USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 14
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Kentucky
5
Maryland 1
Indiana
2
Massachusetts
2
New York
4
Pennsylvania 6
Illinois
Virginia 1
1
Ohio
5
England
1
Maine
2
Ireland
1
South Carolina
2
North Carolina 1
Tennessee
2
The delegates who formed the Wyandotte Constitution numbered fifty-two. Here is how the Roll appears :
Ohio
14
New York 5
Kentucky
5
Maine
2
Indiana
6
Virginia
1
Massachusetts
2
Scotland
1
Pennsylvania
6
Germany
1
New Hampshire
3
Ireland
1
Vermont
4 England
1
From the Ohio Valley States there were thirty-one delegates, and but eleven delegates from all New England.
The model for the Wyandotte Constitution was that of Ohio. Ohio had taken her constitution largely from that of Kentucky, and Ken- tucky had modeled her constitution on that of New York. A close study of the Journal of the Wyandotte Constitutional Convention will not warrant the assumption that the New England men, as individuals, exerted any greater influenee in the deliberations than those from any other section. The faet is, that the Wyandotte Constitution is a gen-
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KANSAS AND KANSANS
uinely, thoroughly, Western document. It was formulated by Western men.
In the census of 1860 the nativity of the people was recorded. There was a total population of 107,206. 12,691 of these were born in foreign countries. The remaining 94,515 were American born. Here is how they were divided. Study this table:
1 Ohio
11,617
11 Tennessee 2,569
2 Missouri
11,356
12 Wisconsin
1,351
3 Kansas Children
10,997
13 Massachusetts 1,282
4 Indiana
9,945
14 North Carolina 1,234
5 Illinois
9,367
15 Michigan 1,137
6 Kentucky
6,556
16 Vermont 902
7 Pennsylvania
6,463
17 Maine
728
8 New York
6,331
18 Connecticut
650
9 Iowa
4,008
19 Maryland
620
10 Virginia
3,487
20 New Jersey
499
It will be observed that there were nearly as many North Carolinans in Kansas as there were people from Massachusetts. All New England had only 4,208 people in Kansas. D. W. Wilder, who was himself a native of Massachusetts and a graduate of Harvard College, had this to say of the settlement of Kansas.
The South was divided into great plantations, controlled by rich planters and worked by slaves. The poor white man had few opportuni- ties. He had long been moving into Ohio, Indiana, and Illinois to get a free home for himself-moving by thousands. He came to Kansas, usu- ally as a free-state man. He was silent at first, slow to talk, but he voted against slave labor to compete with his; he fought for freedom in Kansas, and, later, for national freedom. The richer class of Southerners were pro-slavery ; the poor men who wanted homes were often anti-slavery. The actual home-seekers-the poor squatters on the quarter-sections- were the men who made Kansas free. They came chiefly from Missouri, Iowa, Illinois, Indiana, Michigan, Ohio, Pennsylvania, aud New York. Neither in the early days nor in the later days have the New Englanders been more than a handful. Kansas is a Western state, and always has been. The Western and Southern settlers did not talk about the sinful- ness of slavery ; they despised the negro; and many of them were trans- formed into anti-slavery agitators who "did care for" the negro by the "Kansas branch of the National Debating Society."
He is the first writer to investigate this particular subject. and no one ever questioned his fairness as a historian.
These Western settlers of Kansas were but one generation removed from pioneer life. Their fathers had settled Kentucky, Tennessee, Ohio, Indiana, Illinois, Western Pennsylvania, and Virginia. They knew how to get a living from the soil in a new country. They were men who could seat themselves along the streams, build log cabins, make their own furniture, break the prairie wilderness, open fields, and get a living from the land. To primitive agriculture they added trapping, hunting, freighting and fishing. They depended very little on towns and trading centers. Their wives and daughters could spin the thread and weave the
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KANSAS AND KANSANS
cloth from which clothing was made. Those coming from New England were artisans-brass-moulders, varnishers, wood-carvers, hair-dressers, teachers, iron-moulders. There were some farmers and carpenters among them, but farming in New England was very different from redeeming a wilderness. The soil of Kansas had to be civilized,-tamed. It was with the greatest difficulty that trees could be made to grow on the prairies. George W. Martin, long Secretary of the Kansas State Historical Society, has often told this writer that five crops of trees were planted on the townsite of Junction City before any finally lived. Mr. Wilder rightly says that Kansas is a Western state and always was a Western state. It was the predominance of Western people in her pioneer population which gave General James H. Lane his ascendancy in Kansas political affairs. He understood the Western manner of thought and speech, having been himself reared on the frontier.
