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 26
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The convention met on the 5th of July, and remained in session until the 20th. A temporary organization with S. A. Kingman, of Brown county, in the chair, and John A. Martin as secretary was effected. Mr. Martin was also permanent secretary of the convention and James M. Winchell, of Osage county, was per- manent president. The Ohio constitution upon which it was designed to construct this fourth constitution of Kansas, and the one under which the state was subsequently admitted, was taken as a basis. When it was complete, it was signed by thirty-four of the Republican delegates. Among them were Jolin J. Ingalls and Edmund G. Ross, both of whom afterward served the state in the United States senate.
By this constitution it was ordained that Kansas should relin- quish the right to tax the lands of the United States lying within the borders of state, provided congress should agree to the fol-
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lowing conditions : That sections sixteen and thirty-six in each township should be granted to the state as an endowment for the support of the common schools; that seventy-two sections should be set apart for the establishment and maintenance of a state university ; that thirty-six sections should be donated for the erec .. tion of public buildings; that seventy-two sections should be granted for the erection and support of charitable and benevolent institutions ; that all salt springs (not exceeding twelve), with six sections of land adjoining each should be granted to the state for public improvement purposes ; that five per cent. of the proceeds resulting from the sale of public lands in Kansas, after the ad- mission as a state, should be paid as a common school fund; and that five hundred thousand acres of land should be given to the state under the act of September 4, 1841, as an additional endow- ment for the public schools.
Clause six of the bill of rights provided that "There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted." The rights of religious liberty, of trial by jury, to bear arms for defense, to assemble peaceably, to petition the gov- ernment for a redress of grievances, to free speech and a free press, were guaranteed by the constitution, and imprisonment for debt was prohibited.
The usual departments of government-the executive, legisla- tive and judicial-were established. . The executive power was vested in the governor, lieutenant-governor, secretary, auditor, treasurer, attorney general, and superintendent of public instruc- tion. The legislative department was made to consist of a senate of twenty-five members and a house of representatives of seventy- five members; but this legislature was given power to regulate by law the number of members in each branch after the first elec- tion, provided that the number of senators should never exceed thirty-three, nor the number of representatives, one hundred. Representatives were to be elected for one, and senators for two, years. The judicial power was vested in a supreme court of three members, elected for six years, the district courts, five in number, a probate court in each county, and such inferior courts as might be established by law. All white male citizens of the United States, or persons of foreign birth intending to become citizens, who had resided in Kansas six months, and in the ward or town- ship thirty days, were declared to be legal voters.
Section nine, article fifteen, provided that, "A homestead, to the IV-18
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extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all im- provements on the same, shall be exempt from forced sale under the process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon : Provided, The pro- visions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife."
A warm debate over the incorporation of this section in the organic law ensued, and it was finally decided to submit it to a vote of the people, as a separate proposition, leaving to them the question whether it should become a part of the constitution. A proclamation calling an election for October 4, at which the con- stitution should be ratified or rejected, and at which the question whether the homestead exemption clause should become a consti- tutional provision should be decided, was issued on the 12th of September by President Winchell and Secretary Martin. The constitution was ratified by a vote of 10,421 to 5,530. On the homestead question there were 8,788 votes in favor of the section and 4.772 against it. It was therefore made a part of the con- stitution.
While the constitutional convention was in session, a treaty was made with the Swan Creek and Black River bands of Chip- pewas, by which the Munsees, or Christian Indians, were united with them, and their reservation, established by the treaty of May 9, 1836, except about eight thousand acres, was ceded to the United States to be sold for the benefit of the Confederate bands. This cession and the reservation are in Franklin county.
October 1, a treaty with the Sacs and Foxes, was concluded at their Kansas agency. At that time these Indians ceded to the United States the greater portion of their reservation in Osage county, to be sold for the benefit of the tribe. A reservation of one hundred fifty-three thousand six hundred acres, known as the "Diminished Reserve", was retained by them for residence pur- poses. The town of Lyndon is on this reservation.
