USA > Kansas > A standard history of Kansas and Kansans, Volume II > Part 8
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The result of the election for members of the Constitutional Con- vention was entirely satisfactory to the Pro-Slavery party. There were no members from Free-State communities, and the character of the convention was such as the Administration at Washington and the Democratic party generally hoped would dominate all the institutions of Kansas.
A delegate convention of Free-State men met in Topeka, July 15th, to nominate State officers to be voted for in August. It provided for a mass convention to be held at Grasshopper Falls on the last Wednes- day in August, to determine whether or not to take part in the elec- tion of a Territorial Legislature in the following October. On June 9th, Governor Walker delivered an address at Topeka, in which he invited and urged the Free-State men to participate in this election, and assuring them that in doing so they should be accorded every right to which free men were entitled and equal protection with all other voters.
When the convention met in Grasshopper Falls, August 26th, many of the Free-State men believed it impossible to win the Territorial Leg- islature. because of the unjust and unfair apportionment of the mem- bers to the various counties. This apportionment should have been made by the Governor, but was not, as he was not furnished with a copy of the act authorizing it until the time in which he should have performed his duty was past. By the terms of the law it became the duty of the President of the Council and the Speaker of the House to make the apportionment, in event of the failure of the Governor to
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do so. They did it to the satisfaction of the Pro-Slavery men and greatly to the prejudice and disadvantage of the Free-State party. In the deliberations of the convention the extreme Free-State men opposed the participation on the ground that to do so was to sacrifice and aban- don the principles for which they had contended so long and suffered so much, in that it recognized and submitted to the laws of the bogus Legislature. A majority of the leaders and a great preponderance of the people believed it best to take part in the election. Lane, Robin- son, and other men prominent in the councils of the party saw no sac- rifice of principles in this course, and believed that there was the pos- sibility and even the probability of success, and in that event, they saw great benefit to the Free-State cause. The people were beginning to know Governor Walker better, and to see that he really intended to have justice done if it was in his power. The convention voted to con- test the election, and appointed a committee to prepare an address to the people. This address recounted the disadvantages under which the Free-State men entered the contest, not the least of which was the expected and usual invasion from Missouri. It was not so much in- tended to influence the action of voters at the election as it was to pre- vent discouragement in the event of failure to carry the Legislature.
When the Constitutional Convention met in September it organ- ized itself into a working body and adjourned until after the election of the Legislature, intending, doubtless, to be governed largely in some parts of its work by the results of that election, especially in the man- ner of its submission for approval or rejection by the people.
The Legislative election was held October 5th, and resulted in a large majority for the Free-State party, although many belonging to it had refused to vote, believing that the inevitable invasion from Mis- souri would overcome any honest vote which could be polled in the Ter- ritory. The apportionment greatly favored the invading Ruffians, as it gave a large majority of the members to the border counties. Although Federal troops were sent to fourteen precincts, the Missou- rians cast several thousand fraudulent votes. In McGhee county there were cast twelve hundred and sixty-six votes, while at the election in the previous June there had been cast but fourteen votes. At Oxford, in Johnson county, the polls were kept open two days, and more than fifteen hundred fraudulent votes were cast. Frauds were committed at other points, but they were not of so extensive and glaring character.
Upon these fraudulent votes rested the hope of the National Democ- racy, as the Pro-Slavery party now styled itself. If the precincts of Oxford and McGhee were counted, the Legislature would remain in its control. But Governor Walker had made his assurances in good faith when he urged the Free-State men to take part in the Legislative elec- tion. It was quite apparent to him that the Oxford and McGhee re- turns were records of fraud and forgery. On the 19th of October the Governor and Secretary issued a proclamation rejecting the returns from Oxford, assigning as a reason that they were technically defective and erroneous. They disposed of the MeGhee returns in the same man-
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ner on the 22d. The real reason for this action was the palpable fraud these returns recorded, and Governor Walker, in rejecting them, re- deemed his pledge to the people that he would prevent and correct such so far as in him lay.