There is a Kansas term which has no counterpart in any other state. It is "The Kansas Language." It originated in Territorial times. The highest compliment which can be paid to a Kansan is to say that he speaks the Kansas language. It was often so said of General James H. Lane.
No one would detract one atom from what New England did for Kansas. It is repeated here that she did much in the way of leadership. The founding of Lawrence was the one thing accomplished by New England people which had a decided influence in the Free-State cause. Repeatedly, waves of Ruffianism rolled up against that town. It was twice destroyed, but it was never discouraged. Its spirit could not be broken. Its determination could not be conquered. This spirit did not result from the people of any section, but was born of the battle for human liberty. . It is today a fair city, typical of all that is best in American life, a great monument to the pioneers of Kansas and their immortal achievement.
And, so, Kansas is the child of the West. Her spirit was forged in the white heat of battle from the refined principles evolved by a free people migrating to a new land to build a beacon to light up the way of Freedom. She shines as the brightest star in that galaxy which is the hope of the world.
CHAPTER XL THE POLITICAL BEGINNINGS OF THE STATE
GOVERNOR ROBINSON
Governor Charles Robinson was sworn into office on the 9th day of February, 1861. As the first Governor, he was confronted by the im- mense task of inaugurating a State Government for Kansas. The old Territorial Government had been continued until the new government could be instituted. A Territorial-Government is always a very limited one,-directed by the Federal Government. It is necessary for a State to work out its own course. While there was much usage for Governor Robinson to be guided by, the new State presented many problems for which there was no precedent. The Constitution had to be construed. Its provisions were general, and it was necessary for the administration to devise legislation to carry them into effect. It is always possible, under even the best constitutions, to hinder the development of a State by the enactment of short-sighted statutes. Frequently it is very diffi- cult to determine what statutory regulations will best carry out the de- signs of a constitution. With Kansas there was the added difficulty of the Civil War. With the election of President Lincoln, conditions on the border were exactly reversed. Under Pierce and Buchanan the Pro- Slavery element had the support of the Federal Government, and Kan- sas had its active opposition. After the beginning of the Civil War, Kansas being enthusiastically loyal, had the support of the Federal Government. The Pro-Slavery population of Missouri favored secession, and cast its future with the Southern Confederacy. In all these changes and shiftings of ground, there were problems for the new State. It is gratifying to know that Governor Robinson met with wisdom the many perplexities and formidable issues constantly arising. As has already been said, he was one of the best business men who ever lived in Kansas, and many of the difficulties he was forced to grapple with were purely business affairs. He handled them with skill and in the spirit of patriotism.
One of his first official acts was to call a session of the Legislature to meet on the 26th of March. It is doubtful if there has ever been a more able and comprehensive message by any Kansas Governor than that sent to the Legislature by Governor Robinson. There were at that time no State buildings, and the City of Topeka furnished few conveniences for a State Government. It was necessary to rent the best rooms available
712
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KANSAS AND KANSANS
for the various State offices. The first act of the Legislature was one making appropriations for current expenses for the different depart- ments of the State. The Governor's salary was $2,000 per annum. He was allowed $240 for rent, $100 for furniture for his office, $100 for stationery, $75 for postage, $40 for fuel and lights, $1,000 for secret service, and $600 for a private secretary. For the Legislative Depart- ment, the following enactment was made:
Gov. CHARLES ROBINSON
[Copy by Willard of Steel Engraving in Library of Kansas State Historical Society]
For Legislative Department-For rent of Representatives' Hall, one hundred dollars; for rent of Congregational Church, seventy-five dol- lars; for rent of Senate Chamber, one hundred and seventy-five dollars; for rent of Committee Rooms, one hundred and four dollars; for sta- tionery for the Legislature, one thousand dollars; for State printing, fifteen thousand dollars: for seals of State and counties, three hundred dollars ; for per diem allowanee for one hundred members of the Legis- lature, twenty-two thousand dollars; for allowance for President of the Senate, five hundred and four dollars: for extra allowance for Speaker, two hundred and forty dollars; for mileage of the members of the Legis- lature twenty-four hundred dollars: for transeribing the journals five hundred dollars; for the officers and messengers of the House, thirty- five hundred dollars: for the officers and messengers of the Senate, eight-
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KANSAS AND KANSANS
een hundred dollars; for E. G. Ross, for four hundred and forty copies of the "State Record, " eight hundred and eighty dollars: Provided, That no money be paid to any member of the Legislature for time when absent from the Capitol, either with or without leave.
