USA > Missouri > Jackson County > History of Jackson County, Missouri > Part 16
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"We brought one load, and dinner not being ready, we ate a few late peaches, and started back after another. We had passed Mr. Poteet's house, on the state line, and half the length of his big corn field on the east, the open prairie of Kansas being on the west. Mr. Rippetoe, look- ing ahead, said, 'Look yonder.' Looking, I saw a company of armed men horse-back, coming over the prairie ridge in front. 'Yes, that is those Jayhawkers or Federals-see the flag.' Mr. Rippetoe said, 'What had we best do-hide in the corn, or take a mule each and run?' 'Neither,' said I; 'if we hide in the corn they will find us, there are so many of them, just see them still coming over the ridge, and if we run, there are plenty fast horses among them, and they will catch us on any of these mules ; and besides, if we attempt to run or hide, they will kill us sure, for they will think we have done something wrong. My word for it, we had bet- ter drive right ahead, put on the best face we can, meet them, and risk our chances.' He said, 'If you think best, we will do it.' All this time
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we had been moving onward. The advance came up; we turned to the west, intending to give them the full benefit of the road, as there was plenty of room. 'Halt!' 'Halt!' We obeyed. 'Get down off that mule, and have you any arms?' Having our coats off, they did not search us. In the meantime, the Stars and Stripes went streaming past, with the bright colors glittering in the sunbeams. Glorious, indeed, was the old flag, in the hands of true men, but on that occasion it was calculated to inspire in our heart anything but respect. While we were thus held captive at the road side, a few words were exchanged by those who held us captive and the soldiers, as they rode by, such as 'I will attend to that business,' and another 'I will see you again about something else,' which showed that they were intimately acquainted with each other; and now they turn their attention to us. 'Where are you going, and where are you from?' 'We live back here a few miles, and are going after some Santa Fe wagons for Mr. Chiles. The freighting company has dissolved and Mr. Chiles is having his part of the wagons brought home.' 'Get on your mules and drive up,' was the positive command, and we readily but not cheerfully obeyed. 'What is your politics ?' comes the horrid ques- tion, and I heard Mr. Rippetoe reply that he was a Union man, and always had been. 'Why are you not in the army, fighting for your country ?' was the next question, in an angry mood. My turn came next: 'What is your politics?' 'I am a Southern man; I was born and raised in the South.' We were now traveling rapidly west, guarded closely by four men, who made it their business by turns to question us. Here comes a rather low, compact built man, with his rifle in a direct line of my body. He has his broad-brimmed hat set a little to one side. He seems to be proud of his situation-really, he has a mean look. He don't have very much to say. and I am glad of it. A small man now rides up, with his revolver in his hand, and sword at his side. He asks, 'Do you know any Sesesh ?' I replied, 'Yes, sir.' 'Where do they live?' 'They have gone south, to the Southern army.' Now he gives place to a tall man, with a heavy double-barreled shot-gun, who is my especial escort for a while. I had rather he would turn his gun in any other direction.
I-"Where are you taking us ?"
Tall Man-"Into Kansas City."
I-"We are going in the wrong direction for Kansas City."
Tall Man-"We will turn and go into the city. If we went down the line we might run into a company of Sesesh." "Why are you not in the army fighting for your country?" he asks in a pompous manner and con-
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tinues, "the southern men are trying to destroy the Union." "I don't look at it in that way," was my reply.
Tall Man-"They have taken Fort Sumter and are now in rebellion against the Union."
I-"This is not altogether a one-sided business." "What do you mean, sir," said the tall man. "I mean that the southern men could not get their constitutional rights in the Union; when their negroes were stolen they could not get them back."
Tall Man-"Who stole their negroes ?"
I-"Why a great many men from the north have made it their busi- ness for years to persuade and steal the negroes which belong to the southern men under the constitution, and you know it as well as I do."
Tall Man-"Why didn't they get them back by law, the northern man helped to enact the fugitive slave law."
I-"They did try but could not have the law enforced."
Tall Man-"I don't believe that the war is about the negroes. The southern men have violated the constitution and want to break up the Union."
