USA > Kansas > Bourbon County > History of Bourbon County, Kansas. To the close of 1865 > Part 8
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IMPROVEMENTS CONTINUE.
1858]
brother; the first man that attempts to shoot him is a dead man." And he held that posse until Rube had time to get away.
Soon after peace was restored, Geo. A. Crawford made a trip to Washington to effect the removal of Geo. W. Clark, who had been so long in the Land Office. This he succeeded in doing, although Clark was the pet of somebody near the Administration, who immedi- ately secured for him a fat appointment in the U. S. Navy. But this section of country was rid of him for all time.
G. W. Clark was at heart a bad man. His methods were sneaking and underhanded. He held his office under false pretenses and under a false name, the rec- ords of the Land office bearing his name as Doak. He planned and instigated more devilment among his class of rabid Pro-slavery men than any other man on the border. He was not in the Marais des Cygnes murder, but he was in the secret council that planned it in the "dark recesses" of the Western Hotel. Had he and his friends then in Fort Scott ever obtained what they thought to be a sufficient advantage, their first stroke would have fallen on Crawford, Gallaher, Dimon, Mc- Donald, Campbell, Tallman and others, instead of the wholly unprotected and unwary men who forined that fated line on the banks of the Marais des Cygnes.
IMPROVEMENTS CONTINUE.
During the summer the work of improvement went on satisfactorily. Hill & Riggins and Wilson, Gordon
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HISTORY OF BOURBON COUNTY.
[1858
& Ray erected their new stores on Market street and occupied them. The Democrat had moved to the sec- ond floor of the Town Company's building; the Com- pany occupied the front room, and the post-office the back room of the lower floor. Two Swedes erected the great barn-like building at the Southeast corner of the Plaza, one of them-the big one-packing most of the lumber from the mill on his shoulders, and C. F. Drake occupied the east room for his stove and tin store. William Smith erected a dwelling at the corner of Scott avenue and Locust street. Charley Goodlander put up his shop on the east side of Scott avenue.
EXIT LECOMPTON CONSTITUTION.
Governor Denver had designated the 2nd of August, 1858,! as the day for the election on the Lecompton Constitution, as submitted by the provisions of the English Bill. .
The election took place on that day, with the follow- ing result in Bourbon County :
Against.
For.
Rayville,
53 .
Sprattsville,
18
Mapleton,
84 .
I
Marinaton,
4I
4
Osage,
30
Mill Creek,
26
Drywood,
50 . . 13
Fort Scott,
81 19
Total,
383 . . . 37
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EXIT LECOMPTON CONSTITUTION.
1858]
The total vote in the Territory was :
Against the Constitution, 11, 300
For the Constitution, 1,788
Majority against, 9,512
And that was the last of the Lecompton Constitution. It was born in iniquity and shame; left in all its squalor on the steps of the White House; there reclothed, a bribe for its adoption hanged around its neck and then returned to the place of its nativity, ouly to be spurned into a timely grave.
Thus perished the last hope of the incipient Confed- eracy that they could ever add Kansas to their territory. They gave up the fight. The struggle was over. Kansas was free.
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HISTORY OF BOURBON COUNTY.
[1858
CHAPTER XVIII.
AMNESTY BROKEN.
HE regular election for member of the Territorial Legislature was hield on October 4, 1858. Bourbon County was in the 12th District. Thomas R. Roberts was elected the member for this county. On the 10th of October Governor Denver resigned, and Hugh S. Walsh became Acting Governor until the appointment of Samuel Medary, of Ohio. Governor Medary arrived at Lecompton on December 17th and assumed the office of Governor.
The truce agreed to in June had been generally ob- served and nothing objectionable to any party occurred until in November, when stealing commenced again. The houses of Poyner and Lemons, two farmers living north of Fort Scott, were robbed, and many other dep- radations were committed. It is not known who comn- mitted all these robberies, but they were generally laid onto "Montgomery's inen." Some of the robberies were probably cominitted by men who had, at some time or other, been with Montgomery. There was 110 "politics" in it more than there would be now days in any plain case of stealing, nor had it anything what-
127
AMNESTY BROKEN.
1858]
ever to do with the amnesty agreement further than a tendency to "stir things up."