Some idea of the work of the Legislature may be obtained by mention of the titles of the various enactments found in the laws of the session. Some of them are stated.
AN ACT providing for the election of District Attorneys, and defining their Duties.
AN ACT to authorize the business of Banking.
AN ACT to provide for the permanent location of the State Capital.
AN ACT providing for Joint Conventions of the two Houses of the State Legislature.
AN ACT relating to the organization of new Counties.
AN ACT to organize and define the jurisdiction of the Supreme Court.
AN ACT relating to the organization of Courts of Justice and their powers and duties.
AN ACT to establish and define the jurisdiction of the Probate Courts.
AN ACT to regulate Elections and to prescribe the qualifications of Voters.
AN ACT to provide for the election of State, District, and County Officers, Senators and Members of the House of Representatives, Justices of the Supreme Court, and Judges of the District Courts, and Repre- sentatives in Congress.
AN ACT to prescribe the manner of Contesting the Election of State and County Officers, and Members of the Legislature.
AN ACT to create a State Board of Equalization.
AN ACT to provide for the Management and Investment of the State School Fund and the University Fund.
AN ACT providing for the Location of the Lands granted by Con- gress to the State.
AN ACT to organize and discipline the Militia.
AN ACT to provide for the appointment of Commissioners to locate a State Penitentiary.
AN ACT to provide for the State Printing.
AN ACT to provide for the Removal of the Records and Papers of the Courts of the late Territory of Kansas to the Courts established by the Constitution.
AN ACT for the Regulation and Support of Common Schools.
AN ACT to authorize the formation of County and Town Agricul- tural and Horticultural Societies.
AN ACT authorizing the State to call into service two regiments of infantry, three companies of cavalry and two companies of artillery, to be mustered into the service of the United States.
All these Acts seem to have been carefully drawn and to have no other design than the best interest of the people. They are fundamental,
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and they served as the bases of the statutory laws of Kansas. That is, they gave a point from which to work, and the principles of these laws proven by time. They are a remarkable series of enactments. By them Courts were established, county organization effected, a school system formed, and all public demands provided for. Historians will never fail to recognize the sound statesmanship displayed by Governor Robin- son in the inauguration of the State Government of Kansas. It is
MRS. SARA T. L. ROBINSON, WIFE OF GOV. CHARLES ROBINSON [Copy by Willard of Portrait in Library of Kansas State Historical Society ]
doubtful if there was another man in the young State so well qualified for this difficult position as was Governor Robinson.
On the 4th of April the Legislature proceeded to the election of United States Senators. It was an exciting election. General Lane had come to Kansas with the ambition to be its first United States Senator. He had been elected by the Topeka Legislature, but the failure of the Topeka movement to seenre federal recognition, made that election an empty honor. It, however, was very favorable to Lane. Ile became associated in the minds of the people with that high office. With the beginning of the session of the Legislature, the candidates pushed their claims. The account of the campaign of General Lane has been very
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KANSAS AND KANSANS
humorously described by Nicholas Verres Smith. While his article was intended as a caricature, it contains much that is exactly true to life. There was but one ballot, and the vote continued two hours. The candi- dates were James H. Lane, S. C. Pomeroy, Marcus J. Parrott, F. P. Stan- ton, M. W. Delahay, S. B. Houston, S. A. Kingman, A. J. Isacks, and M. F. Conway. There was much changing of votes. During the ballot- ting, Lane always had from forty-five to sixty-four votes. Pomeroy, between forty-five and fifty-seven, Parrott between forty-seven and sixty, Stanton between ten and thirty-two, Delahay between two and eleven, and Kingman between three and eighteen. The final vote stood : Lane, fifty-five; Pomeroy, fifty-two,-and they were declared elected.