I-"The northern men have violated the constitution too. Old John Brown took Harper's Ferry and fought the soldiers and now they have violated the constitution from the president down."
Tall Mon-angrily-"When did President Lincoln violate the consti- tution ?"
I-"Why was it necessary for congress to pass bills legalizing the acts of the president if he had not violated the constitution? He did violate it."
Tall Man-"How did you get this information ?"
I-"It was published in the papers."
Tall Man-"There are a great many things in the papers that are not true. I don't believe it."
Į-"I admit that many things are published in the papers that are not true, but I believe this and the war is carried on contrary to the constitution today. Here we are taken up on the public highway and marched as prisoners, although we did no wrong."
Tall Man-"This rebellion must be put down." As the subject was an unpleasant one I tried to talk about something else. The small man with sword and revolver who was the leader is again at my side and we are now going southwest. I said, "Captain, where are you taking us." He replied, "to Mound City, sir." Now I had heard that Mound City was
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the headquarters of the jayhawkers. If he had said that he was going to deliver us into the hands of the whole United States army and navy combined, it would have been good news compared with going to Mound City, for I verily believed that if they took us into Mound City we would never get out alive. So I said, "Captain, it is getting late and we have had no dinner, don't you intend to give us supper?" I was not hungry, but did not wish to let him know that there was any dread in my mind.
Captain-"I don't know, it is war times now, and you will have to do as I do; sometimes I eat once a day and sometimes oftener, just as I can get it."
Į-"I am in the habit of eating three times a day and would like to have supper if you can get it, if you don't I will do the best I can without it." I kept on secretly praying, yes, praying; I could raise my heart to God in prayer for the Lord is nigh to all that call upon Him in truth, and he could hear me now, although I was very closely guarded. I thought of many instances where God had delivered his people in Bible times and of many cases recorded in history. I was trying to plan our escape; I felt as if I could act my part in a desperate manner if the Lord should give me the opportunity, provided it did not endanger the life of my friend Mr. Rippetoe, could I get hold of the revolver, rifle or double- barreled shot-gun, and a few seconds time to use it. You may well think that these were very wicked thoughts for a Christian to harbor, but re- member that I am but human; and if the Lord had not been watching over me I might have been turned into a desperado. They did not give us the least opportunity to escape. About dark they stopped at a house and the Captain gave us each a piece of pie. Here one man, whom I have not described, took leave to go to Olathe. We then turned due south. I was quite willing to let my mules slack their speed, but when I was commanded "to hurry up" those mules, I knew I had to do it. The moon arose about dark and shone brightly. I still talked to my escort as calmly as if nothing unusual was happening, and on we went until about one or two o'clock in the night. We had just crossed Coffee Creek in the Black Bob district of Kansas, when we were stopped in the midst of an old Indian camping ground, with brush around the edges. The moon was shining in splendor. As the night air was cool I slid down from the saddle and our guard stood consulting near Mr. Rippetoe, for they seemed to guard him closely, and they may well have afforded to do it. At this time I was near my team looking down, kicking my feet in the dust and thinking so deeply that when the Captain said "step here," I
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paid no attention to it. Mr. Rippetoe then said "the Captain wants you to step here." Immediately remembering what the Captain had said, I hastened to obey.
Everything looked very suspicious, so I determined not to become excited, if I could help it. As I stepped forward, I said as calmly as I could: "Well, Captain, what is it now?" The Captain spoke slow, and as if excited: "You men have one of two things to do right here, and right now." I spoke again: "Well, Captain, what is that ?"
Captain-"Take the oath and return to your homes, or die right here."
I-"That looks hard, but what is your oath ?"
Captain-"That you will support the constitution of the United States, and not take up arms against the government."
I-"Captain, I have no objection to taking part of that oath, I am willing to swear that I will not take up arms against the government, as I told you before I do not want to fight; I could have been into it before now if I had chosen to do so, but to swear to support the constitution, I can't do that; I think you should let me off without taking that part of the oath."
Captain-"It is against my oath to do so. Will you, take the oath ?" I-"I will not!"
