USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 7
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A committee of Free-State men called upon the Governor to protest against the prejudicial action of the courts towards them, and the utter neglect of their business. This was November 10th. The Governor eited the ease of Hays as evidence of his good intentions towards all citizens of the Territory. But to his dismay, while still dwelling upon this matter a gentleman entered the room and made known that Judge Lecompte had just released IIays upon the surety of Jones. His argu- ment was gone. He could only assure the committee of his good inten- tions towards them as towards all the inhabitants of the Territory, de- nounee the action of the Chief Justice, and dismiss his petitioners. They departed convinced of the Governor's just intentions, and also fully convinced that he was powerless to help them. They expressed the belief that their only recourse lay in the exercise of physical foree in the de- fence of their rights.
Towards the close of September rumors again troubled the Missouri- ans. It was said that Lane had raised another Northern army, with which he was advancing through Nebraska to visit retribution upon the Ruffians. Nothing more disquieting eould have reached Ruffian ears.
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Dr. Gihon says that "the very name of Lane was a terror, and it was only necessary to get up a rumor that he was within a hundred miles, to produce universal consternation. And when it was reported that he was actually approaching a pro-slavery town, a general panie and stampede was the result. Vaporing generals, colonels, captains and privates suddenly stopped in the midst of their stories of valiant deeds, and remembering that they had forgotten their needed arms or ammuni- tien, or that the women and children must be carried to a place of safety, off they ran for shelter in the woods or elsewhere, ereeks and rivers furnishing no obstacles to their flight. When the dreaded danger was over, or they had discovered the alarm to be unfounded, they would re- assemble, each ready to boast over his bad whisky what terrible deeds he would have accomplished had the cowardly abolitionist dared to make his appearance."
Dr. Gihon relates another ineident which a Pennsylvanian experi- eneed while in command of a band of Ruffians.
l'pon arriving in the Territory, I established my residence in Leaven- worth City, where I was solicited to take command of a company of Ter- ritorial militia, or "Law and Order" party. The company consisted of twenty mounted Border-Ruffians. One dark night it became my duty to guard the main entrance to the city, and I took up my position in a prominent place on the road, at about one mile distant. It was a very dark night, and it was difficult to diseern objeets even close at hand; my men amused each other and myself, relating the daring deeds they had accomplished, and telling what great things they would do in ease of an assault. About midnight we heard the distant sounds of horses' feet approaching me at a rapid rate. A perfeet stillness took possession of my men. Not a word was uttered. Nearer and nearer eame the ad- vaneing party. At length, one of my men exelaimed, "Lane is coming, by G-d!" and instantly the whole company broke and ran for the town. In vain I ordered a halt. As well might I have attempted to turn back the current of the river, as to arrest their flight.
Governor Geary sent troops to the Nebraska line to prevent the entrance of armed bands. They arrested James Redpath, who had one hundred and thirty men under him, whom they found entering the Territory. They were taken to Lecompton, where they convineed the Governor that they were seeking homes, and bore arms only in self- defense and self-protection, and thereupon they were discharged.
But when Lane's name was associated with rumors of invasion the mind of the Border-Ruffian was not easily reassured. They besieged the Governor and elamored for further protection. They protested that Lane was about to enter the Territory with the main body of his army. The Governor again dispatched troops to intercept Lane's army. A large company of emigrants now approached the border under the leadership of Colonel Eldridge, General Pomeroy, and others. They were peaceable and lawabiding citizens, coming to seek homes. They sent a committee to assure the Governor of their intentions, and to dis- claim all thought of fighting except in self-defense. Notwithstanding this frank statement and avowal of their purposes the troops arrested
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the entire company, ransacked their baggage for concealed arms, destroyed some of it, and led the captives to Topeka. Here they were met by the Governor, who addressed them, and ordered them to disband. They willingly did this, and in all probability would have been disbanded and dispersed long before but for the detention under arrest.
This was the last interference with emigrants coming into Kansas.
