USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 11
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usually eited in historical works in these partieular difficulties is that of Stone against Southwood. Southwood was a minister of the Methodist Episcopal Church, South. He had been placed in possession of Mr. Stone's claim and house. He refused to restore the premises to Mr. Stone, whereupon the Free-State men erected him a cabin near that occupied by Southwood. Into this cabin Stone moved with his family, intending to file on the elaim when the land office should be opened. Both families secured water from the same well, which caused a dispute, and Mrs. Southwood assaulted Mrs. Stone. Upon report of this affair to the Free- State men, they notified Southwood to leave the premises by a certain time. On the day before that fixed for Southwood's departure, his Pro- Slavery friends, to the number of two hundred, assembled at the house with the intention of expelling Stone from the claim. The Free-State men assembled to protect Stone. They were attacked at nightfall by the
BLOCK HOUSE, FORT SCOTT, ERECTED 1842
Pro-Slavery party, who did not succeed in defeating the Free-State men. They left for Fort Scott threatening to return with reinforcements and hang every Free-State man found on the claim. The Free-State men rallied reinforcements until they numbered about sixty men. South- wood's friends returned from Fort Scott and again attacked, but were defeated. Southwood then left the claim in the possession of Stone. Occurrences similar to this were numerous.
In these claim contests the Pro-Slavery men appealed to the District Court at Fort Seott, where Joseph Williams was Judge. He was a rabid Pro-Slavery man, and every claim contest submitted to him was deeided in favor of the Pro-Slavery claimant. Frequently the Free-State man was indicted on some trumped up charge, arrested, refused bail, and imprisoned. This state of affairs was intolerable to the Free-State settlers. They appealed to Montgomery, who decided to terminate the procedure followed in the court of Judge Williams. A Pro-Slavery
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prisoner was treated with great rigor and permitted to hear Montgomery inform some of his followers that he intended to march on Fort Scott and release the Free-State prisoners. When this prisoner was released by Montgomery he appeared before Judge Williams and informed him that Montgomery would soon be down upon the town with a band of Free-State men. Judge Williams immediately had the Free-State pris- oners brought before him, when he released them without bail.
Being entirely dissatisfied with the conduct and decisions of the court of Judge Williams, the Free-State men decided to organize a Squatter Court in opposition. Dr. Gilpatrick of Anderson county was made Judge of this court and Henry Kilbourn was made the Sheriff. This court was as partial to the Free-State men as that of Judge Williams was to the Pro-Slavery men. It was determined by the authorities at Fort Scott to break up the court. Deputy United States Marshal Little was dispatched with a posse from Fort Scott, on the 12th of December, 1857, to capture the court, but his attempt was a failure. He determined to try again, and on the 16th he left Fort Scott with about fifty men. The court was held in the house of Captain Bain. When Little appeared in sight, a committee consisting of D. B. Jackson, Major Abbott and General Blunt, was sent ont to meet him, bearing a flag of truce. Little was in a very bad humor, and informed the Free-State committee that if the court did not surrender in thirty minutes, he "would blow them all to hell." The Free-State committee returned to the fort, as Bain's house was called, and prepared for defense, knocking out the chinking between the logs of the cabin to secure port-holes. The Free-State settlers having shot- guns were stationed inside, and those who had rifles were placed outside, behind trees. Major Abbott then proclaimed that if Little advanced beyond a certain point he would be fired on. Little did not take this warning seriously, and advanced, when the Free-State men fired a heavy volley. The Marshal's posse returned the fire and retreated about half a mile. Here they took account of what had happened and found that four of the number were wounded and that B. F. Brantley's horse had been shot through the neck. Little determined to make another attack upon the fort, and called for volunteers for that purpose. Ten men stepped out and followed him in the second advance, when they were again fired on. The Marshal then retreated to Fort Scott. He returned on the following day with about one hundred and fifty men. When he was approaching Fort Bain, William Hinton informed him that "his birds had flown." Cautiously approaching the fort, the Marshal found this to be true. The court, during the night, had retreated to the Baptist Church at Danford's Mill, where Free-State settlers to the number of three hundred assembled. They were not molested by Little and returned to Bain's house on the following Sunday. They soon disbanded and returned to their homes.