Captain-"Then, you shall suffer for it."
I-"The Lord is my helper, I will not fear what man shall do unto me."
The Captain now turned to Mr. Rippetoe, inquired if he would take the oath, and hastily swore him, and turned toward me, at the same time raising his revolver, which I plainly heard click. Click went the rifle in the hands of the man with his hat set on the side of his head, at the same time click, click, went the double barreled shot-gun, as the tall man raised it to his face. Already my heart seemed feeling for the messenger of death. I could feel my body bracing itself to receive the shock. My last earthly hope was gone and I had but one request to make. I said: "Cap- tain, give me a few minutes for prayer, please." Without waiting for an answer I knelt down, Mr. Rippetoe sank down, covering his face with both hands as he groaned out : "Oh Lordy !" All this had taken place in very quick time, yet I could watch as well as pray; there stood the three ready to send me to eternity, the Captain with his revolver presented, the man with his hat set on the left side of his head taking deliberate aim along his rifle, seemed very anxious to show his skill, and the tall man
SIX MILE BAPTIST CHURCH.
THRESHING SCENE IN JACKSON COUNTY.
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with his big double barreled shot-gun has squared himself, and I think his aim is true. In a few broken sentences I acknowledged my depend- ence upon the great God that had made and taken care of me, confessed my sins and short-comings, prayed the Lord to forgive all my sins, and be with me. Committed myself into his hand, offered up a short petition for those who were near and dear to me, and then said in my prayer: "Lord, have mercy on our nation and country; may this war and blood- shed be stopped ; and may the time soon come when war shall be no more; but all shall know Thee, from the least to the greatest; and these men, remember them, in thy great mercy ; may they see the wickedness of their ways, and turn, before they go down to eternal ruin; Father, forgive them, for they know not what they do." Here, I thought I had finished my course, but as they did not fire, I continued praying in a few broken sentences, when the man with the rifle said: "Captain, stop this foolish- ness." The tall man then spoke: "Captain, I think you should let this man go, he don't believe there is any Union." The Captain said: "I don't like to kill him." My friend who had by this time uncovered his face, spoke a few words in my favor. The Captain then stepped to where I was, still on my knees, he put out his hand, I arose and took his hand, and he spoke in a mild tone, as follows: "Do you, sir, pretend to say that you are a better man than Washington, and the men who made the constitution and gave their lives for it, and all the great and good men of our day who swear to support it, and are ready to die for it?" I said: "No, I don't say any such thing, Washington and the men who made the constitution have done a great and good work, and all I have to say about the great and good men of our time who are swearing to support the con- stitution is this, they think different from what I do, or they would act different from what they do."
Captain-"What do you think about the negroes?"
I-"I think that they are just in the place God intended them to be." Captain-"Well, I don't."
. I-"Well, I do."
Captain-"Well, I guess that I will have to let you off ; will you take that part of the oath ?"
I-"I have no objections to swear that I will not take up arms against the United States.
Captain-"In case a company of southern soldiers were to come along, would you swear to support the Confederate states ?"
I-"I could not do it if I had taken this oath."
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Captain-"Then hold up your hand and be sworn; do you solemnly swear that you will not take up arms against this Government?"
I-"Yes, I swear to that."
Mr. Rippetoe was soon at my side and the Captain said, "now you can return to the place from whence you came."
I said, "Captain, let me drive Mr. Well's team back with me."
Captain-"Can't; I dread it." -
I-"Well, the two old lame mules in front; they will do you no good in the service; let us each have one to ride home."
Captain-"It is against my oath to do any such thing."
I-"Well, Captain, there is that saddle; I borrowed it from old Rube, a real good old negro; you won't take that."
Captain-"You couldn't take it to him if you had it."
I-"I would just hide it here in the brush and tell old Rube, and he would come and get it-he knows all this country."
Captain-"Do you ever go to Kansas City ?"
I-"I have been there often."
Captain-"I can't spare it now; the next time you go to Kansas City you come to Camp Union, on the hill, and I will either leave the saddle there or pay for it; you can come and get it for him."