The National Democrats were in great rage at the course of the Governor. They held a mass meeting in Lecompton on the 23d, at which they passed resolutions of threat and indignation. But Governor Walker was not the man to be intimidated. Seeing that their threats were disregarded by the Governor, they appealed to Judge Cato, always a willing tool of the Ruffians. He issued a mandamus to compel the Governor and Secretary to issue certificates of election to the persons shown to have been elected by the fraudulent returns. They declined to obey the mandamus and offered to voluntarily yield themselves to arrest for non-compliance, but the Judge suffered the matter to go no further. Sheriff Jones was one of the defeated candidates who deter- mined to obtain his certificate of election by force, and arming himself and taking a fellow-ruffian along, he strode into the Secretary's office, where he loudly demanded in coarse and threatening language that his papers be signed at once. No attention being given him or his threats, he departed much downcast. A committee of Free-State men waited upon the Secretary and offered to hang Jones if it would be any ac- commodation, but the Secretary declined to give them permission to perform an act which would give them such deep gratification.
This Legislative election and the action of the Governor and Secre- tary upon its fraudulent returns combine to constitute the turning- point in the political affairs of Kansas Territory. Against tremendous odds and such trials and obstacles as few people have encountered, the freemen of Kansas had now triumphed. They had gained control of the Territorial Legislature, the lawmaking power recognized by the Federal Government, and legal self-government was now for the first time within their reach.
General James H. Lane was appointed to organize the people to protect the ballot boxes at a Free-State convention held at Topeka, July 15, 1857. The Free-State convention at Grasshopper Falls on the 26th of August passed a resolution, "That General J. H. Lane be authorized and empowered to tender to Governor Walker the force organized by him under the resolution passed by the convention held at Topeka, on the 15th of July last, to be used for the protection of the ballot box."
Lane had thoroughly organized the Free-State forces in the Terri- tory for the purpose of seeuring a fair election. So complete was his organization that the Border-Ruffians made no attempt at illegal voting in any of the interior precincts in the Territory, and to Lane, more than any other one man, was due the good order for the first time at the polls in any election held under the Territorial Government.
To this point, it appears, the Washington Administration had sup- ported and favored Governor Walker's course in Kansas, as it was in accord with the policy insisted upon as a condition to his acceptance of
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the position. But the loss of the Legislature convinced the extreme ele- ments of the Democracy in Kansas and Washington that the only issue for which they cared a straw was lost. They believed that it could be regained only by a course of masterly rascality. Many of the more moderate Democrats of Kansas admitted defeat, and were prepared to accept defeat. President Buchanan was not sanguine of the success of the slavery cause, from the time of Governor Geary's administration. But he had little influence himself in the affairs of State, and there were those in his Cabinet who had hope of yet forcing slavery upon the Territory. They realized that Kansas was the crisis in their affairs and fortunes, and they intended to make it a slave State or make their failure to do so a cause for civil war should no other sufficient cause arise. In the future fight in Kansas they must not be hindered by an honest and capable Territorial Governor,-so one of their first steps was to force such conditions upon Governor Walker that he would resign; if he failed to do that, they would find some way to remove him. They found the Constitutional Convention ready to hand, and its character was such that they knew they could rely upon it in any measure the future might show to their interests.
The Lecompton Constitutional Convention had met September 7th. and after effecting an organization had adjourned on the 11th to meet October 19th, when the result of the election for members of the Legis- lature would be known. When it was found that the Free-State men had elected a majority of that body, a fierce opposition to the conven- tion arose. The freemen of the Territory said the convention should not form a constitution; that it was fraudulently constituted and rep- resented only a minority of the people; and that if it was necessary to prevent its action, force would be used: whereupon the Administration provided United States troops for its protection.