About the 17th of November, 1858, a man named Ben Rice, who had figured more or less as a Jayhawker was arrested on old indictments for crimes committed before the amnesty. It was said one indictment was for the murder of old man Travis who had been killed on the Osage nearly a year before. The arrest of Rice, although it was made by a Free State officer, on all indictment found by a grand jury, partly, at least, of Free State men, was regarded by many as a deliberate rupture of the treaty of peace and amnesty, which would be followed by the indictment and arrest of all who had been active in the border difficulties, and that the revival or resumption of the execution of old writs for past offenses of a political nature would fall only 011 inen of the Free State party, as most of the men of the Pro-slavery party who were liable under the law for crimes and misdemeanors had been driven out or had voluntarily left the Territory.
Montgomery also regarded the arrest of Rice on such an indictment as a violation of the agreement with the Governor of June 15th. He argued that all offenses committed prior to that date should be "amnested." The other side claimed that the agreement was, substan- tially, that for past offences no arrests should be made except on duly authenticated indictments by grand juries. Such in fact was the real spirit and intent of the Denver agreement.
Then followed a couple of weeks of uneasiness and growing dissatisfaction, when a meeting was called at
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HISTORY OF BOURBON COUNTY.
[1858
Rayville to endeavor to quiet things down again. W. R. Griffith was president, J. C. Burnett and Rev. M. Brockman, vice-presidents, and J. E. Jones, secretary.
Montgomery, in a speech interpreted the June agree- ment, claiming that amnesty was of the essence of that treaty, etc. A mnotion that offenses cominitted prior to June 15th be referred to grand juries of the proper counties was lost. On the other hand, a motion to forcibly release Rice was also lost. There was some further discussion, but it was impossible to agree on any line of action, and Montgomery determined on the release of Rice.
RELEASE OF RICE-DEATH OF LITTLE.
On the night of the 15th of December, 1858, a party with the purpose of releasing Ben Rice from custody assembled at the house of old man Wimsett, about three iniles west of Fort Scott on the Marmaton river. The leaders present were old John Brown, Montgomery and Jennison. These men had with them their lieutenants and particular followers which they had brought down with them from Linn County, of about fifteen men each. On the Osage they were joined by some twenty more and five or six were added to their force on the way down through the county, making the aggregate number at Wimsett's sixty-eight or seventy men. They also brought down a small cannon, then owned by the Mound City people-now in possession of the State Historical Society-which they called "Betsy." Alec Howard, of Osage, hauled Betsy down in a two-horse wagon.
129
DEATH OF LITTLE.
1858]
A general council was then held by the prominent men to arrange details. The question of who should command the expedition came up. Brown wanted to lead. He claimed he was the oldest man and oldest in the border war and should have command. He defined his plan of campaign as the absolute destruction of the town and the killing of all who resisted. Hazlett, Whipple, Kagi and some few others supported Brown. Montgomery claimed that he should lead; that the people of the Osage country, in both counties looked to him and relied on him, and he knew their wishes; that lie had been their representative in the Denver agree- ment, and in all the public meetings at Rayville and other points; that the sole and only object of the expe- dition was the release of Rice, and that not a single house should be burned or a man killed, and finally, in the most arbitrary manner he declared that he was and would continue in command. Jennison had nothing to say. He was there to go in with anybody and run his chances. He afterwards, in a published "sketch of his life" claimed that he was the leader, but his leadership began after the store was broken open and the goods in sight. The party then started for Fort Scott, crossing the Marmaton at the California ford. Brown remained at Wimsett's. The affair had assumed too insignificant proportions for the great "Liberator" to fool with, especially if he couldn't boss the job.
After their arrival at the edge of town, at the house of J. N. Roach, called "Fort Roach" by the boys, which was a log house near the present corner of National avenue and First street, they halted and there formed
9
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HISTORY OF BOURBON COUNTY. [1858
into three squads of twenty men each. It was now just daylight, between six and seven o'clock. On reaching the Free State Hotel, where they had previ- ously ascertained Rice was kept, the first division passed quietly by the right to the rear of the house, the second squad to the left, and the third mounted the big flight of stairs in front and passed on up to the third story, where they found Rice and quickly released him. While this was going on a tragedy was being enacted in the building just across the alley from the hotel. This building, still standing, was built by the Government for quartermaster's stores. It is a long, one- story frame house, and was at this time occupied by Little & Son as a general store. A partition had been run through lengthwise, and the part next to the hotel was the storeroom, and the other part was occupied by the Little family. The store had a front entrance and also a side door. John Little and George A. Crawford, for that night, were sleeping in the store. The noise made by the rescuing party aroused their attention. Just then they heard some one cry "Jayhawkers !" Then Little grabbed his gun, opened the front door a few inches and, seeing an armed mob, fired on them, lodging a load of duck-shot in the heavy overcoat worn by Hazlett. Kagi, standing near Hazlett, instantly fired at the door, putting a ball througli it just above Little's head. Little then locked the front door and went to the side door, placed a goods box against it and mounted it in order to see through the transom what was going on. The glass in the window was dusty and he took his white handkerchief and was
131
DEATH OF LITTLE.