General James H. Lane was directed to go to the aid of these Free- State settlers. He did so, and the report of his campaign was made to the Territorial Legislature. It is here set out :
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HEADQUARTERS KANSAS MILITIA, LAWRENCE, JAN. 15, 1858.
To his Excellency the acting Governor of Kansas Territory, the President of the Council, Speaker of the House of Representatives of the Legis- lative Assembly:
Gentlemen :- In the discharge of duty, I submit the following report on a subjeet which has exeited much interest and comment. At the time of my election, by your honorable body, as Major General of the Militia, news was rife, as you will remember, of a disturbanee in Bourbon county.
Immediately after the adjournment of your special session, I repaired to the seene of action, sending Generals Phillips and Plumb in advance, to inform the people that a force of U. S. troops were moving in that direction. Accompanied by Gens. Stratton, Whitman, Shore and Leon- hart, I arrived at Sugar Mound, where the people were eneamped, under the command of Col. J. B. Abbott, shortly after the messenger. On inquiry, I ascertained that the people had been compelled to take up arms, for these causes and reasons :
Two years ago a man named G. W. Clark, notorious for his eonnee- tion with the murder of the lamented Barber, organized a band of marauders in Missouri, who invaded that distriet of the Territory, laying waste the country, driving off the Free-State settlers, phuindering and insulting them and their families, and then taking possession of their claims and stock, which they were compelled to leave. During the pres- ent summer and autumn a number of the settlers thus expelled from that district, returned, and endeavored, by peaceable means, to recover their rights and property. They were met by writs obtained from unserupulous and unjust officers, many of them arrested on pretended charges, for offenses which were never committed, and imprisoned at Fort Seott, in cells unfit even for felons to inhabit ; in several eases their property was sold at nominal prices, and driven out of the Territory, to defray expenses not yet accrued, and other outrages perpetrated similar to those which drove the people to arms in former periods of our history. During the perpetration of these outrages. Col. Abbott, Dr. Gilpatrick and Rev. J. E. Stewart, who had been ordered there, arrived and pro- ceeded to establish a Squatter's court, for the redress of grievances and the restoration of peace. About the time they closed their sittings, hav- ing decided all the eases on the Little Osage, they were assaulted by an armed mob, five times their number, pretending to aet under the author- ity of an U. S. Marshal. The assault was successfully worsted-several assailants killed and wounded, and the remainder driven back to their dens in Missouri. It was immediately after this conflict that I arrived at Sugar Mound, proceeded at onee to enroll the people under your aet of Dee. 17th; sent out scouting parties in all directions, informing the people that we were to protect all actual settlers, without reference to their political opinions. We were kindly received by all, and our authority cheerfully recognized.
On the evening the companies were to be disbanded, our seonts brought news that a company of U. S. troops were moving upon us with the avowed intention of attacking us. We immediately took position, intend- ing, if possible, with honor, to avoid a confliet, but prepared to meet it successfully if forced upon us. We remained in this position, thus taken, until we ascertained that the U. S. troops had marehed to Fort Scott. and had received written assurances from Judge Williams that the Free State prisoners would be protected and treated kindly. Peace being restored we disbanded the command, retaining two companies in the field, some thirty men, with orders to protect the inhabitants. On my return
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to Lawrence, a writ from Judge Miller, Probate Judge of this eounty, was placed in the hands of Captain Miller, of my command, for the arrest of the judges and clerks of the election in Johnson county, who had participated in the frauds committed at the election held on the twenty-first of December. As the prompt service of the writ was deemed important, I thought incumbent to go in person with the command. The duty was discharged and the command disbanded.
These expeditions have been attended with some expense, a full and concise amount of which has been kept, and will be transmitted, with vouchers, to you, from the Quartermaster's and Commissary's De- partments.
As the object of the organization, provided for in the law of December 17th, was the protection of the people of Kansas, and as the action had was indispensable in that direction, it is hoped it will meet your hearty approval.
Respectfully. J. H. LANE, Maj. General.
