USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. IV > Part 25
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The election, December 21, resulted in 6,226 votes being cast for the "Constitution with slavery," and 560, for the "Constitution withont Livety." Free state men, as a rule, did not go to the
"Thìa wan known as the "1. compton Comnflfullon."
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polls. A committee of investigation appointed by the succeeding legislature reported that 2,270 of the votes cast were illegal.
The free-state men continued to act independently. The Topeka legislature met in June, and enacted laws providing for a state election in August, making Topeka the permanent capital ; and establishing a state university at Lawrence. They passed a joint resolution praying congress for the admission of Kansas under the Topeka constitution. July 15, a free-state convention was held at Topeka to nominate candidates for state offices. They adopted resolutions denying the validity of the territorial legis- lature, sustaining the Topeka government, asking for a resubmis- sion of the Topeka constitution at the August election, and calling a convention at Grasshopper Falls August 26. At the August election more than 7,000 votes were polled. On the question of sustaining the Topeka constitution, there were 7,257 votes in the affirmative and only 34 in the negative. At the Grasshopper Falls convention, the question of voting at the election in October was discussed at some length. Robinson, Lane, and others, relying. upon Governor Walker's oft repeated promise to see fair play, favored it. Martin F. Conway was the principal opponent. After much had been said on both sides, the following resolutions were adopted :
"WHEREAS, It is of the most vital importance to the people of Kansas that the Territorial government should be controlled by the bona fide citizens thereof ; and
"WHEREAS, Governor Walker has repeatedly pledged himself that the people of Kansas should have a full and fair vote, before impartial judges, at the election to be held the first Monday in October, for Delegate to Congress, members of the Legislature, and other officers ; therefore,
"Resolved, That we, the people of Kansas, in mass convention assembled, agree to participate in said election.
"Resolved, That in thus voting we rely upon the faithful ful- fillment of the pledge of Governor Walker; and that we, as here- tofore, protest against the enactments forced upon us by the voters of Missouri.
"Resolved, That this mass meeting recommend the appointment of a committee, to wait upon the Territorial authorities, and urgently insist upon the review and correction of the wicked apportionment endeavored to be forced upon the people of Kan- sas, for the selection of members of the Territorial Legislature."*
*The apportionment complained of was made by Thomas Johnson, president of the consell, and William G. Mathias, speaker of the house, under an act
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"Resolved, That Gen. J. 11. Lane be authorized and empow- ered 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."
A committee appointed to prepare and address to the people was selected. This address was published on September 15, a large portion of it being devoted to the legislative apportionment. On this question the address pointed out that, "Sixteen counties, strongly free-state, containing nearly one-half of the entire popu- lation of the Territory, are not allowed a single representative in either branch. Of the thirteen members of the Council, all but three, and of the thirty-nine members of the House of Representa- tives, all but ten, are to be elected in districts bordering on the Missouri line."
This was followed the next day by an address from Governor Walker, in which he again asseverated that the election should be fairly conducted, the polls should be opened to every citizen of Kansas, and the returns should be honestly made. The free- state men accepted the governor's pledge in good faith and went to work to carry the election. They succeeded beyond their expectations. Governor Walker was as good as his word. At Oxford, in Johnson county, more than 1,600 Missourians voted ; about 1,200 also voted in MeGee county ; and a large num- ber voted at Kickapoo. The governor and secretary threw out the vote from these precincts on account of "informality." With- out this large illegal vote being counted, the free-state men elected a majority of both branches of the legislature. A meeting at Lecompton denounced Walker and Stanton for throwing out the illegal votes ; and Judge Cato issued a peremptory mandamus to the governor and secretary to compel them to issue certificates of election to those legislative candidates in Johnson and Douglas counties who would have been elected by the counting of the fraudulent vote cast at Oxford, but the mandamus was not obeyed.
After his failure to secure the submission of the Lecompton constitution to a vote of the people, Governor Walker determined that he would not be a party to the scheme of forcing that consti- tution upon them. November 16, he left Kansas, giving out the information that he would be absent on business for a few weeks, and Secretary Stanton took his place. A month later the gov-
passed at the second needon of the lepl
By His apportionment, the hinte. leon fr . Gate countless of Richardson, Davis, Wine, Breckenridge, Weller, Andl Bon, Buber. Hunter, Greenwood, Bourbon, Godfrey, Wilson, Dorn, Medier, Wood. Bon, Colley, Allen, Anderson, and Franklin, were given bul three representatives.