By another treaty made with the Kansas Indians at their agency four day. liter, a reservation, nine miles in extent from north to south aura fourteen from east to west, was set apart for them, and the remainder of their lands lying south of Council Grove,
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assigned them by the treaty of January 14, 1846, was ceded to the United States.+
A Republican convention at Lawrence, on August 3, 1859, nominated M. J. Parrott for delegate to congress. On the 17th of the same month the Democrats met at Topeka and nominated Saunders W. Johnston. The election was held on the 8th of November. Parrott received 9,708 votes and Johnston 7,232. At the same time members of the territorial legislature were elected. In both branches the Republicans elected a majority ; the council standing 9 to 4 and the house 23 to 16 in their favor.
This legislature-the last territorial assembly ever elected-inet in regular session at Lecompton on the 2nd of January, 1860. The next day it adjourned to Lawrence, where it remained in ses- sion until the 18th, when it adjourned sine die. But little legisla- tion was enacted at the regular session ; and on the day of adjourn- ment Governor Medary issued a proclamation calling a special session to meet at Lecompton on the following day. When the legislature met on the 19th, both houses re-elected the officers of the regular session and passed a bill to adjourn to Lawrence. The governor vetoed the bill, but it was promptly passed over his objections, and on the 21st the legislature again assembled in Lawrence.
During the session aets organizing the counties of Clay, Dickin- son, Greenwood, Marion, Otoe, Irving, Osage, Peketon, Republic, Shirley, Ottawa, Salim and Washington were passed. The name of McGee county was changed to that of Cherokee, and the county was organized. February 20 a bill prohibiting slavery in the territory was passed. As quite a number of people in Kansas held slaves, the act created considerable excitement. The bill was vetoed by Governor Medary, who sent a long message to the assembly, in which he insisted that the members of the legislature comprehended neither the letter nor the spirit of the organic act. The bill was then passed over the veto, but, later in the year, was decided unconstitutional by Judge Pettit of the territorial supreme court.
A copy of the Wyandotte constitution, and a petition for admis- sion according to its provisions, had been sent to Washington. On the 14th of February, 1860, the president of the United States senate presented the document to that body for consideration. March 20. Mlr. Grow, of the committee on territories, recom-
"The rearvation established by this treaty was acquired by the government by acts of congress from 1872 to 1880, and a new reserve was set apart for the tribe In the Indian Territory.
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mended the passage of a bill admitting Kansas under the Wyan- dotte constitution. This bill passed the house on the 11th of April, by a vote of 134 to 73. In June the matter was brought before the senate, and, after some debate, the bill was indefinitely postponed.
The question of admission came before the next congress under peculiar circumstances. On January 21, 1861, several of the Southern senators, among them, being Jefferson Davis, of Mis- sissippi, withdrew from the United States senate. Their with- drawal meant that the opposition to the admission of Kansas had been materially weakened. Hardly were they out of the senate chamber, than William H. Seward, of New York, called up the Kansas admission bill, and it was passed by a vote of 36 to 16. A week later it passed the house-117 to 42-and on the 29th was signed by President Buchanan. The long fight for state- hood was ended. After four constitutional conventions had been held, Kansas had at last become a state in the American Union.
In anticipation of favorable action by the congress of 1859-60, both parties nominated candidates for state offices as provided for by the Wyandotte constitution. The Republicans met in convention at Lawrence on October 12, 1859. Dr. Charles Robinson was nominated for governor ; Joseph P. Root, for lieu- tenant governor; John W. Robinson, for secretary of state; George S. Hillyer, for auditor; William Tholen, for treasurer ; Benjamin F. Simpson, for attorney general ; William R. Griffith, for superintendent of public instruction ; Thomas Ewing, Jr., Samuel A. Kingman and Lawrence D. Bailey for judges of the supreme court ; and M. F. Conway, for congress.
On October 25, the Democrats held their convention at the same place, and nominated the following ticket: Governor, Samuel Medary ; lieutenant governor, John P. Slough; secretary, A. P. Walker ; auditor, Joel K. Goodin; treasurer, R. L. Pease; attor- ney general, Orlin Thurston; superintendent of public instruc- tion, J. S. McGill; judges of the supreme court, Joseph Will- iams, R. B. Mitchell and Samuel A. Stinson ; for congress, John A. Halderman. The entire Republican ticket was successful at the election of the 6th of December. For governor, Robinson received 7,908 votes and Medary 5,395. The vote for the other offices was approximately the same. In December, 1860, Gov- ernor Medary resigned, and, from that time until the institution of the state government, Sed'y George M. Beebe was acting governo .. While he was serving in this capacity, the last ses- sion of the territorial legislature was held. It met on the 7th
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KANSAS'S STRUGGLE FOR ADMISSION.
of January, 1861, at Lecompton, and the next day adjourned to Lawrence. But little legislation was enacted during the session.
