USA > Kansas > Bourbon County > History of Bourbon County, Kansas. To the close of 1865 > Part 6
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87
THE CONSERVATIVES.
1857]
CHAPTER XII.
THE CONSERVATIVES.
LL through these border troubles there was naturally and necessarily what may be called a conservative resident element in Fort Scott and throughout the county, of both the Pro-slavery and Free State parties ; men trying to attend to business, improve their claims, make homes, and carry on their daily avocations. These men were, as they well expressed it, between two fires. And the alarms, incursions, excursions and the retaliatory acts, back and forth between the two parties were carried on over the heads of these law-abiding men. It was a difficult position, much harder to maintain in the country than in town. These men were not conserva- tive in the sense of being non-committal or even non-partisan but as being " non-active" in the political difficulties which did not concern their private affairs.
It is of no avail to speculate now whether or not this factious, partisan border trouble was necessary or could have been prevented. It was simply a matter of fact ; it existed, and that is all there is to be said about it. The Free State inen were, in a large ineasure, on the defensive. They either had to hold their ground or be
88
HISTORY OF BOURBON COUNTY. [1857
driven out. Get out or fight. It was a "condition and not a theory that confronted them," although it was a theory which, in some sense, had brought them to this country in the first place; the theory that they had a right to go into United States territory, take a claim, make a home and speak and vote as they pleased. And they proceeded at once on the theory that the condition they found was a theory, and that their original theory should become the condition.
U. S. TROOPS AT FORT SCOTT.
The constant alarms occurring in the latter part of this year resulted in the calling of a public meeting at Fort Scott on the 13th day of December. E. Ransom was made chairman. Resolutions were reported that a vigilance committee of five should be appointed to take measures to assist in the better execution of the law, either by the organization of a militia company or an appeal to the Governor and having United States troops stationed here. The committee appointed was H. T. Wilson, Blake Little, T. B. Arnett, G. A. Crawford and J. W. Head. The committee rightly concluded that it would be injudicious to try to organize a military company at that time, and decided to ask for troops, who were supposed to have no politics. At their instance John S. Cummings, the sheriff of the county, reported to Acting Governor Stanton that he required the aid of U. S. troops in the execution of the law, and sent the concurrent statement of Marshal Little to the same effect. In response to this request
89
VOTE ON LECOMPTON CONSTITUTION.
1857]
Captain Sturgis, afterwards a Union General, was sent here on the 21st of December with Companies E. and F. Ist U. S. Cavalry, and order was restored and maintained for the short time they were here.
FIRST VOTE ON THE LECOMPTON CONSTITUTION.
Governor Walker, finding that his idea of fairness and justice ran counter to that of the propaganda, resigned his office on the 17th of December.
He had been absent from the Territory for some time and Secretary Stanton had been Acting Governor, and while so acting had called the special session of the Territorial Legislature to change the date and manner of voting on the Lecompton Constitution, and for that act, and others not in the programme, he was removed.
J. W. Denver was appointed to succeed him as Secretary, and took the oath of office on the 21st of December, and became Acting Governor.
On December 21, the first election was held on the Lecompton Constitution. At this election the Free State men again abstained from voting, or giving it any attention.
The vote in Bourbon County, as returned, was as follows :
For the Constitution, with slavery, . 366
For the Constitution, without slavery, 78
There were only nine votes cast against the constitu- tion in the entire Territory. These were voted at Leavenworth and the tickets read "To hell with the Lecompton Constitution."
90
HISTORY OF BOURBON COUNTY.
[1857
This election, besides being otherwise a farce, was more or less fraudulent in every precinct in the Territory, Bourbon County not excepted.
Bourbon County elected members of the State Legislature under the Lecompton Constitution as follows : Blake Little for Senator, D. W. Campbell and J. C. Sims for the House.
Efforts were now being made at different points, notably at Leavenworth, to organize a Free State Democratic party, as Free State Democrats everywhere repudiated the Lecompton Constitution, but no organ- ization was effected in 1857.
Among the arrivals about the close of the year were Alex McDonald, brother of B. P. McDonald, and E. S. Bowen, who had purchased and shipped a sawmill, which was on the road and would arrive in due time. The mill machinery began to arrive about the middle of the next month, and was to be erected at a site chosen for it near the corner of what is now First Street and Ransom Street, or maybe a little further West towards Scott Avenue.
Lumber was going to be in demand, for building would begin in the Spring, although the year 1857 was closing in turmoil, excitement and uncertainty.
91
SECOND LECOMPTON ELECTION.
1858]
CHAPTER XIII.