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ernor placed his resignation in the hands of Secretary Cass, at Washington.
Soon after Governor Walker's departure, a convention at Topeka declared in favor of making another effort to establish a free-state government under the Topeka constitution. As the free-state men were now in control of both branches of the regular territorial legislature, acting-Governor Stanton was petitioned by the pro-slavery leaders to call a special session of this legislature to counteract the influence of the radical free-state men. A spe- cial session to meet on the seventh of December, was accordingly called. On the eighth the assembly organized by electing C. W. Babcock president of the council, and Joel K. Goodin secretary ; G. W. Deitzler speaker of the house, and C. F. Currier chief clerk. In his message acting-Governor Stanton recommended the sub- mission of the entire Lecompton constitution to a vote of the people. There was passed an act ordering an election, January 4, 1858, at which time a vote should be taken for or against the constitution, and state officers should be elected, so that, if the constitution were ratified, the state government would be ready for inauguration.
Because he called this special session of the legislature, Stanton was removed from the office of secretary, and acting-governor, and James W. Denver was appointed to succeed him. The new secretary arrived at Lecompton on December 21, and took the oath of office before Judge Cato. Ile issued an address to the people declaring that elections should be honestly conducted, and the affairs of the territory should be impartially administered.
James William Denver was born at Winchester, Va., on the twenty-third day of October, 1817. Until he reached his majority, he worked on the farm and attended the common schools during the winter sessions. In 1841 he went to Missouri, where he found employment as a teacher ; but the following year he went to Cincinnati and entered the law school there, graduating in the spring of 1844. He commanded a company in General Scott's army during the Mexican War, and upon the return of peace settled at Platte City, Mo. The year 1850 found him in California, where he soon became a figure in politics as a mem- ber of the state senate. In 1853 he was appointed secretary of the state of California, and a year later was elected to congress. While in California, he fought a duel with, and killed, ex-Con- gressman Edward Gilbert, editor of the San Francisco Alta. In 1857 he was appointed commissioner of Indian affairs by President Buchanan. Next he was appointed secretary of Kansas
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territory, and in May, 1858, was appointed governor, being the fifth regularly appointed governor of the territory. In October, 1858, he left Kansas and went to California, but a little later removed to Ohio. The capitol of the state of Colorado was named for him. He died at Washington, D. C., August 8, 1894.
The vote taken January 4, 1858, on the Lecompton constitution resulted in its rejection by a decisive majority, 10,226 votes being cast against it, to 161 in its favor. On the same date that this vote was taken, the third regular session of the legislature con- vened at Lecompton, re-elected the officers chosen at the special session, and on the 6th adjourned to Lawrence where it remained in session forty days. When it was definitely ascertained that the Lecompton constitution had been repudiated by the people, an act authorizing another constitutional convention in March was passed. Acts repealing the "black laws," abolishing slavery in the territory, and removing the capital to Minneola, in Franklin county were also passed. All these measures were vetoed by the governor, but were passed over his veto.
On the 9th of March, 1858, an election for delegates to the constitutional convention was held, and the following were selected: Jefferson county-Edward Lynde, James Monroe, J. C. Todd, A. W. McCaslin. Shawnee-A. L. Winares, Lucian Fish, R. M. Fish, II. W. Curtis, William W. Ross, John Ritchie. Atchison-Frank G. Adams, Caleb May, G. M. Fuller, C. A. Woodworth, H. S. Baker. Breckenridge-P. B. Plumb, William McCulloch, John R. Swallow. Butler and Hunter-Samuel Stewart. Madison-G. D. Humphrey. Linn-A. Danford, Thomas HI. Butler, Robert B. Mitchell, Robert Ewing. Brown- A. B. Anderson, Orville Root, A. W. Williams. Richardson- James Fletcher, James M. Winchell, Henry Harvey. Ander- son-W. F. M. Arny, William Spriggs, W. L. Webster. Coffey- R. A. Kinzie, D. A. Hawkins, J. M. Elliott. Calhoun-W. E. Bowker, Adam Fuller. Lykins-G. A. Colton, Thomas Roberts, Charles A. Foster, A. Knapp. Franklin-Joel K. Goodin, J. G. Rees. Wells-A. J. Shurtleff. Allen and Bourbon-W. R. Grif- fith, M. H. Hudson, G. A. Nuller, A. G. Carpenter, G. W. Camp- bell. Douglas and Johnson-M. F. Conway, E. S. Scudder, Charles H. Branscomb, A. Soule, W. R. Monteith, J. M. Shep- herd, John L. Brown, D. Pickering, Charles Mayo, James D. Allen, T. Dwight Thacher, James S. Emery, Sammel N . Wood. Doniphan-W. D. Beeler, James II. Lane, William V. Barr, A. Larzelere, W. Fleming, Hugh Robertson, Charles E. Perham, J. F. Hampson. Riley-Isaac T. Goodnow, F. N. Blake, Geo. W.
