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Ci^lNt^Al-OGY COL-L-EL^Tlv-^N 



M.L., 



A Standard History 

of 

Kansas and Kansans 



WRITTEN AND COMPILED BV 

WILLIAM E. CONNELLEY 

Secretary- of the Kansas State Historical Society, Topeka 



ILLUSTRATED 



VOLUME II 



LEWIS PUBLISHING COMPANY 

CHICAGO NEW YORK 

1918 



Copyright 1918 

BY 

The Lewis Publishing Company 



il94961 

KANSAS AND KANSANS 



V' CHAPTER XXXI 

LANE'S ARMY OF THE NORTH 

^' The testimony of Eli Thayer and others before the Congressional 

Investigating Committee put the Emigrant Aid Company in its proper 

light. The people of Kansas had known from the first that the Com- 

^ pany has assumed a position of duplicity, but it took the published 

. ' words of Thayer under oath to undeceive the whole people of the North. 
By the month of June, 1856, the people generally had come to know 
that the New England Emigrant Aid Company was accomplishing noth- 
ing in the crises of Kansas affairs. They saw plainly that the depend- 
ence first placed on that company had been entirely misplaced. It was 
doing nothing to forward the Free-State cause, but was engaged in 
securing lots in the towns being laid out in the Territory. It was appar- 
ent that help would have to be sought in another quarter. It was also 
seen that the Free-State men were insufficiently armed, and that the 
aid to be rendered must include guns and ammunition. There was no 
lack of men and none whatever of spirit and determination. 

Early in the year of 1856, the Missourians considered a blockade on 
the Missouri River. Cannon were placed at various points to command 
steamboats bringing emigrants to Kansas. Many boats were stopped 
and searched. By July the Border-Ruffians were turning back com- 
panies of Free-State men. An Illinois company was forced aboard the 
boat at Leavenworth and compelled to return, as we shall see. 

By direction of the Free-State Legislature and Constitutional Con- 
vention, James H. Lane had gone to Washington in March to present the 
Topeka Constitution to Congress, and endeavor to have Kansas admit- 
ted as a State. He was also instructed to make a tour of the North in the 
interest of Kansas. We have seen that his presentation of the Consti- 
tution led to no definite results. His appeal to the North had a far dif- 
ferent effect. He addressed monster meetings in many Northern states. 
He kindled in all of them an enthusiasm for a free Kansas. The out- 
rages of the Border-Ruffians furnished him new incidents every day. 
The sacking of Lawrence was told as only Lane could tell it. Wherever 
he spoke, the people organized to send substantial aid to Kansas. Other 
Kansans were touring the North, and they rendered the country val- 
uable service, but Lane was supreme, unapproachable in this campaign. 
His oratory reached its greatest height when Bleeding Kansas was his 



596 KANSAS AND KAXSANS 

theme. His hearers were led up and up to frenzy. They threw their 
money into the coffers of committees which were organized to battle for 
freedom on the Kansas plains. The movement which followed Lane's 
efforts became a resistless tide, sweeping men and arms into the Terri- 
tory to rescue Liberty and hurl back the hordes of slavery. 

The meeting at Chicago was perhaps the greatest ever held in the 
interest of Kansas. It was on Saturday evening, May 31, 1856. Law- 
rence had been sacked ten days before. There was an immense crowd 
in the square about the Court House. Hon. Norman Judd was Chair- 
man of the meeting. His speech on taking the chair was able and elo- 
quent. He was followed by Francis A. Hoffman. Then J. C. Vaughan 
reviewed the conditions in Kansas and offered these resolutions: 

Resolved, That the people of Illinois will aid the Freedom of Kansas. 

Resolved, That they will send a colony of 500 actual settlers to that 
Territory, and provision them for one year. 

Resolved, That these settlers will invade no man's riglits, but will 
maintain their own. 

Resolved, That we recommend the adoption of a similar policy to the 
people of all the States of the Union, ready and willing to aid ; and also, 
a thorough concert and co-operation among them, through committees of 
correspondence, on this subject. 

Resolved, That an Executive Committee of seven, viz., J. C. Vaughan, 
Mark Skinner, George W. Dole, I. N. Arnold, N. B. Judd and E. I. 
Tinkham, be appointed with full powers to carry into execution these 
resolutions. 

Resolved, That Tuthill King, R. M. Hough, C. B. Waite, J. H. Dun- 
ham, Dr. Gibbs, J. T. Ryei-son and W. B. Egan, be a finance committee 
to raise and distribute material aid. 

They were adopted with great enthusiasm and long continued 
applause. Hon. W. B. Eagan addressed the meeting. He appealed to 
his Irish fellow-citizens to stand for Kansas. At the conclusion of his 
remarks the audience was in a state of excitement. The Chairman then 
introduced Gen. James H. Lane, of Kansas. It is to be regretted that his 
speech has not been preserved entire. It was one of his greatest efforts, 
equaled only by that which made sure the second nomination of Abra- 
ham Lincoln. The account compiled for the Andreas History of Kan- 
sas is the best wliich has been prepared of this meeting, and is here 
given : 

The President then introduced Col. James H. Lane, of Kansas. As he 
rose up and came forward, he was greeted with an outburst of applause 
from the crowd that continiied for some minutes, during wliich time he 
stood statue-like, with mouth firm set, gazing with those wondrous eyes 
down into the very heart of the excited throng. Before the applause had 
subsided sufficiently for his voice to l)e heard, the fascinating spell of his 
presence had already seized upon the whole vast audience, and for the 
next hour, he controlled its every emotion — moving to tears, to anger, 
to laughter, to scorn, to the wildest enthusiasm, at his will. No man of 
his time possessed such magnetic power over a vast miscellaneous assem- 
bly of men as he. With two possible exceptions (Patrick Henrj- and 
S. S. Prentiss), no American orator ever equaled him in effective stump- 
speaking, or in the irresistible power by which he held his audiences in 
absolute control. On that night he was at his best. It was doubtless the 
ablest and most effective oratorical effort of his life. No full report of it 



KANSAS AND KANSANS 597 

was given at the time. One of the hundreds of young men made Kansas- 
crazy by the speech, and wlio forthwitli left all and followed him to 
Kansas, thus wrote of it twentj^ years after: 

"He was fresh from the scenes of dispute in the belligerent Territory. 
He made a characteristic speech, teeming with invective, extravagance, 
impetuosit}', denunciation and eloquence. The gi-ass on the prairie is 
swayed no more easily by the winds than was this vast assemblage by the 
utterances of this speaker. They, saw the contending factions in the 
Territory through his glasses. The Pro-slavery party appeared like 
demons and assassins; the Free-state party like heroes and martyrs. He 
infused them with his warlike spirit and enthusiastic ardor for the prac- 
tical champions of freedom. Their response to his appeals for succor for 
the struggling freemen was immediate and decisive." 

It is doi;btful if the writer of the above, or any other of the ten thou- 
sand hearei-s of that night, can recall a single sentence of his speech. 
The emotions aroused were so overwhelming as to entirely obliterate 
from memory the spoken words. A few broken extracts are preserved 
below. He began : 

"I have been sent by the people of Kansas to plead their cause before 
the people of the North. Most persons have a very erroneous idea of the 
people of Kansas. They think they are mostly from Massachusetts. They 
are really more than nine-tenths from the Northwestern States. There 
are more men from Ohio, Illinois and Indiana, than from all New 
England and New York combined." 

Speaking of the President, he said : 

' ' Of Franklin Pierce I have a right to talk as I please, having made 
more than one hundred speeches advocating his election, and having also, 
as one of the electors of Indiana, cast the electoral vote of that State for 
him. Frank was, in part, the creature of my own hands; and a pretty 
job they made of it. The one pre-eminent wish of mine now is that 
Frank may be hurled from the White House ; and that the nine memorials 
sent him from the outraged citizens of Kansas detailing their wrongs, 
may be dragged out of his iron box." 

Of the climate of Kansas, he said : 

■'Kansas is the Italy of America. The corn and the vine grow there 
so gloriously that they seem to be glad and to thank the farmei's for 
planting them. It is a climate like that of Illinois, but milder. Invalids 
instead of going to Italy, when the country became known, would go to 
Kansas, to gather new life beneath its fair sky and from its balmy airs. 
The wild grapes of Kansas are as large and luscious as those that grow 
in the vineyards of Southern France." 

He alluded to Col. W. H. Bissell, then the Republican candidate for 
Governor of Illinois, as follows: 

"It is true I was side by side with your gallant and noble Bissell at 
Buena Vista and in Congress. I wish I could describe to you the scene 
on the morning preceding that glorious battle. On a ridge stood Clay, 
Bissell, McKee, Hardin and myself. Before us were twenty thousand 
armed enemies. It was a beautiful morning, and the sun shone bright 
upon the polished lances and muskets of the enemy, and their banners 
waved proudly in the bi'eeze. In our rear the lofty mountains reached 
skyward, and their ba.ses swarmed with enemies ready to rob the dead 
and murder the wounded when the battle was over. Around us stood 
five ragged regiments of volunteers, two from Illinois, two from Indiana, 
and one from Kentucky; they were bone of your" bone, blood of your 
blood, and it was only when you were near enough to look into their eyes 

that you could see the d 1 was in them. It did not then occur to me 

that I should be indicted for treason because I loved liberty better than 
slaverv." 



598 KANSAS AM) KAXSAXS 

He then frave a warm and glowiiio; tribute to Col. Bissell, his brother- 
in-arms. 

Tiien followed a most vivid and awful narrative of the outrages 
perpetrated upon the Free States' men by the ^lissouri rutifians; so vivid 
that the Osawatomie murders seemed but unmerited retaliation, and 
most sweet revenge to his exeited hearers. 

"The Missouriaus, [said he], poured over the border in thousands, 
with bowie knives in their boots, their belts bristling with revolvers, their 
guns upon their shoulders, and three gallons of whisky per vote in their 
wagons. When asked where they came from, their reply w^as, 'From 
^lissouri:' when a.sked, 'What are you hei'e for?' their reply was, 'Come 
to vote.' If any one should go there and attempt to deny these things, 
or apologize for them, the Missouriaus would spit upon him. They claim 
to own Kansas, to have a right to vote there and to make its laws, and 
to say what its institutions shall be." 

Colonel Lane held up the volume of the Statutes of Kansas, then pro- 
ceeded to read from it, commenting as he read : 

' ' The Legislature first passed acts virtually repealing the larger por- 
tion of the Constitution of the United States, and then repealed, as 
coolly as one would take a chew of tobaeco, provisions of the Kansas- 
Nebraska Bill. Of this bill I have a right to speak — God forgive me for 
so enormous and dreadful a political sin — I voted for the bill. I thought 
the people were to have the right to form their own institutions, and 
went to Kansas to organize the Democratic party there, and make the 
State Demoeratic, but the Missouri invaders poured in — the ballot boxes 
were desecrated — the bogus Legislature was elected by armed mobs — 
you know the rest. . 

' ' The Pro-.slavery fragment of the Democratic party talk much about 
Know-nothingism. It is their song day and night. Well, these Kansas 
law^-makei's have gone to work and repealed at once the clause in the 
Nebraska Bill, that gave the right to vote to foreigners in Kansas on 
declaring their intention to become citizens, and made it requisite for 
them to have lived in the Territory five years, and to take the final oath ; 
and at the same time, they made all Indians who adopted the habits of 
white men. voters at once. And what was the distinguishing habit of 
whitf men ? AVhy, it was understood to be drinking whisky. All that 
was necessary to naturalize a Kansas Indian was to get him drunk. 
What Know-nothing lodge ever went so far in their nativisin as this? — 
made foreigners in the Territorv wait five years to become citizens, 
and enfranchising the drunken, thieving Indians at once, one and all ! 

"The Pro-slavery fragment of the Democrati(r party also delights in 
the term 'nigger woi'shiper,' to designate Free-state men. I will .show 
you that these Pro-slavery men are of all nigger worshipei-s the most 
abject. According to the Kansas code (Col. Lane read from the book, 
giving page and section), if a person kidnaped a white child, the utmost 
penalty is six months in jail — if a nigger baby, the penalty is death. 
Who worships niggers, and slave nigger babies at that? To kidnap a 
white child into slavery — six moiitlis in jail — to kidnap a nigger into 
freedom — Death !" 

lie concluded his scathing review of the infamous code as follows: 

"Is there an lllinoisan who says enforce these monstrous iniquities 
called laws? — show me the man. The people of Kansas never will obey 
them. They are being l)utehered, and one ami all will die first! As for 
myself, I am going back to Kansas, where there is an" indictment pending 
against me for high treason. Were the rope about my neck, I would say 
that as to the Kansas code it shall not be enforced — never! — Nevkr!" 

Following, he argued, elaborately and conclusively, the right of Kan- 
sas to come into the I'nion as a Free State "now." lie closed his speech 



KANSAS AND KANSANS 599 

with a detailed account of the murders and outi-ages perpetrated upon 
the Free-state settlers, given with a masterly power of tragic delineation 
which brought each particular horroi", blood-red and distinct, before the 
eyes of the excited throng. He knew of fourteen cases of tar and feather- 
ing — "the most awful and humiliating outrage ever inflicted on man." 
He told of Dow, shot dead while holding up his hands as a sign of his 
defenselessness ; lying, like a dead dog, in the road all the long day, until 
in the evening his friends found his body, dabbled in liis life blood, and 
bore it away; Barbei-, unarmed, shot on the highway, brought dead to 
LawTence, where his frantic wife, a childless widow, 'mid shrieks of 
anguish, kissed the pallid lips that to her were silent evermore — Brown, 
stabbed, pounded, hacked with a hatchet, bleeding and dying, kicked 
into the presence of his wife, where in agony he breathed out his life — 
she, now a maniac, — a voice from the crowd called : "Who was Bi-ownV" 
Lane continued: 

"Brown was as gallant a spirit as ever went to his God! And a 
Democrat at that — not one of the Pro-slavery fragment, though. For 
the blood of free men shed on the soil of Kansas — for the blood now 
flowing in the streets of Lawrence — for everj- drop which has been shed 
since the people asked to be admitted as a State, the Administration is 
responsible. Before God and this people I arraign Frank Pierce as a 
murderer. 

' ' In conclusion I have only this to say : The people of Kansas have 
undying faith in the justice of their cause — in the eternal life of the 
truths maintained — and they ask the people of Illinois to do for them 
that which seems to them just." 

The Chicago Tribune, in its report of the meeting, June 2, says: 

"We regret we can only give a meager outline of the eloquent and 
telling effort of Col. Lane. He was listened to with the deepest interest 
and attention by the vast throng, and as he detailed the series of infamous 
outrages inflicted upon the freemen of Kansas, the people were breath- 
less with mortification and anger, or wild with enthusiasm to avenge 
those wrongs. During Col. Lane's address, he was often interrupted by 
the wildest applause, or by deep groans for Pierce, Douglas, Atchison, 
and the dough-faces and ruffians who had oppressed Kansas, and by 
cheers for Sumner, Robinson, and otlier noble men who have dared and 
suffered for liberty. 

"Language is inadequate to give the reader a conception of the 
effect of the recital of that tale of woe which men from Kansas had to tell ; 
the flashing eyes, the rigid muscles, and the frowning brows told a storj- 
to the looker on that types cannot repeat. Prom the fact that the 
immense crowd kept their feet from 8 till 12 o'clock, that even then they 
were unwilling the speakei-s should cease, or that the contributions should 
stop: from the fact that working men, who have only the wages of the 
day for the purchase of the day's bread, emptied the contents of their 
pockets into the general fund ; that sailors threw in their earnings ; that 
widows sent up their savings; that boys contributed their pence; that 
those who had no money gave what they had to spare ; that those who had 
nothing to give offered to go as settlers and do their duty to Freedom 
on that now consecrated soil ; that eveiy bold declaration for liberty, 
every allusion to the revolution of '76, and to the possibility that the 
battles of that period were to be fought over again in Kansas were 
received as those things most to be desired — something of the tone and 
temper of the meeting may be imagined. 

"The effect of the nieotincr will be felt in deeds. Be the conseiiuenees 
what thov mav. the men of Illinois are resolved to act. 



600 KANSAS AND KA.XSA.XS 

"Take it with its attending circumstances — the shortness of the 
notice, the character of the assembled aiiiltitude, and the work which was 
accomplislied — it was the most remarkable meeting ever held in the State. 
We believe it will inaugurate a new era in Illinois. We believe it is the 
precursor of the liberation of Kansas from the hand of the oppressor, 
and of an all-pervading political revolution at home. 

"About half past 12, Sunday having come, the meeting unwillingly 
adjourned, and the crowd reluctantly went home. At a later hour, the 
Star Spangled Banner and the Marseillaise, sung by bands of men whose 
hearts were full of the spirit of these magnificent hymns, were the only 
evidences of the event that we have endeavored to describe." 

The subscriptions in money, given by upward of two hundred differ- 
ent persons and firms, in sums ranging in amount from .$500 down to 
10 cents — the latter sum being given by a boy, all he had — amounted to 
over $15,000. In addition were given the following utensils and supplies, 
for the use and comfort of the emigrants. The names of the donors and 
explanatory notes are given as reported : 

F. R. Gardiner, six rifles, three with double barrels, sure at each pop. 
Major Van Horn, one sixteen-shooter. 

C. W. Davenport, one six-shooter, and ten pounds of balls. 
An editor and a lawyer, four Sharpe's rifles and themselves. 

D. G. Park, one can of dry powder. 
C. H. 'NATiitney, one revolver. 

J. M. Isaacks, one Sharpe's rifle. 

G. M. Jerome, Iowa City, one rifle. 
A. S. Clarke, one Sharpe 's rifle. 

J. A. Barnej', one rifle. 

H. A. Blakesley, one rifle. 

W. H. Clark, one double-barreled rifle and $10. 

J. A. Graves, one Sharpe's rifle. 

Frank Hanson, one double-barreled gun and $25. 

A. German, one pair of pistols. 

J. H. Hughes, one Colt's revolver. 

F. M. Chapman, one horse. 

Urhlaub & Sattler, three revolvei's. 

This meeting, although not the first of a like character held in the 
Northwest during that spring, \vas remarkable as being the first great 
outburst of enthusiasm, which, breaking local bounds, spread to every 
town and hamlet from the Mississippi to the Atlantic coast. It was the 
"little cloud no larger than a man's hand" which forthwith spread over 
the whole heavens, and out of it came mouey, and arms, and ammunition, 
and a ceaseless tide of emigrants and troops of armed men — all setting 
Kansasward. Out of it came "Lane's Army of the North," in the 
imagination of tbe friglitened Pro-slavery Kansans and Missourians, "a 
mighty host terrible with banners," coming, in uncertain but irresistible 
force, by a route indefinitely defined as from the north, to .sweep as with 
the besom of destruction, the Territory cleaii of the Territorial laws 
and every man who had advocated their enforcement. The army proved 
neither so numerous in numbers nor so terrible in its vengeful visita- 
tions on the Pro-Slaverj' settlers, as to justify their fearful appre- 
hensions : nevertheless, its heralded approach inspired the Free-State 
settlers with renewed courage, opened a new path of immigi-ation into 
the Territory, and proved one of the many great moral forces which 
brought victory and peace at last. 

The tide of emigration, moving by the inspiration of the spirit born 
at the Chicago meeting from all parts of the North, was met and tem- 
porarily stayed on the j\Tissouri River. A part, turning to the route of 



KANSAS AND KANSANS 601 

the "Army of the North,'" entered the Territory through Iowa and 
Nebraska, while many, the numbers increasing from month to month, 
waited at different points near the eastern border until the obstructions 
had disappeared, and then poured into the Territory in such over- 
whelming numbers as to assure the State to freedom evermore. 



A committee was appointed by this meeting to arm and outfit a 
company to go at once to Kansas. Some time before a party from 
McLeau County, Illinois, had been turned back by the Missourians. 
W. F. JM. Arny was the leader of this company. He sought the co-op- 
eration of the Chicago Committee. What work he had done was utilized 
b.v the larger committee, and the two organizations became one. The 
work wa.s extended over the State of Illinois, and adjoining states, but 
the Executive Committee had its oiBce in Chicago. Organizations were 
formed all over the North to help Kansas in the struggle with the slave 
power. On the 10th of Jul}-, there was a meeting at Buffalo, New York, 
to consolidate all these local bodies into a National organization, to be 
directed by one head. Governor Reeder presided at this meeting. It 
was determined to open a road through Iowa and Nebraska to enable 
emigrants to come to Kansas without being obliged to pass through 
ilissouri. This step was most necessary, as the blockade of the ilis- 
souri River was at that time complete. Some of the committees had 
urged the forcing of the river, and in that manner raise the blockade. 
It was believed, however, that .such a course would prove impracticable. 
Lane had advocated the route through Iowa even before it M-as known 
that the Missouri River would be blockaded by the Missourians, say- 
ing that Free-State emigrants to Kansas ought not to be compelled to 
pass through hostile territory where they were insulted, maltreated 
and sometimes mobbed. The route through Iowa was recommended 
liy this meeting. The National Kansas Committee was organized, com- 
posed of the following members: George R. Russell, Boston; W. H. 
Russell, New Haven ; Thaddeus Hyatt, New York ; N. B. Craige, Pitts- 
})urgh; John W. Wright, Logansport; Abraham Lincoln. Springfield; 
E. B. Ward, Detroit; J. H. Tweedy, IMilwaukee; W. H. Hoppin, Provi- 
dence; W. H. Stanley, Cleveland; F. A. Hunt, St. Louis; S. W. Eld- 
ridge, Lawrence ; G. W. Dole, J. D. Webster, H. B. Hurd, J. Y. Seammon, 
and I. N. Arnold, Chicago. 

An Executive Committee was selected consisting of J. D. Webster, 
Chairman; George W. Dole, Treasurer; and H. B. Hurd, Secretary. 
The object of the committee was explained in this sentence. — "To re- 
ceive, forward, and distribute the contributions of the people, whether 
provisions, arms or clothing, to the needy in Kansas." This committee 
did a great work. In fact it was one of the principal factors in the 
immediate triumph of the Free-State men in Kansas. It was in exist- 
ence six months. During that time it distributed about $120,000 ill 
money. In addition to this it forwarded to Kansas large quantities of 
arms and ammunition. It also sent food and clothing. It took clinrge 



602 KANSAS A.XU KAXSAXS 

of the contributions of other societies in the North and forwarded 
them to the particular localities in Kansas for which they were designed. 
Of the $120,000 disbursed by the Executive Committee, $10,000 went 
for the purchase of arms and ammunition. It is estimated that the 
value of the total shipments of the Executive Committee into Kansas 
amounted to more than $200,000. Some portion of these consignments 
fell into the hands of the Border-Ruffians and did not reach the intended 
destination. 

Massachusetts did not co-operate with the National Kansas Commit- 
tee, but formed a separate committee. George L. Stearns was Chair- 
man of the Massachusetts Committee. He was an untiring worker for 
Kansas, and visited the State. He collected and disbursed money and 
other property to the amount of $80,000. Most of this was sent to 
Kansas in the fall of 1856. He sent arms and ammunition in liberal 
quantities. In some manner a shipment of two hundred Sharps' rifles 
was detained at Tabor, Iowa. These were afterwards given to John 
Brown, who used them at Harper's Ferrj'. 

It was not to be expected that the organization of the National Kan- 
sas Committee would pass unnoticed in Missouri. The Border-Ruffians 
stationed guards at the ferries between Kansas and Missouri early in 
June. These guards halted steamboats and searched the emigrants 
found aboard. On the 10th of June, tlie blockade was so completely 
organized that no boat could reach Kansas without permission of these 
guards. If arms were found in possession of the passengers, they were 
seized and the emigrants sent back. Later it was the custom of the 
Border-Ruffians to seize all property carried by emigrants for Kau>- 
sas, and all shipments consigned to the people of Kansas. 

The party organized at. Chicago as the result of Lane's meeting on- 
the 31st of ]May, took passage at Alton, on the boat, Star of the West. 
The boat reached Lexington, Missouri, on the 20th of June. There it 
was boarded by an armed mob. Only a portion of tlie armed Ruffians 
could enter the boat. The remainder stood on the shore and encour- 
aged those on the boat by shouts and by denunciation of the emigrants. 
The arms of the company had been stored in one of the state-rooms. 
Colonel Joe 0. Shelby, who had been many times in Kansas as a leader 
of the Ruffians, addressed the Chicago party. He demanded that they 
turn over their arms at once, saying that if they did so they would be 
permitted to proceed, and that they w^ould be turned back if the arms 
were not delivered. It was impossible for the emigrants to offer any 
effective resistance, and the arms were turned over to the Ruffians. 
The boat proceeded, and at Kansas City it was again boarded. The 
leaders of the mob at Kansas City were D. R. Atchison and B. F. 
Stringfellow. I\Iajor Buford also came aboard the boat with a part 
of his company. The boat was permitted to proceed up the Missouri, 
but had not gone any gi-eat distance until Stringfellow informed the 
emigrants that they were prisoners, and that they would be compelled 
to return to Alton. Illinois. If they would agree to this course, they 
would not be furtlier mnlestcd. If they persisted in the attempt to go 



KANSAS AND KANSANS 603 

into Kansas Territory, they were assured that every- one of them should 
be hanged. When the boat arrived at Leavenworth, other Ruffians 
crowded aboard. These proceeded to rob the emigrants of what little 
had been left them. The boat was detained at Weston two days. The 
emigrants were forced to remain in the cabin of the boat as prisoners. 
At the end of this two days confinement at Weston the boat departed 
for the Mississippi. The emigrants were landed opposite the mouth of 
the Missouri, and forced to go ashore in a drenching rain. The Squat- 
ter Sovereicjn of Atchison, in the issue of July 1st, heralded this exploit 
as a great victory, having these headlines : 

More Arms Captured! 

The Flower of the Abolition Army Taken ! 

A Bloodless VicTORy ! 

After which it contained this account of the valor of the Ruffians : 

The steamer, Star of the West, having on board seventy-eight 
Chicago Abolitionists, said to be a picked company from the array of 
800 men congregated there, was overhauled at Lexington, Mo., and the 
company disarmed. A large number of rifles and pistols were taken at 
Lexington, and a guard sent up on the boat to prevent them from landing 
in the Territory. After leaving Lexington, it was ascertained that they 
had not given up all their weapons, but still held pos.session of a great 
number of pistols and bowie knives, which were probably secreted while 
the search for arms was going on at Lexington. At Leavenworth City, 
Capt. Clarkson, with twenty-tive men, went on board of the boat and 
demanded the surrender of all the arms in possession of the Abolitionists. 
Like whipped dogs they sneaked up to Clarkson, and laid down their 
weapons to him. We learn that about two bushels of revolvers, pistols 
and bowie knives were eajituied at Leavenworth. On the way up the 
river they were boasting of what they would do, .should any one attempt 
to molest tliem, and even went so far as to load their guns, just before 
coming in sight of Lexington. When they arrived at the Political 
Quarantine the whole party of seventy-eight, all of them "armed to the 
teeth," surrendered to a company of twenty "border ruffians." Here 
is bravery displayed on the part of the Abolitionists unparalleled in the 
annals of history! The flowei' of Lane's army are now pri-soners of war, 
and will be shipped l)aek lionie disgraced and cowed ! If this is the 
material we have to encounter in Kansas, we have but little fear of 
the result. Fifty thousand of such "cattle" could not subdue the 
Spartan band now in possession of Kansas. 

An Indiana party was coming overland to Kansas. It was halted 
in Platte County, Missouri. The Sqtiatter Sovereign of the same date 
gave this account of the capture of that party.- 

A party of about twenty-five Abolitionists from Indiana and Illinois, 
on their way to this Territory, were recently captured in Platte County, 
Mo., disarmed and ordered back home. We learn that they had two 
guns apiece, with pistols and bowie knives in proportion, all of which 
fell into the hands of the "border ruffians." They were boasting on 
their way that they intended to march through the fortres.s of the 
"ruffians," and land in Kansas o]iposito Platte County — the hot-bed of 
■•Ii(ii-dcr -ruffiaiiisin."" Tlicii' cxiicctations were not realized, however, 



604 KANSAS AND KAXSAXS 

aud iu Platte County they received the order to " 'bout face" and march 
for home, which they promptly did, just as all good soldiers should do. 
The Kansas road is a hard route for some people to travel. 

Dr. Cutter led a party from ilassaehusetts. This party took pas- 
sage on the steamboat Siiltany which was boarded at Waverly, Mis- 
souri, by the RufSans. They confiscated the arms and all the property 
the company carried. The party was turned back. The Squatter Sov- 
ereign contained this account of that aifair : 

The steamer Sultan, having on board contraband articles, was recently 
stopped at Leavenworth City and lightened of forty-four rifles and a 
large quantity of pistols and bowie knives, taken from a ci-owd of 
cowardly Yankees, shipped out here from Massachusetts. The boat was 
permitted to go up as far as Weston, where a guard was placed over 
the prisonei'S, and none of them permitted to land. They were shipped 
back from Weston on the same boat, without even being insured by the 
shippei-s. We do not fully approve of sending these criminals back to 
the East to be re-shipped to Kansas — if not through ^Missouri, through 
Iowa and Nebraska. We think they should meet a traitor's death, and 
the world could not censure us if we, in self-protection, have to resort 
to such ultra measui-es. We are of the opinion, if the citizens of Leaven- 
worth City or Weston would hanq one or two boat loads of Abolitionists 
it would do more toward establishing peace in Kansas than all the 
speeches that have been delivered in Congress during the present session. 
Let the experhnrnt he tried. 

