 of our men, I mean of the party who sustain the laws of the territory, have been killed or murdered, and made away with recently, and perhaps a greater number than this. The pro-slavery party have doubtless, in self-defense, killed and wounded a number of the assailants. Some one or two of them are known to have been killed in the attack on Franklin, and in the battle with Capt. Pate, they lost three killed and several wounded.
I saw the old lady Doyle, widow of the one who was murdered in Franklin county. She came before the United States Kansas Investi- gating Committee, and desired to give her evidence to the same purport as the foregoing statement which I have made, but her testimony was ruled out by the majority of the Committee, and her affidavit was taken before a Justice of the Peace by Geo. King, and will be printed with the evidenee as ruled out testimony. Her story is indeed a lamentable one. She is an object of much pity, having lost all, husband and two sons, except her last and only son, a lad of some 14 years old, and this one was only spared to her after prayers and tears, and entreaties. When the bandits were in the act of leading this last one out for the purpose of killing him also, the poor old woman, already overcome with anguish, exclaimed, as she states in her affidavit, "Oh men, will you not spare me this last and only child ? Are you not flesh and blood and have you no children ?" One of these men, melted with the touching appeal of the poor woman, said he had a child, and that the boy should not be killed. But I have not time to give you further details of the horrid war which has been raging in Kansas for some weeks and which if it be not speedily checked, may eventually widen its circle, and involve all the States of the Union in a desolating civil war, and if it shall ever come, which may God avert, it will be one of the bloodiest upon the records of time.
Governor Shannon, this morning while at Kansas City, received a dispatch from President Pierce, commanding him emphatically to sup- press the war forthwith, and disperse and disband and disarm all parties, and restore peace to the country. Shannon has gone up to Fort Leavenworth, and will put himself at the head of the troops, and use all his authority to quell and quiet the disturbances in the Territory. I hope he may succeed.
Very respectfully, ete., your friend and obedient servant.
(Signed) JOHN T. HUGHES.
COL. HI. G. ELLIOTT. now in Kansas Territory.
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