On October 6, 1856, an election was held to select a Delegate to Congress, elect a Territorial Legislature, and vote upon the question of a convention to form a constitution. While the Free-State men refrained from voting on the ground that to do so would be a recognition of the bogus Legislature, the Missourians came over and voted as usual. The Law and Order party were thus enabled to elect everything; and the proposition to form a State constitution was carried.
Governor Geary set out upon a journey of observation on the 17th of October. He passed over the southern and western parts of the Territory. He was gone twenty days, and found the people hopeful and anxious to be allowed to proceed with the work of establishing homes. He addressed many assemblies of citizens, and was assured of their co-operation in his efforts to establish order. This journey was productive of much good.
The Topeka Legislature met on the 6th of January, 1857. Neither Governor Robinson nor Lieutenant-Governor Roberts was present. No quorum appearing, an informal meeting was held, and a recess taken to June 9th. Sheriff Jones had spent weeks in planning a course to be pursued in relation to this meeting, which he was confident would result in the renewal of the strife and bloodshed now much diminished and disap- pearing. He even hoped that an invasion from Missouri might arise from his deep-laid plans. His sturdy henchman, Judge Cato, was his assistant and abettor in this attempt to again deluge the land in blood. Jones had procured from the Judge warrants for the members of the Legislature. These were intrusted to a deputy marshal for execution, but Jones was present to see that no mistake was made. He had confidently expected that the writs would be resisted. In fact, all his hopes of trouble were based upon this expectation. When resistance was offered, then he could call for troops; the Ruffians would rush to his assistance and he would be again in his glory. But the members quietly submitted, much to his disgust. He immediately left the town, drove home, and never mentioned his ignominious failure to stir up trouble at Topeka. The conclusion is reasonable that he received a blow here from which he never recovered. He saw no more opportunity for such trouble as he loved. Times were changed. He resigned his office in a few days.
The Territorial Legislature met on January 12th, 1857, at Lecompton. This proved one of the most debased bodies that ever assembled for any purpose at any time or place. It resolved to unanimously oppose anything and everything the Governor proposed; and this course was carried out. One of its first acts was to pass a bill admitting to bail any criminal, no matter how desperate. It read as follows: "The Dis- trict Court, or any judge thereof in vacation, shall have power and authority to admit to bail any prisoner on charge or under indictment
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for any crime or offense, of any character whatever, whether such crime or offense shall have heretofore been bailable or not." This was sup- posed to be a vindication of Lecompte's action in admitting Hays to bail. The Governor vetoed it, but it was passed over his veto.
The Law and Order party changed its name to the National Demo- cratic party of Kansas on the same day that the Legislature met. It was now the purpose of the Slavery party to try to fasten the institu- tion of slavery permanently on the Territory by a constitution upon which the Territory was to be admitted as a State. A census was pro- vided for, and no one was to be allowed to vote unless he was a resident of the State prior to the 15th of March, 1857. The election was to be held in June to elect delegates to this constitutional convention. In tak- ing the census the books were taken to Missouri and the Ruffians regis- tered, while in whole counties in the Territory a census-taker never appeared; this was true of those counties where Free-State people were in the majority. The bill was carefully prepared to allow just that thing to be done. The Governor vetoed it, but it was passed over his veto. There were a few good men in this Legislature, but so few that their influence counted for nothing, and the verdict that it was the most debased body of men that ever assembled in Kansas must stand.
We shall notice one more incident in the administration of Governor Geary. We have seen that when the Legislature assembled it imme- diately placed itself in opposition to the Governor. It spent a great part of its time in abuse of him. The Board of Supervisors of Douglas County had accepted the resignation of Sheriff Jones, and appointed in his place a drunken, quarrelsome, worthless Ruffian, named William T. Sherrard. The Governor did not at once issue a commission to him, on account of the absence of the Secretary. Sherrard undertook to force the Governor to commission him, visiting the Executive office and threatening violence. In the meantime the members of the board which had ap- pointed him visited the Governor and requested that no commission be given him, and made known their intention to revoke his appointment. Other citizens called upon the Governor to protest against the issuance of a commission.