When President Buchanan signed the bill admitting Kansas into the Union, Marens J. Parrott, the delegate in congress, tele- graphed the news to the Leavenworth Conservative. The paper soon had an "extra" printed, and copies of the paper found their way to other towns. D. R. Anthony carried the news to Law- rence, where a party spent the night in firing salutes to the new state. Similar scenes were enacted at Leavenworth, Atchison, Topeka, and other towns. On the 9th of February, 1861, the state officers elected in December, 1859, were installed, and the territorial government gave way to that of the state.
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CHAPTER IV
The State from 1861 to 1869
C HARLES ROBINSON, the first governor of the state of Kansas, was born at Hardwick, Mass., July 18, 1818. At the age of eighteen he entered Amherst college, but did not graduate, owing to an affection of his eyes. Upon leaving school, he walked forty miles to Keene, N. H., to consult a physician. His contract with this doctor determined him to study medicine. He began his studies at Woodstock, Vt., but graduated at Pittsfield, Mass., in 1843. During the next six years, he practiced his profession at various places in his native state. In 1849 he joined a California colony as a physician, and made the trip overland to the Pacific coast. As they passed through Kansas he saw Mount Oread, where the state univer- sity of Kansas is now located, little thinking that he was destined to pre-empt that very spot six years later and become one of the founders of the city of Lawrence. In California he was doc- tor, miner, restaurant keeper and editor. In 1852 he went back to Massachusetts and became the editor of the Fitchburg News, and was thus associated until sent to Kansas as the agent of the New England Emigrant Aid Society. He left New Eng- land in June with Charles Branscomb, and arrived at Lawrence early in July, 1854, and from that time until his death his life was closely interwoven with the affairs of Kansas. He was a delegate to the Topeka constitutional convention of 1855, and was elected governor by the free-state voters under that consti- tation. During all the troubles growing out of the slavery agi- tation, he was recognized as a free-state leader, and, when the state wa, finally admitted, it was fitting that he should be hon- ored by being elected its first governor. His biographer, Prof. F. W. Blackmar, has this to say of his character :
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"In a general estimate of tthe life of Governor Robinson, there must be recorded the evidence of a strong individual character, a bold, hardy spirit, able to give and take blows for what he deemed the right. In consequence of this strong individuality he was misunderstood by both his friends and his enemies. This quality made it difficult for hin to follow with zeal any party or creed. It was sufficient for him to ask his own consciousness what was right in any matter and to act accordingly. Parties might change or hold to old doctrines; Robinson followed the iron course of conviction. If he hurt the party or made ene- mies, it was small matter to him. What was right, what was jus- tice in the case, were his criterions for action. Possibly he could have made life easier for himself, possibly there were times when he could have accomplished more by being more flexible and more politic, but he would not have been true to his convictions, and they were law to him."
Governor Robinson died at Lawrence Angust 17, 1894. His estate was left to his widow during her life, and upon her death will go to the state university of Kansas.
One of Governor Robinson's first official acts was to summon the legislature together. On the day that he was inaugurated, Feb- rmary 9, he issued a proclamation calling a special session to begin on the 26th of March. At the same time he appointed M. F. Conway, Thomas Ewing, Jr., Henry J. Adams and James C. Stone to represent the state of Kansas in the "Peace Confer- ence" at Washington, which was already in session, having begun five days before.
February 22, 1801, the American flag appeared for the first time with the star of Kansas added to the constellation. It was raised over Independence Hall, in the city of Philadelphia, by Abraham Lincoln, president-elect of the United States. In giv- ing the flag to the breeze, Mr. Lincoln said: "I am invited and called before you to participate in raising above Independence Hall the flag of our country with an additional star upon it. I wish to call your attention to the fact that, under the blessing of God, each additional star added to that flag has given additional prosperity and happiness to our country."