SECOND ELECTION ON LECOMPTON CONSTITUTION.
HE year 1858 opened politically with the now almost periodical election on the Lecompton Constitution. This one occurred on the 4th of January, as was provided for, as will be remem- bered, by the Territorial Legislature in the special session of December, 1857.
In Bourbon County the vote was as follows :
For the Constitution with slavery . 55
For the Constitution without slavery none
Against the Constitution. . 268
The total vote in the Territory, as published, was: For the Constitution with slavery. I38
For the Constitution without slavery 23
Against the Constitution 10, 226
There was little or no deliberate or prearranged fraud in this election in Bourbon County. The Pro-slavery men in their turn abstained to a great extent from voting, but the Free State men went at it in great shape this time.
No analysis of the vote can be made. It will be noted that Bourbon County cast nearly one-half of the total
92
HISTORY OF BOURBON COUNTY.
[1858
votes in the Territory for the Constitution with slavery, as they were finally counted. But the vote proved nothing as to the relative strength of parties in this county. If an accurate poll of the legal voters in the county that day could have been taken for the Consti- tution with slavery, or against the entire Constitution, it would have resulted in about 250 votes for each side of the question.
FIRST NEWSPAPER ESTABLISHED.
The Fort Scott Town Company fell heir to the press and material of the "Southern Kansan," which was started and two numbers issued by Kline, who went to war, and got killed in 1856, as you have read.
This material was afterwards stored in the black- smith shop of Arnett's corral, where it remained until January, 1858, when it was resurrected under the aus- pices of J. E. Jones. It was removed to the south room of the second floor of the Land Office building, where Joe Williams, jr., and Charlie Bull-scrub typos, proceed to sort the pi, and make ready for the publica- tion of the Fort Scott Democrat. The first number of the Democrat made its appearance on the 27th of Jan- uary, 1858, J. E. Jones, editor.
The publication of the Democrat was continued by Mr. Jones until sometime in 1859, when he left town.
THE FIRST GRAND BALL.
About the Ist of January, 1858, W. T. Campbell, who with his family, had been living at Barnesville, whither
93
TROUBLE BEGINS AGAIN.
1858]
he had moved from Kalamazoo, Michigan, came to town and took charge of the Fort Scott or Free State Hotel. Soon after, he gave what might be termed the opening ball. All the elite of the city were present. One fiddle furnished the music. Joe Ray "called," and "alamand left"' was heard at regular intervals until the "wee sma' hour" of seven o'clock next morning. We don't re- member very well all the ladies who were there, but we do remember Miss Jemima Roach. Jemima was the belle of the evening. For the benefit of the rising generation we will give something of a description of her ball costume, which will answer for a description of all, for they were all about alike-cut off the same piece in Colonel Wilson's store. Well, Jemima had on a good warm linsey woolsey dress, with small check, say, half-inch square, cut high neck and low sleeves, trimmed with a feathery ruche of cut calico, and a dove colored belt, a la cinch Mexicano. We believe the dress was not cut bias anywhere, unless it was under the arms. Just a good plain every day dress that would do to milk in. Then good warm woolen stockings, Government red tape garters, and good stout calf-skin shoes, laced with buckskin strings. That's all. Sally Duncan was the only one known to complain about a thing at the ball. She said she "didn't like the durned abolition callin'; too much cheatin' yer pardners."
TROUBLE BEGINS AGAIN.
The troops remained here until the roth of January. 1858, when they were ordered away, and tlien trouble
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HISTORY OF BOURBON COUNTY.
[1858
commenced again. Some of the Border Ruffians took a squad out to where Mr. Johnson lived and abused him, took some of his stock, and threatened to make him leave. Johnson got word to Montgomery about it, and asked him to come down and see about some fellows whose naines he gave as the leaders, who were then stopping in Fort Scott. About the 10th of February Montgomery was sighted by some of their scouts, com- ing in sure enough, with a party of twenty men. Out about the California ford on the Marmaton they were met by a delegation to ascertain what he wanted. When he told them who he was after, they informed him that this particular man had leaked out into Missouri. But Monty thought he would come in and see for himself. So he did. But they were gone. Then Crawford and Judge Williams and some others, invited him and his forces to take breakfast at the Free State Hotel ; pre- sented him the freedom of the city, so to speak-on a tin platter. So the boys, who were in their "working clothes," and not overly well dressed, took on a good breakfast, and then went quietly home.
On the 15th, the men Montgomery had been looking for returned, Brockett among them. Soon after that a difficulty occurred between Brockett and Charley Dimon, which might have resulted seriously, had it not been for the firmness and courage of Colonel Campbell.