When the Legislature assembled, one of its first acts was to send a communication to the Governor demanding his reasons for withholding the commission of Sherrard. The Governor did not recognize the right of the Legislature to make such an inquiry, but replied to the note of inquiry by stating the facts. The Legislature exhausted the vocabulary of epithets in abusing the Governor. The House immediately appointed Sherrard Sheriff of Douglas County, but the Council refused to con- cur, and the appointment was not made. The incident was supposed to be a sufficient cause for the assassination of the Governor, and arrange- inents were made accordingly. The prime mover in the execution of this conclusion was Surveyor-General Calhoun. His office was the ren- dezvous from which the dastardly act was to be consummated. At the designated time Sherrard waylaid the Governor at the appointed place and spat in his face, hoping to cause indignation which the Governor
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would resent, and give him a pretext which Calhoun and his clerks, who were peeping from a door of the Surveyor's office, would immediately transform into an assault and ample cause for Sherrard's killing him in self-defense. But the Governor walked quietly away without saying or doing anything, and even Sherrard could not bring himself to kill him at that time without any cause.
The people of the Territory were aroused by the actions of Sherrard. The House refused to censure him. A meeting was called to condemn his action, and Sherrard and his friends attended for the purpose of causing a riot. In this they succeeded, and in it Sherrard lost his life.
Governor Geary held his office until March. The Legislature opposed his every act. His crime lay in his restoration of some semblance of order to Kansas. He wearied of holding so dangerous and thankless a position. He was repeatedly urged by his friends to take heed of the many threats to assassinate him. The Governor left the Territory at night, to avoid assassination at the hands of those of his own party. He arrived in Washington March 21, 1857. He was the third Democratic Governor that had fled from assassination at the hands of the Demo- cratic party in Kansas.
Governor Geary returned to Pennsylvania. He was a brave and distinguished soldier in the War of the Rebellion. He raised the Twen- ty-eighth Regiment, Pennsylvania Volunteers, and was its commander. He was promoted for bravery to the rank of Major-General. In 1866 he was elected Governor of Pennsylvania, and proved a wise, able, and devoted public servant. He died respected and sincerely mourned by the people of his State.
Governor Geary's administration was the first to make an impres- sion in Kansas Territory in favor of justice to all. He accomplished little more in his field than did Reeder, but his efforts were enabled by the increasing Free-State emigration to bear fruit at a later day. The disorders never again assumed such proportions after his summary dis- bandment of the Ruffians at Franklin.
CHAPTER XXXV
ROBERT J. WALKER
Governor Robert J. Walker was a Pennsylvanian; he was born in Northumberland, in that State, July 23, 1801. He died in Washington, D. C., November 11, 1869, in his sixty-ninth year.