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KANSAS'S STRUGGLE FOR ADMISSION.
Higginbotham. Pottawatomie-U. Cook, J. D. Adams. Davis- J. II. Pillsbury. Nemaha-S. S. Wright, R. U. Torrey. Wood- son-R. Austin. Greenwood-M. L. Ashmore. Wise-H. J. Espy. Leavenworth-Henry J. Adams, Thomas Ewing, Jr., John P. Hatterscheidt, John C. Douglass, James Davis, W. Y. Roberts, J. M. Walden, William HI. Coffin, Thomas Trower, HI. P. Johnson. At large-B. B. Newton, James Telfer, G. W. K. Twombley.
Seventy-two of these delegates met at Minneola, March 23, and organized by the election of General Lane, president, Samuel F. Tappan, chief clerk, and George F. Warren, sergeant-at-arms: Lane afterward resigned, and M. F. Conway was elected. On the 24th the convention adjourned to Leavenworth, where it remained in session until April 3, and then adjourned, after having adopted a constitution and provided for its submission to the people on the 18th of May .* A free-state conventon at Topeka, in April, nominated candidates for state officers, to be voted for at the same time. About 3,000 votes were cast for this ticket and the constitution. The latter was presented to con- gress, but no action was taken upon it by either house.
This lack of interest in the fate of the Leavenworth constitu- țion was due to three causes. In the first place, the act author- izing the convention passed the legislature one day after the expiration of the legal limit. This brought the validity of the legislative acts into question. Congress was then considering the proposition to admit Kansas under the Lecompton constitution, and finally it was hampered by a land scheme in connection with Minneola. February 19, James S. Green, of Missouri, introduced a bill in the United States senate, to admit Kansas with that con- stitution as the organic law of the state. The bill passed the senate in March by a vote of 33 to 25 and was sent to the house. There the bill known as the Crittenden-Montgomery substitute was passed in its stead. The substitute measure provided that the constitution should again be submitted to the people. If it should be ratified by the electors of Kansas, then the state was to be admitted without delay; if the people rejected it, a new con- stitutional convention was to be ordered. For a time neither house would yield to the other, and it looked as though nothing would be accomplished. About the middle of April William H. English, a member of the house from Indiana, moved to agree to a conference committee, in accordance with a motion that had passed the senate the day before. On that committee, James S.
*This was known as the "Leavenworth Constitt
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Green, of Missouri, R. M. T. Hunter, of Virginia, and William H. Seward, of New York, represented the senate, and William H. English, Alexander H. Stephens, of Georgia, and William A. Iloward, of Michigan, represented the house.
On April 23, Mr. English, on behalf of the committee, reported a compromise bill, which soon became known far and wide as the "English Bill." This bill embodied the Crittenden amend- ment to resubmit the constitution. If it were adopted, the state was to receive a liberal donation of public lands for her institu- tions and for internal improvements ; but, if it were rejected, it would require several years to get the question again before con- gress. The bill passed both houses on the last day of April, and was signed by the president on the 4th of May. Thus it happened that, at the time the vote was taken on the Leavenworth consti- tution, another election which had the sanction of congress was pending, and this served to detract from the interest that might otherwise have been shown. On June 2, Governor Denver issued a proclamation, fixing August 2 as the day to vote on the Lecompton constitution, as provided in the English bill .. At that election the fate of the pro-slavery constitution was forever sealed. Out of an aggregate vote of 13,088, the majority against it was 9,512. The people of Kansas expressed themselves in favor of the continuation of the territorial goverment, with all its draw- backs, rather than admission to statehood under such a constitu- tion.