Notwithstanding these precautions, the Border-Ruffians were much 
disquieted. Rumors of the formation of Lane's Army of the North con- 
stantly drifted in and disturbed them. It was supposed that Lane 
would lead his army into Kansas in time to protect the Free-State Leg- 
islature at Topeka. An appeal was made to the South signed by D. 
R. Atchison for Missouri, J. Buford for South Carolina, and W. H. 
Russel, B. P. Stringfellow, A. 6. Boone and Joseph C. Anderson. It 
was extensively circulated, being published generall.v in the papers of 
the South. The following is an extract from it. Lane's ai-my nf the 
iVorth was mentioned as one of the reasons for the appeal : 

Tliat a state of insurrection and civil war exists among us, is abun- 
dantly evident. The Law and Order party on the one side, opposed on 
the other by the Abolitionists, who are backed up and sustained by the 
Emigrant Aid Societies of the North. A brief review of the points at 
issue, and their controlling circumstances, may be useful to .justify this, 
our appeal for aid. In Territorial politics, the question of Free or 
Slave State has swallowed up every other. The Abolitionists on the 
one hand, in accordance with their early teaching, regard slavery as the 
greatest possible evil. They deem it a monstrous national evil, which 
their false theories of government impute equally to every portion of 
the confederacy, and thus feeling themselves individually rcsjionsible 
for its existence, they feel bound each to struggle for its overtlirow; to 
such extremes have wicked demagogues stimulated their fanaticism, tliat 
their perverted consciences justify any Tnode of warfare against .slave- 
holders, however much in violation of law. however destructive of prop- 
erty or human life, and however atroeiou-sly wicked it may seem to 
others; nay, many of them already go so far as to oppo.se all religion. 



KANSAS AND KANSANS 605 

property, law, order and subordiuation among men as subversive of 
what they are pleased to call man's natural and inherent equality. And 
with them it is no mere local question of whether slavery shall exist in 
Kansas or not, but one of far wider significance ; a question of whether 
it shall exist anywhere in the Union. Kansas, they justly regard as the 
mere outpost in the war now being waged between the antagonistic 
civilizations of the North and the South ; and winning this great outpost 
and stand-point, they rightly think their march will be open to an easy 
conquest of the whole field'. Hence, the extraordinary means the Aboli- 
tion party has adopted to flood Kansas with the most fanatical and 
lawless portion of Northern society ; and hence, the large sums of money 
they have expended to surround their brother Missourians with obnoxious 
and dangerous neighbors. 

On the other hand, the Pro-slavery element of the Law and Order 
party in Kansas, looking to the Bible, find slavery ordained of God; 
they find there, as by our law, slaves made an "inheritance to them and 
their children forever." Looking to our national census, and to all 
statistics connected with the African race, and considering, too, their 
physical, intellectual and moral nature, we see that slavery is the 
African's normal and proper state; since in that state the race multiplies 
faster, has more physical comforts, with less vice and more moral and 
intellectual progress than in any other. We believe slavery the only 
school in which the debased son of Ham, by attrition with a higher 
race, can be refined and elevated ; we believe it a trust given us of God 
for the good of both races. 

The one Kansas man feared by the Missourians was James H. Lane. 
Many of them had served with him in the Mexican "War and knew that 
he was a brave and resourceful soldier. They never deceived them- 
selves about his courage. They had seen him at Buena Vista and other 
battlefields, and knew that he was the equal of any man in courage 
and daring. The other Free-State leaders were without military repu- 
tation, and the Ruffians held them in contempt as soldiers. This led 
to some rude shocks to their preconceived ideas — as, for instance, in the 
affair at Dutch Henry's Crossing. From the time that information 
concerning Lane's Army of the North drifted into Missouri, there was 
gloom in the camps of the Border-Ruffians. A distinct tone of pessi- 
mism at once sounded through the "Western Missouri press. The Mis- 
sourians had hoped he would not again appear upon the border. But 
now, it seemed, he was preparing to not only descend upon the Law and 
Order party in Kansas Territory, but to do so at the head of an army 
which rumor and their fears magnified into a mighty host with banners. 

The Border-Ruffians began at this time to insist upon the removal 
of Governor Shannon. He never had the confidence of the Missourians 
after his negotiation of the Treaty of Peace in the "Wakarusa War. His 
later extravagant pretension of devotion to the Pro-Slavery cause never . 
could atone, in the eyes of the Border-Ruffians, for that crime. It 
became apparent to him that he was the object of suspicion, and that 
it was not safe for him to remain in Kansas. He was as much despised 
by the Border-Ruffians as by the Free-State men. In this dilemma, he 
resigned his office. He left the Territory on the 23d of June, after 
having ordered Colonel Sumner to disperse the Free-State Legislature 



GOG KANSAS AM) KANSAXS 

at Topeka. When Governor Shannon left the territory, the duties of 
Governor devolved upon Secretary Daniel Woodson, who became the 
Acting Governor. Woodson's attitude toward the Free-State men was 
entirely different from that of Governor Shannon. He believed that 
they should be dealt with as traitors. It was his judgment that no 
mercy should be shown them. He too was influenced ])y the rumors of 
Lane's Army of the North. He directed Colonel P. St. George Cooke 
to scour the country between Ft. Riley and Topeka to discourage any 
preparations to receive the invasion from the North. 

We have already noted the dispersion of the Free-State Legisla- 
ture on the 4th day of July, 1856, at Topeka. Colonel Sumner was 
under orders to obey the officers of the Territorial Government. It 
was not the policy of the Free-State party to resist the military force 
of the United States. Colonel Sumner wrote the following letter to a 
committee, at Topeka, which had been appointed on the 2nd of July to 
confer with him. The committee had been appointed by a mass con- 
vention convened to discuss the course which ought to be pursued in 
this emergency. 

He.\dqi:.\rters First Cavalry, Camp at Topeka, K. T. 

July 3, 1856. 
Gentlrmcn — In relation to tlie asseinblinu- of tlie Topeka Legislature 
(the suliject of our couver.satiou last night), the more I reflect on it, 
the more I am convinced that the peace of the country will be greatly 
endangered by your persistence in this measure. Under these circum- 
stances I would ask you and your friends to take the matter into grave 
consideration. It will certainly be much better that you should act 
voluntarily in this matter, from a sense of prudence and patriotism at 
this moment of high excitement throughout the country, tlian that the 
authority of the General Government should be compelled to use coercive 
measures to prevent the assembling of that Legi.slature. 

I am, gentlemen, very respectfully, your obedient servant, 

E. V. Sumner. 
Colonrl First Cavalry Commanding. 

Governor Woodson decided that it was necessary for him to issue 
a proclamation forbidding the meeting of the Free-State Legislature. 
It was also read to the convention : 

Whereas, We have been I'eliably iiironnfd that a number of persons 
claiming legislative power are about to assemble in the town of Topeka, 
for the purpose of adopting a code of laws, or of executing other legis- 
lative functions in violation of the act of Congi-ess organizing the Ter- 
ritory, and of the laws adopted in pursuaTice thereof, and it appears that 
a military organization exists in this Territory for the purpose of sus- 
taining this unlawful legislative niovenicnt, and thus, in effect, to subvert 
by violence all present constitutional and legal authority ; and 

Whereas, The President of the United States has. by proclamation 
bearing date eleventh February. 1856, declared that any such plan for 
the determination of the future ins-tit ut ions of the Territory, if carried 
into action, will constitute insurrection, and therein command all persons 
engaged in such unlawful combinations aeainst the constituted authority 
of the Territory of Kansas, or of the United States, to disperse and 
retire to their respective places of abode: and 



KANSAS AND KANSANS 607 

Whereas, Satisfactory evidenee exists that said proclamation of the 
President has been, and is about to be disregarded : Now, therefore, 

I, Daniel Woodson, Acting Governor of the Territory of Kansas, by 
virtue of the authority vested iu me by law, and in pursuance of the 
aforesaid proclamation of the President of the United States, and to the 
end of upholding the legal and canstihited authorities of the Territory, 
and of preserving the jieaee and public tranquillity, do issue this my 
proclamation, forbidding all persons claiming legislative power and 
authority as aforesaid, from assembling, organizing or attempting to 
organize, or acting in any legislative capacity whatever, under the pen- 
alties attached to all unlawful violation of the law of the land and dis- 
turbers of the peace and tranquillity of the country. 

In testimony whereof, I have hereunto snliscribed my hand, and 
caused to be affixed the seal of the Territory, this 4th ihiy of July, 1856, 
and of the Independence of the United States the eightieth. 

Daniel Woodson, Acting Governor of Kansas Territoru. 

Colonel Sumner had written below the signature of Governor Wood- 
son that he would be governed by the proclamation at all hazards. 

These proceedings occupied the convention and the Pro-Slavery 
forces until about noon, on July 4, 1856, when Colonel Sumner aproached 
with his dragoons and artillery. They appeared at the south boundary 
of Topeka and marched north on Kansas Avenue. This was just as 
the Topeka companies, P and G, were formed in front of Constitution 
HaU to receive a flag which the ladies of Topeka had made for Com- 
pany G. Colonel Sumner planted his cannon about three hundred 
feet from Constitution Hall. The dragoons were foi-med on the street. 
The Legislature had adjourned on the 13th of June to meet at 12 o'clock, 
July 4. Colonel Sumner entered the hall and was invited to come for- 
ward to the Speaker's platform. When the roll of the House was 
called, Sumner rose and said: 

Gentlemen. 1 am called upon this day to perform the most painful 
duty of my whole life. Under the authority of the President's proclama- 
tion, I am here to disperse this Legislature, and therefore inform you 
that you cannot meet. I thei-efore order you to disperse. God knows 
that I have no party feeling in this matter, and will hold none so long 
as I occupy my present position in Kansa.s. I have just returned from 
the borders where I have been sending home companies of Missourians, 
and now 1 nin urdered here to disperse you. Such are my orders, and 
you wiist ilisjii r.-if. I now command you to di.'^perso. I repeat that it is 
"the most painful duty of my whole life. 

Upon being asked if the Legislature would be driven out at the point 
of the bayonet, Colonel Sumner replied, "I shall use all the forces in 
my command to carry out my orders," whereupon he descended to the 
street and mounted his horse, when it occurred to him that he had 
omitted to disperse the Senate. He then went to the Senate Chamber in 
company with Marshal Donalson. The Senate had not yet convened. 
The members were told that they would be required to disperse. Mar- 
shal Donalson informed the Senators that they would be arrested if 
they did not agree to disperse and not assemble again. Colonel Sum- 
ner was assured by the Senators present that they would disperse, which 



608 KANSAS AND KANSANS 

they proceeded to do. He had assured those present that he would not 
disperse the mass convention, nor the two military companies, where- 
upon three cheers were given for Colonel Sumner. 

The dispersal of the Free-State Legislature served only to empha- 
size the former convictions of the Free-State men, that their only course 
lay in resistance to the Ruffians in every possible way. From that date 
guerrilla parties spontaneously appeared in Kansas. Guerrilla war- 
fare spread over the Territory. A state of anarchy prevailed. The 
Free-State men not only armed to protect themselves but to attack the 
Pro-Slavery settlers and the Law and Order militia. These guerrilla 
parties became predatory. They preyed upon Pro-Slavery merchants 
and settlers. Many a Pro-Slavery settler was stripped of all his prop- 
erty, and was sometimes fortunate to escape with his life. The Border- 
Ruffians soon began to come in from Missouri. Finding that it was 
impossible for the Pro-Slavery settlers to remain on their claims, they 
were advised to assemble in forts. These were garrisoned by Buford's 
men and the Missouri Ruffians coming in with them. A fort was estab- 
lished on the claim of J. P. S.aunders, on Washington Creek, twelve 
miles southwest from Lawrence. Franklin was fortified. Colonel H. 
T. Titus turned his residence into a fortification, which he called Fort 
Titus. These points had already been fortified to some extent, and 
garrisoned by Buford's men and other Ruffians. The United States 
troops had not molested them when directed to break up the armed 
bands in the country. In other parts of the Territory the Pro-Slaverj' 
men assembled and made preparations to defend themselves. 

The first step in the work of bringing in Lane's Army of the North 
was the establishment of a road or M'ay over which it should march. 
This was immediately attended 1o, as the following notice and appeal 
will show : 

To THE Friends or Free Kansas 

The undersigned, Iowa State Central Committee, for the benefit 
of Free Kansas, beg leave to represent that the dangers and difficulties 
of sending Emigrants to Kansas through iMis.souri has been attempted 
to be remedied by opening through Iowa an (hctlaiul Route. At present 
Iowa City, the Capital of Iowa, is the nmsi w, si.in i)oint that can be 
reached by Railroad. Arrangements are luini;- madr by Gen. Lane, Gov. 
Reeder, Gen. Pomeroy, Gov. Roberts, and otliere to tuni the tide of 
emigration in this channel, and thus avoid the difficulties lieretofore ex- 
perienced in attempting to pass through Missouri. 

It is proposed to take the follow ini,' roui-se through Iowa. 

Leaving Iowa City— proc (d tn Si.^oui'iiey, thence to Oskaloosa, thence 
to Knoxviile, thence' to Indi;iiinla. llirnce to Osceola, thence to Sidney, 
and to Quincv in Fremont county, Iowa, on the J\Iissouri River, 80 miles 
from Topcka' the Capital of Kansas. An Agent has been through the 
State by this Route, and the citizens in each of the aforesaid Towns 
have appointed active commit1o(>s. The inhabitants of this line will do 
all in their power to assist Emigrants. The distance from Iowa City 
to Sidney on the ]Mis.souri River is 300 miles, and the cost of conveying 
passengers will be about $25. The "Western Stage Company" have 
formed a new line of coaches and will put on all the stock necessary 



KANSAS AND KANSANS 609 

for the accommodation of every Emigrant who may come. This can 
positively be relied on. You will at once see that this must be a general 
and concerted effort, or the project will fail, and each body of Emigrants 
will be left to their own guidance. 

"We wish also to call attention to the impracticability of Committees 
far in the East sending men, as any number can be raised in the AVest, 
and thus save an additional expenditure. All that is wanting is the 
means of defraying expenses. It is hoped therefore that our friends 
will lend us their aid in this particular, and assist us in raising money. 
We would suggest that Committees in the East send an Agent here for 
the disbursement of their funds, if they are unwilling to entrust the 
same to this Committee. Our citizens have just raised the means to fit 
out a Company of 230 men which has this day started for Kansas. 
Another Company as large can be raised as soon as means can be ob- 
tained. It is hoped that all companies formed in the East will be sent 
over this route, and those who desire that Slavery shall not be Forced 
in Kansas, should assist us in obtaining m/iierial aid. As Iowa is more 
deeply interested than any other State in saving Kansas from the grasp 
of the Slave power and in the success of the proposed project, the people 
of this State are urgently requested to oi-ganize Committees and eon- 
tribute to the prosecution of this scheme of settling Kansas with Free- 
state men; and all funds raised for this object should be transmitted 
at once, to H. D. Downey of the Banking House of Cook, Sargent & 
Downey, the Treasurer of this Committee, with the confident assurance 
that all monies thus placed in our hands will be faithfully applied to 
the cause of our suffering friends in Kan.sas. 

W. Penn Claek, Chairman, 
G. W. HoBART, Secretary, 
H. D. Downey, Treasurer. 
W. Penn Clark, G. W. Hobart, L. Allen, Jesse Bowen, M. L. 
Morris, G. D. "Woodin, J. N. Jerome, J. Teasdale, Katisas Central Com- 
mittee of Iowa. 

TnwA City. July 4. 1856. 

That portion of the trail through Nebraska and Kansas was sur- 
veyed and marked by John Armstrong, Colonel John Ritchie, and oth- 
ers by the direction of Lane. It ended at Topeka, and its course to 
Iowa City and Springdale may be seen on the maps in this volume. 
It was known through its entire length as The Lane Trail. It became 
later the Underground Railroad from Kansas, and hundreds of slaves 
who reached Canada traveled its tortuous way. The best account of any 
party over it from end to end will be found in Volume XIII, Kansas 
Historical CoUcrtions. 

P. B. Plumb had visited Kansas in July. He saw the need for aid 
to the Free-State men. Returning to Ohio he arranged his newspaper 
business for a long absence and cast his lot with Kansas. He organ- 
ized a company and carried in a brass howitzer, two hundred and fifty 
each of rifles, bowie-knives, and Colt's Navy pistols, together with 
,ammunition for the cannon, rifles, and revolvers. His company was 
one unit of Lane's Army of the North. He arrived at Topeka, Septem- 
ber 26, 1856. Ever afterwards, as long as he lived, he was one of the 
foremost figures in Kansas. His long and brilliant Senatorial career 
has seldom been equaled in America. 



CHAPTER XXXII 
BLEEDING KANSAS 

Lane 's Army of the North crossed the line into Kansas in detachments 
and companies on various dates beginning eai-ly in August, 1856. Lane, 
in command of a large company, crossed on the 7th of August. After 
seeing his company safely over the line, he left it and hurried to Law- 
rence. It was time that he did so. The Border-RufSans were overrunning 
the Territory, murdering the Free-State people and robbing them of their 
live-stock and other property. The guerrilla bands organized by the 
Free-State people were doing all in their power to protect the people. 
Civil war, carried on by these guerrilla forces, had existed for several 
weeks in Kansas. United States troops were stationed along the line to 
turn back Lane's Army of the North. The true character of this army 
was revealed by the search and examination made by these troops. Most 
of the araiy proved to be peacefid emigrants coming to settle in Kansas. 
True, in many wagons were concealed rifles, revolvers, bowie-knives and 
ammunition. This war material was so carefully hidden that veiy little 
of it was discovered by the troops. 

The news of the approach of General Lane encouraged the Free-State 
forces. The camp of the Georgians near Dutch Henry's Crossing, was 
known as New Georgia. It is represented in letters to the Missouri Repub- 
lican as containing more than two hundred people — men, women, chil- 
dren, and slaves. On the 5th of August, an Illinois company of Free-State 
men under one Brown, of Massac County, Illinois, attacked the Georgia 
colony. It had .settled around a central fort which had been erected for 
protection and as a base in aggressive movements against the Free-State 
people of that country. At the fort was a good well. While the accounts 
published in the papers of that day represent that several of the Georgians 
were killed, they, in fact, did not wait for the Fi'ee-State men under 
Brown, to reach the town. They abandoned the fort and their dwellings, 
and fled to Missouri. They filled up the well with bacon aud other sup- 
plies. It had not been the intention of the Free-State men to molest the 
settlers, but to demolish the block-house or fort. The attack was in open 
daylight, and the settlers in the colo7iy had been notified that those found 
peaceably attending to their own aft'aii-s would not be troubled in the 
least. Very few of this colony ever came back to Kansas. The Free-State 
men demolislied the fort and gathered the provisions and other property 
in tlie colony, and l)urned the houses, as tliey were found empty and 
deserted. 

610 






U2 




KANSAS AND KANSANS 611 

Upon the arrival of General Lane at Lawrence, he assembled the 
Free-State forces in that vicinity. On the night of the 12th of August, 
he attacked Franklin, which had been fortified by the Border-Ruffians, 
who had been robbing and murdei'ing Free-State people for some time 
The Border-Ruffian forces at Franklin were commanded by Captain 
Ruckles. When the attack was made he took refuge in a strong log 
house from which firing was kept up for some time. The Free-State 
men loaded a wagon with hay, which they set on fire and backed up to 
the house, thus firing it. The Ruffians immediately fled. The Free-State 
party obtained eighty guns, mostly with bayonets, one six pound cannon, 
about 1200 pounds of bacon, besides a quantity of flour, sugar, coffee, 
etc. They captured fourteen prisoners from whom they exacted a 
promise to leave the country when they were released. On the Free- 
State side one man was killed and six wounded. On the Pro-Slavery 
side three were severely wounded, of whom one died. The defenders 
of the town after the defeat, fled to Fort Saunders, on Washington 
Creek, which was garrisoned by a company of Geoi'gians under com- 
mand of Colonel B. F. Treadwell. 

On the 11th of August, Major D. S. Hoyt, of Lawrence, had gone to 
Fort Saunders to try to arrange for some truce or cessation of guerrilla 
warfare between that place and Lawrence. He was permitted to depart 
after his efforts to negotiate some agreement, but was followed and mur- 
dered. It has been persistently maintained that he was mutilated after 
death in order that his body should not be recognized. 

On the 15th day of August, Lane attacked Fort Saunders. Just 
before the attack the body of Hoyt had been brought in. This excited 
the Free-State forces and they demanded to be led against the fort at 
once. Then Lane led them in a charge against the fort. The Georgiaiis 
fled without firing a shot, leaving a smoking dinner on the table. The 
Free-State men were about to partake of this meal, but were prevented 
by Lane, who feared that it might have been poisoned by the Ruffians. 
In the fort were found many articles which had been stolen at Lawrence 
and at other points in Douglas County. The fort was burned. 

General Lane placed the command of a column to attack Fort Titus 
under Captain Samuel Walker. This command was composed of Law- 
rence troops, of Hai-vey's Chicago Company, which had come in with 
Lane's Army of the North, Dr. Cutter's party, and some men from 
Topeka. The attack was made about sunrise. The cannon captured at 
Franklin was placed in a position to command the house of Titus. It 
was loaded with slugs from the molten type of the Herald of Freedom. 
which had been collected in the streets of Lawrence and along the river 
bank. The battle lasted about half an hour. Titus was severely 
wounded and took refuge in the loft of his house. The Ruffians soon 
came to the conclusion that they could offer no effective resistance and 
surrendered. Colonel Titus and Captain William Donalson, together 
with eighteen others, were made prisoners. Five Free-State prisoners 
were found in the fort and these were immediately released. One of 
these had been sentenced to be sliot that moniing. A number of the 



612 KANSAS AM) KANSAXS 

Georgians from Fort Saunders were found among the prisoners taken at 
Fort Titus. 

A very serious loss to the Free-State forces occurred in this battle. 
Captain Shombre, who had just arrived from Indiana, with Lane 's Army 
of the North, was mortally wounded and died the following day. 

These operations of the Free-State men carried consternation to the 
Pro-Slavery settlers and Border-Ruffian guerrillas. The inhabitants of 
Lecompton were panic stricken and many of them crossed the Kansas 
River. Others sought safety in the camp of the United States troops, 
and some fled to the woods. A detachment of the troops was sent to 
Lecompton, but could find none of the Territorial officers. Governor 
Shannon, who had returned to the Territory-, and others, were found 
embarking on a scow to cross to the north bank of the Kansas River. 
Clarke, the murderer of Barber, had abandoned his house and fled. See- 
ing that the Free-State men had no design of attacking Lecompton, the 
Territorial officers returned. 

On the morning of the 17th of August, Governor Shannon, taking 
with him Major Sedgwick and others, visited Lawrence for the purpose 
of negotiating another treaty of peace. This he succeeded in doing, stipu- 
lating that the five Free-State men arrested after the attack of Franklin 
should be released ; that no more arrests of that nature should be made ; 
that the cannon taken from Lawrence by Jones on the 21st of May should 
be returned, and that Titus and his band should be set free. The Gover- 
nor seemed deeply impressed by the recent events and after the treaty, 
made a speech in which he said, "The few days I remain in office shall 
be devoted, so help me Heaven, in carrv-ing out faithfully my part of 
the agreement, and in preserving order." 

On the 21st of August, the Governor received notice of his removal 
from office, though he had just forwarded his resignation. He was 
also informed of the appointment of Jolin W. Geary as liis successor. 
Governor Shannon soon left the Territory. It was necessarj' for hira to 
do so, for his life was in danger. Upon his resignation. Secretary Wood- 
son became again the Acting Governor of Kansas. On the 25th of 
August he issued a proclamation in which he declared the Territory in 
a state of insurrection, and calling out the militia, which was an invita- 
tion to the Missourians to arm themselves and invade Kansas. Comment- 
ing on this call, the Squiitter Sovereign, in the article headed "Third 
and Last Time." bad this to say: 

Our friends have been collecting on the Border during the past week, 
and in a few days will have a well organized force in the field, equal 
to any emergency. We again reiterate, a crisis has arrived in the affairs 
of Kansas, and another week will tell a tale that will have an important 
bearing on the future fate of Kansas. It behooves eveiy citizen to 
shoulder arms without any further delay. We have been slow to believe 
that anytiiing like serious fighting w'ould occur; but we are now fully 
convinced Ihat a deadly struggle must ensue, and one or more hard 
battles transpire, l)ofore the abolitionists can be subdued. . . . Al- 
ready the smouldering ruins of luimeron.s dwellings, and the reeking 
blood of many a vicfiin. rries aloud for vengeance. The cry i-s heard 



KANSAS AND KANSANS 613 

aud will be answered with tenfold retaliation. If there is one breast 
still impenetrated by this call, we urge that it instantly become alive to 
the importance of the emergency. The want of a few men may turn the 
fortunes of war against us. Then let every man who can bear arms "be 
off to the wars again." Let this be the "third and last time." Let the 
watcliword be "extermination, total and complete." 

This is the spirit in which the Missourians were urged to enter Kan- 
sas for the third and last time, as they hoped. Many appeals were made 
to the people in the western counties of I\Iissouri in the same spirit. The 
full effect of this order was not felt in the Territory for several days. 

On the 25th of August, a band of Missourians, numbering about one 
hundred and fifty, commanded by Captain John E. Brown, went into 
camp on Middle Creek about nine miles southwest of Osawatomie. The 
Free-State forces in that neighborhood immediately assembled to give 
fight. They were commanded by Captains Cline, Andei'son, and Shore. 
In Captain Cline 's company were eighteen men ; in that of Anderson 
there were forty men; and Shore's company numbered about sixty men. 
The Free-State party attacked the Missouri camp about noon on the 
26th. The firing lasted about ten minutes, when the Missourians broke 
ranks and fled, leaving their baggage, horses, wagons, guns, clothing and 
provisions. A number of prisoners were taken by the Free-State men. 
One party of five Missourians had captured a Free-State man whom they 
were about to hang. The total number of prisoners taken by the Free- 
State men was eleven, and these were liberated the following day upon a 
promise never to come into Kansas again. Most of these Free-State men 
had served under John Brown. 

On the 29th of August ISIissourians to the number of twelve hundred, 
under command of Atchison, Reid, and other RufiSan chiefs, were en- 
camped on the Santa Fe Trail where that historic highwaj- crossed Bull 
Creek. This point is some six to eight miles, as the road then lay, east 
of Black Jack, where Brown had recently captured the command of H. 
Clay Pate. Colonel A. W. Doniphan was with this band of Border 
Ruifians, but not in active command of any of the Missourians. He was 
a Kentuckian, but a citizen of Liberty, Clay County, and believed in 
slavery, but was not in favor of the indiscriminate murder of Free-State 
men as were the other men of prominence present. Colonel John "W. 
Reid had been a captain under him in Doniphan's Expedition, and had 
led the charge at the battle of Sacramento. Reid was one of those fortu- 
nate men always given every advantage, and put forward on every 
occasion to enable him to make a gi-eat reputation. It was this good 
fortune which had caused him to be selected to lead the charge at Sacra- 
mento. He was an inferior soldier and a sycophantic man of very little 
ability. From this camp Colonel Doniphan returned to Missouri, and 
was never again in Kansas with the Border-Ruffians. 

On the 29th of August information was received at this camp that 
John Brown and other Free-State captains were raiding in the north 
part of Linn and Anderson counties, and that Osawatomie was left 
without a garrison of Free-State troops. Colonel Reid was given three 



(il4 KANSAS AKD KANSANS 

hundred men and dii'eeted to proceed to Osawatomie and destroy the 
town. He marched on the night of the 29th. He crossed the Marais des 
Cygnes River some four miles above the town, just before daylight on 
the morning of the 30th. From tliis ford the road led up to the back- 
bone or highland between the Marais des Cygnes and the Pottawatomie, 
following this highland eastward into the town. 

General Lane was informed of the presence of the various bands of 
I\Iissourians. He had information, which he believed reliable, of the 
intention of the forces camped at Bull Greek to attack Osawatomie. He 
was at this time at Lawrence. On the 29th of August he sent Frederick 
Brown, Alexander G. Hawes, John Still, David R. Garrison, George Cut- 
ter, and one Adamson, to notify John Brown of the presence of the 
Ruffian force, and its intentions. John Brown was returning to Osawa- 
tomie with his men, fearful of an attack on the town, when the dispatch 
was delivered to him by the messengers. He camped that night north 
of Osawatomie, where the Kansas State Hospital now stands. 

Frederick Brown visited his uncle, S. L. Adair, who lived on the up- 
land, a mile and a half west of Osawatomie. He had informed S. L. 
Adair that he would return to Lawrence the- next day, and if he had 
any letters he wished to send out over the Free-State line through Iowa, 
to write them during the night, and he would call for them at daylight. 
Frederick Brown then went to the house of Morgan Cronkite, whose 
claim cornered with that of Mr. Adair on the southwest. Cutter and a 
young man named Gai-rison also slept at Cronkite 's house. Frederick 
Brown was up before daylight and on his way to Mr. Adair's house to 
get the letters. He wanted to be off early, for he knew the peril of the 
roads at that time. The Border-Ruffians had intended to come into 
Osawatomie from the north. It is not certainly known why they changed 
their route. Their scouts may liave discovered the camp of John Brown 
north of the town. There were traitors in the town, and these may have 
advised a change of course. A traitor named Hughes, a Missouriau, 
lived at that time in Osawatomie. He it was who sent word to the camp 
at Bull Creek that John Brown was away and the town left defenceless. 
He went away with the Border-Ruffians after the sacking of Osawatomie, 
carrying his family, knowing it would be certain death to remain. When 
the Border-Ruffian force came out on the highlands after fording the 
river, they sent a scouting detachment to ride into the city and find out 
conditions there. This advance part.y was under the command of Rev. 
Martin White. White was just passing north of the Cronkite farm as 
Frederick Brown came into the road on his way to Mr. Adair's house. 
He could not see well enough to distinguish who the Ruffians were. lie 
stepped into the road in front of them and said, "Good morning 
boys," supposing doubtless they were some of his father's company 
astir early. Receiving no reply he said, "I believe I know you," or "I 
believe I ought to know you." At this Rev. White said, "I know you," 
and fired, the ball entering Brown's breast, killing liim instantly. Bro^\ni 
fell to the north, just out of the road. His body lay some two or three 
hundred yards from I\Ir. Adair's house. David R. Garrison soon came 



KANSAS AiND KANSANS 615 

on, having heard the shot that killed Frederick Brown. He went to 
the house and asked Mr. Adair who it was that fired the shot. Mr. 
Adair said he had heard no shot, but had heard someone gallop by, going 
west on horseback, and had remarked that Frederick Brown must have 
forgotten to stop for the letters, supposing it was young Brown who had 
galloped by. Garrison still insisted that he had heard a shot. By this time 
it was getting light and Brown's body could be dimly .seen lying on the 
roadside. Mr. Adair supposed it was a blanket some one had dropped, 
but Garrison thought it was a body. They went there together and 
found the body of Frederick Brown. At this time a second squad of 
the scouting party appeared riding out of the town westward. Mr. 
Garrison asked what they must do. Mr. Adair said that it would not do 
to stand there and be killed. He went north into some low bushes and 
lay down. Garrison ran south over the naked prairie. The Ruffians 
followed him, firing upon him. He ran by the house of William Carr, 
where Cutter then was. They shot Cutter in the face and left him for 
dead. They still pursued Garrison, who shot at them, came up with 
him, and killed him. 