THE FRONTIER GUARD
Lane set out for Washington immediately after his election. There were then few troops in Washington. The Sixth Massachusetts was at- tacked by a mob in Baltimore on the 19th of April. A number of volunteer organizations were mustered to defend the Capital City. Senator Lane organized the Kansas men, then in Washington, into the "Frontier Guard." Cassius M. Clay, of Kentucky, organized the "Clay Guards." These two companies guarded the White House. The Fron- tier Guard occupied the East room and slept there. It is related that the Guards were under very strict orders. No one could be admitted to the White House without the countersign. President Lincoln was de- tained until a late hour one evening, and the sentinel refused to admit him. The prompt organization of the Frontier Guard for the protection of the person of the President and his official residence, was one of the causes of the strong friendship which existed between President Lincoln and General Lane. So far as it has been possible to secure the names, the following is the Roll of the Frontier Guard :
Officers
Captain James II. Lane. . Lawrence
First Lieutenant
Mark W. Delahay Leavenworth
Second Licutenant J. B. Stockton. Leavenworth
First Sergeant D. S. Gordon. United States Army
Second Sergeant John T. Burris. Olathe
Third Sergeant
L. Holtslander
First Corporal John P. Ilatterscheidt. Leavenworth
Second Corporal J. W. Jenkins. Lawrence
Privates
Henry J. Adams, Leavenworth
Daniel R. Anthony, Leavenworth
D. H. Bailey, Leavenworth
T. D. Bancroft, New York Joli K. Bartlett, Leavenworth George Bassett, Lawrence G. F. Clark
Gen. John S. Clark
Charles Howells. New York
William Hutchinson, Lawrence
M. HI. Insley, Leavenworth
J. B. Irvin. Doniphan county George II. Keller, Leavenworth
Robert MeBratney, Junction City Marcus J. Parrott, Leavenworth Jared Phillips, Paola
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KANSAS AND KANSANS
Sidney Clarke, Lawrence
D. A. Clayton, Leavenworth J. A. Cody, Doniphan county Edward Daniels
A. Danford, Paola Charles F. De Vivaldi, Manhattan Jeff. L. Dugger
Thos. Ewing, Jr., Leavenworth
Henry C. Fields, Leavenworth
David Gardner, Fort Myer
S. W. Greer, Topeka Clark J. Hanks, Leavenworth
Cunningham Hazlett
James H. Holmes, Lawrenee
Samuel C. Pomeroy, Atehison
W. W. Ross, Topeka Turner Sampson, Lawrence
Phillip C. Sehuyler, Burlingame Thomas Shankland
J. S. Smith, Philadelphia T. A. Syphers, Virginia Samuel F. Tappan, Lawrence Chester Thomas, Topeka
John C. Vaughan, Leavenworth
G. F. Warren, Leavenworth A. A. Wheelock, New York
A. Carter Wilder. Leavenworth
KANSAS TROOPS
The first call of President Lincoln for troops to suppress the rebellion was made April 15, 1861, and was for 75,000 men. In this call no allot- ment was made to Kansas. However, Governor Robinson furnished 650 men. He took vigorous measures to organize the State militia, desiring that every able bodied man in Kansas be enlisted. The State was sepa- rated into two divisions, the Northern and Southern. J. C. Stone of Leavenworth, was made Major-General of the Northern Division, and James Blood for the Southern Division. Before the close of 1861, two hundred companies of militia had been formed. As soon as calls were made by the President for volunteers for three years, allotments were made to Kansas for her quota. Twice as many men offered their services as these quotas specified. During Governor Robinson's administration, calls were made on Kansas for 5,006 men, and 10,639 were furnished. The organization of Kansas regiments and a brief statement of their service will be found under the Military History of Kansas.
It was unfortunate for Kansas that the feud between General Lane and Governor Robinson should break out anew during the enlistment of troops. The President never trusted Governor Robinson, and General Lane was thus enabled to exercise mueh influenee in Kansas, rightfully the prerogative of the Governor. Lane was authorized to raise and officer the Fourth and Fifth Kansas and to take command of a brigade. He led this brigade into Missouri where he condueted an active cam- paign in the fall of 1861. He arrived at Kansas City on the 30th of September. On the 11th of October he and General Sturgis left Kansas City for Springfield, Missouri, arriving there on the 2nd of November. On the 15th of November he arrived at Fort Scott. On the 17th of December, Lane was appointed Major-General. The West-Pointers in the army always opposed the volunteer officers of high command, and General Lane was not supported in his efforts to organize an expedition which he desired to lead Sonth. On the 26th of February, 1862, he made a statement to the Legislature in which he said that he had failed to make satisfactory arrangements with General Hunter; that he could not lead his military expedition to the Gulf; and that he would resign his commission and would return to the Senate.