Other conflicts occurred during the winter. They terminated very much as had those already deseribed. Montgomery's men became known as "Osages" because their operations had been largely confined to the country drained by the Little Osage. The people of Fort Scott were in constant terror from rumors that the Osages were likely to attack the town. On the 13th of December, at a public meeting, a committee on Resolutions was appointed. This committee reported at an adjourned meeting held in the afternoon the following resolutions :
Resolved, That the Sheriff and Deputy Marshal be requested to make affidavits to the faets touching the matter now under consideration, and that the same be conveyed by express, accompanied by a communication to the Governor of the Territory for military aid.
Resolved, That a committee be appointed, consisting of five persons, to be denominated a "Committee of Vigilanee," under whose authority and directions a military organization shall be had, with a view to aid when necessary the civil authorities in the execution of warrants, and any other legal process, and in the due execution of the laws; and it shall be the further duty of the committee to organize a night patrol for the security of our town, its citizens and their property.
Pursuant to the authority conferred by the passage of the resolutions, a vigilanee committee was appointed consisting of H. T. Wilson, B. Little, T. B. Arnett, George A. Crawford, and J. W. Head. An appeal was made to the Territorial Governor, F. P. Stanton. This appeal was made through the Sheriff as follows :
To His Exeelleney, F. P. Stanton, Aeting Governor of Kansas Territory :
Sir: As Sheriff of Bourbon County, I feel it my duty to report to you that, in consequence of an organized and armed resistanec to the eivil authorities by a body of armed men in this county aided and assisted by men equally lawless, I am unable to serve processes, make arrests, or otherwise perform my official duties; and I have the honor to ask that you have a body of United States troops sent to this point to aid me in enforeing the laws, and to give quiet to the disturbed state of things in
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this region. Herewith I send my affidavit and the concurrent statement of Marshal Little.
JOHN S. CUMMINGS, Sheriff of Bourbon County.
Stanton ordered companies E and F, First United States Cavalry, to Fort Seott. They arrived there the 21st of December. Their presence quieted the country for a few days. Believing the troubles over they were removed to Fort Leavenworth on the 10th of January, when the troubles immediately broke out anew. On the 10th of February, 1858, it was reported in Fort Seott that the Osages were descending upon the city. This intelligence proved correct. A Mr. Johnson, who had suffered at the hands of the Pro-Slavery men, had appealed to Montgomery for assistance. Montgomery assembled about forty of his followers and
OLD GOVERNMENT HOSPITAL, FORT SCOTT, ERECTED 1845
marched upon Fort Seott. A deputation of citizens met him at the border of the town, and of these Montgomery demanded the surrender of those for whom he had warrants, which had been procured against the men who had committed the ontrages against Mr. Johnson. The Com- mittee of eitizens said the men would be surrendered if they could be tried in Fort Seott, otherwise they would not be surrendered without a fight. Montgomery announced that a fight was what he desired, and started to move into the town. The deputation. ineluding Judge Wil- liams, George A. Crawford, and all the leading Pro-Slavery men, fled to Missouri. Montgomery with his Osages found the town deserted of all those he wished to arrest, and returned to Linn County.
United States troops were again sent to Fort Seott, two companies of the First Cavalry arriving on the 26th of February, under command of Captain George T. Anderson and Lieutenant Ned Ingraham. Mont- gomery then confined his activities to the Pro-Slavery men in the country. driving them into the eity of Fort Scott, hoping to starve out the town.
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About three hundred families were thus compelled to take refuge there. These operations continued well into the spring. On the 21st of April, Montgomery was operating on the Marmaton. Intelligence of his pres- ence there was conveyed to Captain Anderson, who immediately started in pursuit. He passed Jones' saw mill, where he found a meeting of Free- State men in deliberation under a chairman by the name of John Hamil- ton. Anderson requested Hamilton to go with him, but this invitation Hamilton declined. Anderson continued his pursuit of Montgomery who retreated up Paint Creek. At a narrow defile, Montgomery dismounted his men and prepared to defend himself. Upon the approach of Ander- son's troops they were fired on and one of the number fatally wounded. Anderson's horse was killed and it was found that Montgomery could not be dislodged. A truce was called to enable Captain Anderson to be removed from under his horse. While this was being done, Montgomery escaped.
On the following day the Free-State men assembled and passed the these resolutions :
WHEREAS, A body of Government soldiers and border ruffians did, on the 21st inst. fire upon some Free-State citizens, who were peacefully and inoffensively traveling on the common highway, and being incited to commit said outrageous and unlawful act by other ruffians living in Fort Scott ;
Resolved, I. That Judge Joseph Williams, the corrupt tool of slavoe- racy, be required to leave this Territory in six days; after that period he remains at the peril of his life.