After the party disappeared in the pursuit of Garrison, Mr. Adair 
went to his house and sent George Ferris on horseback to alarm the town. 
In a few minutes he sent his son, S. C. Adair, and a young man named 
Mills, also to spread the alarm. He then went into the woods north of 
the house to escape the main body of Ruffians, then in sight. Mills 
rode on, joined John Brown, and fought in the battle. Young Adair 
went east of the town, crossed the Pottawatomie and escaped. He re- 
turned home later in the day. Reid seems to have halted his force a 
short distance east of Adair's house, and to have remained there for a 
time. 

Those sent to alarm the town soon reached John Brown's camp 
and informed him of the death of Frederick Brown. He immediately 
ordered his men to follow him, and started for Osawatomie. Luke F. 
Parsons marched by his side part of the distance to the ford. John 
Brown asked him if he had ever been under fire. Parsons said that he 
had not but that he would obey orders, requesting Brown to tell him 
what to do. Brown then said to him, "Take more care to end life well 
than to live long." There was a block-house in Osawatomie and to this 
Brown first repaired. Parsons was directed to take ten men and to hold 
that liouse as long as he could. Brown saying that he would take the 
rest of the men, go into the timber, and annoy the Ruffians from the 
flank. It was soon apparent to Parsons and the men left in the block- 
house that tliey could not accomplish anything from that point. They 
left the block-house and joined John Brown. Captain Cline was met as 
they were making their way to Brown's position, but he could not be in- 
duced to remain. John Brown formed his men at the break in the 
prairie, — that is, where the descent from the highlands toward the town 
begins. There were some bushes along this break in which James II. 
Holmes had before concealed himself, and from which he fired on the 
Ruffians, striking one of them in the mouth. This break ran at an acute 



616 KANSAS AND KANSANS 

angle to the road, and from the bushes Brown "s men fired on the advanc- 
ing enemy. John Brown concealed his men as effectively as possible 
when the Missourians began to fire. As he was passing Parsons he in- 
quired if Parsons could see anything torn or bloody on his back. Upon 
being assured that nothing of the kind was there, Brown said, "Well, 
something hit me a terrible rap on the back. I don't intend to be shot 
in the back if I can help it." Reid was not able to dislodge Brown nor 
to advance until he brought up his cannon, loaded with grape-shot. The 
discharge of this piece emboldened the Ruffians and they advanced. 
Brown and his men were forced back into the higher timber on the 
bank of the ]Marais des Cygues. At this time it was seen that with thirty 
men it was impossible to hold back three hundred. Brown and his men 
were forced down the river tlirough this timber. It was clear that they 
would have to cross if possible. They were at that time nearing a saw- 
mill standing on the south bank. The men attempted to wade the river. 
George Partridge was killed while in the water. James H. Holmes dived 
and swam most of the way under water. One of Brown's men, Austin, 
hid between some saw-logs still in the river, from which position he shot 
a Border-Ruffian as he rode up. John Brown with a revolver in each 
hand held high over his head, waded the river, his hat and the tails of his 
linen duster floating on the water. Jason Brown also waded safely 
across. Spencer K. Brown, Robert Reynolds, H. K. Thomas and Charles 
Keiser were captured immediately after the battle. "William B. 
Fuller had been captured early in the morning, and Joseph H. Morey 
was taken after the battle was over. After the defeat of John Brown 's 
force, the Ruffians went into Osawatomie and burned the town. The 
houses and stores were robbed before being set on fire. They found 
Theron Parker Powers in the town and beat him to death with a spirit- 
level, which was found l.ying by his crushed head. At the Ruffian camp 
at Bull Creek, Charles Keiser was tried for treason to Missouri, as he 
had come from that state to Kansas. He was not present at the trial 
and did not know that he was being tried. He was convicted and con- 
demned to death. A guard was sent to take him to execution. Ap- 
proaching him they said, "We want you." He seemed to know he was 
to be killed, for he said to Reynolds, by whom he was sitting, "They are 
going to kill me." They marched him a short distance from the camp 
and shot him. Reynolds heard tlie volley. 
Reid's report of the battle was as follows: 

Camp Bull Creek, Aug. 31. 

Gentlemen: — I moved Mith 250 men on the Abolition fort and town 
of Osawatomie — the lieadriuarters of Old Brown — on night before last : 
inarched 40 miles and attacked the town without dismounting the men 
about sunrise on yesterday. We had a brisk fight for an hour or more 
iind had five men wounded — none dangerously — Capt. Boice, William 
Gordon and three others. We killed about thirty of them, among the 
numl)er, ceriain, a son of Old Brown, and almost certain Brown himself; 
destroyed all their ammunition and provisions, and the boys would burn 
the town to the ground. 7 could not help it. 

We must be support-'d by our friends. We still want more men and 



KANSAS AND KANSANS 617 

ammunition, amnuinition of all sorts. Powder, muskets, balls and caps 
is the constant cry. 

I write in great haste, as I have been in saddle, rode 100 miles, and 
fou.Lilit a battle without rest. Your friend, 

Reid. 

Another account of the battle, dated at Bull Creek, September 1st, 
.signed by Congreve Jackson and G. B. M. iVIaughas, Captain of Com- 
pany B, is as follows : 

The enemy commenced tiring on us at half a mile, which is point 
blank range for Sharp's Rifles. They had taken cover under a thick 
growth of underwood and numbered about 150. We charged upon them, 
having to march 800 yards across an open prairie, against an unseen foe, 
through a hail-storm of rifle bullets. This was done with a coolness and 
ability unsurpassed, until we got within 50 yards of them when we com- 
menced a galling fire, which together with some telling rounds of grape 
from our cannon, soon drove them from their hiding place with a loss 
of some 20 or 30 men killed. We had lost not a single man, and had only 
five or six wounded. 

Fifty years after the battle of Osawatomie, Judge James Hale of 
Lexington, Mi.ssouri, wrote the following account of the battle at Osa- 
watomie : 

On the 29th of August, 1856, our army of 1,200 mounted men with 
nine cannons was encamped on Bull Creek, about thirty miles north of 
Osawatomie, when information was received that Capt. John Brown 
with his command was at Osawatomie. A force of 300 men with one 
piece of artillery, all under command of Gen. John Reid were ordered 
to proceed to Osawatomie in search of the noted abolition commander. 
We left camp alx)ut 4 o'clock in the afternoon and after traveling all 
night crossed the Marais des Cygnes river about thi-ee miles above 
Osawatomie a little after sunrise on the morning of the 30th. After 
crossing a wide bottom we ascended the blulT. On the uplands was a 
corn field .iust to the left of the road which ran north and south and 
turned east at the southwest corner of the field. Just as the head of our 
column turned the corner of the fence, Capt. Brown's pickets, three 
mounted men, were encountered. Well armed both parties prepared to 
fire. One of our men who was riding with his revolver in his hand 
with the hammer sprung getting the first shot when one of the pickets 
fell from his horse dead with a bullet through his heart. It was dis- 
covered that he was Frederick Brown, son of Capt. John Brown. The 
other two men were overtaken in a small thicket about seventy-five 
yards from where 3'oung Brown's body lay and killed. I was near the 
rear of the column and did not hear the firing and knew nothing of 
what had occurred until I saw young Brown's corpse where it lay across 
the road, with a pool of blood under his breast. I did not see the dead 
bodies of the other two pickets, but I saw their horses and arms in 
possession of our men. 

As the road here ran east and skirted the timber, for fear of being 
fired on from the brush, we turned to the right in the prairie and formed 
two lines, the second line being about 100 feet in the rear of the first, 
and advanced in the direction of the town which was probably two 
miles distant, until we reached the summit of a ridge about a half mile 
west of and in full view of the town from which place we could see 
Capt. Brown's company. They connnenoed firing on us at a lively rate 



61H KANSAS AND KANSANS 

with Sharp's rifles at the distance of 400 yards, their bullets zipping 
around our heads uncomfortably close. We dismounted immediately, 
picketed our hoi-ses, formed a long line and charged as fast as we could 
run in the direction of where the Brown company was concealed in the 
bush. AVe ran down hill which probably saved the lives of some of our 
men as it was discovered after the battle that several of them had bullet 
holes through their hats above their heads. Just north of where we left 
our horses was a thicket and just north of the thicket our cannon was 
stationed. When we had reached a point 100 yards from Capt. Brown's 
men the cannon was fired. Our opponents then ceased firing and fell 
l)ack into the woods and we did not see anything more of them though 
the cannon was fired into the wood the second time. Soon after, when a 
well dressed man came out of a thicket seventy-five yards from ils and 
surrendered, he was a pro-slavery man fi'om Missouri and had been run- 
ning a sawmill near Osawatomie. We protected him and sent him to the 
rear under guard, M'here our wounded men were being attended to by 
the surgeons. The guard soon returned, when a desperado who was with 
us went back to the field hospital and shot and killed this man without 
cause or provocation. The man was a prisoner under our protection and 
many of our men condemned the act in the plainest language. Soon 
after the battle ceased some of our men went into the town with the 
cannon and in a short time I heard its reports and saw smoke rising. 
When they returned they informed me that part of the town had been 
burned without authority of Gen. Reid. Our commander-in-chief of our 
army was ^lajor Gen. D. R. Atchison. Col. A. W. Doniphan was present 
unofficially in camp, l)Ut neither was at Osawatomie. 

J.vMES Hale, 
Lieut, of Capt. Larry Boyce's Co. 
Lexington, Mo., Aug. 1, 1906. 

Judge Hale says tliat some of the Missourians at Bull Creek marched 
liack to Missouri on the 31st, but most of them remained at the camp. 

On the 31st day of August, General Lane determined to di-ive this 
force of RuffiatLs out of Kansas. The Free-State men under him at 
that time numbered nearly two hundred, being one hundred and forty- 
three cavalry and about one hundred and fifty infantry. Colonel 
0. E. Learnard was in command of the cavalry forceS; which consisted 
o£ a number of small companies. Lane led his forces from Lawrence 
to the Santa Pe Trail, over which he advanced toward the Border- 
Ruffian camp. The cavalry led the march. Colonel Learnard found 
the Missourians drawn up in line of battle on the west side of Bull 
Creek on both sides of the Santa Fe Trail. They opened fire on Learnard 
as soon as lie appeared in sight. The firing was wild and seemed to be 
done at random, which was attributed to the amount of whisky the 
Ruffians bad been permitted to imbibe. Lane soon came up, and there 
was a battle of about au liour. The Free-State men fired delilierately, 
killing several IMissourians and wounding many. The Missouri officers 
would ride along the lines and strike their soldiers over the head for not 
.shooting better. They also tried to force them to advance; and their 
shooting did not improve. As darkness came on the Free-State men 
drew off and went back to Black Jack, whei-e they camped. Next morn- 
ing Lane sent Learnard with his cavalry to define tlie position of tlie 
Ruffians. He fotind a force advancing up tlie Trail, lint it immedialely 



KANSAS AND KANSANS 619 

retreated upon the approach of Learnard. Later it was discovered that 
this company was only thrown out to cover the retreat of the Mis- 
sourians. When Learnard got to Bull Creek, he saw the train of the 
Missoui-iaus, about forty wagons, going up the Ijanks through the timber 
headed for Missouri. Most of the Missouriaus had retreated to Kansas 
City during the night. They arrived there the next morning in great 
disorder. Atchison had not been at Bull Creek for a day or two, but 
was in Kansas City under the influence of whisky. He was furious when 
his forces straggled into the town, and swore that if his men would not 
light he would not lead them again into Kansas, but he did lead his 
forces back within a few days. 

While General Lane was driving the Bull-Creek camp of Ruffians 
out of the Territory, Marshal Donalson, with his deputies, Newsem and 
Cramer, determined to arrest the leading Free-State men on the old 
warrants, which he still carried. He placed himself at the head of a 
band of Territorial militia and scoured Douglas County. Those citizens 
found at home were arrested. For two days the country west of Law- 
rence was pillaged. Seven hoases were burned, among them those of 
Judge Wakefield and Captain Samuel Walker. Well-laden with loot, 
and marching their prisoners before them, they retreated to Lecompton 
when they heard of the return of General Lane from the battle at Bull 
Creek. Lane decided to attack Lecompton and liberate the prisoners. 
He divided his forces, sending one division to march on the north side 
of the Kansas River. Lane was to march on the south side and occupy 
the high land above the town. Colonel Harvey moved on the 4th of 
September with a force of one hundred and fifty men. He arrived at 
a position opposite the town and camped in the rain, which continued 
all night. Seeing nothing of Lane on the following morning, he re- 
turned with his command to Lawrence. Lane had been delayed, and 
Colonel Harvey found that he had marched and was at Lecompton, 
having reached there about the time that Harvey had gotten to Lawrence. 
The appearance of Harvey on the north side of the river had demoralized 
the Territorial militia, and a good part of that force refused to continue 
the work of pillaging and burning assigned to them by Governor Wood- 
son. Another body of the Territorial militia returned home in disgust. 
General Richardson tendered his resignation as commander of the militia 
to Governor Woodson on the 5th. All this had resulted from the 
appearance of Colonel Harvey's troops on the north side of the river. 
When Lane appeared, at four o'clock P. M., on the heights above the 
town of Lecompton, there was no force under command of Governor 
Woodson to defend the town. Woodson made a hasty appeal to Colonel 
P. St. George Cooke to protect the town from Lane. Lane sent Captain 
Cline and Charles H. Branscomb with a flag of truce to General Marshall, 
the only officer left in charge of the Territorial militia, demanding an 
unconditional surrender of the Free-State prisoners. General Marshall 
replied that they had been released that morning, and that they would 
be escorted to Lawrence on the following day by a company of dragoons. 



620 KANSAS A\D KANSANS 

He demaink'd that the prisoners in the hands of the Free-State men be 
released. 

Just as his messengers were returning from the Border-Ruffiau camp, 
Colonel Cooke arrived at Colonel Lane's headquarters. "Gentlemen," he 
said, ' ' you have made a great mistake in coming here today. The Terri- 
torial militia was dispersed this morning. Some of them have left. Some 
are leaving now, and the rest will leave to go to their homes as soon 
as they can." Marcus J. Parrott made this reply: "Colonel Cooke, 
when we sent a man, or two men, or a dozen men, to speak with the 
Territorial authorities, they are arrested aud held like felons. How, 
then, are we to know what is going on at Lecompton? Why, we have 
to come here with an array to find out what is going on. How else 
could we know?" The prisoners which had been recently taken by the 
Border-RuiBans were permitted to go over to the Free-State men and 
return to Lawrence the following day. These were only the prisoners 
who had been taken since the attack on Franklin, and not the treason 
prisoners. 

Lawrence was filled with refugees from Leavenworth. On the 1st 
of September an election had been held there for Mayor, at which one 
Murphy was elected. He proceeded to expel every Free-State man 
from the town. He broke open stores and private houses and expelled 
the occupants without regard to age or sex. His men attacked the house 
of William Phillips, who had been tarred and feathered, as before noted. 
Phillips supposed that he was to be again mobbed and defended himself, 
killing two of the Ruffians. He was immediately fired on and received 
a dozen balls in his bodj', falling dead in the presence of his wife. 
Fifty citizens of Leavenworth were placed on the steamboat Polar Star 
and the Captain ordered to remain until given permission to leave. 
On the next daj' Captain Emory assembled a force of eight hundred 
Ruffians and paraded the town. He collected one hundred men, women 
and children, and drove them aboard the Polar Star. The commandef' 
at Fort Leavenworth refused to protect the people, and put up notices 
for them to leave the fort and grounds. Many of them were compelled 
to wander on the prairie in danger of being murdered by marauding 
parties. Some of them attempted to board downward-bound boats and 
were shot. Of those who escaped some were seized at Kansas City and 
other Missouri towns, and returned. The Territory was rapidly filling 
up with bands from Mis.souri in response to Woodson's proclama- 
tion.^ 



' In a letter to the St. Louis Democrnt, dated IMay 27, 1857, was this 
account of the exploit of one Fugit. 

"Fugit is the same per.son who made a bet in this city [Leavenworth], 
last August, that before night he would have a Yankee scalp. He got 
a horse, and rode out into the country a few miles, and met a German, 
a brother-in-law of Rev. E. Nute, named Hoppe. He asked if he was 
from Lawrence. Hoppo replied that he was. Fugit immediately leveled 
his revolver and fired, the shot taking cfl'ect in the temples, and Hoppe 
fell a corpse. The a.ssassin dismounted from his horse, cut the scalp from 
the back of his head, tied it to a pole, and returned to town, exhibiting 



KANSAS AND KANSANS 62.' 

A council of war was held iu Lawrence to decide what should be 
done in this emergency. Marcus J. Parrott, F. G. Adams, H. Miles 
Moore, and many other refugees iu Lawrence, urged that the Free- 



it to the people, and boasting of his exploit. The body of the victim 
was found shortly after, and buried on Pilot Knob, about two miles 
distant from this city. This same Fugit is one of the party who, when 
the widow came from Lawrence to look for her husband 's corpse, forced 
her on board of a steamer and sent her down the river." 

The point where Fugit killed Hoppe is three miles southwest of 
Leavenworth and about one mile from the pres-ent city limits. The 
murder was committed on the 19th of August, 18.56, There was a cross- 
ing of Three-mile Creek at that point, and Jacob Swagglcr kept an inn 
there, and sold groceries and liquoi". The liouse of Swaggler was about 
a quarter of a mile above the crossing, ilr. Hoppe had landed at Leaven- 
worth and hired a horse and buggy iu which to go to Lawrence to visit 
his brother-in-law, Eev. E. Nute. He was returning the horse and buggy 
at the time he met Fugit. Fugit was a grandson of Major Todd, of 
Platte County, Missouri. He had an uncle, Marion Todd, living about 
seven miles southwest of Leavenworth, near what is now the town of 
Boling. Fugit had made the bet in a Leavenworth saloon mentioned in 
the above-named letter. He started out toward the home of his uncle. 
He met Hoppe on the west side of Three-mile Creek. What was said 
is not known, but Fugit shot him. The horse ran across the creek, when 
Hoppe 's body fell out of the buggj', his feet entangled in the line, which 
stopped the horse, Fugit followed him back, and when he came up 
with the dead body, scalped it. Two children, Jimmie Rhodes, six or 
seven years old, and his sister, were gathering plums there in a thicket 
and saw the murder, Fugit returned to town with the scalp and exhibited 
it and collected his wager. He then went to his uncle's where he also 
exhibited the scalp. His aunt was horrified and told him he had better 
leave the country. He went to Texas. In about a year he came back 
to Leavenworth and was tried before Judge Lecompte. Mrs. Todd was 
spirited away and not permitted to appear against him. The court ruled 
that the evidence of the children could not be admitted, as they were too 
young. This made it impossible to convict him of the murder. Fugit 
then went back to Platte County, but his crime was too brutal for even 
the Missourians of that day. They would have little to do with him, 
and he dropped out of sight. 

Barnabas Gable moved to Platte County, Missouri, from Knoxville, 
Tennessee, in 1839, He settled on a claim in Platte County, near Camden 
Point. He moved into Leavenworth County in 1854, settling on a claim 
three miles southwest of Leavenworth, He was a Free-Stat'e man. He 
had been to Leavenworth with a load of hay, and was returning home on 
the day of the murder, Fugit passed him, and he heard the shot which 
was fired by F\igit, When he came near the crossing he found the dead 
and scalped body of Mr, Hoppe. 

A Mr. Lightburn of Platte County, IMissouri, was a wagon-master for 
government trains at Fort Leavenworth, He had ridden ahead of his 
train, which was going out the same road taken by Fugit, and stopped in 
a thicket to get some plums. Gable had passed him at the thicket, 
Lightburn soon came up to where Gable had found the dead body. He 
and Gable carried the body to the cabin of a Mr. Wallace, who was a 
Kentuckian, and a red-hot Free-State man. AVallace lived half a mile 
back toward Leavenworth. On the following daj' an inquest was held 
over the body of Mr. Hoppe. He was buried on Pilot Knob. l)ut his 
grave was never marked. 



622 KANSAS AND KAXSANS 

State men march to Leavenworth. It was decided iu tlie couucil to cross 
the Kansas Eiver from Lawrence with the Free-State forces and march 
on Leavenworth City. Before the council adjourned, Old John Brown 
rode into Lawrence. He was heralded as a deliverer and met with shouts. 
The majority of the Free-State men immediately elected him their com- 
mander and proposed to march at once on Leavenworth. Brown de- 
clined, saying that he could not supersede Colonel Harvey. 

The next week Colonel Harvey, with Captain Hull of Jeti'ersou 
County, and Captain Wright of Leavenworth Coiintj', began offensive 
operations north of the Kansas River. At Slough Creek, near the 
present town of Oskalonsa, on tlie 11 th of September, they attacked a 
Border-Ruffian force and captured it. This was two days after the 




Hickory P()1> 



[From ('oj)y by Willard of Painting by S. J. Reader in Library of 
Kansas State Historical Society] 

arrival of Governor Geary. As .soon as Geary arii\eil he had a con- 
sultation with Lane and re(iuested him to leave the Territory until he 
(Geary) could see what might be done in restoring order. Lane notified 
Colonel Harvey that it might lie well to return to Lawrence, which he 
did, arriving there on the 12tli of September. General Lane, in accord- 
ance with his agreement with Governor Geary, left Lawrence. On the 
11th he was at Ozawkie in eonnnand of some thirty men. There he was 
informed that the Border-Ruffians had burned the town of Grasshopper 
Falls and were still ravaging the country. The settlers urged him to 
do .something in their behalf. He sent to Topeka for help. In response 
to this call Captain "Whipple, as Aaron D. Stevens was then known, 
joined him on the morning of the 13th, with about fifty men. Lane 
immediately marched to Hickory Point, where the enemy was found 
so strongly fortified that it was impossible to make a successful attacl^ 
without cannon. He dispatched a messenger to Tiawrence a.sking further 



KANSAS AND KANSANS 623 

reinforcements and Bickerton's cannon. The messenger eanie in just 
as Colonel Harvey returned from Slough Creek. With such men as 
were still able to march, Colonel Harvey started across the country 
to Hickory Point and arrived there on the forenoon of Sunday, Sep- 
tember 14th. General Lane did not wait the arrival of Colonel Harvey, 
who, upon his arrival at Hickory Point, opened fire on the Border- 
Ruffian.s. The battle lasted several hours and the Pro-Slavery force 
surrendered. The losses were, Border-Ruffians, one killed, four wounded ; 
Free-State, five wounded. The Ruffians were I'eleased on parole and 
the Free-State men started on their return to Lawrence. 

That Lane left the Territory at the request of Governor Geary 
tliere is little doubt. F. B. Sanborn, the friend of Kansas for more 
than half a century, has often so told this author. 

Lane could trust Kan.sas in the hands of Governor Geary, as ho 
believed. The campaign of August and the early part of September had 
been a brilliant one. Lane had kept Kansas in the eyes of the Nation. 
He had done an immense service to the young Republican party. Kan- 
sas very nearly swept Fremont into the Presidency. And it was due 
to the efforts of Lane in Kansas, largely, that the party made so formid- 
able an antagonist for the old entrenched Pro-Slavery Democracy. 

If Governor Geary would take up the campaign against the Mis- 
souri invaders and complete the work so well begun, Lane could 
well permit him to do so. He left the Territory, and Geary proceeded 
to deal with the Border-Ruffians through the military arm of his 
power. 

This agreement with Geai'y also included John Brown, who did 
leave the Territory a little later and spent the winter laboring with 
Legislatures and the people to raise money to continue his fight against 
slavery. 

That the Missourians recognized the elSciency of Lane's campaign 
is shown by the appeal which they issued : 

From the Fcoplr of Kansas Territory to the People of the Union. 

We have received from Kansas City a printed paper intended as an 
appeal to the People of the United States in relation to Kansas affairs. 
It is quite long, and takes a general view of events as they have trans- 
pired in relation to that Territory since the passage of the bill of its 
organization. It is not necessary for us to transfer this portion of the 
Appeal to our colunms. and we content ourselves with siving the last 
half of it. 

To all this we submitted, under the promise that the laws should 
be enforced, our lives and property protected. 

What has been the result? The House of Representatives proceeds 
with its efforts to disorganize our government — to set aside all our laws — 
to bring anarcliy upon us. 

The army falsely represented as our protection, is required to be dis- 
banded, unless we are deprived of the protection of the law ! ! 

Mass meetings are held in every non-slave-holding State to con- 
tribute aid to the rebels and assassins in our midst. National Conven- 
tions assembled to devise means for raising an army to destroy ns. Lane 
— a traitor — a fugitive from .iustice. is ])ermitt('(1 openly to traverse nue 






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626 KANSAS AND KANSANS 

ness shall reign in our countiy. If we are vanquished, you too will be 
victims. 

Let not our appeal be in vain. 

D. K. Atchison. 

B. P. Tbe.\dwell. 

Jos. C. Anderson. 

R. G. Cook. 

T. H. RossER. 

Wm. H. Tebbs. 

Wm. J. Preston. 

S. F. Jones. 

A. A. Preston. 

J. H. Stringpellow. 

P. T. Abell. 

August 26, 1856. 

"We, citizens of Missouri, urge our fellow citizens and the citizens of 
other States to respond to the above call of the citizens of Kansas. 

A. W. Doniphan. 

Oliver Anderson. 

Henry L. Routt. 

A. 6. Boone. 
Jesse Morin. 
Jno. W. Reid. 

B. F. Stringfellow. 



1194961 

CHAPTER XXXIII 
THE REPUBLICAN PARTY 

The principal difference between the two great political parties prior 
to 1850 was one of interpretation of the Federal Constitution. The 
Democratic party had contended for a strict construction, counting the 
constitution a compact between sovereign States, insisting that the 
government formed under it was limited to those functions explicitly 
authorized by its terms. The Whigs believed that by the adoption of 
the constitution the States were merged into a nation with the right to 
do any and all things necessary for its growth and maintenance whether 
directly specified in that instrument or not. They were known as loose 
constructionists, and were favorable to protective tariffs, internal improve- 
ments, and national bank currency, and they came finally to insist that 
the Federal Government could and should control slavery in the Ter- 
ritories. They were the successors of the Federalists, from whom they 
inherited their principles and tendencies, which had been formulated 
chiefly by Alexander Hamilton. 

Neither of these parties was sectional, and up to 1850 the Whigs 
did not constitute an anti-slavery party, nor the Democrats a Pro- 
Slavery party. In 1848, for President the Whigs nominated Zachary 
Taylor, of Louisiana, a slave-holder, and did not adopt a platform. 
The Democrats nominated Lewis Cass, of Michigan, on a strict con- 
struction platform. The Whigs were successful, but in 1850, Henry 
Clay, their leader, proposed a compromise of the conflicting claims 
growing out of slavery and related questions. The principles of this 
compromise were enacted into laws, that having the greatest influence 
on the future of the country being the Fugitive Slave Law, which was 
much more stringent than any former statute on the subject. Fugi- 
tive slaves were to be by Federal officials restored, wherever found, to 
their owners without trial by jury, and all citizens were expected to aid 
in such restoration. The people of the North objected to being set to 
slave hunting for Southern masters, and some States enacted what was 
known as personal liberty laws, designed to protect free negroes and 
fugitive slaves; and the Underground Railroad, over which fugitive 
slaves were assisted to reach Canada, became a well-organized and ef- 
ficient institiition. 

The Fugitive Slave Law killed the Whig party. Its dissolution 
furnished the material for numerous small groups, none of them of 
enough importance to be called a national party. The Northern Whigs 
627 



628 KANSAS AND KANSANS 

called themselves Anti-Nebraska IMen, as they opposed the first attempts 
to organize a Nebraska Territory west of Missouri and Iowa. The Barn- 
burners became the Free-Soil Democrats. All shades of political opin- 
ion were represented by groups, down to Hunkers and Know-Nothings. 
As the slavery conflict developed there came a gradual realignment 
of parties, most of these minority groups going over to the Anti- 
Nebraska Men, who, in 1855, had called themselves the Republican party, 
and in 1856 a National Republican party was organized. The new 
party was in fact successor to the Federalist and Whig parties, and it 
inherited their loose construction principles, the policies of protective 
tariff, internal improvements, national bank currency, and it added 
the burning issue of opposition to the extension of slavery. 

In 1856 the National Convention of the Republican party was held 
at Philadelphia, on the 17th of June. Most political elements in the 
United States opposed to the Democratic party were represented in the 
Convention. The National issue at that time was Kansas. The Repub- 
lican party championed the Kansas cause, and free Kansas was its plat- 
form. The nature of the contest in Kansas Territory was such that 
it appealed to aU anti-slavery people without regard to. their former 
political affiliations. The issue thus made appealed to the people gen- 
erally in the Free States. John C. Fremont was nominated as the candi- 
date of the party for President. So vital were the principles declared 
by the Republican party that it came near electing its candidate for 
President in its first national campaign. The Free-State men of Kan- 
sas who took part in this campaign exerted a wonderful influence. In 
this matter James H. Lane did more than any other Kansan. 