I-"All right, good bye"; and we shook hands with the Captain and started. We had not gone twenty yards when the Captain called to us to come back; we looked at each other, looked toward the brush, but was not long in turning back; the Captain had a little blank book in his hand and said that he had forgotten to take down our names; we gave our full names. He again told us that we could go, and we could hardly keep from running we felt so light and free. We crossed the branch and took the road for home. We had not gone far when Mr. Rippetoe squatted down and crept into the tall grass and wild sun-flowers; I followed as quickly as I could. With our heads close to the ground, we could hear a tramping sound, but it did not sound like horsemen. I whispered, "Perry, what did you see ?" "I don't know," was his reply. I finally ventured to part the grass and peep out. I saw that it was a herd of cattle going toward the creek. I said, "Perry, it is nothing but cattle going for water." He said, "I can stand it if you can." We went ahead then on quick time until within about four miles of New Santa Fe, when a thunder storm came up; we took refuge in a little vacant house near the roadside. As the rain came rattling down and the thunder jarred the windows, I lay - down among the pea vines on the floor and was soon asleep. My friend,
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Mr. Rippetoe, was more cautious; he had been west among the wild Indians and knew how to keep a sharp lookout. The shower soon passed over, my friend called to me; remembering where I was, I sprang to my feet. We arrived at New Santa Fe at daybreak. Seeing a light burning, we knocked at the door of Mr. A. R. White. Mrs. White came to the door ; she was excited and talked very fast. She said, "the Federals have been here and taken Mr. John Davis' goods; we have been up all night; the men are all hid; the soldiers have been all over the neighborhood; we heard guns firing all around and no telling who is killed; but they are all gone now, won't you come in?" We said, "no, thank you; they have had us and we must go home." I soon saw my friend Rippetoe buckle on his heavy revolver.
As he started south, he said: "they have forced that oath upon me, and I don't feel bound by it. They will never get me again alive."
After the war was over I saw a stranger turn into the yard ; he looked as if he was tired; he came toward the house; I recognized him as my old friend, Perry Rippetoe. As I took his hand I noticed that his revolver was gone, and he had on a palmetto hat that had been made and presented to him by the ladies in the extreme south. He said, "I heard that you were living here, and determined to stop and see you before going home." Since that time we both have been permitted to live peaceable and quiet lives at home.
CHAPTER XV
THE DRAKE CONSTITUTION
POLITICAL SITUATION AT CLOSE OF CIVIL WAR-DRAKE CONSTITUTION ADOPTED-THE "TEST OATH"-REGISTRATION NOTICE-ELECTION INCI- DENTS.
In the year 1865, the Civil Government of the state of Missouri, was under the full control and full power of the Republican party. There was hardly a township in the State of Missouri that was not controlled by them and members of that party in full control. After the close of the war a great many Confederate soldiers were returning to their homes, and after their defeat, they of course were in direct opposition politically to the Republican party. The Republicans, fearing the result of an election, if those men were allowed to vote, conceived an idea of adopting a new constitution for the state, and insert an amendment into the consti- tution, a section that would forever bar them from being voters.
That constitution was adopted on the 8th day of April, 1865. It was in a manner dictated by Charles D. Drake, of St. Louis, and was nick- named the "Drake Constitution." It was submitted to a vote of the people for ratification on the 6th day of June following and on the first day of July, the votes having been counted, Thomas C. Fletcher, governor of the State of Missouri, issued a proclamation declaring the constitution adopted and in force on and after the 4th day of July, 1865.