OBJECT LESSON IN SURGERY.
On the 28th of February a party under command of Dr. Jennison and "Rev." Stewart, alias "Plum,"' went
95
ORIGIN OF "JAYHAWKER."
1858]
to the house of a Pro-slavery inan named Van Zumwalt, on the Osage, and routed him out. When the door was being opened-which was hung on wooden hinges and opened outward-the muzzle of a gun was noticed being poked out through the crack near the upper hinge. Some one shot at it and Van received the ball in his arnı. He then surrendered. It was found to be a bad wound, and Jennison, who was a very good surgeon, then went to work and waslied and dressed the wound, giving the boys a clinical lecture as he went along, explaining everything, and giving them instructions how to proceed in similar cases which were likely to to occur in the future.
If Van had been killed it is presumed Rev. Stewart would have made a "few remarks" about the uncertainty of this life, and said a few words for the repose of his soul.
The Jayhawkers always went well fixed in the matter of the learned professions. They generally had a doctor and a preacher along, and quite often a lawyer.
ORIGIN OF "JAYHAWKER.''
On this trip the word, Jayhawker, originated. Jen- nison had with him a regular all-around thief named Pat Devlin. After the boys went into camp north of the Osage, the next morning after visiting Van Zumwalt, they noticed Pat coming in riding a yellow mule loaded down with all sorts of plunder. In front of him were hanging from the horn of the saddle, a big turkey, three or four chickens and a string of red peppers, behind him a 50-pound shoat, a sheep-skin, a pair of boots and a bag of potatoes.
96
HISTORY OF BOURBON COUNTY. [1858
"Hello, Pat, where have you been," asked Doc.
"O'ive been over till Eph. Kepley's a-jayhawking."
"Jayhawking? What in thunder do you mean? What kind of hawking is that?" said Doc.
"Well, sor, in ould Oireland we have a birud we call the jayhawk, that wliin it catches another birud it takes deloight in bullyragin the loife out ov it, like a cat does a mouse, and, be jasus, Oi bethot me Oi was in about thot same business mesilf. You call it 'forag- ing off the inemy,' but, begobs, O'ill call it jay- hawking."
"All right," laughed Jennison. "We'll call it 'Jay- hawking' from this on." And so it was.
This same Pat Devlin took a claim on the Osage some time before the incident related, laid a foundation for a cabin on it and prepared for pre-emption. But his inclination to jayhawk overcame any desire he may have had to become a farmer, and, in consequence, he was away so much "on thot business" that he for- feited all right to his claim. John Hinton, of the Osage, then jumped the claim, built a cabin and moved his father and mother and family into it. Among the family was the old grand father, a man about 85 years of age, who was bed-ridden and helpless from rheuma- tism. One day Pat was riding by the cabin, and on examination, he found that the family were all away from home except the old man. What did he do then but turn in and first tearing the roof off the house he rolled the logs off one at a time clear down to a level with the old grand pap's bed, leaving him there in the weather, alone and utterly helpless.
97
FIRST MANUFACTORY.
1858]
CHAPTER XIV.
FIRST MANUFACTORY IN FORT SCOTT.
BOUT the 20th of February, 1858, McDonald's saw-mill was completed and steamed up for the first time. The boys thought this was a proper occasion to steam up likewise, and Alex. McDon- ald "gave a party" that night. Egg-nog was the principal ingredient. Ben. McDonald, John Little and Ed. Smith were chief cooks and did the mixing. They thought they had plenty of fuel when they started in, but Ben said they run out of Polk County sour mash, and towards the last he had to chuck in some bay rum. Anyway, they laid the boys all out, bottom side up. They didn't know whether they were border ruffians or prohibitionists. Joe Ray said the next day, they had to dust their hats with slick powder and put them on with a shoe horn.
The boys had lots of fun at this saw-mill. Ben was head sawyer and Joe "bore off" the slabs, when he couldn't get Charlie Osbun, or some one of the other boys to do it for him. Joe wasn't lazy, but he was awful tired. They sawed cottonwood lumber sometimes. Cottonwood was great lumber to warp. Joe said it would often curl up and crawl off in the bushes and hide.
7
98
HISTORY OF BOURBON COUNTY.
[1858
MARMATON TOWN COMPANY.