Kansas was ushered into the Union under circumstances that the pessimist would have regarded as inauspicious. The drought of 1860 had withered everything before it. From June, 1859, to November, 1860, not enough rain fell to benefit the vegetation. The meager crops that escaped the blistering effects of the dronght were devastated by swarms of grasshoppers. During the six-
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teen months of dry weather, it is estimated that thirty thousand people left the states west of the Missouri. All along the route eastward they told the story of their sufferings and destitution. Sometimes this story was embellished in a way to create the impression that Kansas was little better than a desert. In the long struggle for admission men had neglected their usual avo- cations, or toiled in the face of crushing discouragements, until few were forehanded enough to help their neighbors. The situ- ation was serious. All through the Northern and Eastern states Kansas aid societies were organized. Provisions, clothing, money and seed-wheat came pouring in. Nearly ten million pounds of provisions and eighty-five thousand dollars in money were contributed for Kansas sufferers. Added to this, the country was on the verge of Civil war. When the first state legislature met at Topeka, on the 26th of March, seven states had already seceded from the Union, and the public mind was wrought up over the prospect. .
But the legislature met, pursuant to the governor's proclama- tion, and organized with Lient. Gov. Joseph P. Root, presiding officer of the senate; John J. Ingalls, secretary; W. W. Upde- graff, of Lykins county, speaker of the house, and D. B. Em- mert, chief clerk. The members of this first state legislature of Kansas were as follows: In the senate: E. P. Bancroft, J. F. Brodhead, J. C. Burnett, J. Connell, HI. B. Denman, H. R. Dut- ton, P. P. Elder, 11. W. Farnsworth, O. B. Gunn, S. E. Hoff- man, S. D. Houston, J. M. Hubbard, S. Lappin, J. Lockhart, E. Lynde, J. A. Martin, J. IL. McDowell, Josiah Miller, R. Mor- row, T. A. Osborn, J. A. Phillips, HI. N. Seaver, II. S. Sleeper, WV. Spriggs, S. N. Wood.
In the house of representatives : W. W. Updegraff, W. F. M. Arny, J. B. Abbott, P. M. Alexander, A. Allen, D. C. Auld, D. E. Ballard, O. Barber, J. C. Bartlett, J. J. Beutz, W. D. Blackford, F. N. Blake, N. B. Blanton, W. E. Bowker, E. J. Brown, H. Buckmaster, T. Butcher, J. M. Calvert, S. R. Caniff, A. J. Chip- man, R. W. Cloud, G. A. Colton, J. E. Sorliss, J. D. Crafton, S. J. Crawford, H. W. Curtis, G. A. Cutler, W. R. Davis, A. Ellis, I. E. Eaton, A. Elliott, F. W. Emery, W. P. Cambell, A. Gray, A. K. Hawkes, J. E. Ilayes, HI. II. Heberling, T. P'. Herrick, E. Hoheneck, N. Humber, J. H. Jones, W. C. Kimber, C. B. Keith, H. Knowles, J. Kunkel, W. W. H. Lawrence, J. F. Legate, E. P. Lewis, E. J. Lines, A. Lowe, J. MeGrew, S. B. Mahurin, J. A. Marcell, J. E. Moore, P. G. D. Morton, A. U. Mussey, J. T. Neal, T. Pierce, J. S. Rackliff, A. Ray, G. II. Rees, W. R.
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Saunders, J. W. Scott, O. H. Sheldon, J. H. Smith, L. T. Smith, W. 11. Smyth, C. Starns, A. Stark, J. W. Stewart, E. D. Thomp- son, B. Wheat, R. P. C. Wilson, L. Woodward.
As no capitol "with echoing halls and vaulted dome" had yet been erected, the house met in a building known as the Ritchie block, (since destroyed by fire), and the senate, in the Gale block. A leaky roof forced the house to change to the Congregational church. One of the first acts passed authorized an issue of bonds to the amount of one hundred fifty thousand dollars to meet current expenses. There were passed acts adopting a great seal of state; changing the name of Lykins county to Miami; Dorn to Neosho, and Godfrey to Seward; authorizing the election of a district attorney in each judicial district ; and ordering an elec- tion on Tuesday after the first Monday in November, 1861, to decide by popular vote, the location of a permanent capital. By the provisions of the act, if none of the towns voted for should receive a majority of all the votes cast, the question would be voted on again at the next regular election, and so on, until some location received a majority.