2. That Dr. Blake Little, J. C. Sims and W. T. Campbell, the traitors who were elected hy fraud and corruption to the bogus Legislature, be required to leave within six days-an infraction of this order at their peril.
3. That H. T. Wilson, G. P. Hamilton and D. F. Greenwood, the in- famous swindlers of the Lecompton Convention, who forged an infamous constitution, be hung to death if they are caught in this Territory ten days from date.
4. That E. Ransom and G. W. Clarke, the holders of the two "wings" of the pretended National Democracy and the corrupt fuglemen of a corrupt President, have six days to leave this Territory, under penalty of death.
5. That J. Il. Little, James Jones, Brockett, B. McDonald, A. Camp- bell, Harlan and the ruffians who accompanied the soldiers to assist and witness the massacre of Free-State citizens, be sentenced to death.
6. That Kennedy, Williams and D. Sullivan, who stole by legal forms horses of Free-State men, be senteneed to whipping and branding and then be driven from the Territory.
7. That after the departure of the Judge and Marshal, no other official officers shall be allowed to administer the law but those elected under the Free-State constitution.
8. That Judge Griffith, Maj. Montgomery and Capt. Hamilton he directed to carry out the orders of this meeting.
9. That Capt. Anderson shall be hanged to the highest tree in Bour- bon County, and every soldier put to death wherever he may be found.
10. That a copy of this notice be served on the people of Fort Scott.
It is not known that these resolutions were sent to Fort Scott imme- diately, and the Free-State men made no effort to enforce them.
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On the 6th of May additional troops arrived at Fort Scott, under command of Major Sedgwick. This force consisted of one company of dragoons and one of heavy artillery, together with a seetion of T. W. Sherman's battery. They remained in the vieinity of Fort Scott until the 17th, returning on that day to Fort Leavenworth. The Marais des Cygnes massaere on the 19th eaused intense excitement throughont the country, and many rumors alarmed the people. Governor Denver dis- patched Deputy United States Marshal Samuel Walker, of Douglas
SAMUEL WALKER [ Copy by Willard of Portrait in Library of Kansas State Historical Society ]
county, with a force to arrest Montgomery and his men. Walker reached Raysville on the 29th. He found assembled there about two hundred Free-State men, who were being addressed by Montgomery in favor of setting out immediately to burn Fort Seott. Mr. Oakley, a Free-State man, was acquainted with Walker and asked him what he was doing there. Walker replied that he had come to arrest Montgomery. Ile was advised that Montgomery could not be arrested. It was finally decided to march on Fort Seott, when Walker requested permission to address the meeting. Ile said if the Free-State men would seeure warrants for the arrest of Clarke and other Pro-Slavery men, and furnish him with a posse, he
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would go to Fort Scott and arrest them. Upon being informed that the judges would not issue warrants for these parties, Walker advised that warrants be secured from a justice of the peace. A number of warrants were secured in this way.