Upon the day of its reassembling a Free-State convention met in Lecompton and demanded that it should adjourn and abandon the purpose to frame a constitution for Kansas. As no quorum was pres- ent, no meeting of the convention could be had; no quorum appeared for several days; the Free-State men hoped none would appear. Many of the moderate Democrats were indifferent, and were willing to ae- quiesce in the decision of the majority as expressed in the Legislative election. But not so with the rabid element; they finally secured a quorum. During a session lasting two weeks, a constitution was evolved which followed instructions from Washington, and there is little doubt that all the slavery features were prepared there, sent to the conven- tion and adopted entire.
Aside from its provisions for the establishment of slavery the con- stitution was not bad in itself, although the manner of its formation would always have weighted with odium any provision it contained, however good. It provided that the boundaries of the State should remain those of the Territory; that the rights to slave property of the present inhabitants and the emigrants bringing slaves in the future were not to be interfered with; that free negroes were to be excluded Vol. 11-5
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from the State; that the constitution should not be amended, altered or changed until after the year 1864.
The manner of securing the adoption of the constitution, now that there was a known Free-State majority in the Territory and Governor Walker had demonstrated his antipathy to fraudulent elections, was a difficult question for the Pro-Slavery men. As no provision for its submission to a vote of the people was made in the act authorizing its formation, it had been charged by the Free-State men from the first that there was no intention that it should be submitted to a vote. But Calhoun denied this in a published statement, and the President wrote to Governor Walker July 12th, saying it would be submitted. Cal- houn was Surveyor-General of the Territory, and the representative and confidential agent of the extreme and reckless element in Kansas of the Pro-Slavery party not only in the Territory, but in the South and in the Cabinet. He was chairman or president of the Constitutional Convention, and by it charged with the work of procuring the adoption of the instrument, and for this purpose clothed with unusual and ex- traordinary powers.
It is probable that had the National Democrats carried the Legisla- ture, by fraud or otherwise, the convention would have been more liberal and have submitted the constitution to a vote of the people. Through the Legislature any action in favor of the Pro-Slavery party could have been had, and fair promises could have been made only to be overridden by fraud approved by that body. As the matter stood with them, the Legislature was in control of the Free-State men and Governor Walker had given indisputable earnest of honorable official action-hard con- ditions with which to be confronted by the Lecompton Constitution, its friends and advocates. In this perplexing dilemma a devious course was adopted. The whole constitution was not to be submitted, but a proposition which must adopt the constitution. Two forms of ballot were prepared. One was, "Constitution with no Slavery;" the other was, "Constitution with Slavery." A direct vote upon the constitu- tion itself was denied. If the second proposition prevailed, the consti- tution entire was to be sent to Congress; if the first carried, then the sections establishing slavery were to be stricken out and the emasculated document sent to Congress.
Calhoun and not the Governor was to conduct the election, receive the returns, pass upon their validity, and do all other things in relation thereto which it was supposed an honest Governor would not do. Gover- nor Walker now found himself occupying the same position reached by his predecessors. He was repudiated by his party in the Territory, and, while it is possible that he was not yet aware of it, he was abandoned by the Administration; and this for no other reason than that he had done precisely what the President had directed him to do. He was disheartened and disgusted with his party; he set out for Washington to consult the President. He found him wavering, halting,- full of excuses. When reminded of his former position on the question of submission, he took refuge in the subterfuge provided for him by
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the conspirators about him,-that he could not undertake to dictate to the Constitutional Convention. Seeing that he was deserted by the President as well as by his party, he realized that it was useless for him to return discredited to Kansas. He was powerless to perform his pledges to the people, and being so, there was nothing for him to do but to resign his position. This he did on December 17th, in a long letter to Secretary Cass, in which he sets out his reasons for accepting the office, the President's position and assurances, and his change. The Secretary made a very lame reply.
Governor Walker espoused the cause of the Union in the Civil War, and reiterated his sentiments expressed against rebellion in the days of nullification. He advocated extreme measures. In April, 1861, he addressed a large meeting of the citizens of New York, in Union Square. In 1863 he was appointed financial agent of the Government in Europe, where he negotiated the sale of more than three hundred million dollars of the bonds of the United States with which to provide money to carry on the war.