On the 6th of February, 1858, an act was passed by the Legislature incorporating the town of Marmaton. W. R. Griffith, W. B. Barber, W. H. Krotzer and Horatio Knowles were namned as the incorporators. On the IIth of February another act was passed incorpor- ating the Town Company of Marmaton. The incorporators were T. R. Roberts, J. E. Jones, Orlando Darling and Charles Dimon. This Company spelled the name with an "i" instead of an "a" thus: "Marmiton." The correct way to spell the name of the town and the river is as the Town Company had it. The name was given the river by the French fur traders who were here before any other white people. The word means scullion, or kitchen boy, the one that empties the pots and slops. " But the people of the town and township preferred to spell the name " Marmaton," and they petitioned the County Court to have the spelling of the name changed, and it was so ordered.
UNIONTOWN.
Uniontown was laid out in 1858, by Aleph Goff, W. W. Wright and B. F. Gumm, who were members of the Town Company. Uniontown took the place of "Turkey Creek" post office, which was a well known point in the early days of the Territory, when it was in "Russell" Township. It is surrounded by as fine an agricultural country as there is in the county, and the settlers, old and new, are of the best class of people.
-
99
THE ENGLISH BILL.
1858]
THE LEAVENWORTH CONSTITUTION.
The Legislature on the roth of February, 1858, passed an act providing for the election of delegates to another State Constitutional Convention. The election was held on the gtlı of March. W. R. Griffith was delegate from this county. The Convention met at Minneola on the 23rd of March, and after organizing adjourned to Leavenworth, where the first session was held on the 25th of March. On April 3d the "Leaven- worth Constitution" was completed. The prominent feature of this Constitution was that it nowhere contained the word "white."
The Leavenworth Constitution did not figure to a great extent in the history of Kansas. President Buchanan had, on the 2nd of February, 1858, trans- mitted the old Lecompton Constitution to the Senate and recommended the admission of the State under it. This he did in the face of the known and often expressed opposition to that Constitution by both the Free State Republicans and the Free State Democrats.
THE ENGLISH BILL.
Congress, being unable to agree on the question, finally appointed a conference committee, and on the 23d of April, W. H. English, of Indiana, reported for the committee what is known as the "English Bill." This act provided that the Lecompton Constitution be again resubmitted to a vote of the people ; provided stringent regulations for securing a fair vote, and provided for an immense grant of lands to the State for
100
HISTORY OF BOURBON COUNTY. [1858
various purposes, aggregating nearly six million acres, as a straight bribe to the people if they would adopt it. We will vote on this proposition as quick as we can get around to it.
JAYHAWKING REDUCED TO PLAIN STEALING.
Everything being somewhat quiet this winter in the "political" circles of this section, Montgomery decided to retire from the field, and do a little work in the way of improvements on his farm in Linn county when spring opened. There were others, he thought, who could continue the watch on the border and keep the upperhand of the Border Ruffians in this part of the Territory. The man principally relied on to do that was a Methodist preacher called Captain, or "Rev." Stewart, the same man mentioned as having had a hand
in the Van Zumwalt affair. Stewart had about twenty men, who mostly lived north of the Osage river, when they had any home at all. For awhile everything went off all right. But very soon brother Stewart "back- slid," and he and his gang began stealing horses right and left, and running them off up north. They gave themselves up to plundering, robbing and stealing fro11 everybody and anybody. They pretended to be Free- State men-called themselves so-but any man who had a little property was a Pro-slavery man in their eyes, and "all horses were Pro-slavery."
They committed so many villainous outrages that the settlers, of all parties, began to leave the country. Many came in to Fort Scott for protection. It seemed like
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JAYHAWKING.
1858]
the country would be depopulated. The Governor was appealed to for troops by Judge Williams and others and on the 26th of February Captain George T. Ander- son came down with two companies of the Ist U. S. Cavalry. But he could not do much good ; he could not guard each individual, and he could not catch the thieves. He told the settlers who applied to him for protection that they must come in to Fort Scott. That was a difficult matter, too, for those who had property, especially stock. They could not well bring that in to town. This plundering and stealing was aided and participated in to some extent by a few of these very U. S. soldiers, who were sent here to protect the people. Edward Wiggin, who now lives on his farm about four miles north of Fort Scott, came here with Capt. Geo. T. Anderson, as a private in Company "I," Anderson's company. He says there was a small squad of his company, giving their names as Bill De Bost, Jim Sim- mons, Henry Sadwick and some others, who soon fell in with the idea of playing "Jayhawker," and influ- enced by some of the old Border Ruffians, repeatedly made stealing raids out into the county, in which they represented themselves as "Stewart's men," and Free- State men. A. Hyde, who after the war located in Fort Scott, and was at one time City Marshal, and who our citizens familiarly called Cap. Hyde, was also a member of Anderson's company. Through the influence prin- cipally of Ed. Wiggin and Cap. Hyde the thieves mentioned were driven out of the company for this stealing business.