1858]
cleaning a spot so he could see out better, when Capt. Whipple, standing about at the corner of the hotel, seeing the handkerchief moving, fired at it with his Sharp's rifle. The bullet struck Little in the forehead, and he dropped to the floor and expired in a few minutes. Then the uproar commenced. The Jay- hawkers thought there were armned men in the store. The cannon was brought up to bear on the house. Some one shouted that there were women and children in the house. Then the doors were all opened or broken down, front and rear. They found no one in the front part of the store but Mr. Crawford and the dying Little. They assisted Mr. Crawford in carrying Mr. Little around to the part of the house in which the family lived.
In the meantime several citizens had made their appearance, and as fast as they did so they were arrested. Colonel and Mrs. Wilson, in the next house to the hotel, came out on the porch and were ordered down on the sidewalk among the other prisoners. Alec McDonald, living in the next house to Colonel Wilson's, came out. Jennison, standing on the sidewalk in front of Wilson's, ordered him to surrender and come down there. Mc- Donald declined the invitation and darted inside the door just as Jennison let go at him with his rifle. The ball is in the door now.
Montgomery, seeing Mrs. Wilson, thought he saw in her face a resemblance to Dr. Hogan, who had once befriended him when they all lived in Missouri. On ascertaining that Dr. Hogan was her brother, he at once released her and the Colonel and promised that
132
HISTORY OF BOURBON COUNTY.
[1858
their store should not be disturbed, but "requested" that the Colonel furnish some of his men with break- fast. The Colonel ordered breakfast at the Western Hotel for thirty, but the inen did not stay to eat it.
The jayhawkers on breaking open Little's store, seeing the dry goods, boots, saddles, etc., began to help them- selves. Jennison was in there. He took one of the new saddles, turned it over on the floor and piled dry goods and things on it, then buckled the surcingle over them, poked his gun through the bundle, shouldered it and walked off. He looked liked the cuts in newspapers and hand-bills of those days advertising slaves.
C. F. Drake, Crawford and others went to Montgom- ery and tried to have him stop the stealing. He did try to, but the fellows had got a taste and lie could not control them. He did, however, succeed, like in time of a big fire, in "confining it to one block."
Little made a fatal mistake in firing the first shot into the mob. While it cannot be stated without question that if there had been no resistance or show of arms there would have been no bloodshed or firing on un- armed citizens by the rescuing party, it is altogether probable that such would have been the case. There was a bad element along, headed by Jennison, who only awaited an excuse like being first fired on to shoot at any body they saw, or commit any depredation.
George Stockmyer, Mr. Tabor and Mr. Johnson, living in the neighborhood of Dayton, learned of the proposed attempt to release Rice the day before, and with a view of preventing probable trouble, started that night for Fort Scott with the intention of inform-
133
DEATH OF LITTLE.
1858]
ing the proper officers and getting them to release Rice in advance of the mob. But they were prevented for some reason, and did not get in until too late.
The tragic death of John H. Little was much regret- ted by all who knew him, not only in town, but throughout the country where he was well acquainted. Every body knew "Little & Son," and Little's Store. He was a man of strong Pro-slavery prejudices, but of late he had nothing to do with politics, but was attend- ing strictly to the business affairs of the store.
The right name of the man who shot Little was Aaron D. Stevens, who was then going under the assumed name of "Capt. Whipple." He had a singular history. At the age of fifteen he went into the Mexi- can war and, young as he was, he distinguished him- self for undaunted courage. After the war his command started home across the plains. One day an officer was grossly abusing a private soldier. Whipple witnessed it as long as he could stand it and then turned in and whaled the officer nearly to death. For that Whipple was sent to Leavenworth, tried, and sentenced to be shot. But he escaped. In January, 1856, he turned up at Topeka, got in with the boys, and was made Captain. Later he joined John Brown and died with him for the Harper's Ferry business, as did also tlie men called Kagi and Hazlett.