The wonderful showing made at the polls by the Republican party 
in 1856, made it certain that the party thus formed of the anti-slavery 
elements of the country, would become a permanent political party in 
America. That it may be known to just what extent Kansas entered 
into the platform of this party in 1856, it is believed necessarj- to here 
set out that platform complete : 

This Convention of Delegates, assembled in pursuance of a call ad- 
dressed to the people of the United States, without regard to past . 
political differences or divisions, who are opposed to the repeal of the 
Missouri Compromise, to the policy of the present Administration, to 
the extension of Slavery into Free Territory; in favor of admitting 
Kansas as a Free State, or restoring the action of the Federal Govern- 
ment to the principles of Washington and Jefferson, and who propose 
to unite in presenting candidates for the offices of President and Vice- 
President, do resolve as follows: 

Kesohed, That the maintenance of the principles promulgated in the 
Declaration of Independence and embodied in the Federal Constitution 
is essential to the preservation of our republican institutions, and that 
the Federal Constitution, the rights of the States, and the Union of the 
States, shall be preserved. 

Ix'csolved, That with our republican fathers we hold it to be a self- 
evident truth that all men are endowed with the inalienable rights to 
life, liberty and the pursuit of happines-s, and that the primary ob.ieet 
and ulterior designs of our federal government were to .secure these 



KANSAS AND KANSANS 629 

rights to all persons within its exclusive jurisdiction ; that as our repub- 
lican fathers, when they had abolished slavery in all our national terri- 
torj', ordained that no person should be deprived of life, liberty or prop- 
erty without due process of law it becomes our dut.v to maintain this 
provision of the Constitution against all attempts to violate it for the 
purpose of establishing slavery in any territory of the United States, 
by positive legislation, prohibiting its existence or extension therein. 
That we deny the authority of Congress, of a territorial legislature, of 
any individual or association of individuals, to give legal existence to 
slavery in any territory of the United States, while the present Con- 
stitution shall be maintained. 

Resolved, That the Constitution confers upon Congress sovereign 
power over the territories of the United States for their government, 
and that in the exercise of this power it is both the right and the duty 
of Congress to prohibit in the Territories those twin relics of barbarism — 
polygamy and slavery. 

Resolved, That while the Constitution of the United States was 
ordained and established by the people in order to form a more perfect 
Union, establish justice, insure domestic tranquillity, provide for the 
common defense, and secure the blessings of liberty, and contains ample 
provisions for the protection of life, liberty and property of every citizen, 
the dearest constitutional rights of the people of Kansas have been 
fraudulently and violently taken from them — their territory has been 
invaded by an armed force — spurious and pretended legislative, judicial 
and executive officers have been set over them, by whose usurped author- 
ity, sustained by the military power of the Government, tyrannical 
and unconstitutional law^s have been enacted and enforced — the rights 
of the people to keep and bear arms have been infringed — test oaths 
of an extraordinary and entangling nature have been imposed, as a 
condition of exercising the right of suffrage and holding office — the right 
of an accused person' to a speedy and public trial by an impartial jury 
has been denied — the right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures has 
been violated — they have been deprived of life, liberty and property 
without due process of law — that the freedom of speech and of the press 
has been abridged — the right to choose their representatives has been 
made of no effect — Diiirdi-rs. I'oliberics and arsons have been instigated 
and encouraged, and \\\r (iftViidrrs have been allowed to go unpunished — 
that all these things li;i\r Ix'cn done with the knowledge, sanction and 
procurement of the present Adraini.stration, and tliat for this high crime 
against the Constitution, the Union and Humanity, we arraign the 
Administration, the President, his advisers, agents, supporters, apologists 
and accessories, either before or after the facts, before the country and 
before the world, and that it is our fixed purpose to l)ring the actual 
perpetrators of these atrocious outrages and their accomplices to a sure 
and condign punishment hereafter. 

Resolved, That Kansas should be immediately admitted as a State of 
the Union, with her present free Constitution, as at once the most 
effectual way of securing to her citizens the enjoyment of the rights and 
privileges to which they are entitled, and of ending the civil strife now 
raging in her territory. 

Resolved, That the highwayman's plea, that "might makes right," 
embodied in the Ostcnd Circular, was in every respect unworth.v of 
American diplomacy, and would bring shame and dishonor upon any 
government or people that gave it their sanction. 

Resolved. That a railroad to the Pacific Ocean, by the most central 
and practicable route, is imperatively demanded by the interests of the 



630 KANSAS AND KAXSAXS 

whole country, and that the Federal Goveriiinoiit ought to render immedi- 
ato and efficient aid in its construction: and, as an auxiliary thereto, the 
immediate construction of an emigrant route on the line of the railroad. 

Resolved, That appropriations by Congress for the improvement of 
rivers and hai'bors, of a national character, required for the accommoda- 
tion aud security of our existing commerce, are authorized by the Con- 
stitution, and .iustified by the obligation of government to protect the 
lives and property of its citizens. 

Resolved, That we invite the atBliation and co-operation of freemen 
of all parties, Ikiwcvim- dit'tVi'ing from us in other respects, in support 
of the principles licnMii dnlareil; and. believing that the spirit of our 
institutions, as well as the Constitution of our country, guarantee liberty 
of conscience and equality of rights among citizens, we oppose all legis- 
lation impairing their security. 

Kansas also furnished a part of the Democratic platform in 1856. 
The National Convention of the Democratic party was held at Cincin- 
nati on the 2d of June. The course of the party in Kansas could not 
be endorsed before the country, and the Democratic party was com- 
pelled to adopt generalities rather than point to its course in Kansas 
Territory. 

As to Slavery, the Convention resolved that Congress has no power 
to interfere with it in the States; that all efforts to induce Congress to 
interfere with (|uestions of slavery ought to be discountenanced, as they 
lead to dangerous con.sequences. That the Democratic party will abide 
by a faithful execution of the compromise measures of 1850, including the 
fugitive slave law, "which act cannot, with fidelity to the Constitution, 
be repealed, or so amended as to destroy its efficiency." That the Demo- 
cratic party will resist all slavery agitation in or out of Congress. That 
they will uphold the resolutions of 1798. That, repudiating all sectional- 
ism, they adopt the principles of the Kansas-Nebraska bill — that is, the 
non-interference of the general government with slavery, which was the 
basis of the compromise measures. That they recognize the right of new 
States to regulate their domestic in.stitutions. with or without slavery, 
as they please. That the party is in favor of State Rights, and against 
monopolies and special legislation for sectional benefit. 

The contrast between the evasive, time-serving paragraph in the 
Democratic platform, and the stirring and magnificent appeal to moral 
sentiment of tlie country to be found in the Republican platform, has 
seldom been equaled in party declarations in the United States. The 
assertion of Abelard Guthrie that the Republican party was the i-esult 
of the efforts to combat the course of the Democratic party in regard 
to Nebraska Territory, later Kansas Territory, is well established. The 
national character of Kansas history is in no other way so well proven 
as in a study of the political conditions in America from 1845 to 1860. 
The great questions of tlie day in all that period touched Kansas, and 
for nearly ten years of that time, Kansas was the paramount question 
in American politics. And the Civil War resulted from the success 
of the Free-State men in Kansas. There the two national parties were 
struggling — one for the supremacy of Freedom, the other for Slavery. 



KANSAS AND KANSANS 631 

When Freedom won, Slavery endeavored to destroy the Union. The 
same struggle that had raged in Kansas was transferred to the whole 
countrj^, with the life of the Union at stake. And the Kansas princi- 
ples triumphed in the nation. Kansas has a national history — no other 
State has such a history. 



CHAPTER XXXIV 
JOHN W. GEARY 

The third Governor of Kansas Territory was John "White Geary. He 
was born in Westmoreland County, Pennsylvania, December 30, 1819; 
died in the city of Harrisburg in the same State, February 8, 1873, in his 
fifty-fourth year. He was of Scotch-Irish extraction, and a man of 
great force of character, undoubted courage, and possessed of execu- 
tive ability of high order. 

The death of his father made it necessary for him to quit college 
and labor for the support of his widowed mother and family. For a 
time he engaged in teaching, and was afterwards a clerk in a store in 
Pittsburgh. He studied law and civil engineering. The latter profes- 
sion he practiced in Kentucky and Pennsylvania. He entered the mil- 
itary service in the Mexican "War, and was appointed Lieutenant-Colonel 
of the Second Pennsylvania Regiment "V^olunteers. He fought under 
command of General Scott, and was made a Colonel for bravery. Upon 
the capture of the City of IMexico he was appointed its commandant. 
In 1848 he was appointed postmaster of San Francisco, with power to 
establish postoffices and postroads on the Pacific coast. He was the 
Alcalde of the city, and in 1850 he was elected the first Llayor of San 
Francisco. He bore a prominent part in the work of establishing the 
government of California. In 1852 he returned to Pennsylvania and 
retired to his farm. 

The disorders which marked the closing weeks of Governor Shan- 
non's administration of Kansas affairs aroused deep indignation in the 
North. This feeling was not confined to the opposition to the Demo- 
cratic party. Many Democrats cried out against the evils of the course 
of the national Administration in relation to Kansas. In fact, it began 
to be feared that if these matters were not mended they would mend 
themselves in the defeat of the Democratic party in the Presidential 
election in the following autumn. It became necessary to suppress the 
disorders in Kansas as a political measure. Colonel Geary was appointed 
Governor of Kansas Territory July 31, 1856. He was selected for the 
position because of his firmness and recognized executive ability. He 
was not an applicant for the office. He spent a month in arranging 
his private affairs, and in consultation with the President. He departed 
for his field of labor about September 1st. He came armed with greater 
discretionary powers than had been given to either of his predecessors. 

The condition of Kansas was at this time truly deplorable. For a 
632 



KANSAS AND KANSANS 633 

year last past the executive power and authority had been so weakly 
wielded that they were virtually a means for the oppression of a 
majority of the actual residents of Kansas, and often this oppression 
was better termed persecution. This was by design, and with the 
approval of the cabal of conspirators having in hand the Federal Admin- 
istration. "When Governor Shannon let the executive authority slip 
from his nerveless grasp and fled in terror of his life, it fell into the 
hands of the mob. Indeed, it was even worse. Had it been into the 
hands of the mob alone that the executive power of Kansas had fallen, 
the blindness of those exercising it would have rendered it a compara- 
tively harmless weapon. But it had been seized by the cunning lead- 
ers of a gross and brutal mob in a foreign State. In addition to its 
incendiary inclinations and ferocious tendencies, this mob was skillfully 
played upon and manipulated against the representatives of freedom 
and free institutions in Kansas. The conditions producing this mob 
made it one of extermination, moved by a hatred stimulated to a thirst 
for blood by those now in possession of the executive power of the Ter- 
ritory, flung away by an agitated old man fleeing for his life. 

The formative period was now past in Kansas Territory. Matters 
had drawn themselves to hard and inflexible issues. The energies of 
parties fixed by recent events exhausted themselves in fortifying posi- 
tions already seized. With the Free-State party this course was a 
matter of necessity, and its position was one of self-defense purely. 
This was forced upon it by the action of the bogus Legislature when 
it made the issue for itself and its adherent Slavery — Slavery alone. 
The test laws had so aroused the Free-State men that at the Big Springs 
convention they not only met the issue, Slavery, and set opposite that 
barbaric institution. Freedom, but they did more. Stung to indigna- 
tion, they avowed resistance to all the bogus laws. This new issue was 
met by the advocates of slavery by the organization of the Law and 
Order party — a vigilance committee or assassination society as vicious 
and bloodthirsty as ever walked a Paris street or stole through the 
darkness of a Corsican waste. At the head of this party stood Governor 
Shannon, sustained by the President of the United States and his political 
party. The attempts to enforce this issue drenched the land in blood and 
made lurid the sky blackened with the smoke of burning homes, and 
finally sent the Governor away in panic, horror and despair, and with 
assassins in close pursuit. 

This was the condition awaiting Governor Geary. It is well that 
he was a soldier, and came determined to bravely do a soldier's duty. 
He interviewed Governor Price of Missouri while on the way to his 
hopeful government, and prevailed upon that functionary to take steps 
to reduce or terminate the piracy practiced by the Border-Kuffians on 
the vessels navigating the Missouri river. 

The leaders of the Missouri mob were at this time hopeful that the 
Governor would delay his arrival. Their most willing and trusted 
tool was now the Acting Governor. No plan could be proposed for 
murder or rapine that he would not sanction, could he be brought to 



634 KAXSAS AND KAXSANS 

believe that the establishment of slavery in Kansas would be forwarded 
by it. Under a few days of his pernicious and mischievous direction 
of Kansas Territorial affairs anarchy sprang spontaneously from the 
disorders of the border and terror took hold upon the people. On the 
25th of August he had issued a proclamation "declaring the said Ter- 
ritory to be in a state of open insurrection and rebellion," and calling 
upon all "law-abiding citizens of the Territory to rail}' to the support 
of the country and its laws." This proclamation opened the gates of 




Gov. John W. Ge.\ry 

[Copy l)y Willafd of Portrait in Library of Kansas State Historical 
Society] 

the border. Urged by their leaders under this sanction of authority, 
the hordes were hurrying from ]\Iissouri into Kansas Territory. At 
points too remote from the border for the inhabitants to feel interest 
enough to come over and help at their own expense, companies were 
solicited and raised at so much per diem, and whisky, per head. The 
incoming Governor's introduction to the "Kansas militia" was at 
Glasgow, Missouri, where a company of it embarked for Kansas. The 
incident is thus described by Dr. Gihon : 

On approaching this town a most stirring scene was presented. The 
entire poimhitinn of the city and surrounding neighborhood was 



KANSAS AND KANSANS 635 

assembled upon the high bank overlooking the river, and all appeared 
to be laboring under a state of extraordinary excitement. Whites and 
blacks, men, women and children of all ages, were crowded together in 
one confused mass, or hurrying hither and yon, as though some ter- 
rible event was about to transpire. A large brass lield-pieee was mounted 
in a prominent position, and ever and anon belched forth a fiery flame 
and deafened the ear with its thundering war-like sounds. When the 
Keystone touched the landing a party of about sixty, comprising Cap- 
tain Jackson's company of Missouri volunteers for the Kansas militia, 
descended the hill, dragging their cannon with them, and ranged them- 
.selves along the shore. The captain, after numerous attempts, failing to 
get them into what might properly be termed a line, got them into as good 
a military position as possible by backing them up against the foot of 
the hill. They were as raw and undisciplined a set of recruits as ever 
shouldered arms. Their ages varied, through every gradation, from the 
smooth-faced, half grown boy to the gray-bearded old man ; whilst their 
dresses, which diflt'ered as much as their ages, gave unmistakable evi- 
dence that they belonged to any class of society excejit that usually 
termed respectable. Each one can-ied some description of fire-arms, no 
Ivvo of which were alike. These were muskets, carbines, rifles, shotguns, 
and pistols of evei-y size, quality, shape and style. Some of them were 
in good condition, but others were never intended for use, and still others 
unfit to shoot robins or tomtits. It would have been an afHictive sight to 
witness the numerous friends of this patriotic band, shaking them affec- 
tionately by the hand and in-onnuticiiig their blessings and benedictions, 
had they been enlisted in tlii'ir iMumtry's cause, to repel invasion, or 
battle with a foreign foe; but knowing the character of their enterprise, 
the feeling inspired was anything but one of admiration or even 
sympathy. 

Captain Jackson embarked his company, cannon, wagons, arms and 
ammunition on board the Keystone, and soon after she was on her 
way. Opportunities now occurred for conversation with the volunteers. 
Very few of them had any definite idea of the nature of the enterprise in 
which they had embarked. The most they seemed to understand about the 
matter was, that they were to receive so much per diem for going to 
Kansas to hunt and kill abolitionists. What this latter word meant they 
could not clearly define. They had been informed that the abolitionists 
were enemies to Missourians, some of whom had been killed, and they 
were hired to avenge their deaths. Jlore than this they neither knew 
nor cared to know. A vague notion prevailed among them that what- 
ever an abolitionist was, it was a virtue to kill him and take possession 
of his property. They seemed to apprehend no danger to themselves, as 
they had been told the abolilidiiisis would nut liirlit : but being overawed 
by the number and warlike a|i|HMr;iiiii' nf tlirii- ,iil\ i rsai-ies, would escape 
as rapidly as possible out of the TciTitory. hMvint;- hcliind them any quan- 
tity of land, horses, clothing, arms, goods and chattels, all of which was 
to be divided among the victors. They crowded around Governor Geary, 
wherever he might chance to be, eager to ask questions, volunteer advice, 
and ascertain satisfactorily, whether, in their own chaste phrase, he was 
"sound on the goose." One, more importunate than the rest, and who 
was a sort of spokesman for his companions, having made simdry elfort.s 
to receive convincing proofs of the latter-named fact, very knowingly 
■remarked, after putting an unusually large plug of tobacco into his 
mouth, and winking to those around him, as though he would say, " I'll 
catch him now; just listen." — 

" Wal. fiovner. as yer gwoin t(j Kanzics to l)e govniM. I hope yc'll not 
do what Reeder done." 

The Governor verv niii.'tlv ask-d. ••\Vhii1 was it tliat Reeder did?" 



636 KANSAS AND KANSANS 

This was a poser. 

"Whoy," said the inquisitor, breathing less freely, and shifting the 
plug of tobacco to the opposite side of his huge jaws, as if to awaken a 
new thought, — "wlioy, Reeder, you see — Reeder, he — wall, Reeder, he 
didn't do nothin'. " 

The following description of the Border-RufSan is also by Dr. Gihon ; 
It is the best I have been able to find : 

Imagine a man standing in a pair of long boots, covered with dust 
and mud, drawn over his trousers, the latter made of coarse, fancy- 
colored cloth, well soiled; the handle of a large bowie-knife projecting 
from one or both boot-tops ; a leathern belt buckled around his waist, on 
each side of which is fastened a large revolver; a red or blue shirt, with 
a heart, anchor, eagle or some other favorite device braided on the breast 
and back, over which is swung a i-ifle or cai'bine: a sword dangling by 
his side; an old slouched hat, with a cockade or brass star on the front 
or side, and a chicken, goose or turkey feather sticking in the top ; hair 
uncut and uncombed, covering his neck and shoulders; an unshaved 
face and unwa.shed hands. Imagine such a picture of humanity, who 
can swear any given number of oaths in any specified time, drink any 
quantity of bad whisky without getting drunk, and boast of having stolen 
half a dozen horses and killed one or more abolitionists, and you will 
have a pretty fair conception of a border-ruffian a-s he appears in ilis- 
souri and in Kansas. 

While Captain Jackson's company was being embarked at Glas- 
gow a boat came down the river bearing Governor Shannon. The boat 
stopped and the two Governors met. One was hurrying out of Kansas, 
pursued by avengers; the other hurrjdng in, to be pursued out in the 
same manner a little later. They had time for a short interview. It is 
described by Dr. Gihon: 

The ex-Governor was greatly agitated. He had fled in haste and terror 
from the Territory, and seemed still to be laboring under an apprehension 
for his personal safety. His description of Kansas was suggestive of 
everything that is frightful and horrible. Its condition was deplorable 
in the extreme. The whole Territory was in a state of insurrection, and 
a destructive civil war was devastating the counti'y. ^Murder i-an ram- 
pant, and the roads were everywhere strewn with the bodies of slaugh- 
tered men. No language can exaggerate the awful picture that was 
drawn; and a man of less neiwe than Governor Geary, believing it not 
too highly colored, would instantly have taken the backward track, rather 
than rush upon the dangers so eloquently and fearfully portrayed. 

Governor Geary arrived at Leavenworth on the morning of Septem- 
ber 9th. He found the town under military control. At Fort Leaven- 
worth he saw refugees seeking the protection of the military, and hand- 
bills warning them to depart on the following day. They were Free- 
State people fleeing from the mobs of Ruffians pouring into Kansas 
from Missouri on the call of Acting-Governor Woodson. Governor 
Geary found no abatement in the outrages then being perpetrated on 
the Free-State people. He believed it his duty to report conditions to 
the President and wrote a letter, from which the following extracts are 
taken : 



KANSAS AND KANSANS 637 

I find that I have not simply to contend against bauds of armed 
rufSans and brigands, whose sole aim and end is assassination and rob- 
bery; infatuated adherents and advocates of conflicting political senti- 
ments and local institutions, and evil-disposed peraous actuated by a 
desire to obtain elevated positions, but, worst of all, against the influence 
of men who have been placed in authority, and have employed all the 
destructive agents around them to promote their own personal inter- 
ests at the sacrifice of every just, honorable, and lawful consideration. 

I have barely time to give you a brief statement of facts as I find 
them. The town of Leavenworth is now in the hands of armed bodies 
of men, who, having been enrolled as militia, perpetrate outrages of the 
most atrocious character under the shadow of authority from the Terri- 
torial Government. 

Within a few days these men have robbed and driven from their 
homes unoffending citizens, have fired upon and killed others in their 
own dwellings, and stolen horses and property, under the pretense of 
employing them in the public service. They have seized persons who had 
committed no offense, and after stripping them of all their valuables, 
placed them on steamers and sent them out of the Territory. 

In isolated or country places no man's life is safe. The roads are 
filled with armed robbei's, and murders for mere plunder are of daily 
occurrence. Almost ever\' farmhouse is deserted, and no traveler has 
the temerity to venture upon the highways without an escort. 

A paragraph in his farewell to the people of Kansas throws addi- 
tional light on the conditions existing in Kansas when he arrived to 
take charge of the government: 

Desolation and ruin reigned on every hand ; homes and firesides were 
deserted; the smoke of burning dwellings darkened the atmosphere; 
women and children, driven from their habitations, wandered over the 
prairies and among the woodlands, or sought refuge and protection even 
among the Indian tribes. 

The Governor set out for Lecompton on the 10th of Sei^tember. 
On the road he detected one member of the bogus Legislature at the head 
of a band of robbers, coming upon them shortly after they had' robbed 
the store and postoffice at the Stranger Crossing. He arrived at eleven 
'clock. 

This town of Lecompton he found "debased to a lamentable degree. 
It was the residence of Sheriff Jones (who was one of the leading mem- 
bers of the town association), and the resort of horse-thieves and ruf- 
fians of the most desperate character. Its drinking saloons were infested 
by these characters, where drunkenness, gambling, fighting, and all 
sorts of crimes were indulged in with entire impunity." 

The inhabitants of the place immediately volunteered to give the 
Governor information. He was told that all the crimes committed in 
the Territory were rightly chargeable to the Free-State men. He was 
not convinced that that was true. He issued an address, in which he 
counseled reason, and asking that all bloodshed be stopped. He issued 
two proclamations, one disbanding the "Kansas militia" called out by 
Acting-Governor "Woodson, and the other directing the enrollment of 
the lawful militia of the Territory. The Adjutant-General of the Ter- 



638 KANSAS AXD KANSAXS 

ritory was one H. J. Strickler. The Governor gave him strict orders 
on the 12th of September to disarm and disband the "Kansas militia." 
Notwithstanding, the officials of the Territorj-, including Strickler, 
wholly disregarded these orders, and those who should have been in 
the field hung around Lecompton in open defiance of the Governor. 

Woodson kept the Governor in ignorance of his "open insurrection 
and rebellion" proclamation, and proceeded about his duties of Secre- 
tary with such complacency, affability, suavity, and withal bore such 
an air of confident satisfaction, that the Governor was for the moment 
deceived as to the magnitude of the storm gathering along the borders 
of Missouri. The studied contempt and disobedience of the militia ofii- 
cers made it necessary for Governor Geary to take steps to ascertain 
for himself the true state of affairs in the part of the Territory border- 
ing on Missouri. He now began to realize the significance of the warn- 
ing he had received at the hands of the Ruffians while in Jefferson 
City, to the effect that if he dared to interfere with the Law and Order 
party in its set plans to exterminate the Free-State party in Kansas 
he would be assassinated. He suspected treachery in the official circles 
at Lecompton, and not only did this develop, but contempt for the 
Governor and his orders manifested itself from the first. He reprimanded 
the militia officers for their disregard of his orders, and dispatched such 
messengers as he could repose confidence in with instructions to ascertain 
and report tlie condition of afi'aii's along the border. 

Before daylight on the morning of September 13th the true con- 
dition of affairs began to come to the Governor's knowledge. William 
A. Heiskell, commanding the First Brigade of the Southern Division, 
Kansas Militia, with the rank of Brigadier-General, reported by special 
courier that in pursuance of Acting-Governor Woodson's proclamation 
he had at the time of the writing of his message (September 11), at 
Mission Creek, eight hundred men, "who are now in the field, ready 
for duty, and impatient to act." An hour later a second courier 
arrived, suffering from extreme exhaustion as the result of having rid- 
den a horse almost to death in his haste to have the sanction of the 
Governor conveyed to the gallant commander of the Ruffians, who 
were "impatient to act." The second despatch of the valiant Heiskell, 
who doubtless expected proper commendation for such manifest dili- 
gence, stated, "/ now report one thousand men as Territorial militia, 
called into the field by the proclamation of Acting-Governor Wood- 
son. ' ' 

The invasion of Kansas progressed as favorably as the Pro-Slavery 
leaders could expect. By the 15th of September there were twenty- 
seven hundred men surrounding Lawrence, under the command of 
Atchison, Stringfellow, Reid, and others. The number of volunteers 
the Free-State men were able to assemble to oppose this armv of inva- 
sion did not exceed three hundred. Brown was offered the command 
of these, but declined. He preferred to fight in the ranks. But he 
was looked upon as the most capable military man present, and the 



KANSAS AND KANSANS 639 

people relied upon him for their safety should they be attacked. Brown 
assembled them one afternoon and addressed them as follows : 

Gentlemen : It is said there are twenty-five hundred Missourians down 
at Franklin, and that they will be here in two hours. You can see for 
yourself the smoke they are making by setting tire to the houses in 
that town. Now is probably the last opportunity you will have of seeing 
a fight, so you had better do your best. If they should come up and 
attack us, don't yell and make a great noise, but remain perfectly silent 
and still. Wait till they get within twenty-five yards of you ; get a good 
object; be sure you see the hind sight of your g\m, — then fire. A great 
deal of powder and lead and very precious time is wasted by shooting too 
high. You had better aim at their legs than at their heads. In either 
case be sure of the hind sights of your guns. It is from the neglect of 
this that I myself have so many times escaped; for if all the bullets 
that have been aimed at me had hit, 1 should have been as full of holes 
as a riddle. 

As the Adjutant-General of Territorial militia had failed to disband 
these troops, the Governor resolved to do so himself, and he accordingly 
wrote a dispatch stating to Heiskell that he would see him on the "fol- 
lowing day," i. e., on the same day as soon as daylight would permit 
him to start, or, if he could not come, the Secretary of the Territory 
or the Adjutant-General would be sent.^ This dispatch was not com- 
pleted before the Governor received a communication from one of 
his confidential messengers conveying the intelligence that Lawrence 
was threatened by an armed force then marching against it from Mis- 
souri, three hundred of which had been seen. The Governor took three 
hundred United States troops under the command of Colonel P. St. 
George Cooke, together with four pieces of artillery, and with this force 
arrived in Lawrence at sunrise on the 13th. He found the city fortified 
and defended by three hundred men. He addressed the people at 
considerable length, and was cheered. He was the unexpected friend, 
the people of Lawrence having ceased to regard the Territorial ofiScers 
as having any other desire than to "wipe them out," or at least as 
being entirely willing to permit it to be done. As the danger was not 
so imminent as had lieen supposed, the Governor and ti-oops returned 
to Lecompton. 

A crowd of fugitives greeted Governor Geary upon his return to the 
capital. These people were from the vicinity of Hickory Point, in 
Jefferson county, where the Free-State forces were operating under the 
command of Captain Hai-vey by orders of Lane, who had retired to 
Nebraska. He had ordered Harvey to cease hostilities at the same time, 
but the order had not reached Harvey in time to prevent some opera- 
tions by his forces after the arrival of the Governor. The Governor 
directed Colonel Cooke to capture or disperse this force. On the 15th 
the United States troops came upon Harvey's men and captured them: 

^ It was then one o'clock A. M., and the Governor meant that he would 
start at daylight or before. As he arrived at Lawrence at sunrise, he 

must liave set out some hours before daylight. 