Taking a posse of seventy-five men, with Montgomery in command, the Marshal entered Fort Scott on the 30th of May. George W. Clarke was the first man to discover this force entering the town. He took his riffe and ran to the hotel, where he gave the alarm, and then departed for his own house. Walker arrested some of those for whom he had war- rants, when he went to Clarke's house. Clarke refused to surrender, when Montgomery formed his men in front of the house. Three hundred Pro-Slavery friends of Clarke immediately assembled and confronted Montgomery's men not ten feet distant. Walker took up the tongue of a government wagon, and was about to break down the door of Clarke's house when he appeared at a window and said that he would surrender if he could be convinced that Marshal Walker was in command. Upon being assured of that fact, he came down and asked to see the writ, which the Marshal refused to show. But Walker drew his revolver and requested Major Williams to hold his watch and count off two minutes, telling Clarke that if during two minutes he did not surrender, he would shoot him. Clarke then surrendered. Captain Campbell, a deputy United States Marshal of Fort Scott, produced a warrant for the arrest of Montgomery, and requested Walker to make the arrest. Walker replied, "Arrest him yourself; if I had a warrant for him I would arrest him." At this point Montgomery ordered his men to mount their horses, which they did, starting immediately to ride out of town, leaving Walker alone. Walker then requested Campbell to furnish him a horse, saying that he would pursue and arrest Montgomery, which he did, returning to the town with his prisoner. He turned Clarke over to Captain Lyon to be taken to Lecompton for trial. Walker immediately set out for Lecompton with Montgomery. At Raysville he was overtaken by a mes- senger who informed him that Clarke had been released by a writ of habeas corpus. Upon hearing this, Walker released Montgomery and told him to stay and fight it out, and after he was through to report at Lecompton, which Montgomery agreed to. On the 7th of June, Mont- gomery's men returned to Fort Scott and attempted to burn the Western Hotel, his men firing on the town at the same time. No one was injured by the shots, and the fire was extinguished. Captain Nathaniel Lyon was stationed in the city on the 10th, to maintain order. On the 13th of June, Governor Denver arrived in Fort Scott. A public meeting was called on the 14th for the purpose of finding some means of settling the difficulties. An adjourned meeting was held at Raysville, when the following agreement was reached:
1. The withdrawal of the troops from Fort Scott.
2. The election of new officers in Bourbon County by the citizens thereof, without regard to party lines.
3. The stationing of troops along the Missouri frontier to guard against invasion from that State. Vol. II-7
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4. The suspension of the execution of old writs until their legitimacy could be properly authenticated.
5. The abandonment of the field by Montgomery and his men and all other bodies of armed men, on both sides.
This truce was broken the following fall by the indictment of Ben- jamin Rice. Rice was held a prisoner in what was known as the Free- State Hotel. On the 15th of December, 1858, Montgomery entered Fort Scott with a force to rescue Rice. He was found chained to the floor in the third story and was soon released.
Little was killed by one of Montgomery's men in a store across the alley from the hotel where Rice was rescued. Montgomery's men then robbed the store of about $7,000 worth of goods, which were issued to Free-State men to reimburse them for losses sustained by the depreda-
GOVERNMENT OLD GUARD HOUSE, FORT SCOTT
tions of the Border-Ruffians. Application was later made to Governor Medary for protection from Montgomery's men. The Governor advised the organization of the home militia as a posse to arrest the offenders and enforce the law. This was done, and about a dozen of Montgomery's men were arrested. They were sent under guard to Lawrence. In the meantime an amnesty Act had been passed by the Legislature by which old scores were wiped out and the country gradually quieted down.
THE LEAVENWORTH CONSTITUTION
The Leavenworth Constitution was the counter movement of the Free- State people against the Lecompton Constitution. It was devised. framed and sent to Congress while the Lecompton Constitution was being pressed by the Pro-Slavery interests at Washington and in Kansas. The Topeka Constitution had hell the Free-State forces together until the emigra- tion of 1857 had enabled them to participate in the Territorial election,
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where they won the Territorial Legislature. That the Lecompton Con- stitution might be submitted to a vote of the people, Acting-Governor Stanton convened the Legislature in special session December 7, 1857. The session was very brief, but the regular session began at Lecompton January 4, 1858. The loss of the Territorial Legislature by the Pro- Slavery forces had put them at a disadvantage, and the only means now left them for making Kansas a slave state was the Lecompton Constitu- tion. They knew it could be forced on the people only by fraud and violence, to both of which they were ready to resort. Some of the leaders of the Free-State party, anxious to begin the realization of the benefits to come with the material development of the Territory, which they believed would immediately follow its admission, were not strong in their opposition to the Lecompton movement. They insisted that the evils of this slave constitution, now that the Free-State party had control of the legislative power and an increasing majority at the polls, could be over- come by the State Government which they believed themselves strong enough to organize. This, of course, was a sordid view of the matter and an utter repudiation of what the Free-State men had contended for with arms in hand. To oppose more effectively the Lecompton Constitution and counteract whatever disaffection might exist in their ranks. the Free-State men who were moved alone by patriotism forced a direct opposition issue in the movement for the Leavenworth Constitution. And as Congress had not provided an enabling act for the Lecompton Con- stitution, of which it was taking favorable notice, the Free-State men believed they might lawfully proceed without special Congressional direction ..
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