-
134
HISTORY OF BOURBON COUNTY.
[1859
CHAPTER XIX ..
MILITIA ORGANIZED.
HE incidents which had occurred during the last of December renewed the excitement throughout the county. The citizens of Fort Scott and the neighborhood made application to Governor Medary for troops. The Governor having no troops to send advised the organization of home militia to act with the Marshal in enforcing the law. They acted on his suggestion and the organization of militia companies was begun about the first of the year. John Hamilton, the old sergeant of the regular arıny, who was here when the post was established in 1842, was captain of the first company, and C. F. Drake lieutenant. Another company was organized by Alex. McDonald, W. T. Campbell, A. R. Allison and W. C. Denison. Two or three other companies were started; they had plenty of men for officers, but they ran out of men for privates. They finally concluded that, as the weather was pretty cold anyway, they would let old John Hamilton run the military depart- ment. Being an old soldier he immediately brought matters into military shape, with roll-call, guard mounting, drill, etc. Their arms were all private property and were of as heterogeneous a character as
1859]
MILITIA ORGANIZED. 135
could well be imagined-flint-lock muskets, rifles of every imaginable pattern, shot-guns, carbines and pistols.
On application of Governor Medary a quantity of smooth-bore muskets were sent to the end of the Pacific railroad, whence, during the month of January, 1859, they were escorted to Paris by a company from Linn County. On the trip, Captain Weaver, in charge of the party, in drawing a loaded gun front a wagon, was accidentally shot and killed.
The greater part of the month of January was spent in drilling. The force was divided into three com- panies under Captains Hamilton, McDonald and Campbell. J. E. Jones, A. McDonald and W. T. Campbell were appointed Deputy U. S. Marshals. The men were all regularly mustered and sworn in.
Sunday morning, January 30, 1859, a company of fifty men started for Paris after the new arms. The trip occupied four days and on their return preparations were at once inade to go in pursuit of the Jayhawkers. The entire mounted force inarched at midnight on the 4th of February. Hamilton's company reached the Little Osage, near the present Fort Lincoln, at daybreak.
For three days they scoured the Little Osage country clear to its head, riding almost continuously, and returned to Fort Scott at midnight of the 7th with about a dozen prisoners, completely worn out.
After a few days' rest they proceeded with their prisoners to Lawrence, where they were to be tried.
The difficulties in Southeastern Kansas early engaged the attention of the Legislature, to whom the Governor had presented his version of the matter. To remedy
136
HISTORY OF BOURBON COUNTY. [1859
the evils in this part of the Territory the jurisdiction of Douglas county was extended over the infected dis- trict, and all persons were ordered to be brought to Lawrence for trial, away from the scene of strife. That is the reason these prisoners are being taken there.
LAWRENCE AND FORT SCOTT GET ACQUAINTED.
Continuing their journey they camped at Black Jack on the night of the 14th. Next morning, at the Waka- rusa, Marshal Campbell met them with the news of the passage of the "Amnesty Act," and the captives were turned loose. The wagons and most of the men at once set out on their return to Fort Scott. Some, desirous of visiting Lawrence, since they were so near, and with no suspicion of the reception they would receive, rode on. As they quietly pursued their way up Massachusetts street, and had almost reached the Eldridge House, the cry was raised in the crowd that Hamilton, their Captain, was the Hamilton of Marais des Cygnes fame. In a moment they were beset by a fierce mob numbering several hundred. Resistance was useless. Putting spurs to their horses they dashed for the prairie. But the mob was ahead of them. As they galloped down New Hampshire street they received a perfect avalanche of bullets, brick-bats, rocks, mind and sticks. In a short time they were completely hemmed in, and then there was nothing for it but to surrender. But everything was explained after awhile and they were treated with the greatest consideration during the remainder of their stay in that city.
137
COUNTY SEAT MOVED.
1859]
One good result of this affair was that Lawrence and Fort Scott became better acquainted, and the bad im- pressions and prejudices of both towns which had existed against each other were, to a great extent, re- moved. Fort Scott's opinion of Lawrence was that it consisted principally of jayhawkers and thieves, and Lawrence was entirely certain that Fort Scott contained nothing but Border Ruffians, with Doc Hamilton as Mayor and Brockett as Police Judge. When they found that the Fort Scott people were, like the best men of their own town, only interested in the peace and prosperity of Kansas, they felt most kindly towards them, and from that day both communities drew a clearer line between "jayhawkers" and good citizens.