6iO KANSAS AND KANSANS 

they numbered one hundred and one men, and were commanded by- 
Captain Biekertou. Harvey was absent, and escaped capture. They 
were taken to Lecompton and by Judge Cato (a villain in ermine) com- 
mitted on a charge of murder in the tirst degree. A murderer in cold 
blood, if he belonged to the Law and Order party, was always admitted 
to bail on bonds known to be absolutely worthless by this Jeffreys and 
his equally corrupt associate and superior, Leeompte. It could not but 
have been known that many of these prisoners were innocent of an^ 
crime, but bail was denied in each ease. They were confined in a tumble- 
down house in the outskirts of Lecompton, and guarded by militia. 
Here they were starved, insulted, almost frozen in winter, and overrun 
with vermin. They fell into the hands of one man who did the best he 
could for them. He was a humane Kentuckiau named Hampton.- For 



2 Levi J. Hampton was born in Boyd County, Kentucky. The old fam- 
ily homestead is on the Big Sandy River, three miles above Catlettsburg. 
This Hampton family is a part of the distinguished family of the same 
name so widely scattered in the South. Levi J. Hampton was cousin to 
the mother of this author, whom he visited before starting to Kansas. 
His family was quite wealthy and owned slaves. The writer's mother 
was an Abolitionist. Her parents were Virginians, and her ancestors, 
the I\IcCartys and Elzeys, had been vestrymen Avith Washington at the 
old Episcopal Church, at Alexandria, as a reference to Sparks' Life of 
Washington will show. Her immediate ancestor, Richard McCarty, 
enlisted in Captain Slaughter's Company, in Culpeper, to go on Brad- 
dock's Expedition. That company is still in existence at Culpeper, with 
an unbroken succession. Richard ileCarty was its Captain in the Vir- 
ginia line in the Revolution. Notwithstanding this relation with the 
first families of Virginia, she desired to see freedom in all America. 
'WHien Levi J. Hamilton visited her to say good-bye before going to 
Kansas to help force slavery on that Territory, she urged him to remain 
at home, saj-ing that it was monstrous to engage in such an enterprise. 
Hampton, however, was determined to go to Kansas in the interest of 
slaveiy. There are numerous references to him and his actions in the 
early newspapers of Kansas, and they are all complimentary. At one 
time he led a force against a company under the command of Gen- 
eral James H. Lane. Hampton had succeeded in passing the Free-State 
lines, and found Lane lying on some straw under a wagon. He had a 
personal acquaintance with Lane. Lane demanded to know what Hamp- 
ton was doing at that time in his camp. Hampton replied that he had 
some thoughts of killing Lane. Lane came out and stood by Hampton 
and said, "No man can avoid assassination. To assassinate me, Hamp- 
ton, would not stop the Free-State movement. No one man is essential 
to a great cause. I believe it would be better for you to take your men, 
go on back to your camp, and endeavor to fight this war out on the prin- 
ciples of war." Hampton felt humiliated tliat he had entertained any 
such purpose, and so infonned Lane. He went back to his camp and 
from that day determined to abandon the Pro-Slavery cause as soon as 
he could find an opportunity to leave Kansas. "When he returned to 
Kentucky he made the family of this author a visit and reported the 
facts above stated, among a great many others, and he said to his cousin 
that she had been right and that he had been wrong. It had taken the 
trip to Kansas and the participation in the troubles to convince him 
that she was right. His views Avere completely changed. Wlien the Civil 
War came on. he enlisted in the HOth Kentuckv Volunteers and was made 



s-^ 



tj^ 



04 



f 



mm' 



KANSAS AND KANSANS 641 

his kindness to these prisoners his removal from office was demanded 
by the chief RuiSans, Sheriff Jones, Surveyor Calhoun, and his chief 
clerk, one MacLean. The Governor commended him, but the RufBans 
found a w&y to deprive him of his office. 

The prisoners were tried in October. Most of them were acquitted, 
but others were convicted of various degrees of manslaughter. Those 
convicted were sentenced to long terms of imprisonment, and to wear the 
"ball and chain." Sheriff Jones had hoped that he should have the 
pleasure of hanging all of them, but not being gratified in this, made 
requisition upon the Governor for the balls and chains with which to 
manacle them. The Governor did not furnish them ; for this he was 
denounced by Jones, Stringfellow, "Candle-box" Calhoun, and other 
bright and shining lights of the Law and Order party. In the follow- 
ing March these prisoners were pardoned by" Governor Geary, as was 
supposed, but the fury of the Ruffians and their expressed intention 
to assassinate him caused him to flee from the Territory in such haste 
that he did not issue the pardon.* 

The Ruffians were in the meantime assembling in great force for 
the purpose of destroying Lawrence and the other Free-State towns. 
On the 14th of September the Governor again visited Lawrence witK 
United States troops. These he stationed in a way to prevent the 
Missourians from entering the town. Tlie conditions existing there 
are thus described: 

About thi'ee hundred persons were found in arms, determined to 
sell their lives at the dearest price to their ruffian enemies. Among these 
were many women, and children of both sexes, armed with guns and 
otherwise accoutred for battle. They had been goaded to this by tha 
courage of despair. Lawrence was to have been their Thermopylae, and 
every other Free-State town would have proved a Saragossa. When men 
determine to die for the right, a hecatomb of victims grace their immola- 
tion ; but wlien women and children betake themselves to the battle-field, 
ready to fight and die with their husbands and fathers, heroism becomes 
the animating principle of every heart, and a giant's strength invigorates 
every arm. Each drop of iilood lost by sudi warriors becomes a dragon's 
tooth, which will spring from the earth, in all the armor of truth and 
justice, to exact a fearful retribution. 

On the 15th, early in the morning, the Governor having stationed 
the United States troops for the protection of Lawrence, sought the 
camp of the Ruffians. He met the advance guard out a distance from 



Quartorniiister of tlie regiment. He was taking .some supplies up the 
Big Sandy River when his detachment was attacked at Wireman's Shoal, 
about ten miles above Paintsville, by a Confederate force under Jenkins. 
The Union force was small and most of it was captured. Hampton had 
received an injury to one of his ankles a day or two before and could not 
get awaj-. He sat down on the hillside and surrendered, but when the 
Confederates came up they disregarded his surrender and shot him dead. 
3 This follows Wilder's Annals. Dr. Gihon .states positively that the 
persons were pardoned by Governor Geary, on March 2d. If so, they 
were then released. 



642 KANSAS AND KANSANS 

Fi'aukliu, "marching to 'wipe out' Lawrence and every abolitionist 
iu the coujitry. " These men were with difficulty turned from their 
purpose. Arriving at the camp he found twenty-seven hundred men 
under arms, animated with the sentiments of the advance guard. They 
had artillery and whisky, and black flags of extermination were flying 
from many places, indicating that neither age nor sex should escape in 
the contemplated slaughter of the Lawrence people and those of other 
Free-State towns. Tlie sight of the Governor infuriated the Ruffians, 
and he was treated to threats and assassination as he passed among them 
to the quarters of the commanders. 

The General in command was John W. Reid, at the time a member of 
the jVIissouri Legislature. As subordinate commanders he had Senator 
Atchison, Stringfellow, MacLean, Whitfield, Clarke (the murderer of 
Barber), Heiskell, and other Rutfians who had won their honors in the 
murder, rapine and pillage committed or instigated by them on the 
Free-State settlers of Kansas Territory. One of them, Stringfellow, 
declared that he could never be happy until he had killed an aboli- 
tionist. "If," said he, "I cali't kill a man, I'll kill a woman; and if 
I can't kill a woman, I'U kill a child!" The commissary was one 
MacLean, chief clerk iu the office of Calhoun, the Surveyor-General. He 
afterwards told the Governor how he provisioned the Ruffians. It is 
told in the following quotation from Dr. Gihon's book: 

Maclean : I was lying in my tent, one night, on the broad of my back, 
smoking my pipe, and enjoying myself over a bottle of good whisky, 
when Generals Reid and Strickler, and sevei'al other officers, entered, 
apparently in great distress. They said they had over a thousand men 
to feed, and not a d — d ounce of rations for the next day. After rnuch 
talk, I consented to act as commissar3^ They wanted me to get up and 
go to work, but I kept my place as though utterly unconcerned, and con- 
tinued to whiff away at my pipe ; telling them that the rations would aU 
be ready at an appointed hour in the morning. They didn't know what 
to make of my coolness — thought I was either di-unk or crazy, and went 
off somewhat disappointed and evidently vexed. 

Gov. Geary: Well, were the rations ready? 

Maclean: Yes [with an oath]! Ready that morning, and every 
other, so long as we were in camp, about two weeks. 

Governor: But how did you manage it? 

Maclean : That was d— d easy. I was up before daylight ; got out a 
number of wagons, and started parties iu everj' direction, with orders 
to go to stores and dwellings, get all the provisions thej' could find, and 
drive in all the cattle ; and they returned with a pretty generous supply. 

Governor: How did you raise the funds to pay for all this? 

Maclean: Funds! [with a number of choice oaths] we didn't pay 
a cent. We "pressed" it all. In these expeditions, which were con- 
tinued every day, we got some useful information, too. We seized the 
mails going to and from Osawatomie, and more than a half-bushel of 
letters fell into my hands, in examining which, I found many of them 
directed to, and others written by, some of the most wealthy and influen- 
tial citizens of Boston and other parts of the Northern and Eastern 
States. 

The Governor convened this hopeful gang of cut-throats and ad- 
dressed them on the subject of their infamous and atrocious conduct, 



KANSAS AND KANSANS 643 

reprehensible and diabolical from every point of view. He was particu- 
larly severe in his remarks to Atchison. He called attention to his 
proclamation ordering all armed bands to disperse. He ended by 
ordering them to disband and return home. 

Here was a turn in affairs and a display of courage never con- 
templated by the Missourians. Twice before had Lawrence been snatched 
from the jaws of these same ravening Ruffians by the Executive, but 
in each instance he had made his interposition effective more by whee- 
dling and helpless pleading than by the assertion of authority. Here 
was an Executive of a different stamp. He assembled them, recounted 
their unlawful actions, and ended by ordering them to disband. They 
encountered here unexpectedly a man with firm convictions of right 
and duty, and the courage to .stand for them in the face of threats of 
assassination which he had every reason to believe would be carried 
out. There was nothing to do but submit. But some excuse must be 
found for letting so favorable an opportunity to "wipe out" Lawrence 
slip through their fingers. They called a meeting of their chief Ruffians 
to devise such an instrument. The Governor's assurance that all should 
be protected in their rights, whoever they were, was made the basis of 
their apologj- for disbanding. Some of the commanders had been mis- 
led, and were anxious to disband their men and send them home. But 
others were not of the same mood, and submitted with much smothered 
growling. Clarke was the most rabid; he was for fighting the United 
States troops if that were a necessary prelude to the gratification of 
their yearnings to "wipe out" Lawrence. Jones vapored about, and 
was for "wiping out" Lawrence first, and then all the other Free-State 
towns. These cursed the Governor deeply and loudly. But there was 
no other way than to obey, and return to Missouri and there scatter the 
copies of their apology, which they had misgivings would be poorly 
received. So they sullenly took their way out of the Territory, but 
as a terrible protest to being foiled of their prey, left murdered citi- 
zens, burning dwellings, plundered communities, the waitings of the 
widow and the cries of the orplum in the wake of their retreat to 
Missouri. 

This was the last organized effort of the Missourians to sub.jugate 
Kansas by force of arms. The Law and Order party gradually aban- 
doned this idea, and turned to the constitutional field as one affording 
facilities for their manner of waging warfare upon free institutious 
in the Territory. They formed their plans carefully, and worked them 
out under Governor AValker's administration, after taking the pre- 
liminary steps in the Legislature over Govei-nor Geary's veto. As to 
the Governor,' it was the intention to make his position intolerable. 
This began in an incident in Ihe retreat of the Ruffians from the Teri-itory. 

The greater number of the "Kansas Militia" returned to Missouri by 
the way of Westport. The band known as the "Kickapoo rangere" came 
to Lecompton and forded the Kansas River at that point. They still car- 
ried their black flags of extermination, and were as desperate and villain- 
ous a band as over congreented at tlic call of Iho Iciulers of tlic Law and 



644 KANSAS AND KANSANS 

Order partj-. When six miles west of Lawrence, on their road to Atchi- 
son, six of this band left the main body for the purpose of murder and 
robbery. They found a lame man named David C. Buflfum plowing in 
a field. They robbed liim of his horse, and when he protested, one of 
them, Charles Hays, shot him, inflicting a mortal wound. They then 
stole a pony belonging to a little girl and rejoined the main body of 
marauders. Governor Geary and Judge Cato soon passed by, and dis- 
covered Buffum weltering in his blood. At the direction of the Governor 
the Judge took the dying man 's statement of the murder. The Governor 
caused a warrant to be issued for the arrest of the murderer, whose 
name was then unknown. Finding it impossible to get the ofiScers to 
execute this warrant, or even make an etfort to do so, the Governor sent 
secret agents to Atchison to learn the murderer's identity, and at the 
same time offered a reward for his apprehension and conviction. This 
resulted in the disclosure of the dastard, and his arrest. A grand jury 
composed of his partisans found a true bill against him for murder 
in the first degree. Judge Leeompte immediately admitted him to bail, 
accepting as his bondsman the redoubtable Sheriff Jones, a man noto- 
riously bankrupt. The Governor caused Hays to be re-arrested, but Le- 
eompte immediately released him the second time. Harvey's command 
of one hundred and one men could not be admitted to bail when it was 
well known that almost all of them had not committed any crime beyond 
self-defense, but here was a man of the Judge's party with innocent 
blood on his hands and with the presumption of his guilt so gi-eat that 
even a jury of his partisans dare not ignore it, set at liberty in violation 
and defiance of all law and precedent, and this, too, by the Chief Justice 
of the Territory ! The incident revealed to the Governor his true posi- 
tion. In the administration of justice in the Territory he stood alone. 
The condition was even woi-se : arrayed on the side of lawlessness, mur- 
der, robbery, anarchy, stood those intrusted with the construction and 
the administration of the laws! 

Having cleared the Territory of armed bands, the Governor now 
turned his attention to the partisan, prejudiced, and inefficient judiciary. 
Judge Cato had been found by the Governor bearing arms in the noble 
army of invasion, and shortly afterwards, while engaged in the appro- 
priation of the arms of the Free-State prisoners, was shot in the ankle 
by a revolver in the hands of a worthless, drunken fellow named Hull. 
The shooting was accidental, Hull being engaged in the same repre- 
hensible appropriation as the Judge. Cato was the constant companion 
and associate of Clarke, ilacLean and Jones, and was the mess-mate and 
bed-fellow of the latter and one Bennett, the editor of the Lecomptan 
Union. He was accused of writing the scurrilous articles which appeared 
in that disreputable sheet. Of the law he had little knowledge; of the 
sense of justice he was entirely destitute. 

Judge Burrell devoted no time at all to his duties beyond that re- 
quired in the collection of his salary. 

Chief Justice Leeompte was a political jacklog from :\Iaryland, and 
spent his time in the accumulation of property, of whicli he possessed 



KANSAS AND KANSANS 645 

a goodly share at the time. He was a better lawyer than Gate, which is 
saying little in his favor, but it is all that can be said. It was said that 
he adjourned the spring term of his court to plant his potatoes; the 
summer term had to stand adjourned to allow him to hoe his potatoes ; 
the necessity for digging his potatoes disposed of the fall term; and 
in the winter he could not hold court because he had to remain at home 
to sell his potatoes. Crimes were constantly committed by members 
of the Law and Order party, but they were never, or were very- sel- 
dom, made the subject of judicial inquiry. Burrell died, and the other 
two judges spent much of their time attending the councils of the Law 
and Order party, planning to force slavery on Kansas. Crowds of per- 
sons daily besieged the Governor crying for justice at the hands of the 
courts, while the judges were closeted with Calhoun, Jones, MacLean, and 
others, in the concoction of schemes for the oppression of the settlers of 
the Territory. 

The Governor called the judges before him and reviewed the situa- 
tion with them. He suggested that they devote some time to their 
duties, to which they consented ; but no improvement being visible the 
Governor addressed each of them a note, asking them to report to him 
what had been accomplished during the terms, respectively, of their 
offices. In any other condition of society than that which prevailed 
under the rule of ruffianism, this sharp reprimand would have produced 
beneficial results. But here it fell upon heedless ears. Beyond arousing 
the Chief Justice to some indignation and a wordy defense of his own 
course and the beauties of slavery, it accomplished nothing. Any sem- 
blance of justice in the courts of the Territory disappeared, and partisan- 
ship, prejudice and partiality were contemptuously flaunted in the faces 
of outraged citizens, and boasted of. The Governor himself did not 
escape from it, as he found to his sorrow in the case of the murderer of 
Buffum. 

A committee of Free-State men called upon the Governor to protest 
against the prejudicial action of the courts towards them, and the utter 
neglect of their business. This was November 10th. The Governor 
cited the case of Hays as evidence of his good intentions towards all 
citizens of the Territory. But to his dismay, while still dwelling upon 
this matter a gentleman entered the room and made known that Judge 
Lecompte had just released Hays upon the surety of Jones. His argu- 
ment was gone. He could only assure the committee of his good inten- 
tions towards them as towards all the inhabitants of the Ten'itory, de- 
nounce the action of the Chief Justice, and dismiss his petitioners. They 
departed convinced of the Governor's just intentions, and also fully 
convinced that he was powerless to help them. They expressed the belief 
that their only recourse lay in the exercise of physical force in the de- 
fence of their rights. 

Towards the close of September rumors again troubled the ]\Iissouri- 
ans. It was said that Lane had raised another Northern army, with 
which he was advancing through Xebra.ska to visit retribution upon the 
Ruffians. Nothing more (lisi|nieting ••onkl liave readied Ruffian cans. 



646 KANSAS AND KANSANS 

Dr. Gihon says that "the veiy name of Lane was a terror, and it was 
only necessary to get up a rumor that he was within a hundred miles, 
to produce universal consternation. And when it was reported that he 
was actually approaching a pro-slavery town, a general panic and 
stampede was the result. Vaporing generals, colonels, captains and 
privates suddenly stopped in the midst of their stories of valiant deeds, 
and remembering that they had forgotten their needed arms or ammuni- 
tion, or that the women and children must be carried to a place of safety, 
off they ran for shelter in the woods or elsewhere, creeks and rivers 
furnishing no obstacles to their flight. When the dreaded danger was 
over, or they had discovered the alarm to be unfounded, they would re- 
assemble, each ready to boast over his bad whisky what terrible deeds 
he would have accomplished had the cowardly abolitionist dared to make 
his appearance." 

Dr. Gihon relates another incident which a Pennsylvanian experi- 
enced while in command of a band of Ruffians. 

Upon arriving in the Territory, I established my residence in Leaven- 
worth City, where I was solicited to take command of a company of Ter- 
ritorial militia, or "Law and Order" party. The company consisted 
of twenty mounted Border-Ruffians. One dark night it became my duty 
to guard the main entrance to the city, and I took up my position in a 
prominent place on the road, at about one mile distant. It was a very 
dark night, and it was difficult to discern objects even close at hand ; my 
men amused each other and myself, relating the daring deeds they had 
accomplished, and telling what great things they would do in case of an 
assault. About midnight we heard the distant sounds of horses' feet 
approaching me at a rapid rate. A perfect stillness took possession of 
my men. Not a word was uttered. Nearer and nearer came the ad- 
vancing party. At length, one of my men exclaimed, ' ' Lane is coming, by 
G — d!" and instantly the whole company broke and ran for the town. 
In vain I ordered a halt. As well might I have attempted to turn back 
the curi-ent of the river, as to arrest tlieir flight. 

Governor Geary .sent troops to the Nebraska line to prevent the 
entrance of armed bands. They arrested James Redpath, who had one 
hundred and thirty men under him, whom they found entering the 
Territory. They were taken to Lecompton, where they convinced the 
Governor that they were seeking homes, and bore arms only in self- 
defense and self-protection, and thereupon they were discharged. 

But when Lane's name was associated with rumors of invasion the 
mind of the Border-Ruffian was not easily reassured. They besieged 
the Governor and clamored for further protection. They protested that 
Lane was about to enter the Territory with the main body of his army. 
The Governor again dispatched troops to intercept Lane's army. A 
large company of emigrants now approached the border under the 
leadership of Colonel Eldridge, General Pomeroy, and others. They 
were peaceable and lawabiding citizens, coming to seek homes. They 
sent a committee to assure the Governor of their intentions, and to dis- 
claim all thought of fighting except in solf-defense. Notwithstanding 
this frank statement and avowal of their purposes the troops arrested 



KANSAS AND KANSANS 647 

the entire company, ransacked their baggage for concealed arms, 
destroyed some of it, and led the captives to Topeka. Here they were 
met by the Governor, who addressed them, and ordered them to disband. 
They willingly did this, and in all probability would have been disbanded 
and dispersed long before but for the detention under arrest. 

This was the last interference with emigrants coming into Kansas. 

On October 6, 1856, an election was held to select a Delegate to 
Congress, elect a Territorial Legislature, and vote upon the question of a 
convention to form a constitution. While the Free-State men refrained 
from voting on the ground that to do so would be a recognition of the 
bogus Legislature, the Missourians came over and voted as usual. The 
Law and Order party were thus enabled to elect everything; and the 
proposition to form a State constitution was carried. 

Governor Geaiy set out upon a journey of observation on the 17th of 
October. He passed over the southern and western parts of the Territory. 
He was gone twenty days, and f oimd the people hopeful and anxious to 
be allowed to proceed with the work of establishing homes. He addressed 
many assemblies of citizens, and was assured of their co-operation in his 
efforts to establish order. This journey was productive of much good. 

The Topeka Legislature met on the 6th of January, 1857. Neither 
Governor Robinson nor Lieutenant-Governor Roberts was present. No 
quorum aijpearing, an informal meeting was held, and a recess taken to 
June 9th. Sheriff Jones had spent weeks in planning a course to be 
pursued in relation to this meeting, which he was confident would result in 
the renewal of the strife and bloodshed now much diminished and disap- 
pearing. He even hoped that an invasion from Missouri might arise from 
his deep-laid plans. His sturdy henchman. Judge Cato, was his assistant 
and abettor in this attempt to again deluge the land in blood. Jones had 
procured from the Judge warrants for the members of the Legislature. 
These Avere intiiisted to a deputy marshal for execution, but Jones was 
present to see that no mistake was made. He had confidently expected 
that the writs would be resisted. In fact, all his hopes of trouble were 
based upon this expectation. "When resistance was offered, then he 
could call for troops ; the Ruffians would i-ush to his assistance and he 
would be again in his glory. But the members quietly submitted, much 
to his disgust. He immediately left the town, drove home, and never 
mentioned his ignominious failure to stir up trouble at Topeka. The 
conclusion is reasonable that he received a blow here from which he 
never recovered. He saw no more opportunity for such trouble as he 
loved. Times were changed. He resigned his office in a few days. 

The Territorial Legislatnre met on January 12th, 1857, at Lecompton. 
This proved one of the most debased bodies that ever assembled 
for any purpose at any time or place. It resolved to unanimously 
oppose anything and everything the Governor proposed ; and this course 
was carried out. One of its first acts was to pass a bill admitting to bail 
any criminal, no matter how desperate. It read as follows: "The Dis- 
trict Court, or any judge thereof in vacation, shall have power and 
authority to admit to bail any prisoner on charge or under indictment 



648 KANSAS AND KANSANS 

for any crime or offense, of any character whatever, whether such crime 
or offense shall have heretofore been bailable or not." This was sup- 
posed to be a vindication of Lecompte 's action in admitting Hays to bail. 
The Governor vetoed it, but it was passed over his veto. 

The Law and Order party changed its name to the National Demo- 
cratic party of Kansas on the same day that the Legislature met. It 
wa.s now the purpose of the Slaveiy party to try to fasten the institu- 
tion of slavery permanently on the Territory by a constitution upon 
which the Territoiy was to be £\dmitted as a State. A census was pro- 
vided for, and no one was to be allowed to vote unless he was a resident 
of the State prior to the 15th of March, 1857. The election was to be 
held in June to elect delegates to this constitutional convention. In tak- 
ing the census the books were taken to Missouri and the Ruffians regis- 
tered, while in whole counties in the Ten-itoiy a census-taker never 
appeared; this was true of those counties where Free-State people were 
in the majority. The bill was carefully prepared to allow just that 
thing to be done. The Governor vetoed it, but it was passed over his 
veto. There were a few good men in this Legislature, but so few that 
their influence counted for nothing, and the verdict that it was the most 
debased body of men that ever assembled in Kansas must stand. 

We shall notice one more incident in the administration of Governor 
Geary. We have seen that when the Legislature assembled it imme- 
diately placed itself in opposition to the Governor. It spent a great 
part of its time in abuse of him. The Board of Supervisors of Douglas 
County had accepted the resignation of Sheriff Jones, and appointed in 
his place a drunken, quarrelsome, worthless Ruffian, named William T. 
Sherrard. The Governor did not at once issue a commission to him, on 
account of the absence of the Secretary. Sherrard undertook to force the 
Governor to commission him, visiting the Executive office and threatening 
violence. In the meantime the members of the board which had ap- 
pointed him visited the Governor and requested that no commission be 
given him, and made known their intention to revoke his appointment. 
Other citizens called upon the Governor to protest against the issuance 
of a commission. 

When the Legislature assembled, one of its first acts was to send a 
communication to the Governor demanding his reasons for withholding 
the commission of Sherrard. Tlie Governor did not recognize the right 
of the Legislatiire to make such an inquiry, but replied to the note of 
inquiry by stating the facts. The Legislature exliausted the vocabulary 
of epithets in abusing the Governor. The House immediately appointed 
Sherrard Sheriff of Douglas Coiuity, but the Council refused to con- 
cur, and the appointment was not made. The incident was supposed to 
be a sufficient cause for the assassination of the Governor, and ai'range- 
ments were made accordingly. The prime mover in the execution of 
this conclusion was Surve.vor-General Calhoun. His office was the ren- 
dezvous from which the dastardly act was to be consummated. At the 
designated time Sherrard waylaid the Governor at the appointed place 
and spat in his face, hoping to cause indignation which the Governor 



KANSAS AND KANSANS 649 

would resent, and give him a pretext which Calhoun and his clerks, who 
were peeping from a door of the Sui-reyor's office, would immediately 
transform into an assault and ample cause for Sherrard's killing him in 
self-defense. But the Governor walked quietly away without saying or 
doing anything, and even Sherrard could not bring himself to kill him 
at that time without any cause. 

The people of the Territory were aroused by the actions of Sherrard. 
The House refused to censure him. A meeting was called to condemn 
his action, and Sherrard and his friends attended for the purpose of 
causing a riot. In this they succeeded, and in it Sherrard lost his life. 

Governor Geary held his office until March. The Legi.slature opposed 
his every act. His crime lay in his restoration of some semblance of 
order to Kansas. He wearied of holding so dangerous and thankless a 
position. He was repeatedly urged by his friends to take heed of the 
many threats to assassinate him. The Governor left the Territory at 
night, to avoid assassination at the hands of those of his own party. He 
arrived in Washington March 21, 1857. He was the third Democratic 
Governor that had fled from assassination at the hands of the Demo- 
cratic party in Kansas. 

Governor Geary returned to Pennsylvania. He was a brave and 
distinguished soldier in the War of the Rebellion. He raised the Twen- 
ty-eighth Regiment, Pennsylvania Volunteers, and was its commander. 
He was promoted for bravery to the rank of Major-General. In 1866 
he was elected Governor of Pennsylvania, and proved a wise, able, and 
devoted public servant. He died respected and sincerely mourned by 
the people of his State. 

Governor Geary's administration was the first to make an impres- 
sion in Kansas Territory in favor of justice to all. He accomplished 
little more in his field than did Reeder, but his efforts were enabled by 
the increasing Free-State emigration to bear fruit at a later day. The 
disorders never again assumed such proportions after his summary dis- 
bandment of the Ruffians at Franklin. 



CHAPTER XXXV 
ROBERT J. AVALKER 

Governor Robert J. Walker was a Peunsylvanian ; he was boru in 
Northumberland, in that State, July 23, 1801. He died in Washington, 
D. C, November 11, 1869, in his sixty-nintli year. 

His father was one of the Judges of the Supreme Court of the 
United States. Governor Walker obtained his general education at the 
University of Pennsylvania, and studied law under the immediate super- 
vision of his father. In 1822 he settled in Pittsburgh, and began the 
successful practice of his profcs.siou; and here he was married to the 
daughter of Franklin Bache, and granddaughter of Benjamin Franklin. 
In 1826 he removed to Mississippi, as he believed that State possessed 
greater opportunities for political preferment than did his own. He 
at once became active in polities, and rose to prominence therein and in 
his profession as a lawyer. He made the speech nominating Andrew 
Jackson to the candidacy which resulted iu his first election to the 
Presidency. He was one of the staunchest supporters of Jackson in his 
position towards the nullification acts of South Carolina; he favored 
the coercion of rebellious States. In 1835 he was a candidate for the 
office of United States Senator from Mississippi, his opponent being Poin- 
dexter, a man of learning and attainments, and a supporter of the views 
of Calhoun. The position of Calhoun was discussed before the people 
of Mississippi, and for the importance of the question involved and the 
masterly manner in wliich it was debated, this canvass is only second 
to that of Lincoln and Douglas in Illinois at a later day. Walker not 
only secured the seat in the Senate, but prevailed upon the Legisla- 
ture to adopt resolutions which denounced as treason nullification 
and secession. S. S. Prentiss, one of the greatest of Amei-ican orators, 
was his opponent for the seat in the Senate in 1840, but Walker was 
elected by an ovei-whelming majority. Upon the question of slavery 
lie was a disciple of Jefferson, and in the year 1838 manumitted his 
slaves. He favored Texas in her struggle for independence, and intro- 
duced in the Senate of the United States a resolution recognizing that 
independence. He advocated the annexation of Texas, but opposed the 
action making it all slave territory, and favored a law for the gradual 
emancipation of the slaves of the new State. He favored the election 
of James K. Polk to the Presidency; and upon his election Mr. Polk 
tendered him the position of Secretary of the Treasury. He accepted 
the office, and his administration of its affairs was one of the most 
650 



KANSAS AND KANSANS 651 

successful and able in the history of the country. It devolved upon 
him to formulate a tariff for the production of revenue for the needs 
of the Government ; in this measure he was most fortunate, reducing 
the taxes more tlian one-half and still providing sufficient money to meet 
all demands upon the treasury. 