His father was one of the Judges of the Supreme Court of the United States. Governor Walker obtained his general education at the University of Pennsylvania, and studied law under the immediate super- vision of his father. In 1822 he settled in Pittsburgh, and began the successful practice of his profession; and here he was married to the daughter of Franklin Bache, and granddaughter of Benjamin Franklin. In 1826 he removed to Mississippi, as he believed that State possessed greater opportunities for political preferment than did his own. 1Ie at onee beeame aetive in politics, and rose to prominence therein and in his profession as a lawyer. IIe made the speech nominating Andrew Jackson to the eandidaey which resulted in his first eleetion to the Presideney. He was one of the staunchest supporters of Jackson in his position towards the nullification aets of South Carolina; he favored the eoereion of rebellious States. In 1835 he was a candidate for the office of United States Senator from Mississippi, his opponent being Poin- dexter, a man of learning and attainments, and a supporter of the views of Calhoun. The position of Calhoun was discussed before the people of Mississippi, and for the importance of the question involved and the masterly manner in which it was debated, this canvass is only second to that of Lincoln and Douglas in Illinois at a later day. Walker not only seeured the seat in the Senate, but prevailed upon the Legisla- ture to adopt resolutions which denounced as treason nullification and seeession. S. S. Prentiss, one of the greatest of American orators, was his opponent for the seat in the Senate in 1840, but Walker was elected by an overwhelming majority. Upon the question of slavery he was a diseiple of Jefferson, and in the year 1838 manumitted his slaves. IIe favored Texas in her struggle for independence, and intro- duced in the Senate of the United States a resolution recognizing that independence. He advocated the annexation of Texas, but opposed the action making it all slave territory, and favored a law for the gradual emancipation of the slaves of the new State. 1Ie favored the election of James K. Polk to the Presidency; and upon his election Mr. Polk tendered him the position of Secretary of the Treasury. He accepted the office, and his administration of its affairs was one of the most
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successful and able in the history of the country. It devolved upon him to formulate a tariff for the prodnetion of revenue for the needs of the Government; in this measure he was most fortunate, redueing the taxes more than one-half and still providing sufficient money to meet all demands upon the treasury.
In the beginning of the year 1857 it was feared and perhaps be- lieved by President Buchanan and his advisers that the Free-State men fully intended to put the government formed under the Topeka Con- stitution into active operation. It was plain that if they did so they would have moral and financial support from the North sufficient to enable them to maintain themselves for a considerable period of time, even if not to triumph finally. The result feared by the Administration was civil war in Kansas, perhaps in the Union. Some of the President's advisers were not averse to even this latter consequence when a choice between it and the failure of the cause of slavery in Kansas must be made, and they came to control the President; although it is probable that they never fully acquainted him with all their doings or intentions. But at the end of Governor Geary's administration the President seems to have been in doubt concerning the success of the slavery movement in Kansas, and to have had in mind the desire to at least save the State to his party, although not abandoning in the meantime the effort to make it a slave State as well as a Democratie State. For this work it was necessary to have as a successor to Governor Geary a man of recog- .nized ability and taet. The position was offered to Mr. Walker, but he hesitated to accept it. To a man of his reputation it could bring no honor to increase those he had already achieved, and it had brought trouble and party condemnation to three predecessors. The longer he considered the matter the more reluctant he became to undertake the difficult task; and his final conclusion was to deeline it, and he so informed the President in writing. The President, however, persisted, and enlisted Senator Douglas in his interest. They gave Mr. Walker assurance of hearty concurrenee in his policy, and after long considera- tion he consented to accept the position of Governor, although against his better judgment. The policy to be pursned was discussed in all its relations and a perfect agreement arrived at between the President and Mr. Walker. In the light of later developments the President was insincere in his approval of Mr. Walker's policy, or he was gained over by the rabid members of his Cabinet, who were never in favor of it. In either event the conduet of the President was most reprehensible.
The course determined upon by the President and Mr. Walker embraced two principal features. The first was to compel submission to the laws of the bogus Legislature; this was to be accomplished by the use of the military forces of the United States, if necessary. The seeond was the formation of a constitution upon which Kansas should be admitted as a State. As a means for securing the aequiescence of the Free-State men, if not their active co-operation (which was desired and invited), the Governor was to guarantee that the constitution should,
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when formed, be submitted to a full and fair vote of the people for adoption or rejection.
Governor Walker was to be given a free hand in all matters in Kansas, and was not to be hampered or constrained by the preferences or influences of any former Federal officials in the Territory. Mr. Woodson, the Secretary, and who had been so actively allied with the Border-Ruffians and a willing instrument in their hands, was removed, and placed in the service of the Land Office. There was appointed in his place as Secretary, Frederick P. Stanton. Mr. Stanton preceded
Gov. ROBERT J. WALKER [Copy by Willard of Portrait in Library of Kansas State Historical Society ]
Governor Walker to Kansas by more than a month, arriving at Lecomp- ton on the 15th of April and assuming the Executive authority on the 16th. He was a man of ability and large experience, and was strongly prejudiced in favor of slavery and against the Free-State men, holding them at fault and to blame in all the troubles which had convulsed the Territory in the past. In a speech in Lawrence he proclaimed with defiance that any further resistance to the laws of the bogus Legisla- ture meant "war to the knife, and the knife to the hilt." And in this spirit did he take up the work of the administration of the affairs of the Territory.