The "Amnesty Act" mentioned was passed by the Leg- islature only a short time before, and was to this effect :
SEC. I. That no criminal offenses heretofore com- mitted in the counties of Lykins, Linn, Bourbon, Mc- Gee, Allen and Anderson, growing out of any political difference of opinion, shall be subject to any prosecti- tion on complaint or indictment in any court whatsoever in this Territory.
"SEC. 2. That all actions now commenced growing out of political differences of opinion, shall be dismissed."
This act, taking effect immediately after its passage, pardoned and liberated all political prisoners then in custody within the designated limits.
COUNTY SEAT MOVED.
In the winter of 1859 the county seat was moved from
138
HISTORY OF BOURBON COUNTY. [1859
Fort Scott to Marmaton City. There was a combina- tion of circumstances which effected this removal. There was a feeling that the records and other property of the county would be more secure away from Fort Scott. There was also considerable feeling of animosity against that town, as the result of old prejudices, and it is probable, also, that a scheme for a real estate specu- lation, headed by T. R. Roberts, the Representative in the Legislature, had something to do with it. At any rate the records were inoved, and the first meeting of the County Board was held on the 25th day of February, 1859. At this meeting the townships of Freedom, Franklin and Marmaton were organized.
The people of Fort Scott sat still and saw the records and offices moved away without much protest, as they, even then, relied on their "natural advantages" for the future of their town. But C. F. Drake and a few others realized the necessity for having the County Seat at Fort Scott, if it was in future to be the principal town in the county, and they went to work to recover it, as will be seen hereafter.
PREPARING FOR ANOTHER CONSTITUTION.
On the 7th of March, 1859, Governor Medary issued a proclamation calling an election for or against holding a Constitutional Convention, in order to ascertain whether or not the people wished a State government.
This election was held on the 28th of March, 1859. It was the first step under the movement for the Wyan- dotte Constitution.
139
AN ALL-AROUND GOOD YEAR.
1859]
Bourbon County voted as follows :
For a Constitutional Convention. 333
Against a Constitutional Convention 47
Majority for 286
The total vote in the Territory was : For a Constitutional Convention . 5,306
Against 1, 425
Majority for · 3,881
This was a very light vote. There was but little division of public sentiment on the question, and no contest at the polls. Everybody was in favor of a State government, except a few bad smelling politicians, old time Jayhawkers and Border Ruffians, whose "political principles" had degenerated into the sole desire to see the country kept embroiled and the field kept open for plundering, thieving and guerrilla warfare.
AN ALL-AROUND GOOD YEAR.
The spring of 1859 opened and continued fairly sea- sonable, except there was a little too much rain. Even up to June the rivers and streams, from the Marais des Cygnes down, were often past fording, and sometimes out of their banks. But, nevertheless, the prospect for growing crops was good, and there had been much more planting than ever before.
Emigrants were coming into the Territory in large numbers, although that year the "Pike's Peak " excite- 111ent was at its height, which diverted much the larger
140
HISTORY OF BOURBON COUNTY. [1859
stream of emigration to the gold fields of the Rocky Mountains.
Bourbon County, however, in spite of the troubles, trials and vexations she had passed through, in spite of the marauding of irresponsible men, which had cast an odium on her good name, and in spite of the heretofore almost lawless condition of society, was, nevertheless, receiving a fair share of good farmers and good men. The valleys of the Osage, Marmaton and Drywood were filling up, and the high open prairie was being intruded upon by the cabin and corral. Towns were springing up,-Dayton, Xenia, Uniontown, Rockford, Cato,-all with at least a store, and a post office.
The names of all who settled in the county that year should be recorded here, but it is impossible. They caine in too thick.
Fort Scott received a good increase in population during 1859, also. Among the many coming in that year was C. W. Blair.
Charles W. Blair located in Fort Scott in the spring of 1859. He was born in Georgetown, Ohio, February 5, 1829. He studied law when a youth and at the age of twenty-one was Prosecuting Attorney for liis county. December 25, 1858, he was married to Miss Katherine Medary, daugliter of Hon. Samuel Medary, who was soon afterwards appointed Governor of Kansas Territory. He was accompanied to Fort Scott by his old law tutor, Hon. Andrew Ellison, and they entered imine- diately upon the practice of law, which has been the occupation of his life except the interim during the late war. Blair was always a Free State Democrat,
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