In the meantime, all this thieving and indiscriminate
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HISTORY OF BOURBON COUNTY.
[1858
plundering was casting an odium on the Free State party and giving it a bad name among those who were not in the saddle.
Things came to such a pass that Montgomery again took the field to straighten them ont. As soon as he appeared Stewart and most of his gang left this part of the Territory for a while and that sort of business ceased for some time.
FIGHT WITH U. S. TROOPS.
Montgomery remained in the field. The Southeast- ern border was infested by Border Ruffians of the worst class, many of whom had been driven down by the Free State men further north and had lodged along the Missouri State line. They were making their last stand here. Hamilton was their General-in-chief. It was an idea of theirs to use the United States troops to accomplish the capture of old Jim Montgomery. They had out their spies, and on the 21st of April it was ascertained and reported to them that Montgomery was in the Marmaton valley. Captain Anderson was at once urged by the Border Ruffian crowd to go out and bring him in. Anderson, like many of the regular army officers, was himself an ultra Pro-slavery man and would have liked nothing better than to liave gotten hold of Montgomery. He did not require much urging, and soon started out with a detail of men to capture him. About six or eight miles out, in the Isaac Mills neighborhood, they sighted old Jim sure enough, riding leisurly along, with about twenty men,
WESTERN HOUSE, OR PRO-SLAVERY HOTEL.
NARROW DEFILE ON PAINT CREEK. 1858.
103
FIGHT WITH U. S. TROOPS.
1858]
and they took after him full tilt. It had not yet become customary to fight United States troops by either faction, and Montgomery having no desire to commence the practice "skeedaddled." But being close pressed he turned up Yellow Paint Creek to a good narrow defile for defensive purposes which he knew of, quickly dismounted his forces to fight as infantry, and coolly awaited the onslaught of Anderson's troops. Anderson paid no attention to the order, three times given, to halt, but opened fire without dismounting, badly wounding one man, John Denton. Montgomery replied with a volley, killing one soldier named Alvin Satterwait, wounding one or two others and killing a soldier's horse, which fell on him pinning him to the ground, and also killing Anderson's horse. The regulars then retreated to town, and the irregulars went on about their business.
This was the first and only time United States troops were fired on during the border troubles. The Free State party had always been careful to avoid placing themselves in the light of rebels, or as resisting the bogus Territorial laws. This affair was not similar to that of Thermopolyae or the Alamo, for "Thermopolyae had one messenger of destruction; the Alamo had none," but it might easily have been, had Anderson's force been of similar disproportion.
Captain Anderson resigned soon after this, and when the war broke out he went into the rebel army and became a Brigadier General. He had a brigade at Pittsburg Landing. Captain Hyde was also in that battle as a private in the regular army. On the first
104
HISTORY OF BOURBON COUNTY. [1858
day of the battle Hyde was wounded and left in the hands of the Confederates, where he was accidentally thrown into the presence of General Anderson. They knew each other at once, and Anderson caused him to be taken care of until the second day, when the tide of battle, surging past where he was, left him in the hands of his friends.
The second in command under Montgomery in the Paint Creek fight was Aaron D. Stevens, then going under the name of Captain Whipple. More will be said of him hereinafter.
105
SOME OLD SETTLERS.
1858]
,
CHAPTER XV ..
SOME OLD SETTLERS.
MONG the men who settled in this county in the Spring of 1858, was James F. Holt, who went out to where William Holt was located on Turkey Creek. Mr. Holt was born in Tennessee, April 15, 1819. He was postmaster at Turkey Creek, and held other important positions and was a well known figure in our county affairs. William Jackman came from Pennsylvania and settled at Rockford. Guy Hinton, A. Wilson and his brother M. Wilson came out from Ohio, and located at Mapleton. Frank M. Smith, from Tennessee, settled near Mapleton. Charles Elliott, from Ohio, was quite a prominent man; he served as County Treasurer one term. D. B. Jackman, Attorney- at-Law, first went to Anderson county, but located "all along the Osage" in 1858. He was prominent in "Squatter Court" affairs. E. G. Jewell and D. Jewell settled on the Osage. E. G. Jewell, a very promi- nent man, was one of the vice-presidents at the organ- ization of the Republican party at Osawatomie, May 18, 1859. H. Hickson, from Ohio, settled on Mill Creek. W. R. Clyburn, from Indiana, settled on Dry- wood. The Custard family, from Pennsylvania, and
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