On April 4, the first United States senators from Kansas were chosen. The vote was as follows: James 11. Lane, 55; Samuel C. Pomeroy, 52; Marcus J. Parrott, 49; F. P. Stanton, 21; A. J. Isaaks, 11 ; S. A. Kingman, 3; M. W. Delahay, 2; S. D. Houston and M. F. Conway, I each. Lane and Pomeroy were declared elected. Both had taken an active part, as free-state men, in the disturbances during the territorial regime. Pomeroy went to Lawrence in 1854 in the same company with Doctor Robinson. At the sack of Lawrence in May, 1856, he refused to deliver up the arms in the city to Sheriff Jones. He took a prominent part in securing relief for the state that year and also after the drought of 1860.
James H. Lane was a native of Indiana. He served in the Third Indiana infantry in the Mexican war, enlisting as a private and coming out as colonel of the regiment. After the war he was elected lieutenant-governor of Indiana, and later was sent to congress, being a member of the house in 1854, and voting for the Kansas-Nebraska bill. Soon after going to Kansas he be- came identified with the free-state men and was known as "a crusader of freedom." He was a staunch adherent of the "Topeka Government" and president of the Topeka constitutional convention. In the Civil war he commanded a brigade that he himself bad raised, and was for a time on General Curtis's staff.
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His death occurred July 11, 1866, as the result of a pistol shot, self-inflicted, ten days before.
country that Fort Sumter had been fired upon. This was imme-
While the legislature was in session, the news spread over the diately followed by a call for seventy-five thousand men to uphold the Union and enforce the laws. Two days after this call was issued by President Lincoln, Capt. Samuel Walker, of Lawrence, reported to Governor Robinson that he had a company of one hundred men ready. On April 22, the legislature passed an act providing for the organization of the militia. One hundred and eighty companies were organized under the act. Seven companies were formed in Douglas county within a week after its passage. A military spirit pervaded the very atmosphere. The members and attaches of the legislature organized a company, which was drilled every day during the recess, by one of the members who had attended a military school. After the adjournment on the 4th of June, quite a number of this company found their way into active service with the volunteer regiments of Kansas.
An incident that materially aided the work of recruiting vol- unteers occurred on the 18th of April. On that date a steamboat, the "New Sam Gaty," drew up to the landing at Leavenworth with the Confederate colors flying from the flag-staff. The ex- citement was intense. Men left their places of business and rushed to the levee. The crowd grew more threatening; the captain of the boat was peremptorily ordered to haul down the objectionable ensign and hoist the stars and stripes in its place. He obeyed the order without argument. The feeling engendered by the occurrence led to the innmediate organization of a regiment.
This regiment, the First Kansas infantry, was not mustered into the service of the United States, however, until the 4th of June. At the time of the muster in George W. Deitzler was colonel of the regiment ; Oscar E. Learned, lieutenant-colonel and John A. Halderman, major. The regiment received its baptism of fire at Dug Springs, Mo., Angust 3, and a week later was in the thick of the fight at Wilson's creek. From that time until it was mustered out, June 17, 1864, the First Kansas participated in a number of closely contested engagements.
About ten miles above Leavenworth, on the Missouri side of the river, is the little village of Iatan. The day before the First Kansas was mustered in, word was received in the camp that a Conf jeste flag had been hoisted there. Sergeant Frank HI. Dremang took cleven men from the Elwood Guards and the
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Steuben Guards, a German company of Leavenworth,* and started out to capture that flag. They succeeded, on June 3, but they had to fight for it. Sergeant Drenning and Emil Umfried each received two bullets, and a man named Voet was shot in the leg. This was the first Kansas blood shed in the Civil war. The cap- tured flag was brought back in triumph to Leavenworth, where it aroused the greatest excitement. Some prominent men took the view that the act was an invasion of Missouri and therefore un- justifiable. The Leavenworth Conservative sustained Drenning and his men, and insisted that the act was justified by rules and exigencies of war. A public meeting at Lawrence passed resolu- tions endorsing the act and commending the Conservative for npholding it.
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