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The first Territorial Legislature (bogus or Border-Ruffian Legisla- ture) enacted a law to submit the question of the expediency of form- ing a State constitution to the people at the general election to be held in October, 1856. Their decision at that election was favorable to the proposition. The Legislature elected at the same time pro- vided for the election of delegates to form a constitutional convention ; this election was to be held on June 15, 1857. Governor Geary was not satisfied with the bill, in that it failed to provide for the submis- sion of the constitution framed by its direction to a vote of the people, and for other reasons, and so vetoed it. But the Legislature passed it over his veto. The bill made provision for a census of the inhabi- tants of the Territory qualified to vote as a basis of apportionment for delegates to the constitutional convention; and this census was also to be the basis and evidence of qualification of suffrage in the election, that privilege being denied to all persons whose names were not found recorded in its lists. This census was only partly taken; in more than half the counties no attempt whatever was made towards an enumeration, and the lists of the counties canvassed were incomplete and made in the interests of the slavery party. The counties having a Free-State population were purposely omitted from the census returns, no steps being taken to even provide enumerators for such counties. The Free-State men living in communities having a Pro-Slavery major- ity were responsible to some degree for the failure to be registered; they believed that a constitution formed by only a part of the people could find no standing in Congress. They hoped, too, that no conven- tion would be held. Secretary Stanton, however, made the apportion- ment for delegates upon the incomplete and fragmentary census, depriv- ing a large majority of the voters of the Territory of any and all voice in the formation of the constitution. It was believed at the time that this action was as much to fling defiance at the Free-State men as an official action could accomplish such an end. He came to see his error and repent of it when he knew the conditions actually existing in the Territory, and had determined to make his home here and be a candi- date for office.
Governor Walker arrived at Lecompton on the 27th of May, 1857, and delivered his inaugural address. Mr. Stanton had outlined the policy to be pursued by the new administration, in an address which he issued upon his arrival in the Territory; it conformed to the understanding arrived at between the President and Governor Walker. In the address delivered by Governor Walker upon his assumption of power he con- firmed what his Secretary had stated, and said that the policy indicated as being that which he intended to follow was "well known by the President and Cabinet, and approved by them." He said also, that in their knowledge and approval of those views, "I accepted the appoint- ment as Governor of Kansas." The policy announced by Stanton and reiterated by Governor Walker was only that set out herein as having been agreed upon between the President and the Governor. He urged the Free-State men to take part in the election of delegates to the Con-
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stitutional Convention, assuring them that the election should be con- ducted fairly.
The Free-State men were confident that they were a majority of the people of Kansas, and could they have been brought to believe that a fair election would be accorded them they would have been less reluctant to recognize the laws of the bogus Legislature to the extent of participating in an election called by its authority. But the whole administration of Territorial affairs was in the hands of their avowed enemies or persons they had little reason to trust. Governor Walker was a stranger, and Stanton had shown his prejudice in favor of the Pro-Slavery party in making the apportionment upon the unfair and fraudulent census. If they could have been convinced of the honest intentions of Governor Walker, they doubted his ability to carry them out; many doubted his good faith. The Pro-Slavery men were in such advantageous position by reason of the apportionment that it seemed a hopeless effort to try to win the convention at the polls. After much discussion it was finally decided to let the election go by default. This decision was reached at a convention held in Topeka, June 9th. Upon the same day the Free-State Legislature convened at the same place, but it attempted the transaction of but little business. It provided for the election of State officers on the third Monday in August, and made Topeka the State capital. The Free-State men determined to await developments under Governor Walker's policy.
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