During this time all the interest was not centered upon the question of securing a constitutional government for Kansas. In the southeastern part of the state, during the years 1857 and 1858, there was almost a repetition of the scenes of the Border War. The troubles began in 1856, when a number of free-state settlers were driven from their homes. They came back the next spring and undertook to regain possession, but warrants for their arrest were issued by the court at Fort Scott. Among those who were thus persecuted was one James Montgomery, a minister of the gospel, whose house was burned during his absence from home. From that time he served the church militant in a most literal sense. He organized the "Self-Protective Company" and carried the war into the enemy's country. Leading pro-slavery men were notified to leave the territory, and most of them heeded the warning. For the time being Montgomery was master of the situ: hon. When the free-state men were threatened with arrest, he retaliated by organizing a "Squatter Court," before which pro- slavery men were summoned and compelled to make restitution of
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KANSAS'S STRUGGLE FOR ADMISSION.
the claims, live stock, etc., taken from free-state settlers. About the middle of December, 1857, deputy marshal, John J. Little, with a posse of forty men started out from Fort Scott to arrest this court. The court, however, fortified itself in a log house and offered resistance. Several shots were exchanged; one of Lit- tle's men was killed and two were wounded. Little then retired without making any arrests.
On January 4, 1858, when the vote was being taken for state officers under the Lecompton constitution, Montgomery destroyed a ballot box at Sugar Mound in Linn county. Shortly after this Governor Denver ordered two companies of mounted dragoons to Fort Scott with instructions to report to Judge Williams or Deputy Marshal Little. The presence of the troops encouraged the pro-slavery men to renew their old policy toward their op- ponents. On the night of March 27, two free-state men, named Denton and Hedrick, were killed during a pro-slavery raid on the Little Osage. Another attempt to arrest Montgomery, who was then in the vicinity of Fort Scott, was made soon after this. Captain Anderson took thirty dragoons and went out to capture the free-state terror. Montgomery took up his position in a deep ravine on Yellow Paint Creek, where he could be approached only from one direction. As the regulars approached, they were three times ordered to halt, and were then fired upon. Captain Ander- son was wounded, and his horse was shot under him. One soldier was killed and another was so badly wounded that he soon afterward died. Seeing that Montgomery occupied an impregn- able position, the troops fired one volley and retired .*
On May 19, 1858, a party of twenty-five men from West Point, Mo., under Capt. Charles Hamilton, crossed the border and arrested eleven free-state men in the neighborhood of the Chou- teau trading post in Linn county. The prisoners were taken to a lonely spot on the Marais des Cygnes river, about three miles from the trading post, ordered to stand up in line, and were then fired upon by the guerrillas. Five fell dead, and the others were wounded, but by feigning death they escaped. After robbing the bodies of the dead and wounded, the ruffians left them where they had fallen and returned to Missouri. This affair is known as the Marais des Cygnes massacre. The place where it occurred is now marked by a monument, and the event lives in song through Whittier's poem "Le Marais du Cygne." Hamilton and his men
*This Is call to be The only Time during all the Troubles in Kansas find free- Hlale men ever enme Into direct confliel with United States Troops.
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were followed by a party under Captain Montgomery and Robert B. Mitchell, but were not overtaken.
Early in June Montgomery decided to attack Fort Scott, which was a strong pro-slavery town. On the night of the 6th he made a raid upon the place and attempted to burn the fort and hotel, but the citizens turned out and extinguished the flames before serious damage was done. Montgomery's men fired a few rounds upon the town and then retreated to the Big Bend of the Marma- ton, five miles away, where they would be in a position to with- stand an attack, but none was made. When news of this act reached Governor Denver, he determined to go in person to the scene of the trouble and try to restore order. On June 9, in com- pany with Dr. Charles Robinson, Judge John Wright, and others, he left Lawrence for Fort Scott. At Moneka, Linn county, they were joined by Montgomery. The governor made speeches at various points, in which he suggested the following terms of peace: He agreed to withdraw the United States troops from Fort Scott ; permit an election of new county officers in Bourbon county ; station troops along the Missouri border to protect Kan- « sas settlers from invasion ; and suspend all old writs until properly authenticated by courts of competent jurisdiction. But, on the other hand, he demanded the immediate disbanding of Montgom- ery's men and all other armed organizations, no matter on which side they were arrayed. The terms were finally accepted. All companies of bushwackers were dissolved; the troops left Fort Scott; and Captain Weaver, with his company, was stationed at the trading post to protect the border.
On the 5th of September, 1858, Governor Denver sent in his resignation, to take effect October 10, at which time Ilugh S. Walsh, who had been appointed secretary the preceding May, became acting governor. On November 9, the governor issued his farewell address to the people of Kansas. Ten days later Samuel Medary, of Ohio, was appointed to succeed him. Gov- ernor Medary took the oath of office in Washington, December 1, and on the 17th arrived at Lecompton .*
Following the resignation of Governor Denver, the troubles reappeared in Linn and Bourbon counties, the free-state men this time being the aggressors. In November a man named Rice was arrested on a charge of murder and lodged in the Fort Scott jail. On; December 16, Montgomery, with sixty-eight men, went to Fort Sett and released the prisoner. While trying to prevent Montgomery from carrying ont his designs, J. 11. Little was
*For biographical sketch of Samuel Medary, see the History of Minnesota.