In the beginning of the year 1857 it was feared and perhaps be- 
lieved by President Buchanan and his advisers that the Free-State men 
fully intended to put the government formed under the Topeka Con- 
stitution into active operation. It was plain that if they did so they 
would have moral and financial support from the North sufficient to 
enable them to maintain themselves for a considerable period of time, 
even if not to triumph finally. The result feared by the Administration 
was civil war in Kansas, perhaps in the Union. Some of the President's 
advisers were not averse to even this latter consequence when a choice 
between it and the failure of the cause of slavery in Kansas must be 
made, and they came to control the President; although it is probable 
that they never fully acquainted him with all their doings or intentions. 
But at the end of Governor Geary's administration the President seems 
to have been in doubt concei'ning the success of the slavery movement 
in Kansas, and to have had in mind the desire to at least save the State 
to his party, although not abandoning in the meantime the effort to 
make it a slave State as well as a Democratic State. For this work it 
was necessary to have as a successor to Governor Geary a man of recog- 
•nized ability and tact. The position was offered to Mr. Walker, but he 
hesitated to accept it. To a man of his reputation it could bring no 
honor to increase those he had already achieved, and it had brought 
trouble and party condemnation to three predecessors. The longer he 
considered the matter the more reluctant he became to undertake the 
difficult task; and his final conclusion was to decline it, and he so 
informed the President in writing. The President, however, persisted, 
and enlisted Senator Douglas in his interest. They gave Mr. Walker 
assurance of hearty concurrence in his policy, and after long considera- 
tion he consented to accept the position of Governor, although against 
his better judgment. The policy to be pursued was discussed in all 
its relations and a perfect agreement arrived at between the President 
and Mr. Walker. In the light of later developments the President was 
insincere in his approval of Mr. Walker's policy, or he was gained 
over by the rabid members of his Cabinet, who were never in favor of 
it. In either event the conduct of the President was most reprehensible. 
The course determined upon by the President and Mr. Walker 
embraced two principal features. The first was to compel submission 
to the laws of the bogus Legislature; this was to be accompli.shed by 
the use of the military forces of the United States, if necessary. The 
second was the formation of a constitution upon which Kansas should 
be admitted as a State. As a means for securing the acquiescence of 
the Free-State men, if not their active co-operation (which was desired 
and invited), the Governor was to guarantee that the constitution should, 



652 



KANSAS AND KANSANS 



when formed, be submitted to a full and fair vote of the people for 
adoption or rejection. 

Governor Walker was to be given a free hand in all matters in 
Kansas, and was not to be hampered or constrained by the preferences 
or influences of any former Federal officials in the Territory. Mr. 
Woodson, the Secretary, and who had been so actively allied with the 
Border-Kuffians and a willing instrument in their hands, was removed, 
and placed in the service of the Land Office. There was appointed in 
his place as Secretary, Frederick P. Stanton. Mr. Stanton preceded 




Uov. Kni;i;uT J. Walker 

T'opy liy Willard of Poi'trait in Library of Kansas State Historical 

Soeietv] 



Governor Walker to Kansas by more than a mouth, arriving at Lecomp- 
ton on the 15th of April and assuming the Executive authority on the 
16th. He was a man of ability and large experience, and was strongly 
prejudiced in favor of slavery and against the Free-State men, holding 
them at fault and to blame in all the troubles which had con^'ulsed 
the Territory in the past. In a speech in Lawrence he proclaimed with 
defiance that an,y further resistance to the laws of the bogus Legisla- 
ture meant "war to the knife, and the knife to the hilt." And in this 
spirit did he take up the work of the administration of the affairs of 
the Territory. 



KANSAS AND KANSANS 653 

The first Territorial Legislature (bogus or Border-Ruffian Legisla- 
ture) enacted a law to submit the question of the expediency of form- 
ing a State constitution to the people at the general election to be 
held in October, 1856. Their decision at that election was favorable 
to the proposition. The Legislature elected at the same time pro- 
vided for the election of delegates to form a constitutional convention ; 
this election was to be held on June 15, 1857. Governor Geary was 
not satisfied with the bill, in that it failed to provide for the submis- 
sion of the constitution framed by its direction to a vote of the people, 
and for other reasons, and so vetoed it. But the Legislature passed 
it over his veto. The bill made provision for a census of the inhabi- 
tants of the Territory qualified to vote as a basis of apportionment 
for delegates to the constitutional convention; and this census was 
also to be the basis and evidence of qualification of suffrage in the 
election, that privilege being denied to all persons whose names were 
not found recorded in its lists. This census was only partly taken; in 
more than half the counties no attempt whatever was made towards an 
enumeration, and the lists of the counties canvassed were incomplete 
and made in the interests of the slavery party. The counties having a 
Free-State population were purposely omitted from the census returns, 
no steps being taken to even provide enumerators for such counties. 
The Free-State men living in communities having a Pro-Slavery major- 
ity were responsible to some degree for the failure to be registered ; 
they believed that a constitution formed by only a part of the people 
could find no standing in Congress. They hoped, too, that no conven- 
tion would be held. Secretary Stanton, however, made the apportion- 
ment for delegates upon the incomplete and fragmentary census, depriv- 
ing a large majority of the voters of the Territory of any and all voice 
in the formation of the constitution. It was believed at the time that 
this action was as much to fling defiance at the Free-State men as an 
official action could accomplish such an end. He came to see his error 
and repent of it when he knew the conditions actually existing in the 
Territory, and had determined to make his home here and be a candi- 
date for office. 

Governor Walker arrived at Leconipton on the 27th of ]\Iay, 1857, and 
delivered his inaugural address. Mr. Stanton had outlined the policy 
to be pursued by the new administration, in an address which he issued 
upon his arrival in the Territory; it conformed to the understanding 
arrived at between the President and Governor Walker. In the address 
delivered by Governor Walker upon his assumption of power he con- 
firmed what his Secretary had stated, and said that the policy indicated 
as being that which he intended to follow was "well known by the 
President and Cabinet, and approved by them." He said also, that 
in their knowledge and approval of tho.se views, "I accepted the appoint- 
ment as Governor of Kansas." The policy announced by Stanton and 
reiterated by Governor Walker was only that set out herein as having 
been agreed upon between the President and the Governor. He urged 
the Free-State men to take part in the election of delegates to the Con- 



654 KANSAS AND KANSANS 

stitutioual Convention, assuring them that the election should be con- 
ducted fairly. 

The Free-State men were confident that thej' were a majority 
of the people of Kansas, and could they have been brought to believe 
that a fair election would be accorded them they would have been less 
reluctant to recognize the laws of the bogus Legislature to the extent 
of participating in an election called by its authority. But the whole 
administration of Ten-itorial affairs was in the hands of their avowed 
enemies or persons they had little reason to trust. Governor Walker 
was a stranger, and Stanton had shown his prejudice in favor of the 
Pro-Slavery party in making the apportionment upon the unfair and 
fraudulent census. If they could have been convinced of the honest 
intentions of Governor Walker, they doubted his ability to carry them 
out; many doubted his good faith. The Pro-Slavery men were in such 
advantageous position by reason of the apportionment that it seemed 
a hopeless effort to try to win the convention at the polls. After much 
discussion it was finally decided to let the election go by default. This 
decision was reached at a convention held in Topeka, June 9th. Upon 
the same day the Free-State Legislature convened at the same place, 
but it attempted the transaction of but little business. It provided for 
the election of State officers on the third Monday in August, and made 
Topeka the State capital. The Free-State men determined to await 
developments under Governor Walker's policy. 

The result of the election for members of the Constitutional Con- 
vention was entirely satisfactory to the Pro-Slavery party. There were 
no members from Free-State communities, and the character of the 
convention was such as the Administration at Washington and the 
Democratic party generally hoped would dominate all the institutions 
of Kansas. 

A delegate convention of Free-State men met in Topeka, July 15th, 
to nominate State officers to be voted for in August. It provided for 
a mass convention to be held at Grasshopper Falls on the last Wednes- 
day in August, to determine whether or not to take part in the elec- 
tion of a Territorial Legislature in the following October. On June 
9th, Governor Walker delivered an address at Topeka, in which he 
invited and urged the Free-State men to participate in this election, 
and assuring them that in doing so they should be accorded every right 
to which free men were entitled and equal protection with all other 
voters. 

When the convention met in Grasshopper Falls, August 26th, many 
of the Free-State men believed it impossible to win the Territorial Leg- 
islature, because of the unjust and unfair apportionment of the mem- 
bers to the various counties. This apportionment should have been 
made by the Governor, but was not, as he was not furnished with a 
copy of the act authorizing it until the time in which he should have 
performed his duty was past. By the terms of the law it became the 
duty of the President of the Council and the Speaker of the House to 
make the apportionment, in event of the failure of the Governor to 



KANSAS AND KANSANS 655 

do so. They did it to tlie satisfaction of the Pro-Slavery men and 
greatly to tlie prejudice and disadvantage of the Free-State party. In 
the deliberations of the convention the extreme Free-State men opposed 
the participation on the ground that to do so was to sacrifice and aban- 
don the principles for which they had contended so long and suffered 
so much, iq that it recognized and submitted to the laws of the bogus 
Legislature. A majority of the leaders and a great preponderance of 
the people believed it best to take part in the election. Lane, Robin- 
son, and other men prominent in the councils of the party saw no sac- 
rifice of principles in this course, and believed that there was the pos- 
sibility and even the probability of success, and in that event, they saw 
great benefit to the Free-State cause. The people were beginning to 
know Governor Walker better, and to see that he really intended to 
have justice done if it was in his power. The convention voted to con- 
test the election, and appointed a committee to prepare an address to 
the people. This address recounted the disadvantages under which the 
Free-State men entered the contest, not the least of which was the 
expected and usual invasion from Missouri. It was not so much in- 
tended to influence the action of voters at the election as it was to pre- 
vent discouragement in the event of failure to carry the Legislature. 

When the Constitutional Convention met in September it organ- 
ized itself into a working body and adjourned until after the election 
of the Legislature, intending, doubtless, to be governed largely in some 
parts of its work by the results of that election, especially in the man- 
ner of its submission for approval or rejection by the people. 

The Legislative election was held October 5th, and resulted in a 
large majority for the Free-State party, altliough many belonging to 
it had refused to vote, believing that the inevitable invasion from Mis- 
souri would overcome any honest vote which could be polled in the Ter- 
ritory. The apportionment greatly favored the invading Ruffians, as 
it gave a large majority of the members to the border counties. 
Although Federal troops were sent to fourteen precincts, the Missou- 
rians cast several thousand fraudulent votes. In McGhee county there 
were cast twelve hundred and sixty-six votes, while at the election in 
the previous June there had been east but fourteen votes. At Oxford, 
in Johnson county, the polls were kept open two days, and more than 
fifteen hundred fraudulent votes were cast. Frauds were committed 
at other points, but they were not of so extensive and glaring character. 

Upon these fraudulent votes rested the hope of the National Democ- 
racy, as the Pro-Slavery party now styled itself. If the precincts of 
Oxford and McGhee were counted, the Legislature would remain in its 
control. But Governor Walker had made his assurances in good faith 
when he urged the Free-State men to take part in the Legislative elec- 
tion. It was quite apparent to him that the Oxford and McGhee re- 
turns were records of fraud and forgerj'. On the 19th of October the 
Governor and Secretary issued a proclamation rejecting the returns 
from Oxford, assigning as a reason that they were technically defective 
and erroneous. They disposed of the McGhee returns in the same man- 



656 KANSAS AND KANSANS 

ner on the 22d. The real reason for this action was the palpable fraud 
these returns recorded, and Governor Walker, in rejecting them, re- 
deemed his pledge to the people that he would prevent and correct such 
so far as in him lay. 

The National Democrats were in great rage at the course of the 
Governor. They held a mass meeting in Lecomptou on -the 23d, at 
which they passed resolutions of threat and indignation. But Governor 
Walker was not the man to be intimidated. Seeing that their threats 
were disregarded by the Governor, they appealed to Judge Cato, always 
a willing tool of the EufHans. He issued a mandamus to compel the 
Governor and Secretary to issue certificates of election to the persons 
shown to have been elected by the fraudulent retunis. They declined 
to obey the mandamus and offered to voluntarily yield themselves to 
arrest for non-compliance, but the Judge suffered the matter to go no 
further. Sheriff Jones was one of the defeated candidates who deter- 
mined to obtain his certifieate of election by force, and arming himself 
and taking a fellow-ruffian along, he strode into the Secretary's office, 
where he loudly demanded in coarse and threatening language that his 
papers be signed at once. No attention being given him or his threats, 
he departed much downcast. A committee of Free-State men waited 
upon the Secretary and offered to hang Jones if it would be any ac- 
commodation, but the Secretary declined to give them permission to 
perform an act which would give them such deep gratification. 

This Legislative election and the action of the Governor and Secre- 
tary upon its fraudulent retm-ns combine to constitute the turning- 
point in the political affairs of Kansas Territory. Against tremendous 
odds and such trials and obstacles as few people have encountei-ed, the 
freemen of Kansas had now triumphed. They had gained control of 
the Territorial Legislature, the lawmaking power recognized by the 
Federal Government, and legal self-government was now for the first 
time within their reach. 

General James H. Lane was appointed to organize the people to 
protect the ballot boxes at a Free-State convention held at Topeka, 
July 15, 1857. The Free-State convention at Grasshopper Falls on the 
26th of August passed a resolution, "That General J. H. Lane be 
authorized and empowered 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." 

Lane had thoroughly organized the Free-State forces in the Terri- 
tory for the purpose of securing a fair election. So complete was his 
organization that the Border-Ruffians made no attempt at illegal voting 
in any of the interior precincts in the Territory, and to Lane, more 
than any other one man, was due the good order for the first time at the 
polls in any election held under the Territorial Government. 

To this point, it appears, the Washington Administration had sup- 
ported and favored Governor Walker's course in Kansas, as it was in 
accord with the policy insisted upon as a condition to his acceptance of 



KANSAS AND KANSAXS 657 

the position. But the loss of the Legislature convinced the extreme ele- 
ments of the Democracy in Kansas and Washington that the only issue 
for which they cared a straw was lost. They believed that it could be 
regained only by a course of masterly rascality. Many of the more 
moderate Democrats of Kansas admitted defeat, and were prepared to 
accept defeat. President Buchanan was not sanguine of the success of 
the slavery cause, from the time of Governor Geary's administration. 
But he had little influence himself in the affairs of State, and there 
were those in his Cabinet who had hope of yet forcing slavery upon 
the Territory. They realized that Kansas was the crisis in their affairs 
and fortunes, and they intended to make it a slave State or make their 
failure to do so a cause for civil war should no other suflSeient cause 
arise. In the future fight in Kansas they must not be hindered by 
an honest and capable Territorial Governor, — so one of their first steps 
was to foi'ce such conditions uj^on Governor Walker that he would 
resign : if he failed to do that, they would find some way to remove 
him. They found the Constitutional Convention ready to hand, and 
its character was such that they knew they could rely upon it in any 
measure the future might sliow to their interests. 

The Lecompton Constitutional Convention had met September 7th, 
and after effecting an organization had adjourned on the lltli to meet 
October 19th, when the result of the election for members of the Legis- 
lature would be known. When it was found that the Free-State men 
had elected a majority of that bod.y, a fierce opposition to the conven- 
tion arose. The freemen of the Territon^ said the convention should 
not form a constitution ; that it was fraudulently constituted and rep- 
resented only a minority of the people; and that if it was necessary to 
prevent its action, force would be used: whereupon the Administration 
provided United States troops for its protection. 

Upon the day of its reassembling a Free-State convention met in 
Lecompton and demanded that it should adjourn and abandon the 
purpose to frame a constitution for Kansas. As no quorum was pres- 
ent, no meeting of the convention could be had; no quorum appeared 
for several days; the Free-State men linped none would appear. ]\Liny 
of the moderate Democrats were indifferent, and were willing to ac- 
quiesce in the decision of the majority as expressed in the Legislative 
election. But not so with the rabid element; they finally secured a 
quorum. During a session lasting two weeks, a constitution was evolved 
which followed instructions from Washington, and there is little doubt 
that all the slavery features were prepared there, sent to the conven- 
tion and adopted entire. 

Aside from its provisions for the establishment of slavery the con- 
stitution was not bad in itself, although the manner of its formation 
would always have weighted with odium any provision it contained, 
however good. It provided that the boundaries of the State should 
remain those of the Territory ; that the rights to slave property of the 
present inhabitants and the emigrants bringing slaves in the future 
were not to be interfered with; that free negroes were to be excluded 



658 KANSAS AND KAXSAXS 

from the State; that the constitution should not be amended, altered 
or changed until after the year 1864. 

The manner of securing the adoj^tion of the constitution, now that 
there was a known Free-State majority in the Territoi-j^ and Governor 
"Walker had demonstrated his antipathy to fraudulent elections, was a 
difficult question for the Pro-Slavery men. As no provision for its 
submission to a vote of the people was made in the act authorizing its 
formation, it had been charged by the Free-State men from the first 
that there was no intention that it should be submitted to a vote. But 
Calhoim denied this in a published statement, and the President wrote 
to Governor Walker July 12th, saying it would be submitted. Cal- 
houn was Surveyor-General of the Territory, and the representative 
and confidential agent of the extreme and reckless element in Kansas of 
the Pro-Slavery party not only in the Territory, but in the South and 
in the Cabinet. He was chairman or president of the Constitutional 
Convention, and by it charged with the work of procuring the adoption 
of the instrument, and for this purpose clothed with unusual and ex- 
traordinarj' powers. 

It is probable that had the National Democrats carried the Legisla- 
ture, by fraud or otherwise, the convention would have been more liberal 
and have submitted the constitution to a vote of the people. Through 
the Legislature any action in favor of the Pro-Slavery party could have 
been had, and fair promises could have been made only to be overridden 
by fraud approved by that body. As the matter stood with them, the 
Legislature was in control of the Free-State men and Governor Walker 
had given indisputable earnest of honorable official action — hard con- 
ditions with which to be confronted by the Lecompton Constitution, its 
friends and advocates. In this perplexing dilemma a devious course 
was adopted. The whole constitution was not to be submitted, but a 
proposition which must adopt the constitution. Two forms of ballot 
were prepared. One was, "Constitution with no Slavery;" the other 
was, "Constitution with Slavery." A direct vote upon the constitu- 
tion itself was denied. If the second proposition prevailed, the consti- 
tution entire was to be sent to Congress: if the first carried, then the 
sections establishing slavery were to be stricken out and the emasculated 
document sent to Congi-ess. 

Calhoun and not the Governor was to conduct the election, receive 
the returns, pass upon their validity, and do all other things in relation 
thereto which it was supposed an honest Governor would not do. Gover- 
nor Walker now found himself occupying the same position reached by 
his predecessors. He was repudiated by his party in the Territory, 
and, while it is possible that he was not yet aware of it, he was 
abandoned by the Administration; and this for no other reason than 
that he had done precisely what the President had directed him to do. 
He was disheartened and disgusted with his party; he set out for 
Washington to consult the President. He found him wavering, halting, — 
full of excuses. When reminded of his former position on the question 
of submission, he took refuge in the subterfuge provided for him by 



KANSAS AND KANSANS 659 

the conspirators about him, — that he could not undertake to dictate 
to the Constitutional Convention. Seeing that he was deserted by the 
President as well as by his party, he realized that it was useless for 
him to return discredited to Kansas. He was powerless to perform his 
pledges to the people, and being so, there was nothing for him to do 
but to resign his position. This he did on December 17th, in a long letter 
to Secretary Cass, in which he sets out his reasons for accepting the 
oiJSee, the President's position and assurances, and his change. The 
Secretary made a very lame reply. 

Governor Walker espoused the cause of the Union in the Civil War, 
and reiterated his sentiments expressed against rebellion in the days 
of nullification. He advocated extreme measures. In April, 1861, he 
addressed a large meeting of the citizens of New York, in Union Square. 
In 1863 he was appointed financial agent of the Government in Europe, 
where he negotiated the sale of more than three hundred million dollars 
of the bonds of the United States with which to provide money to carry 
on the war. 

Governor Walker was the ablest man appointed to a position in 
Kansas by the Federal Government in Territorial times. From the be- 
ginning of his administration dates the disintegration of the old parties 
in the Territory. He was true to his convictions and honestly endeavored 
to give the people a fair administration of their affairs, and when the 
action of the President made it impossible for him to do so he resigned. 



CHAPTER XXXVI 
FREDERICK P. STANTON 

Frederick P. Stauton was born in Alexandria, in the District of 
Columbia, 22d December, 1814. He died in Oeala, Florida, June 4. 
1894, in the eightieth year of his age. 

His father was a poor man — a bricklayer ; he taught Im son his own 
trade, and together they followed it. At this occupation young Stanton 
earned sufficient money to take him thi-ough the private school of Ben- 
jamin Hallowell, in his native town. He was a boy of more than 
ordinary ability, and at the age of eighteen was made assistant tutor 
in Mr. Hallowell's school. He afterwards graduated from Columbia 
College. His first work after leaving college was teaching the village 
school in Ocoquan, Virginia; afterwards he was a teacher in Ports- 
mouth Academy, in the same State. He remained but a short time in 
any of these occupations, and was constantly seeking better positions. 
At the age of nineteen he was elected principal of the Elizabeth City 
Academy, in North Carolina, where he remained two years. All this 
time he read law as he could find time to do so, and at the age of twenty- 
one was admitted to practice in his native town. Immediately after his 
admission to the bar he removed to Memphis, Tennessee, where he 
engaged in the practice of his profession. He took a prominent part in 
politics, especially in those of his adopted State, and for two years 
wrote the political editorials of the Gazette, one of the leading i\Iemphis 
newspapers. In 1845 he was elected to Congi-ess from the Jlemphis dis- 
trict : and he was four times re-elected, his final term expiring March 3, 
1855. Ilis retirement from Congress was voluntary. In his services 
there he was Chairman of the Committee on Naval Aflfairs, and also 
of the Committee on the Judiciary. He took a deep interest and a 
prominent part in all the business transacted by Congress, and his 
attitude toward measures was determined by his conception of .iustice 
rather than by political or party expediency, though he was an ardent 
Democrat. In 1855 he removed to Washington, and there engaged in 
the practice of his profession in the courts and the Departments of the 
Government. The results did not meet his expectations, and being 
intimately acquainted with the leaders of his party and on good terms 
with them, he sought an appointment in some location where political 
and material development would offer opportunities for political pre- 
ferment. Kansas was then, as it has always remained, peculiarly 
fascinating. The wrecks of political fortunes were rapidly covering 



KANSAS AND KANSANS 661 

her shores, but this seemed to make men the more eager to launch their 
barks on her stormy and agitated political seas. In April, 1857, Mr. 
Stanton was appointed Secretary of Kansas Territory; he succeeded 
Secretary Woodson, who was made Receiver of Money in the Delaware 
Land Office. 

Mr. Stanton arrived at Lecompton April 15th, and immediately 
assumed the duties of his office, by which, as Governor "Walker had not 
vet arrived in the Territory, he became Acting Governor. He entered 




(iov. Frederick P. Stanton 
ICopy liy Willanl of Pcirtniit in Library of Kansas State Histo 



upon the duties of liis office with the usual Democratic prejudice against 
the Free-State people, and a disposition to hold them responsible for 
all the troubles which had convulsed the Territory. On the 24th of 
April he delivered an address at Lawrence, in which he announced the 
policy which the Administration, at the instance of Governor Walker, 
had agreed to follow in Kansas affairs. One feature of this policy \vas 
the determination that the people of Lawrence should obey the laws of 
the bogus Legislature. As has already been stated, Mr. Stanton was 
bold and defiant in his address, and announced in an arrogant manner 
that the laws should be olieved, and that further disobedience would 



662 KANSAS AXD KAXSANS 

result in "war to the kuife, aud tlie knife to the hilt." ^ The impression 
created by the Acting Governor in the minds of the Free-State men of 
the Territory was not at fii-st generally favorable to him; they believed 
that he was basing his future course upon information derived exclusively 
from Pro-Slavery sources, and from extreme men who had controlled the 
preceding administrations in their early stages. The Free-State men 
expected little from any man appointed to office by the President, and 
they expected the incoming administration would pi'ove no more friendly 
to them than had the preceding ones. 

The tirst duty of political consequence to the people falling to the 
Acting Governor was the apportionment of delegates to the Constitu- 
tional Convention to be held at Lecompton. Some account of this 
matter has been given in the consideration of the administration of 
Governor Walker, and it will be only mentioned here. The bill for taking 
the census to form the basis for this apportionment was passed by the 
Lecompton Legislature on February 19th, 1857. Governor Geary inter- 
posed his veto, but the Legislature was hostile to him, and passed it over 
his veto. If the census provision had been carried out to the letter and 
in good faith, little objection could have been made to it. But the 
sheriffs were to take the census, and as they were appointed by the county 
commissioners, who were in turn appointed by the Legislatui'e, no hope 
of an honest enumeration was entertained by the Free-State people. 
There were thirty-four counties in the Territory, and the census was 
taken in but fifteen of these; and in these it was only partially taken, 
palpable frauds being committed in some communities. Johnson county 



' j\Ir. E. P. Harris, one of the early settlers in Kansas, and a man 
identified with the indu.strial aud intellectual development of the State 
from the beginning, he having arrived with Lane's Army of the North on 
August 7th, 1856, has recently related to the author the circumstances 
under which the phrase. "War to the knife and the knife to the hilt." 
was used in this address. It seems that the Governor was, in a manner, 
goaded into the utterance of this unfortunate remark. He was per- 
sistently interrupted by some Free-State men who continually demanded 
to be informed of the consequences of resistance to the bogus laws. Mr. 
Stanton returned evasive answers for some time, evidently hoping that 
the interruptions would cease, but as the matter was pressed, he finally 
said: 

"The laws must be obeyed; they will be enforced." 
"Then," said the interrogators, "there will be war." 
Mr. Stanton was exasperated. It seemed to him that there was an 
element present determined to antagonize him and question his good 
faith and sincerity. To suffer himself to be silenced by it at this time 
would, in his opinion, mark him as a man wanting in decision and 
courage and trouble him later in the administration of the duties of his 
office. Rising to his full height, and looking his troublesome and dis- 
courteous auditors squarely in the face, he sternly answered : 

"Then war it nnist be, and it will lie war to the knife and the knife 
to the hilt." 

Mr. Harris says iinich of the address was conciliatory and manly, 
and evidenced a desii-e to see justice done 1o all parties, and that it was 
in the main satisfactory to the people of Lawrence and the Territory. 



KANSAS AND KANSANS 663 

was given four hundred and ninety-six votes, when in fact it was largely 
an Indian reservation with very few legal votes. No attempt was made 
to take the census in any of those counties where the Free-State men were 
in the majority, or where they lived in any considerable number. On 
May 20th the Acting Governor issued a proclamation making the appor- 
tionment of delegates upon this fraudulent and partial census; by this 
act he disfranchised more than one-half the voters of the Territory. His 
authority to make an apportionment at all was doubtful, and if he had 
such right he was in duty bound to have the census completed and cor- 
rected before he acted. His act was one of insolence and defiance, and 
after he had been east out and disowned by his party in the Territory 
and the President, when they had no further use for him, he made an 
apology to the Free-State men for his hasty and illegal action. 

Governor Walker arrived in the Territory and assumed the duties of 
his office on the 27th of May. Until the resignation of Governor "Walker, 
Mr. Stanton discharged his duties as Territorial Secretary. During this 
time the usual change had occurred in the feeling entertained by the 
Democratic party for the Governor of Kansas Territory. It forced 
Governor Walker's resignation and forced Secretary Stanton into the 
Kansas Free-State party. When Governor Walker left the Territory to 
appeal to the President, Mr. Stanton became again the Acting Governor 
of the Territory. He saw the unalteralile opposition of the great majority 
of the people to the Leeompton Constitution, and was then fully 
acqiiainted with all the outrages attending tlie various stages of its con- 
coction. He was, too, at this time fully informed of the exact propor- 
tion of influence assumed and that actually possessed in the Territory by 
the National Democracy. He knew by this time the merits of the con- 
troversy and conflict raging in Kansas. He could no longer remain 
ignorant of the fact that the Free-State people stood for everj- principle 
vital to tlie existence of the Republic ; and also that the National Demo- 
crats while crying out, "Law! we invoke the law!" were in fact violating 
the spirit of all law, daily trampling the Constitution and Organic Act 
in the mire and holding both in contempt. The only position for an 
honest man with such information and knowledge was in the ranks of 
the majority struggling for their rights against the unlawful and repre- 
hensible usurpations of the minority, aided and abetted by the President. 

The Legislature elected on the 5th of October was composed in the 
majority of Free-State men. The prevention of the consummation of 
Democratic frauds in that election was one of the principal indictments 
brought by the Democratic party against Governor Walker and Secretary 
Stanton. The persistent efforts of Calhoun and the Washington Admin- 
istration to force the obnoxious Leeompton Constitution upon the Terri- 
tory produced a profound agitation of the public mind, and aroused the 
people to a state of apprehension and wrought them to a high pitch of 
excitement. The Acting Governor was urged to call the Legislature in 
special session ; and he, knowing that he had nothing to expect from the 
Government at Washington, and realizing that right, reason and justice 
were on the side of the Free-State men. issued his proclamation on the 



66-t KANSAS AND KAXSAXS 

1st of December, convening the Legislature in extra session on the 7th 
of the same_ month. It was stipulated by the leaders of the Free-State 
party that no general legislation sliould be attempted, and that the ses- 
sion should be devoted to devising some measure of relief for the people 
from their threatened danger. This act of Acting-Governor Stanton was 
the severest blow to the Administration party and the most profound 
service to the patriots of Kansas that had occurred. From this event 
dates the beginning of the ascendency of the Free-State people in the 
affairs of government in the Territory. For this act Mr. Stanton was 
taken to the hearts of the Free-State people, who forgave and forgot his 
early acts of oppression. 

The chicanery of the National Administration and its corrupt tools in 
Kansas had so bound and rendered helpless the Territory that there was 
little the Legislature could do to bring immediate relief. The Constitu- 
tional Convention had empowered its president, the disreputable Cal- 
houn, to take all steps neeessaiy to foist the result of its labors upon the 
Territory. As the work was finished, little could come of questioning 
the authority and legality of the convention. 