Governor Walker was the ablest man appointed to a position in Kansas by the Federal Government in Territorial times. From the be- ginning of his administration dates the disintegration of the old parties in the Territory. He was true to his convictions and honestly endeavored to give the people a fair administration of their affairs, and when the action of the President made it impossible for him to do so he resigned.
CHAPTER XXXVI
FREDERICK P. STANTON
Frederick P. Stanton was born in Alexandria, in the District of Columbia, 22d December, 1814. He died in Ocala, Florida, June 4. 1894, in the eightieth year of his age.
His father was a poor man-a bricklayer; he taught his son his own trade, and together they followed it. At this occupation young Stanton earned sufficient money to take him through the private school of Ben- jamin Hallowell, in his native town. He was a boy of more than ordinary ability, and at the age of eighteen was made assistant tutor in Mr. Hallowell's school. He afterwards graduated from Columbia College. His first work after leaving college was teaching the village school in Ocoquan, Virginia; afterwards he was a teacher in Ports- mouth Academy, in the same State. He remained but a short time in any of these occupations, and was constantly seeking better positions. At the age of nineteen he was elected principal of the Elizabeth City Academy, in North Carolina, where he remained two years. All this time he read law as he could find time to do so, and at the age of twenty- one was admitted to practice in his native town. Immediately after his admission to the bar he removed to Memphis, Tennessee, where he engaged in the practice of his profession. He took a prominent part in politics, especially in those of his adopted State, and for two years wrote the political editorials of the Gazette, one of the leading Memphis newspapers. In 1845 he was elected to Congress from the Memphis dis- triet : and he was four times re-elected, his final term expiring March 3. 1855. His retirement from Congress was voluntary. In his services there he was Chairman of the Committee on Naval Affairs, and also of the Committee on the Judiciary. He took a deep interest and a prominent part in all the business transacted by Congress, and his attitude toward measures was determined by his conception of justice rather than by political or party expediency, though he was an ardent Democrat. In 1855 he removed to Washington, and there engaged in the practice of his profession in the courts and the Departments of the Government. The results did not meet his expectations, and being intimately acquainted with the leaders of his party and on good terms with them, he sought an appointment in some location where political and material development would offer opportunities for political pre- ferment. Kansas was then, as it has always remained, peculiarly fascinating. The wrecks of political fortunes were rapidly covering
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her shores, but this seemed to make men the more eager to launch their barks on her stormy and agitated political seas. In April, 1857, Mr. Stanton was appointed Secretary of Kansas Territory; he succeeded Secretary Woodson, who was made Receiver of Money in the Delaware Land Office.
Mr. Stanton arrived at Lecompton April 15th, and immediately assumed the duties of his office, by which, as Governor Walker had not. yet arrived in the Territory, he became Acting Governor. He entered
Gov. FREDERICK P. STANTON | Copy by Willard of Portrait in Library of Kansas State Historical Society |
upon the duties of his office with the usual Democratie prejudice against the Free-State people, and a disposition to hold them responsible for all the troubles which had convulsed the Territory. On the 24th of April he delivered an address at Lawrenee, in which he announced the policy which the Administration, at the instance of Governor Walker, had agreed to follow in Kansas affairs. One feature of this policy was the determination that the people of Lawrence should obey the laws of the bogus Legislature. As has already been stated, Mr. Stanton was bold and defiant in his address, and announced in an arrogant manner that the laws should be obeyed, and that further disobedience would
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result in "war to the knife, and the knife to the hilt." 1 The impression created by the Acting Governor in the minds of the Free-State men of the Territory was not at first generally favorable to him; they believed that he was basing his future course upon information derived exclusively from Pro-Slavery sources, and from extreme men who had controlled the preceding administrations in their early stages. The Free-State men expected little from any man appointed to office by the President, and they expected the incoming administration would prove no more friendly to them than had the preceding ones.