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ELECTION OF 1862
Governor Robinson believing himself slighted by President Lineoln, gradually lost his interest in the conduct of the war; at least, there was much dissatisfaction with his position and attitnde. It was believed by many that his term as Governor expired in January, 1862. A petition was extensively signed urging the nomination of officers to be voted for in the fall of 1861. This petition was as follows :
We, the undersigned citizens, suffering in common with others from the impotency or malice of the present State Executive, and earnestly desiring a State Government that will. in a patriotie and energetie manner, defend our people from invasion-knowing that by the plain and emphatic provisions of the State Constitution the term of our State officers expires on the first day of January, and that the legislative enaet- ment continuing the State officers beyond that time is null and void, and that there is not sufficient time. before the election, to hold a Nominating Convention, do respectfully pray your honorable body to nominate a full State tieket of efficient Union men, without reference to their political antecedents-men who will conduct the State Government with reference to the good of the whole country, and not upon mere personal grounds.
The Republican State Committee met at Topeka iu October and nominated a tieket and adopted a platform as follows:
For Governor, George A. Crawford, of Bourbon county; for Lieu- tenant Governor, Joseph L. Speer, of Jefferson county ; for Secretary of State, J. W. Robinson, of Riley county ; for Attorney General, Samuel A. Stinson, of Leavenworth county ; for Treasurer. H. R. Dutton, of Brown county : for Auditor, James R. MoClure, of Davis county; for Superintendent of Public Instruction, H. D. Preston, of Osage county.
Resolved, That the vigorous prosecution of the present war, the earn- est and hearty support of the Administration in its efforts to erush out the Rebellion, the maintenance of the Constitution, the enforcement of the laws, and the preservation of the Union, are the issues upon which these nominations are made.
The election was held on the 5th of November. This election per- manently fixed the Capital at Topeka by a vote of 7,996 to 5,291 for Lawrence, and 1,184 for all other locations. A Legislature, an Attor- ney General, and a State Treasurer were elected. George A. Crawford was elected Governor, but the question of the time of expiration of the term of Governor Robinson was taken to the Supreme Court; it was decided that the term did not expire for another year.
THE IMPEACHMENT CASES
The evil genius of the administration of Governor Robinson was one R. S. Stevens. The Legislature which met on the 26th of March, 1861, passed an Act authorizing the issue of bonds to the amount of $150,000, which was approved May 1, 1861. It also passed another act, which was approved May 7, 1861, authorizing the State of Kansas to borrow the sum of $20,000 to "repel invasion, suppress insurrec-
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tiou, and to defend the State in time of War." Austin M. Clark and James C. Stone were authorized to negotiate the bonds authorized by the first act. On the 10th of May, Stone and Clark made the follow- ing report to the Governor :
His Excellency, Charles Robinson, Governor of Kansas:
Sir: Since you informed us that we have been appointed by the Legislature, Commissioners to negotiate the Bonds of the State, we have taken every means in our power to ascertain whether the Bonds could be sold, and if so, at what price, and we are satisfied that at this time it would be useless to attempt it. The moneyed men of the East are using all the means which they are willing to invest in stoeks of any description. in sustaining the Government of the country in its contest with the Seceding States, and it would be very difficult, if not impos- sible, to give it a different direction.
With these convictions, we do not feel willing to impose upon the State the expense of sending ns to the Eastern cities upon a bootless errand.
Hoping that some means may be devised to relieve the State from its present embarrassment, we remain,
Yours respectfully, J. C. STONE, A. M. CLARK.
The Legislature passed another act, supplementary to the act authorizing the negotiation of $150,000 bonds of the State. This act was approved on the 3rd of June, 1861. It was passed after the report of Stone and Clark had been received.
The Legislature which met January 14, 1862, appointed a commit- tee to investigate the manner in which the bonds had been disposed of. The committee submitted the following report :
On Thursday, the 30th day of January, 1862, the House of Repre- sentatives adopted the following preamble and resolution, from which your committee derive their authority, to wit:
WHEREAS, It appears from the reports of the auditor and treasurer of state, that a certain amount of the bonds of the state have been disposed of; and whereas, said reports do not fully set forth a detailed statement of the facts in relation thereto; therefore,
Resolved, That a special committee of five be appointed by the chair to examine and investigate the accounts of the auditor and treasurer of state, and to ascertain all the facts connected with the sale of bonds of the State of Kansas. the disposition of the proceeds thereof, what amount of serip there has been issued, what amount redeemed, and what amount has been bonded, what amount of bonds are remaining on hand and unsold, and whether or not state officers have been speenlating in the indebtedness of the state of Kansas, with full authority to send for persons and papers, with instructions to report at an early day.
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