The Legislature assembled at Lecompton on the day set apart. C. W. 
Babcoek was elected President of the Council, and G. "W. Deitzler, 
Speaker of the House. The members were inexperienced in the mode of 
procedure for the enactment of legislation, and to this cause must be 
attributed in some measure their failure to afford the full sum of relief 
expected. The act authorizing the formation of the Lecompton Consti- 
tution was repealed. An act was passed providing for the submission 
of the constitution to the full and fair vote of the whole people. A joint 
resolution addressed to Congress was adopted, protesting in the strongest 
terms against the admission of Kansas under the Lecompton Constitu- 
tion; and another memorialized that body to admit her to Statehood 
under the Topeka Constitution. A law for the punishment of election 
frauds was enacted ; as was one, also, to provide for the organization of 
an efficient militia. The act of the bogus Legislatui'e to punish rebellion 
was repealed. The Legislature adjourned December 17th. 

iMr. Stanton expected to be removed by the President for his action 
in calling the Legislature in extra session. As the end of the session 
approached he was notified of his removal ; and on the 21st of December 
he was succeeded as Secretary by James W. Denver, who was appointed 
Secretary and became Acting Governor. 

^Ir. Stanton continued his residence in Kansas. He espoused the 
cause of freedom and identified himself with the Republican partv-. In 
1861 he was a prominent candidate for the ofSee of United States Senator. 
Later in that year, when Senator Lane M-as understood to have been 
appointed a brigadier-general, and it was supposed that a vacancy in his 
office was caused thereby, ]\Ir. Stanton was appointed by Governor Rob- 
inson to fill the unexpired period; but it was determined that no vacancy 
had been made. 

Governor Stanton purchased a large tract of land in Douglas county, 
near Lecompton, and erected thereon a large and handsome residence. — 



KANSAS AND KANSANS 665 

for many years the most expensive in the State. In 1862 he removed to 
Farmwell, Virginia, and resumed the practice of his profession in Wash- 
ington. In 1886 he removed to Florida, where he resided until his death. 
Governor Stanton was a man of much ability, and while there was 
something of the politician visible in many of his acts, he was conscien- 
tious in his administration of public affairs in Kansas. He came to the 
Territory with the Pro-Slavery hatred and prejudice for the Free-State 
men and their efforts to obtain the right to govern themselves. But he 
found, as had Reeder, Shannon, Geary and Walker, that Pro-Slavery 
theories in the East and slavery in the process of being forced upon an 
unwilling people were two very different things. The enormities prac- 
ticed in the latter instance revealed the hideous outlines of the former, 
and made him an enemy of the institution of barbarism. His conversion 
to the principles of freedom was thorough and genuine, and from that 
time he did as much as in him was to destroy slavery and establish liberty. 



CHAPTER XXXVII 
JAMES WILLIAM DENVER 

Something op the Man 

General James William Denver was born at Winchester, Frederick 
county, Virginia, October 23, 1817. He died at Washington, D. C, 
August 9, 1892, in the seventy-sixth year of his age. 

In the year 1831 his parents removed to Ohio; they settled in Clin- 
ton county in that State in the spring of 1832. The children of the 
family consisted of four sons and six daughters, all of whom lived to 
become honored members of their adopted State. His father was a 
farmer, and the first years of his life were spent in the hard labor 
incident to farm life in a new countiy. In the winters he attended the 
common schools of the neighborhood. The severe labor which he was 
called upon to perform and the exposure incident thereto brought on 
a severe illness in the form of rheumatism, when he was in his twenty- 
first year. This became for a time permanent, and it caused him to 
look about for some labor of a lighter character than that on the farm. 
He studied civil engineering, and was for a time in the service of the 
county survej'or. In the spring of 1841 he went to Missouri, to seek 
employment in the surveys of the public lands of that State. But he 
failed to obtain a contract in this work, and as it was necessary for him 
to find something to do, he taught a school in the northwestern part 
of Clay county, at what was known as the Hartsell school-house ; while 
teaching here he boarded in the family of John Eaton, Esq. He always 
regarded the year spent here as one of the happiest of his life. At 
the close of his term of school he returned to Ohio to engage in the 
study of law, and in 1842 began this study in the office of Griffith 
Fogs, Esq., of Wilmington. He continued his studies here for some 
time, and then attended the Cincinnati Law School, from which institu- 
tion he graduated in the spring of 1844. His first law office was opened 
in Xenia, Ohio, and he had for a partner I\Ir. R. H. Stone. In the 
spring of 1845 he returned to Missouri and opened a law office in 
Plattsburg, but afterwards removed to Platte City. In March, 1847, 
he was made captain of a company in the Twelfth Infantry Regiment, 
and served until the close of the Mexican War, in July, 1848 ; he was 
under the command of General Scott. At the close of the war he re- 
turned to Platte City, wliere he remained until 18r)0, when he crossed 
tlic Plains and settled in Trinity county. California. In 1852 he was 
666 



KANSAS AND KANSANS 



667 



elected State Senator, and during the session of the Legislature he 
antagonized Edward Gilbert, an ex-member of Congress; the contro- 
versy which ensued resulted in a duel. Denver designated rifles as the 
weapons, and Gilbert was killed at the second shot. During this ses- 
sion Mr. Denver was appointed by the Governor of the State to convey 
supplies across the Sierra Nevada Mountains for the relief of emigrants 
who were in deep distress. Upon his return from this mission he was 
appointed Secretary of State for California, and served in this capacity 




III.' Xational Mouse of 
■ginning of the Thirty- 



initil November, 18;',.-). lie b.ad Ix-en elcrted 1( 
Kepr(s,'ntatives in 1854, and took his seat at the 
foui'th Congress, in December, 1855. He was made Chairman of the 
Special Committee on the Pacific Railroad, and originated the laws 
which were subsequently adopted for the cousti-uction of that great 
highway. At the close of his Congressional term he was appointed 
Commissioner of Indian Affairs, and assumed the duties of that office 
in April, 1856. He made a treaty with the Pawnees during that year. 
In December, 1857, he was in Kansas attending to some matters con- 
nected with tlie administration of bis office: and when Governor Stan- 



668 KANSAS AXD KANSAXS 

ton was removed from the oiSce of Secretary of the Territory, Mr. 
Denver was appointed to that position. He assumed the duties of his 
office on the 21st of December, and as no Governor had been appointed 
to fill the vacancy, he became the Acting Governor of the Territory 
from that date. On the 12th of May, 1858, he was appointed Governor 
of Kansas Territory, and Hugh S. "Walsh was made Secretary. 

The L.\st of the Lecompton Coxstitutiox 

The election called by Calhoun on the slavery proposition of the 
Lecompton Constitution was held on the 21st day of December, the day 
upon which Secretary Denver assumed the duties of his office. It was 
a farce. Calhoun announced that the vote in favor of "the Constitu- 
tion with Slavery" was 6,226; and the opposing vote was given by him 
as 569. Border-Ruffians in large numbers came into the Territory and 
voted. At a subsequent investigation it was shown that 2,720 fraudu- 
lent votes were east, and it was known that many others voted who 
had no right to do so. 

At the election provided by the Territorial Legislature, held Janu- 
ary 5th, 1858, a fair and honest expression of the people towards the 
Lecompton Constitution was had. The votes cast against it were 10,226 ; 
for it in all forms there were but 162. So overwhelming was the senti- 
ment against it and against the outrageous manner in which the Presi- 
dent had attempted to force it upon the people, that some of the Pro- 
Slavery papers had turned against it. On the 24th of December (1857) 
a Democratic convention in Leavenworth passed resolutions denounc- 
ing the framers of the instrument, indorsing the course of Governor 
Walker and Secretar}' Stanton, and asking Congress to not admit 
Kansas under the fraudulent constitution. The President was fully 
informed of the result of the election of January 4th, the position and 
attitude of a majority of his party in Kansas, and of Acting-Governor 
Denver. The latter had written an exhaustive review of the condi- 
tions prevailing in the Territory, which he sent to the President 
by a special messenger; he urged the President to not present the 
I'onstitution to Congress. The President replied that the letter came 
too late, as his message of transmittal had been already prepared and 
shown to the Southern Senators, and he "could not withdraw it." 
On the 2d of February he transmitted it to the Senate, together with 
the constitution. It was a bitter document, and denounced the Free- 
State men of Kansas and charged them with the troubles which had 
occurred there. This paper evidenced the subserviency of the Presi- 
dent to the slave-power. It supported the action of the convention in 
not submitting the constitution to a vote of the people. The Lecomp- 
ton manner of adopting constitutions has ever been in favor with the 
enemies of liberty. 

The action of Congress resulted in the rejection of the constitution 
for the time being, and in the passage of the "English bill," which 
proviflcd for tlic submission of the constitution to a fair and full vote 



KANSAS Ax\D KANSANS 669 

of the people of the Territory. To induce them to vote in its favor, 
large land grants were set apart to the future State, amounting in all 
to more than five million acres. This bill was forced through Congress 
by bribery and other corrupt practices. But the people of Kansas 
refused to be bribed by the magnificent land grants promised by the 
slaveholders. The one thing about the bill which pleased the people 
was that feature which gave them an opportunity to express a final 
judgment against the constitution. The election under the provisions 
of the "English bill" was held August 2d, 1858. The total vote was 
13,088, of which more than 11,000 were against the Lecompton instru- 
ment and the English inducements for its adoption. 

The Mar.ms des Cygnes Massacre 

The Marais des Cygnes massacre occurred on the 19th of May, 18.58. 
It was the most brutal and inexcusable of all the outrages committed in 
Kansas by the Border-RufSans. It was planned and carried out by one 
Charles A. Hamelton, who had lived, in 1857, in Linn County, three 
miles east of Trading Post. This point has already been noted in the 
early part of this work. A postoffice was established there in 1857, and 
called Blooming Grove. Hamelton was a well-to-do man, owned a 
number of slaves, was of an aristocratic and insolent bearing, and had 
come to Kansas to help make it a slave State. He was intolerant of 
the principles of his Free-State neighbors, and had little intercourse 
with them. On one occasion William Hairgrove, also from Georgia but 
a Free-State man, visited Hamelton, but was not received with that 
boasted Southern hospitality. Hamelton 's nearest neighbor was "Broad 
Tom" Jackson, an aggressive, forceful, Pro-Slavery man. Hamelton 
had two brothers in Kansas at that time. One was a physician at Fort 
Scott, another, a young man, Algernon S. Hamelton, studied law with 
Judge Barlow at Paris, a town near the present Mound City. 

The disturbances in Linn County began in a small way in 1855, but 
nothing of note occurred until the following year. In the fall of 1856, 
George W. Clarke led in about four hundred Missourians. This was 
the same Clarke who claimed to have murdered Barber in the AVakarusa 
War. He led his band of Border-Ruffians to the town of Paris, which 
was a Pro-Slavery settlement. There he received some recruits, after 
which he went to Sugar Mound. Arriving there they robbed the house 
of Ebenezer Barnes, and looted his store and the postoffice. After 
committing these outrages, the Ruffians broke up into small bands and 
raided the settlement, burned some houses and committed other depre- 
dations, after which they returned to Missouri. 

James Montgomery had recently settled in Linn County. He was 
born December 22, 1814, in Ashtabula County, Ohio. He was a cousin 
to General Richard :Montgomery, who fell at the storming of Quebec. 
In 1837 he went to Kentucky where he engaged in teaching. In 1852 
he went to Pike County, Missouri, intending to go on to Kansas when 
it was open for settlement. In July, 1854, he explored Bates County. 



670 IvANSAS AND KANSANS 

Missouri, looking for a location, but was not satisfied with that country. 
He passed into Kansas and bought a claim near Mound City : He soon 
became prominent on the Free-State side, and opposed James P. Fox 
and other Pro-Slavery men. It was not long until he was the recog- 
nized leader of the Free-State forces in Southwestern Kansas. 

Clai-ke's party had intended to murder Montgomery, but he escaped. 
He determined to bring at least some portion of this band to justice. 
He went to the house of Captain Burnett, in IMissouri. Burnett was a 
member of Clarke's band, and had not yet returned. He was not ac- 
quainted with Montgomery and did not know the young man he found 
at his house. Montgomery pretended to be from New York, and 
desirous of finding employment as a teacher. Burnett found him a 
school in his neighborhood. Montgomery taught two weeks, living at 
Burnett's house. In the meantime he learned the identity of many of 
Clarke's men. He then returned home and raised a company of seven 
Free-State men. He led this party to the vicinity of Burnett's house, 
and went into a secret camp in the timber. He disguised two of his 
men as Indians and had them ride over the neighborhood. Seeing 
them, the Missourians supposed the Miami Indians were coming in to 
steal horses. To take steps to protect themselves from this supposed 
band of predatory Indians, the neighbors met at Burnett's house, on 
an appointed day. Montgomery took possession of the house at dark. 
When a Missourian would approach, Montgomery's men would make 
him prisoner, disarm him and secure his horse. Burnett was treated 
in this way upon his arrival, having been absent from home. The guns 
taken from these Missourians were broken. Montgomery took $250 
in money and eleven horses from the men who had thus assembled, 
and returned to Linn County. Montgomery justified his course on the 
ground that he had only secured from Clarke's raiders an equivalent 
for what had been destroyed by them and stolen in his immediate 
neighborhood. And, further, that the horses and money were given to 
those who had suffered losses at the hands of these raiders. 

The Free-State men soon began to return and re-occupy their 
claims. Very little occurred about Trading Post of enough importance 
to be mentioned in connection with the other troubles of the border 
until the spring of 1858. Many of the leaders of the Border-RufBans, 
had by that time been forced to leave Leavenworth, Atchison, and 
other places, by the triumph of the Free-State men. The Border-Ruf- 
fians east of Trading Post became threatening as early as April, 1858. 
The Free-State men organized a militia company, of which Mr. Tucker 
was Captain and James M. Sayre, Lieutenant. They armed themselves 
and stood ready to meet Clarke's Ruffians, whom they expected to ap- 
pear at any time. The anticipated trouble did not materialize, and 
the company discontinued their daily meetings, to drill, on the 17th 
of May. "William Allen of this company was acting in the capacity of 
spy, and he immediately disappeared when it was resolved to discon- 
tinue the daily drills. He was in possession of all the plans of the 
Free-State people, and these he revealed to Hamelton, who had, in the 



KANSAS AND KANSANS 671 

meantime, gone to live with Jerry Jackson, who had a store at West 
Point, in Missouri. Hamelton had left Kansas because of the increas- 
ing strength of the Free-State men, who had been constantly coming 
in and settling in his neighborhood. On the ISth of May, Hamelton 
addressed the RufiSans assembled at Jackson's store, and called for 
volunteers to go with him "down in the vaUey to attend to some devils 
down there." He made it plain that he wanted only men who would 
obey orders. That night a number of Border-Ruffians assembled at 
Jackson's store. They were led southward by Hamelton, who refused 
to reveal to Jackson his true intentions. 

The 19th of May was a beautiful, clear, warm day. The settlers 
were at work in the fields. At nine o'clock Hamelton, with thirty- 
two men, crossed the Marais des Cygnes at Trading Post, coming from 
the south. They were heavily armed, boisterous, and abusive. They 
assembled at a saw mill which was in process of construction, where 
they made prisoners of the workmen. From the mill they went to the 
post-building, then in charge of John F. Campbell, whom they made 
prisoner. Failing to find any other Free-State men at Trading Post, 
they marched north on the old military road to a point between Tim- 
bered Mound and Prairie Mound. Here they released all the prisoners 
except Campbell. They drove him before them to the house of Samuel 
Nickel. Here Hamelton dismounted, and, with a^ revolver in each 
hand, went into the house and found Mrs. Nickel sewing. Mr. Nickel 
was fortunately away from home, but Hamelton refused to believe this 
when Mi's. Nickel so informed him. A search of the house was made. 
One of the Ruffians, in climbing into the loft, knocked a heavy clock 
from its shelf. This clock fell on the baby, which was lying in a 
cradle. When Mrs. Nickel screamed in alarm, Aaron Cordell, one of 
the Ruffians, shoved his revolver against her and exclaimed, "Howl, 
damn you, howl!" 

Not finding Nickel, the Ruffians left the house and took the road. 
After going a short distance they found Rev. B. L. Read talking with 
two travelers, one of whom was Patrick Ross, and the other William A. 
Stillwell, who lived near Moneka and was on his way to Kansas City 
to purchase supplies for his family. These they made captive, increas- 
ing the prisoners to four, wliom they drove before them a mile and 
a half east of the claim of Austin Wilbur Hall. Hall was absent from 
home, but his bi-other, Amos Cross Hall, was found there sick and in 
bed asleep. He was aroused, captured, and added to their band of 
prisoners, whom they marched to the claim of William Colpetzer, a mile 
to the southwest, and very nearly to the old home of Hamelton. Upon 
their approach, Mrs. Colpetzer begged her husband to escape. He was 
not conscious of having done any wrong, and refused to run, and was 
made prisoner. The Ruffians then went north to the house of Jlicliael 
Robertson who had come to Kansas from Effingham, Illinois. They 
took Robertson and his guest, Charles Snyder. From this point they 
marched northwest about a mile to the claim of William Hair- 
grove. There they captured Hairgrove and his son Amos. This made 



672 KANSAS AND KAN.SANS 

ten prisoners. They drove these prisoners northeast in a very brutal 
manner. Near the Hayrick Mound they met Austin W. Hall, who was 
returning from Captain Ely Snyder's blacksmith shop. Hall was driv- 
ing a yoke of oxen, and was suffering from inflammation of the eyes to 
such an extent that he could not distinguish the character of his cap- 
tors. When he was added to the prisoners all were warned not to 
converse among themselves. One man complained that he was hungry, 
and was answered that it was expected that they would have fried 
scalps for dinner. Another requested permission to drink as they crossed 
a small stream, and was answered, "Wait and get it in hell." From 
the point where thej' captured Austin W. Hall, the prisoners were 
driven to a ravine on an elevated prairie near the Snyder claim and 
blacksmith shop. They were there formed in line and Captain Brockett, 
who had been captured at the battle of Black Jack by John Brown, 
was left in command. Hameltou took a number of his men and went to 
capture Snyder. At Snyder's shop the Ruffians met with resistance. 
Snyder was a strong Free-State man, something after the type of John 
Brown. His claim was the northwest quarter of fractional Section 
twenty-six (26), Township twenty (20), Range twenty-five (2.5), lying 
less than half a mile from the Missouri line. The ravine in which 
Snyder had his blacksmith shop is the most rugged in the region. Its 
dii'ectiou is to the southwest, and at its head is a precipitous cliff twenty 
to fifty feet in height. The rock is a hard lime-stone, and is so broken 
that it can be ascended in several places. Its rugged aspect was in 
complete accord with the independent and fearless character of Ely 
Snyder. His residence was a cabin on the elevated prairie, some two 
hundred feet northwest of the fine spring at the head of the ravine. 
The prairie plateau circles around and makes the east bank of the ravine 
in which was Snj^der's shop. In the head of the ravine there is a resi- 
dence now. It covers the spring — now known as the John Brown Spring. 
In a basement room some ten by fifteen feet the .spring can be seen. 
It is in the northeast corner of the room and is walled up with stone. 
The water can be seen some three feet down, but it is not now used by 
the family. 

The ravine is now much filled up about the house, caused by a stone 
wall about another spring lower down. The blacksmith shop was on 
the east or northeast side of the ravine, on the steep bank some twenty 
feet from the bottom. It was something like one hundred feet from 
the upper or head spring. It faced north, and a lean-to shed stood on 
the south side of it. Hameltou and seven or eight of his men made 
■ their appearance on the flat on top of the hill above the shop, and sent 
down three men to call Snyder up. They came down and said to him 
that a man up on the hill wished to see him. Snyder stepped out at 
the west door and looked up the hill. When he saw Hameltou he knew 
there was trouble ahead. Hameltou called out: "Now I have you ju.st 
where I want you." Snyder sprang back into tlie shop and found one 
of the Ruffians standing near his gini. Tliis fellow liad entered through 
a rent in the wall caused by leaving off a board. Sinder struck him in 



KANSAS AND KANSANS 67.{ 

the face and knocked him clear out of the shop. Seizing his gun — 
shot-gun — from its place near the vise-bench, he came again out of the 
west door. Bell, the mounted Ruffian, who had delivered the summons, 
was then ascending the hill towards Hamelton. Snyder fired a load of 
buckshot into him and his horse and retreated toward a stone wall 
which his son, Elias Snyder, had built across part of the ravine. This 
wall was just west of the springs, and east of the present wall. Snyder 
fired at Hamelton, wounding him, and then took refuge behind the wall. 
A Ruffian shot at him. The ball struck the top of the wall and burst 
into fine bits, many of which Ely Snyder later picked out of his hat. 

Mrs. Snyder and her daughter were doing the family washing at 
the spring. The mother remained with her husband, and the daughter 
went up the bluff to the house, and awakened Elias Snyder, who was 
sleeping late that morning. Elias Snyder seized his gun and went out 
to join his father. He fired on the Ruffians, wounding one so severely 
that he died a few days later. As he advanced towards Hamelton, he 
met his father coming up the bluff towards the house, and who called 
out, "Give them hell, Elias!" But Hamelton was in retreat, passing 
north of the house back of some higher land. Looking across to the 
northwest the Snyders saw a number of men on a mound on the 
southwest quarter (S. W. i^) of Section 22, and saw them start down 
the summit. These were the main force of Hamelton 's Ruffian army 
with the prisoners. They came on at a signal from Hamelton, and 
were not seen again for some time by the Snyders, who had no idea 
of what was going on in the settlement except at their own claim. 
Hamelton had only about seven men with him in the attack on Snyder. 

Within a short time the Snyders heard firing to the west of them. 
In a few minutes Austin Hall came through some brush to the Snyder 
house and told of the massacre of the prisoners. About this time 
Hamelton and his meii were seen to the northeast passing behind a 
mound into Missouri. 

After meeting the rough rebuff at Snyder's shop, Hamelton re- 
turned to the force left in charge of the prisoners. The prisoners had 
heard the firing at Snyder's farm, but could not see all that occurred 
there. Hamelton was furious with rage when he returned to thd 
prisoners. Ordering them to follow, he led them to another ravine 
only a short distance away. He followed this ravine until it very nearly 
came out on the high prairie, and above where there were any bushes. 
The ground was smooth and covered with prairie grass. At a point 
where the ravine was so narrow as to compel the men to march in single 
file, he ordered them to halt and face east. After forming in line as 
directed, they occupied a space of about thirty feet. The man lowest 
down the ravine was Campbell. Next to him stood Colpetzer, then 
A. W. Hall, then the Hairgroves and Amos Hall. The order in which 
the other five stood is not known. Hamelton was in a fury, cursing 
the prisoners and his men. He separated his party, placing a line on 
each side of the ravine and about twenty-five feet from the prisoners. 
Hamelton and his lirothcr. Algernon, the two Yealocks. and a Ruffian 



674 KANSAS AND KANSANS 

named Hubbard, of savage reputation, all of whom were acquainted 
with the prisoners, were in the party facing them. In the presence 
of death only one prisoner spoke. WiUiam Hairgrove said, "Gentle- 
men, if you are going to shoot us, take good aim." When Hamelton 
ordered his men to get ready to fire on the prisoners, Brockett wheeled 
his horse and left the line. "With deep curses he said he could fight in 
battle, but that he would have nothing further to do with such an act 
as was evidently about to l)e eoiiimitted there. Brockett 's action came 
near causing a revolt of other RuiBans, but by threats and curses, 
Hamelton brought them back into line and gave the order to fire. 
Austin Hall afterwards said that as they fired he saw the hue of 
death appear on Colpetzer's face, and it came on him as an inspiration 
to fall flat with the others and feign death. 

The horror of the massacre was too much for many of the RufiSans, 
who immediately galloped away. As they were leaving, Hubbard called 
out, "They are not all dead. Let us finish them." He dismounted, 
and, with one or two men, came back. They went among the victims 
and examined them to see if they were living. They were compelled 
to protest against the action of Algernon S. Hamelton who sat on his 
horse and fired at the dead men as they were being examined. Hub- 
bard's party shot Patrick Ross again to make sure that he was dead. 
Coming to Austin Hall, they kicked him and pronounced him dead, 
though he had not been hit at all. Amos Hall was still breathing and 
Hubbard ordered a Ruffian to "put a pistol to his head. I never knew 
that to fail." In the effort to obey ordere, the pistol was put against 
Hall's face and the bullet almost cut his tongue in two, but remained 
in his mouth. That was the last shot fired. After robbing the mur- 
dered men, the last of the Ruffians rode away. When they had been 
gone a few minutes, Austin Hall called to the others. Two replied, 
but urged him to be quiet for fear the Ruffians were still near. Crawl- 
ing to the top of the hill. Hall saw the Ruffians on Spy Mound about 
a mile distant looking back toward the ravine. Hall then turned his 
attention to the wounded. Campbell gave him some messages to write 
to his friends, and directed where some money belonging to his em- 
ployer could be found. Hall then went to Snyder's cabin, who knew 
nothing of what had occurred in the morning, and did not understand 
the nature of the firing which they heard at the ravine. The Snyders 
and Hall started out to get help. They soon met Mrs. Hairgi-ove and 
Mrs. Colpetzer, who, suspecting Hamelton 's intentions, had hitched a 
yoke of oxen to a wagon into which they had put bedding and followed. 
The men hurriedly told them what had been done, and went on to 
alarm the settlers. They soon secured about twenty-five men and 
started to the ravine. On the way they met the two women bringing in 
the wounded in the wagon. The dead were then removed. They were 
Colpetzer, Campbell, Ross, Stillwell, and Robertson. They were first 
taken to a house on the north side of Timbered IMound, where four of 
them, Colpetzer, Campbell, Ross and Robertson were buried in a com- 



s.^^ 




676 KANSAS AXl) KAXSAXS 

mon grave. Stilhvell was buried at ]\Ioiind City. The five wounded 
recovered rapidly. 

Hamelton with his men went back to Jerry Jackson's store at West 
Point, but remained there only a few minutes. Hamelton left and 
went to Westport, where he resided for some time. 

It was long believed that Hamelton was assassinated by Captain 
Ely Snyder. Snyder himself believed so. He trailed him for some 
years and finally shot some man believing it wa.s Hamelton. In a 
letter written by General John H. Rice to Joel Jloody, dated Fort 
Scott, Kansas, July 7, 1890, General Rice Says: 

I became acquainted with Dr. Thomas Hamelton. in 1847. He w-as an 
eminent Physician. As a Phy.sician and scholar he stood far above the 
average of his class. His sons were : 

Charles A. Hamelton. Born about 1822. 
George P. " " •' 1826. 

Algernon S. " " " 1828. 

Dr. Hamelton, the father, died in Rome, Georgia, in 18r)7. 

In 185-4 Milt McGee, of Kansas City, came to Georgia soliciting money 
to make Kansas a slave State. He made a speech at Ca.ssville. Dr. 
Thomas Hamelton gave him his check for $1,000.00. 

Chas. A. Hamelton was a Planter (as they were called). 

George P. read medicine. 

Algernon never followed any special pursuit. 

Capt. Charles A. and George Peter came to Kansas to carry out 
the Dr. 's sentiments (1 do not remember exact date), I gue.ss about 1855 
— What they did in Kansas you know better than I do. 

They left Kansas & returned to Georgia in fall or winter 1857 & 8 
I think. I was practising law in Rome, Georgia, in 1858, and at Sept. 
term of court in 1858 Capt. Chas. A. Hamelton came to me and said he 
was bankrupt, insolvent, and under arrest, then for debt. ("Imprison- 
ment for debt was in vogue then) and, we had a State Insolvent law, 
similar to the la.st Nat. Bankrupt law. TTnder certain circumstances the 
Debtor could file a schedule of property and take an oath that released 
him from arrest. 

I filed proceedings for him — filed his schedule — as well as 1 remember 
now contained one item, a watch. And the court on my motion ordered 
the oath administered and Hamelton released. When done, he says to me. 
"I will see you at your office directly after dinner (not a word had been 
said about the fee). About one o'clock he came into my office, and said: 
"General, you did me a great favor, and I am free, and now I start 
again in the world (and he shed tears freely) ; here is all I can give 
you as compensation for your trouble. (And he threw down on my 
table four .$20 gold pieces.) I am going to Texas, start in an hour, good- 
bye." That is the last 1 ever saw or heard from him, except from hear- 
say. He, however, went to AVaco, Texas; lived there until 1861. Raised 
a Regiment and .ioined Lee in Va. Lived througii the War — returned 
to Texas; lived there till about 1878, when he returned to Georgia. 
Lived in Jones county, where the old Dr.. his father, was born, and died 
about 1881 of appoploxy. He stood 5 feet 10 inches— weighed about 
180 pounds — of a florid complexion. Was intellectually and physically 
an active man and one of the handsomest men I have ever seen. 

George Peter Hamelton, on returning from Kansas, went to ]Missis- 
sippi, where he practiced medicine and died there (so 1 have heard). 

Algernon S. Hameltnu went into tiie Confederate Army and was 
killed in one of the Va. l)att!es. 



KANSAS AND KANSANS 677 

Old Dr. Hamelton was my father-in-law's family physician, and I 
knew them all well. 

They were a very "high strung" family, aristocratic, rich, haughty, 
and domineering. 

In June following this massacre, John Brown erected a fort on the 
Snyder claim and remained there several months. He made a raid 
into Missouri in which his force was divided into two bands. A num- 
ber of slaves were liberated and later carried out to Canada. This 
raid was the occasion which caused the writing of the famous com- 
munication known as "Old Brown's Parallels," as follows: 

Old Brown's P.vr.\llels 

Trading Post, Kansas, Jany. — , 1859. 

Gents : You will greatly oblige a humble friend by allowing me the 
use of your columns while I briefly state Two parallels in my poor way. 
Not One year ago Eleven quiet citizens of this neighborhood (Viz.) 
Wm. Kobertson, Wm. Colpetzer, Amos Hall, Austin Hall. John Camp- 
bell, Asa Snyder, Thos. Stilwell, Wm. Hairgrove, Asa Hairgrove, Patrick 
Ross, and B. L. Reed, were gathered up from their work, & their homes 
by an armed force (under One Hamilton) & without trial; or oppor- 
tunity to speak in their o\vn defense, were formed into a line & all but 
one shot. Five killed & Five wounded. One fell unharmed, pretending 
to be dead. All were left for dead. Now I inquire what action lias 
ever since (the occasion in May last) been taken by either the President 
of the United States ; the Governor of Missouri ; the Governor of Kansas 
or any of their tools; or by any proslavery or administration man? 