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KANSAS'S STRUGGLE FOR ADMISSION.
killed. Three days later John Brown and his men crossed over into Missouri, liberated fourteen slaves, and started north with them through Kansas. Governor Stewart, of Missouri, offered a reward of three thousand dollars for Brown's arrest. To this President Buchanan added two hundred and fifty dollars more. A party from Atchison tried to capture him as he was passing through Jackson county. Near the town of Holton a fight ensued, since known as "the battle of the Spurs,"in which the Atchison men were forced to retreat.
The fourth territorial legislature assembled at Lecompton January 3, 1859, and organized by electing Carmi W. Babcock president of the council; A. S. Devenney secretary ; A. Lar- zelere speaker of the house, and Byron P. Ayres chief clerk. An adjournment to Lawrence, where the session was finished, was taken the next day. The "bogus laws" of 1855 were repealed, and at midnight February 11, when the session finally adjourned, a bonfire was made, and several copies of the obnoxious statutes were burned. Wyandotte county was created, January 29, from parts of Johnson and Leavenworth, and provisions for its organi- zation were made. The counties of Montana, El Paso, Oro, Broderick, and Fremont were established, and commissioners with power to call an election to complete the organization were appointed for each. . Wise, Butler and Chase counties were organ- ized, February 11. But the most important measure passed dur- ing the session was that providing for a constitutional convention at Wyandotte. In accordance with the provisions of this act, Governor Medary issued a proclamation, March 7, ordering an election on the 28th, for the people to decide whether they wanted such a convention held. A total of 6,731 votes of which 5,306 were in favor of the convention was polled on this occasion. The governor then ordered an election of delegates on the 7th of June.
Before this election was held, an event that virtually dropped the terms "free-state" and "pro-slavery" from the political annals of Kansas occurred. That event was the organization of the Republican party, by a convention at Osawatomie, on the 18th of May .* Horace Greeley was present at this convention and made a speech. Greeley did not address the convention but spoke in a hall in town to the general public because some of the leaders felt it would be unwise to have his decided views set forth at a time when it was difficult to secure harmonious action of all parties.
*Colonel 0. 1. Learnood, now n resident of Lawrence, presided over the con- vention.
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After the organization of the new party, free-state men generally affiliated with it, while the opposition arranged themselves under the banner of Democracy. The candidates for delegates to the Wyandotte convention were nominated as Republicans or Demo- crats. At the election 14,000 votes were cast. Of the 52 dele- gates, 35 were Republicans and 17 Democrats. Following is a list of the delegates chosen: Leavenworth county -- William Perry, Samuel A. Stinson, John P. Slough, Frederic Brown, William C. McDowell, Samuel Hipple, Robert C. Foster, Adam D. McCune, John Wright, Pascal S. Parks. Atchison-Robert Graham, Caleb May. Jolm J. Ingalls. Doniphan-Robert J. Porter, John W. Forman, John Stiarwalt, Benjamin Wrigley, E. M. Hubbard. Brown-Samuel A. Kingman. Nemaha- Thomas S. Wright. Marshall and Washington-J. A. Middle- ton. Jefferson-C. B. McClelland. Jackson-Ephraim Moore. Riley-S. D. Houston. Pottawatomie-Luther R. Palmer. Johnson-J. T. Barton, John T. Burris. Douglas-James Blood, Solon O. Thacher, R. L. Williams, William Hutchison, N. C. Blood. P. H. Townsend, Edwin Stokes. Shawnee-John P. Greer, John Ritchie, H. D. Preston. Wabaunsee, Davis, Dickin- son and Clay-Edmund G. Ross. Lykins-Benjamin F. Simp- son, W. P. Dutton. Franklin-James Hanway. Osage, Morris, Breckinridge and Chase-James M. Winchell, William McCul- loch. Linn-James M. Arthur, Josiah Lamb. Anderson-James G. Blunt. Coffey and Woodson-Samuel E. Hoffman, Allen Crocker. Madison, Butler, Hunter, Greenwood, Godfrey and Wilson-George 11. Lillie. Bourbon, McGee and Dorn-J. C. Burnett, William R. Griffith. Allen-James HI. Signor.
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