The first duty of political consequence to the people falling to the Acting Governor was the apportionment of delegates to the Constitu- tional Convention to be held at Lecompton. Some account of this matter has been given in the consideration of the administration of Governor Walker, and it will be only mentioned here. The bill for taking the census to form the basis for this apportionment was passed by the Lecompton Legislature on February 19th, 1857. Governor Geary inter- posed his veto, but the Legislature was hostile to him, and passed it over his veto. If the census provision had been carried out to the letter and in good faith, little objection could have been made to it. But the sheriffs were to take the census, and as they were appointed by the county commissioners, who were in turn appointed by the Legislature, no hope of an honest enumeration was entertained by the Free-State people. There were thirty-four counties in the Territory, and the census was taken in but fifteen of these; and in these it was only partially taken, palpable frauds being committed in some communities. Johnson county
1 Mr. E. P. Harris, one of the early settlers in Kansas, and a man identified with the industrial and intellectual development of the State from the beginning, he having arrived with Lane's Army of the North on August 7th, 1856, has recently related to the author the circumstances under which the phrase, "War to the knife and the knife to the hilt." was used in this address. It seems that the Governor was, in a manner, goaded into the utterance of this unfortunate remark. He was per- sistently interrupted by some Free-State men who continually demanded to be informed of the consequences of resistance to the bogus laws. Mr. Stanton returned evasive answers for some time, evidently hoping that the interruptions would cease, but as the matter was pressed, he finally said :
"The laws must be obeyed ; they will be enforced."
"Then," said the interrogators, "there will be war."
Mr. Stanton was exasperated. It seemed to him that there was an element present determined to antagonize him and question his good faith and sincerity. To suffer himself to be silenced by it at this time would, in his opinion. mark him as a man wanting in decision and courage and trouble him later in the administration of the duties of his office. Rising to his full height, and looking his troublesome and dis- courteous anditors squarely in the face, he sternly answered :
"Then war it must be, and it will be war to the knife and the knife to the hilt."
Mr. Harris says much of the address was conciliatory and manly, and evidenced a desire to see justice done to all parties, and that it was in the main satisfactory to the people of Lawrence and the Territory.
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was given four hundred and ninety-six votes, when in fact it was largely an Indian reservation with very few legal votes. No attempt was made to take the census in any of those counties where the Free-State men were in the majority, or where they lived in any considerable number. On May 20th the Acting Governor issued a proclamation making the appor- tionment of delegates upon this frandulent and partial census; by this act he disfranchised more than one-half the voters of the Territory. His authority to make an apportionment at all was doubtful, and if he had such right he was in duty bound to have the census completed and cor- rected before he acted. His act was one of insolence and defiance, and after he had been cast ont and disowned by his party in the Territory and the President, when they had no further use for him, he made an apology to the Free-State men for his hasty and illegal action.
Governor Walker arrived in the Territory and assumed the duties of his office on the 27th of May. Until the resignation of Governor Walker, Mr. Stanton discharged his duties as Territorial Secretary. During this time the usual change had occurred in the feeling entertained by the Democratic party for the Governor of Kansas Territory. It forced Governor Walker's resignation and forced Secretary Stanton into the Kansas Free-State party. When Governor Walker left the Territory to appeal to the President, Mr. Stanton became again the Acting Governor of the Territory. He saw the unalterable opposition of the great majority of the people to the Lecompton Constitution, and was then fully acquainted with all the outrages attending the various stages of its con- coction. He was, too, at this time fully informed of the exact propor- tion of influence assumed and that actually possessed in the Territory by the National Democracy. He knew by this time the merits of the con- troversy and conflict raging in Kansas. He could no longer remain ignorant of the fact that the Free-State people stood for every principle vital to the existence of the Republic; and also that the National Demo- crats while crying out, "Law ! we invoke the law !" were in fact violating the spirit of all law, daily trampling the Constitution and Organic Act in the mire and holding both in contempt. The only position for an honest man with such information and knowledge was in the ranks of the majority struggling for their rights against the unlawful and repre- hensible usurpations of the minority, aided and abetted by the President.
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