Among the provisions of that constitution, Article III: "At an elec- tion held by the people under this constitution, or in pursuance of any law of this state, or under any ordinance or by-law of any municipal corporation, no person shall be deemed a qualified voter who has ever been in armed hostility to the United States, or to the lawful authorities thereof, or to the government of this state, or has ever given aid, comfort,
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countenance, or support to persons engaged in any such hostility; or has ever, in any manner, adhered to the enemies, foreign or domestic, of the United States, either by contributing to them, or by unlawfully sending within their lines, money, goods, letters of information; or has ever disloyally held communication with such enemies, or has ever ad- vised or aided any person to enter the service of such enemies; or has ever by act or word, manifested his adherence to the cause of such enemies, or his desire for their triumph over the arms of the United States, or his sympathy with those engaged in exciting or carrying on rebellion against the United States; or has ever, excepting under over- powering compulsion, submitted to the authority or been in the service of the so-called "Confederate States of America"; or has ever left this state and gone within the lines of the armies of the so-called "Confederate States of America" with the purpose of adhering to said states or armies, or has ever been a member of, or connected with, any order, society, or organization inimical to the government of the United States, or to the government of this state; or has ever been engaged in guerrilla warfare against loyal inhabitants of the United States, or in the description of marauding commonly known as "bushwhacking"; or has even knowingly and willingly harbored, aided or countenanced any person so engaged; or has ever come into, or has left this state for the purpose of avoiding enrollment for, or draft into, the military service of the United States ; or has ever, with a view to avoid enrollment in the militia of this state, or to escape the performance of duty therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled by or before any officer as disloyal or as a Southern sympathizer, or in any other terms indicating his disaffection to the government of the United States in its contest with rebellion, or his sympathy with those engaged in such re- bellion, or having ever voted at any election by the people in this state, or in any other of the United States, or in any of their territories, or under the United States, shall thereafter have sought or received, under claim of alienage, the protection of any foreign government, through any consul or other officer thereof, in order to secure exemption from mili- tary duty in the militia of this state, or in the army of the United States ; nor shall any such person be capable of holding in this state any office of honor, trust or profit under its authority, or of being an officer, councilman, director, trustee or other manager of any corporation, pub- lic or private now existing or hereafter established by its authority, or of acting as a professor or teacher in any educational institution, or in
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any common or other school; or of holding any real estate or other prop- erty, in trust for the use of any church, religious society or congregation. But the foregoing provisions in relation to acts done against the United States, shall not apply to any person not a citizen thereof, who shall have committed such acts while in the service of some foreign country at war with the United States, and who has, since such acts, been naturalized, or may hereafter be naturalized under the laws of the United States; and the oath of loyalty hereinafter prescribed, when taken by any such per- son, shall be considered as taken in such sense."
By virtue of laws passed by the General Assembly of the State of Missouri under their constitution, all voters were required to register, according to Section IV as follows :
Section IV. The General Assembly shall immediately provide, by law, for a complete and uniform registration, by election districts, of the names of qualified voters in this state; which registration shall be evi- denced of qualifications of all registered voters to vote at any election thereafter held ; but no person shall be excluded from voting at any elec- tion, on account of not being registered until the General Assembly shall have passed an act of registration and the same shall have been carried into effect; after which no person shall vote unless his name shall have been registered at least ten days before the day of the election; and the fact of such registration shall be not otherwise shown than by the register, or an authentic copy thereof, certified to the judge of election by the registering officers, or officer, or other constituted authority. A new registration shall be made within sixty days next preceding the tenth day prior to every biennial general election; and after it shall have been made no person shall establish his right to vote by the fact of his name appearing on any previous register.
Section V. Until such a system of registration shall have been established every person shall, at the time of offering to vote, and before his vote shall be received, take an oath in the terms prescribed in the next succeeding section. After such a system shall have been estab- lished, the said oath shall be taken and subscribed by the voter at each time of his registration. Any person declining to take said oath shall not be allowed to vote or to be registered as a qualified voter. The taking thereof shall not be deemed conclusive evidence of the right of the person to vote or be registered as a voter ; but such right may, notwithstanding, be disproved. And after a system of registration shall have been estab- lished, all evidence for and against the right of any person as a qualified
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voter shall be heard and passed upon by the registering officer or officers, and not by the judge of election. The registering officer or officers shall keep a register of the names or persons rejected as voters, and the same shall be certified to the judge of election; and they shall receive the ballot of any such rejected voter offering to vote, making the same, and certify- ing the vote thereby giving as rejected; but no such vote shall be re- ceived unless the party offering it take, at the time, the oath of loyalty hereinafter prescribed.
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