Now for the other parallel. On Sunday, the 19th of December, a 
Negro man called Jim came over to the Osage settlement from Missouri 
& stated that he, together with his Wife, Two Children, & another Negro 
man were to be sold within a day or Two & beged for help to get away. 
On Monday night of the following day Two small companies were made 
up to go to Missouri & forcibly liberate the Five slaves, together with 
other slaves. One of those companies I assumed to direct. We pro- 
ceeded to the place, surrounded the buildings, liberated the .slaves; & 
also took certain other property supposed to belong to the Estate. We 
however learned before leaving that a portion of the articles we had taken 
belonged to a man living on the plantation as a tenant & who was sup- 
posed to have no interest in the Estate. We promptly restored to him 
all we had taken so far I believe. We then went to another where we 
freed Five more slaves, took some property : & Two ivhite men. We 
moved all slowly away into the territory for some distance & then sent 
the White men back, telling them to follow us as soon as they chose to 
do so. The other company freed One female slave, took some property ; 
& as I am informed killed One Wh.ite man (the master) who fought 
against the liberation. 

Now for a comparison. Eleven persons are forcibly restored to their 
natural; d- unalienable rights with but one man killed; & all "Hell is 
stirred from beneath." It is currently reported that the Governor of 
Mi-ssouri has made a n'liuisition upon the Governor of Kansas for the 
delivery of all such as were concerned in the last named "dreadful out- 
rage;" the Marshall of Kansas- is said to be collecting a posse of Jlissouri 
(not Kansas men! at West Point in Mi.s,souri, a little town about Ten 
Miles distant, to "(>nforce the laws," & and all proslavery conservative 



678 KANSAS AND KANSANS 

Free State dough faced men & admiuistration tools are filled with holy 
horror. Respectfully Yours, 

John Brown.' 

lu the La Cygne Journal in the year 1895, John A. Hall published 
an account of the Marais des Cygnes massacre. Concerning the occu- 
pancy of the Snyder claim by John Brown, Mr. Hall has this to say : 

Charles Crysi:al Hadsall, who became an associate of old John Brown 
a few days after the massacre, was boni in Northmoreland, Luzerne 
County, Pennsylvania, April 14, 1825. He is of Dutch ancestry. He 
removed to Illinois in 1846, made a trip to California in 1852 and came 
to Kansas in May, 1858. 

Hadsall came down through Bates County, Missouri, where he fell 
in with one of the assessors named "Bushon," who told Hadsall if he 
would help him write out his report he would assist him in the selection 
of a claim which Hadsall was looking for, so that after a day or two 
they were riding around over the country' together. At one place they 
met a fellow named "Matlock," who was boasting about how he and some 
friends had "killed a lot of abolitioni.sts" a few days previous over in 
Kansas. The fellow's details of the crime were revolting to Hadsall and 
he made notes of what he heard. 

The next day they were at the house of Thomas Francis, where they 
met Captain Weaver and Eli Snyder, the blacksmith. Assessor Bushon 
was visibly excited at meeting Snyder and soon left. Hadsall then told 
Captain Weaver about Matlock and wOiere he could be found, but Weaver 
paid no attention to him, but on leaving invited Hadsall to accompany 
him over in Kansas, and on the way told Hadsall he had already sent men 
after Matlock and sure enough they had him a prisoner at the Snyder 
place when they arrived. Mr. Hadsall cannot tell the exact date but 
distinctly remembers that the ground was still red with the blood of the 
victims. It is reliably tixed at about the last week in June. He says 
that John Brown had already begun the erection of the fort and had 



^ This is given just as Brown wrote it. The original is in the library 
of the Kansas Historical Society. It was first published in the New 
York Tribune and the Lawrence Republican. The original shows some 
interlineations made with pen and some made with pencil. Mr. Sanborn 
believes those made with pen were made by Kagi. Mr. E. P. Harris was 
a compositor in the L'cpuhlican office when the copy was received. The 
changes and additions made with pencil, now to be seen on the original, 
in the libraiy of the State Historical Society, and the changes in orthog- 
raphy, were made by Mr. Harris, as he informed me. He also changed 
the punctuation. These changes all appear on the original copy in the 
handwriting of Mr. Harris. The paper as edited by Mr. Harris has been 
used as the copy of this valuable communication, and may be found in 
most all the biographies of John Brown. By comparing one of those with 
this the additions will readily appear. 

The original paper bears some evidence that it was contemplated that 
some one else, probably Kagi, should make additions to it. There are 
spaces left to be filled if thought necessary; one of these follows the list 
of victims of the Marais des Cygnes massacre, and another is at the 
close. The only word in the original not in the copy as printed herein 
is the word "party." This is the last word, and is below the space and 
next to the signature. There is no connection between it and what pre- 
cedes it in Brown's handwriting, and it is in his handwriting. Mr. Harris 
made it a part of the last sentence in the copy as published generally. 



KANSAS AND KA^JSANS 679 

purchased the claim from Snyder. Brown had a company organized and 
had the place maintained in regular military order. From that on 
Hadsall became a daily associate of Brown, and had every opportunity 
to learn of his doings. Above all he admires Brown's militaiy genius, 
as in fact do all those who were with him in those days. He showed 
great skill in the construction of the fort, and at the expense of tedious- 
ness his description is related. The site of it was in front of where 
Snyder had his shop. It was in a little cove in the south end of the 
mound which extended hack about a hundred yards from the road at 
the base of the mound. At the head of this was a spring of good water 
and all around rather .steep slopes. About fifty feet from the east, 
north and west wall of the little enclosed valley Brown built out of 
hewed logs a two-story house, 18 by 20 feet square, with a flat roof. 
There were numerous port holes on each floor which made it easy to 
observe the approach of anything from any direction. To the height 
of a man 's shoulder on the outside a stone wall three feet thick had been 
constructed and the water from the spring ran through the house and 
into a pit three feet deep at the southwest corner on the outside, at the 
foot of a fine oak tree. Brown usually took water from this place and 
was proud of the arrangement. At the east end of the fort was another 
handsome spreading oak under which, during the summer he cooked and 
ate and carried on the business devolving upon him as commander. 
Nearly all of his followers were there at first, among them John H. Kagi, 
Stevens, Tidd, Leeman Anderson, .several of whom were afterward with 
him and died with him at Harper's Ferry. So far as the claim and the 
fort could belong to any one it belonged to old John Brown individually 
by purchase from Eli Snyder, .several eminent historians to the contrary 
notwithstanding. Brown busied himself with the preparations of manu- 
scripts and as Hadsall sat and talked with him he asked Brown what his 
plans for the future were. For answer Brown passed over to him the 
manuscripts and upon perusal Hadsall found them to be an exhaustive 
treatise on military science and rules of war. It was a high moral code 
in its provision as to the treatment of conquerors enemies and required 
soldiers to abstain from pilfering and robbery, but permitting them to 
take their sustenance from the enemy during active war. Beyond allow- 
ing Hadsall to read his writings Brown never communicated his plans 
to him. At times he would entertain them with descriptions of great 
battles of the world and the strategies used by successful commanders. 
Brown seldom had more than a half dozen men with him at the fort, 
but all along the Mis.soiiri line sentries were posted and men reported 
to him at various hours. No man was permitted to enter the territory 
without satisfactory evidence of good intentions. Frequently prisoners 
were brought in and a court martial assembled at which old John Brown 
.sat as President. If the prisoner was adjudged all right he was released, 
but if there was a doubt about hira he was marched to the Missouri line 
and told to travel east. At one time an ignorant squatter from Missouri 
was brought in and after it was decided he was harmless Brown invited 
him to dine with them and asked him if he would have a glass of "aboli- 
tion milk," which the fellow said he would, but showed that he was 
suspicious by the way he tasted it, and remarked, "Why, that 'ere tastes 
like cow's milk." Brown laughed and told him it was cow's milk from 
James Montgomerj- 's cows. 

Things went on this way till July 25, when Snyder proposed to Had- 
sall that he purchase the place from him and say nothing to Brown about 
it. Hadsall expressed some surprise and told Snyder he would do noth- 
ing of the kind, and soon after told Brown of Snyder's proposition to 
him. On that occasion Brown showed the only anger that Hadsall had 



680 KANSAS AND KANSANS 

ever witnessed, but walked away without saying much. Shortly after he 
told Hadsall that he was content for him to have the place, but Brown 
wanted to reserve all privileges of military occupation at his pleasure. 
It seemed that Brown had not made all his payments to Snyder, who 
in a way not unusual to him was trying to get .some money from Hadsall. 
That day Brown wrote out and signed the bill of sale to Hadsall, and 
signed it in his own name, and Snyder, after turning over to Hadsall his 
three yoke of oxen, cows, wagons and plows, received six hundred dollars 
from Hadsall and added his quit claim to the bill of sale. Hadsall lost 
his precious bit of paper during the war. 

Along the latter part of the summer of 1858 Brown's sentinels were 
withdrawn and his company returned to their homes. Brown then was 
at the place only at intervals, but Mr. Had.sall remembers he was often 
there after cold weather, i During his ab.sence he was at Montgomery's 
fort and in December was down on the Osage in Bourbon County. 

Duriijg Brown 's stay at the Snyder place Hadsall was impressed with 
the utter absence of selfishness or egotism or vain-gloriousnes.s in Brown. 
He wa« modest and unassuming. All his orders were more like requests 
and implicitly obeyed. He frequently visited Austin Hall, Dr. Massey 
and others, and was well known to them, much of his talk being very 
prophetic of .subsequent events. Among strangers he generally passed 
by an assumed name, usually as Captain Walker, but his men addres.sed 
him as "Captain Brown." It was in Dr. Massey 's house, the old Jarieu 
trading post, that he wrote his famous '"parallels" dated January 3, 
1859, as is proved by the testimony of George A. Crawford. This great 
character — one of the world 's heroes, left a reputation here without the 
stain of a single act of wrong-doing. 

Other Troubles in Southe.vstern K.\ns.\s 

In the spring of 1856 a colony of thirty nu'n from South Carolina 
settled in Bourbon county under a leader named George W. Jones. This 
colony came into Kansas by direction of a Southern Emigrant Aid Society. 
Upon their arrival in the Territory they were very agreeable in their 
conduct. They visited the Free-State settlers and ascertained from them 
their names, the locations of their claims, and everything which would 
enable them to later dispossess these first settlers. In July the attitude 
of the members of the colony changed. They caused the arrest of the 
Free-State .settlers, who were taken to Fort Scott and there advised to 
leave the Territory if they had any regard for their pei-sonal safety. In 
this way the Free-State men were driven out and the Pro-Slavery men 
put in possession of their claims. 

In August a party of Texas Rangers arrived at Fort Scott. These 
"Rangers" joined a party under command of Captain William Barnes, 
which numbered, with their addition, about one hundred and fifty. They 
marched north .looking for adventure and for the purpose of having 
"some fun." They camped on Middle creek, in Linn County, some eight 
miles south of O.sawatomie, where they were attacked by Captains Ander- 
son, Cline, and Shore, and dispersed. They fled in a mad rout toward 
Fort Scott. They burst in upon Fort Scott about midnight yelling, 
"The Free-State men are upon us I The buildings will be burned!" A 
panic ensued. ]\Iany of the citizens fled the town. A large number of 



KANSAS AND KANSANS 



681 



them, under eoiumand of Colonel H. T. Wilson, took refuge in the cabin 
of one Brantly, where they spent the remainder of the night in prayer. 
The Free-State men did not appear, and the panic-stricken citizens 
returned to their homes. They felt, however, that it would be best to 
send their families away. George W. Jones owned a large wagon, called 
Noah's Ark No. 2. Into this he loaded all the women and children who 
had no other means of escape at their eoniraand, and set out for Missouri, 
his wagon being drawn by four yoke of oxen. 




James iloNTcoMERY 

[Copy by Willard nf I'ortrait in Library of Kansas State Historical 
Society] 

In 1857 the Free-State men who had been expelled the previous year 
began to return. They came in increased strength, and believed them- 
selves strong enough to maintain their rights. They organized a society 
known as the "Wide Awakes," which was to offset a society known as 
the "Dark Lantern Lodge," maintained by the Pro-Slavery men. Leaders 
in the Wide-Awakes Avere J. C. Burnett, Captain Samuel Stevenson, 
Captain Bain, Josiah Stewart, and Benjamin Rice. Having completed 
their organization, they notified the Pro-Slavery men that their claims 
must be vacated and restored to them. Many of the Pro-Slaver>' men 
abandoned the claims, but others had to be forced out. The incident 



682 



KANSAS AND KANSANS 



usually cited in historical works in these particular difficulties is that 
of Stone against Southwood. Southwood was a minister of the Methodist 
Episcopal Church. South. He had been placed in possession of Mr. 
Stone's claim and house. He refused to restore the premises to Mr. Stone, 
whereupon the Free-State men erected him a cabin near that occupied by 
Southwood. Into this cabin Stone mo%'ed with his familj', intending to 
file on the claim when the land office should be opened. Both families 
secured water from the same well, which caused a di.spute, and Mrs. 
Southwood assaulted ilrs. Stone. Upon report of this affair to the Free- 
State men, they notified Southwood to leave the premises by a certain 
time. On the day before that fixed for Southwood 's departure, his Pro- 
Slavery friends, to the number of two hundred, assembled at the house 
with the intention of expelling Stone from the claim. The Free-State 
men assembled to protect Stone. They were attacked at nightfall by the 




lilOfK II 



Pro-Slavery party, wlio did not sucoecd in defeating the Free-State men. 
They left for Fort Scott threatening to return with reinforcements and 
hang every Free-State man found on the claim. The Free-State men 
rallied reinforcements until they numbered about sixty men. South- 
wood's friends returned from Port Scott and again attacked, but were 
defeated. Southwood then left the claim in the possession of Stone. 
Occurrences similar to this were numerous. 

In these claim contests the Pro-Slavery men appealed to the District 
Court at Fort Scott, where Joseph Williams was Judge. He was a rabid 
Pro-Slavery man, and every claim contest submitted to him was decided 
in favor of the Pro-Slavery claimant. Frequently the Free-State man 
was indicted on some trumped up charge, arrested, refused bail, and 
imprisoned. This state of affairs was intolerable to the Free-State 
settlers. They appealed to Montgomery, who decided to terminate the 
procedure followed in the court of Judge "Williams. A Pro-Slavery 



KANSAS AND KANSANS 683 

prisoner was treated with great rigor and permitted to hear Montgomery 
inform some of his follower that he intended to march on Fort Scott 
and release the Free-State prisoners. When this prisoner was released 
by Montgomery he appeared before Judge Williams and informed him 
that Montgomery would soon be down upon the town with a band of 
Free-State men. Judge Williams immediately had the Free-State pris- 
oners brought before him, when he released them without bail. 

Being entirely dissatisfied with the conduct and decisions of the court 
of Judge Williams, the Free-State men decided to organize a Squatter 
Court in opposition. Dr. Gilpatrick of Anderson county was made Judge 
of this court and Henry Kilbourn was made the Sheriff. This court was 
as partial to the Free-State men as that of Judge Williams was to the 
Pro-Slavery men. It was determined by the authorities at Fort Scott to 
break up the court. Deputy United States Marshal Little was dispatched 
with a posse from Fort Scott, on the 12th of December, 1857, to capture 
the court, but his attempt was a failure. He determined to try again, 
and on the 16th he left Fort Scott with about fifty men. The court was 
held in the house of Captain Bain. When Little appeared in sight, a 
committee consisting of D. B. Jackson, Major Abbott and General Blunt, 
was sent out to meet him, bearing a flag of truce. Little was in a very 
bad humor, and informed the Free-State committee that if the court did 
not surrender in thirty minutes, he ' ' would blow them all to hell. ' ' The 
Free-State committee returned to the fort, as Bain's house was called, 
and prepared for defense, knocking out the chinking between the logs of 
the cabin to secure port-holes. The Free-State settlers having shot- 
guns were stationed inside, and those who had rifles were placed outside, 
behind trees. Major Abbott then proclaimed that if Little advanced 
beyond a certain point he would be fired on. Little did not take this 
warning seriously, and advanced, when the Free-State men fired a heavy 
volley. The Marshal's posse returned the fire and retreated about half a 
mile. Here they took account of what had happened and found that 
four of the number were wounded and that B. F. Brantley's horse had 
been shot through the neck. Little determined to make another attack 
upon the fort, and called for volunteers for that purpose. Ten men 
stepped out and followed him in the second advance, when they were 
again fired on. The Marshal then retreated to Fort Scott. He returned 
on the following day with about one hundred and fifty men. When he 
was approaching Fort Bain, William Hinton informed him that "his 
birds had flown." Cautiously approaching the fort, the Marshal found 
this to be true. The court, during the night, had retreated to the Baptist 
Church at Danford's Mill, where Free-State settlers to the number of 
three hundred assembled. They were not molested by Little and returned 
to Bain's house on the following Sunday. They soon disbanded and 
returned to their homes. 

General James H. Lane was directed to go to the aid of these Free- 
State settlers. He did so, and the report of his campaign was made to 
the Territorial Legislature. It is here set out : 



684 KANSAS AND KANSANS 

Headquarters Kansas Militia, 

Lawrence, Jan. 15, 1858. 
To his Excellencii the acting Governor of Kansas Territory, the President 
of the Council, Speaker of the House of Representatives of the Legis- 
lative Assembly: 

Gentlemen : — In the discharge of duty, I submit the following report 
on a subject which has excited much interest and comment. At the time 
of my election, by your honorable body, as Major General of the Militia, 
news was rife, as you will remember, of a disturbance in Bourbon 
county. 

Immediately after the adjournment of your special session, I repaired 
to the scene of action, sending Generals Phillips and Plumb in advance, 
to inform the people that a force of U. S. troops were moving in that 
direction. Accompanied by Gens. Stratton, Whitman, Shore and Leon- 
hart, I arrived at Sugar Mound, where the people were encamped, under 
the command of Col. J. B. Abbott, shortly after the mes.senger. On 
inquiry, I ascertained that the people had been compelled to take up 
arms, for these causes and reasons : 

Two years ago a man named G. W. Clark, notorious for his connec- 
tion with the murder of the lamented Barber, organized a band of 
marauders in Missouri, who invaded that district of the Territory, laying 
waste the country, driving off the Free-State settlers, plundering and 
insulting them and their families, and then taking possession of their 
claims and stock, which they were compelled to leave. During the pres- 
ent summer and autumn a number of the settlers thus expelled from 
that district, returned, and endeavored, by peaceable means, to recover 
their rights and property. They were met by writs obtained from 
unscrupulous and unjust officers, many of them arrested on pretended 
charges, for offenses which were never committed, and imprisoned at 
Fort Scott, in cells unfit even for felons to inhabit ; in several cases their 
property was sold at nominal prices, and driven out of the Territory, to 
defray expenses not yet accrued, and other outrages perpetrated similar 
to those which drove the people to arms in former periods of our history. 
During the perpetration of these outrages. Col. Abbott, Dr. Gilpatrick 
and Rev. J. E. Stewart, who had been ordered thei-e, arrived and pro- 
ceeded to establish a Squatter's court, for the redress of grievances and 
the restoration of peace. About the time they closed their sittings, hav- 
ing decided all the cases on the Little Osage, they were assaulted by an 
armed mob, five times their number, pretending to act under the author- 
ity of an U. S. Marshal. The assault was successfully worsted — several 
assailants killed and wounded, and the remainder driven back to their 
dens in Missouri. It was immediately after this conflict that I arrived 
at Sugar Mound, proceeded at once to enroll the people under your act 
of Dec. 17th; sent out scouting parties in all directions, informing the 
people that we were to protect all actual settlers, without reference to 
their political opinions. We were kindly received by all, and our 
authority cheerfully recognized. 

On the evening the companies were to be disbanded, our scouts brought 
news that a company of U. S. troops were moving upon us with the 
avowed intention of attacking us. We immediately took position, intend- 
ing, if possible, with honor, to avoid a conflict, but prepared to meet it 
successfully if forced upon us. We remained in this position, thus taken, 
until we ascertained that the U. S. troops had marched to Fort Scott, 
and had received written assurances from Judge Williams that the Free 
State prisoners would be protected and treated kindly. Peace being 
restored we disbanded the command, retaining two companies in the field, 
some thii'ty men, witli orders to protect the inhabitants. On my return 



KANSAS AND KAXSANS 685 

to Lawrence, a writ from Judge Miller, Probate Judge of this county, 
was placed in the hands of Captain Miller, of my command, for the 
arrest of the judges and clerks of the election in Johnson county, who 
had participated in the frauds committed at the election held on the 
twenty-first of December. As the prompt service of the writ was deemed 
important, I thought incumbent to go in person with the command. The 
duty was discharged and the command disbanded. 

These expeditions have been attended with some expense, a full and 
concise amount of which has been kept, and will be transmitted, with 
vouchers, to you, from the Quartermaster's and Commissary's De- 
partments. 

As the object of the organization, provided for in the law of December 
17th, was the protection of the people of Kansas, and as- the action had 
was indispensable in that direction, it is hoped it will meet your hearty 
approval. 

Respectfullv, 

J. H. Lane, 
]\Iaj. General. 

Other conflicts occurred during the winter. They tei-minated very 
much as had those already, described. Montgomery 's men became known 
as "Osages" because their operations had been largely confined to the 
country drained by the Little Osage. The people of Fort Scott were 
in constant terror from rumors that the Osages were likely to attack the 
town. On the 13th of December, at a public meeting, a committee on 
Resolutions was appointed. This committee reported at an adjourned 
meeting held in the afternoon the following resolutions: 

Resolved, That the Sheriff' and Deputy ^Marshal be requested to make 
affidavits to the facts fouciiiiig the matter now under consideration, and 
tha^t-the same be convened by express, aecdinpanied by a comnuinicafion 
to the Governor of the Territory for military aid. 

Besohfd, That a committee be appointed, ecmsisting of five pensons, 
to be "denominated a "Committee of Vigilance," under whose authority 
and directions a military organization shall be had, with a view to aid 
when necessary the civil authorities in the execution of warrants, and any 
other legal process, and in the due execution of the laws ; and it shall be 
the further duty of the committee to organize a night patrol for the 
security of our town, its citizens and their property. 

Pursuant to the authority conferred by the passage of the resolutions, 
a vigilance committee M'as appointed consisting of H. T. Wilson, B. Little. 
T. B. Arnett, George A. Crawford, and J. W. Head. An appeal was 
made to the Territorial Governor, F. P. Stanton. This appeal was made 
through the Sheriff as follows : 

To His Excellency, F. P. Stanton, Acting Governor of Kansas Territory : 
Sir: As Sheriff of Bourbon County, I feel it my duty to report to 
you that, in consequence of an organized and armed resistance to the 
civil authorities by a body of armed men in this county aided and assisted 
by men equally lawless, I am unable to serve processes, make arrests, or 
otherwise perform my official duties; and I have the honor to ask that 
you have a body of United States troops sent to this point to aid me in 
enforcing the laws, and to give quiet to the disturbed state of things in 



686 KANSAS AND KANSANS 

this region. Herewith 1 send my affidavit and the concurrent statement 
of Marshal Little. 

John S. Cummings, 

Sheriff of Bourbon Couniij. 

Stanton ordered companies E and F, First United States Cavalry, 
to Fort Scott. Tliey arrived there the 21st of December. Their presence 
quieted the country for a few days. Believing the troubles over they 
were removed to Fort Leavenworth on the lOtli of January, when the 
troubles immediately broke out anew. On the 10th of February, 1858, 
it was reported in Fort Scott that the Osages were descending upon the 
city. This intelligence proved correct. A ilr. Johnson, who had suffered 
at the hands of the Pro-Slavery men, had appealed to ^Montgomery for 
assistance. ^Montgomery assembled about forty of his followers and 




Old Governmknt IL 



Fort Scott. Erected 184.' 



marched upou Fort Scott. A deputation of citizens met him at the 
border of the town, and of these Montgomery demanded the surrender 
of those for whom he had warrants, which had been proeui'ed against the 
men who had committed the outrages against Mr. Johnson. The Com- 
mittee of citizens said the men would be surrendered if they could be 
tried in Port Scott, otherwise they would not be surrendered without a 
fight. iVIontgomery announced that a fight was what he desired, and 
started to move into the town. The deputation, including Judge AVil- 
liaras, George A. Crawford, and all the leading Pro-Slavery men, fled 
to Missouri. Montgomery with his Osages found the town deserted of all 
those he wished to arrest, and returned to Liun County. 

United States troops were again sent to Fort Scott, two companies of 
the Fii-st Cavalry arriving on the 26th of February, undei- command of 
Captain George T. Anderson and Lieutenant Ned Ingraham. Mont- 
gomery then confined his activities to the Pro-Slavery men in the country, 
driving Ihem into Ihc city of Fort Scott, lioping to starve out the town. 



KANSAS AND KANSANS 687 

About three hundred families were thus compelled to take refuge there. 
These operations continued well into the spring. On the 21st of April, 
Montgomery was opei-ating on the Marmaton. Intelligence of his pres- 
ence there was conveyed to Captain Anderson, who immediately started 
in pursuit. He passed Jones' saw mill, where he found a meeting of Free- 
State men in deliberation under a chairman by the name of John Hamil- 
ton. Anderson requested Hamilton to go with him, but this invitation 
Hamilton declined. Anderson continued his piu-suit of Montgomery who 
retreated up Paint Creek. At a narrow defile, Montgomery dismounted 
his men and prepared to defend himself. Upon the approach of Ander- 
son 's troops they were fired on and one of the number fatally wounded. 
Anderson's hoi-se was killed and it was found that Montgomery could 
not be dislodged. A truce was called to enable Captain Andereon to be 
removed from under his hoi-se. While this was being done, Montgomery 



On the following day the Free-State men assembled and passed the 
these resolutions : 

Whereas, A body of Government soldiers and border ruffians did, 
on the 21st inst. fire upon some Free-State citizens, who were peacefully 
and inoffensively traveling on the common highway, and being incited 
to commit said outrageous and unlawful act by other ruffians living in 
Fort Scott; 

Resolved, 1. That Judge Joseph Williams, the corrupt tool of slavoc- 
racy, be required to leave this Territory in six days; after that period 
he remains at the peril of his life. 

2. That Dr. Blake Little, J. C. Sims and W. T. Campbell, the traitors 
who were elected by fraud and corruption to the bogus Legislature, be 
required to leave within six day.s — an infraction of this order at their 
peril. 

3. That H. T. Wilson, G. P. Hamilton and D. F. Greenwood, the in- 
famous swindlers of the Leeonipton Convention, who forged an infamous 
constitution, be hung to death if they are caught in this Territory ten 
days from date. 

4. That E. Ransom and G. W. Clarke, the holders of the two "wings" 
of the pretended National Democracy and the corrupt fuglemen of a 
corrupt President, have six days to leave this Territory, under penalty 
of death. 

5. That J. H. Little, James Jdiics, Rnxkctt, R, :\I.Dnnald, A. Camp- 
bell, Harlan and the ruffians wlm ac('(iin|):iiiicil tin' sDMiors to assist and 
witness the massacre of Free-Sl;iti' citi/ciis, !»■ sciilrin'cil to death. 

6. That Kennedy, Williams and D, Sullivan, who stole by legal forms 
horses of Free-State men, be sentenced to whipping and branding and 
then be driven from the Territory. 

7. That after the departure of the Judge and Marshal, no other official 
officers shall be allowed to administer the law but those elected under 
the Free-State constitution. 

8. That Judge Griffith, Maj. IVIontgomery and Capt. Hamilton be 
(lirected to carry out the orders of this meeting. 

9. That Capt. Ander.son sliall be hanged to the highest tree in Bour- 
bon County, and every soldier put to death wherever he may be found. 

10. That a copy of this notice be served on the people of Fort Scott. 

It is not known that these resolutions were sent to Fort Scott imme- 
diatelv, and the Free-State men made no effort to enforce them. 



688 KANSAS AXD KAXSANS 

On the 6th of May additional troops arrived at Fort Scott, under 
command of Major Sedgwick. This force consisted of one company of 
dragoons and one of heavy artillery, together with a section of T. \V. 
Sherman's battery. They remained in the vicinity of Fort Scott until 
the 17th, returning on that day to Fort Leavenworth. The Marais des 
Cygnes massacre on the 19th caused intense excitement throughout the 
country, and many rumors alarmed the people. Governor Denver dis- 
patched Deputy United Slates :\Iarshal Saiiniel "Walker, (if Douglas 




S-IMUEL W.\LKER 

(Coi)y by WiUard of Portrait in Library of Kansas State Historical 
Society] 

county, with a force to arrest Montgomery and his men. Walker reached 
Raysville on the 29th. He found assembled there about two hundred 
Free-State men, who were being addressed by ^Montgomery in favor of 
setting out inunediately to burn Fort Scott. Mr. Oakley, a Free-State 
man, was acquainted ^\^th Walker and asked him what he was doing there. 
Walker replied that he had come to arrest Montgomery. He was advised 
that Montgomery could not be arrested. It was finally decided to march 
on Fort Scott, when Walker requested permission to address the meeting. 
He said if the Free-State men would secure warrants for the arrest of 
Clarke and otlier Pro-Slavcr\- men, and fui'nisli liiiu with a poxse, he 



KANSAS AND KANSANS 689 

would go to Fort Scott and arrest them. Upon being informed that the 
judges would not issue warrants for these parties, Walker advised that 
warrants be secured from a justice of the peace. A number of warrants 
were secured in this way. 

Taking a posse of seventy-five men, with Montgomery in command, 
the Marshal entered Fort Scott on the 30th of May. George W. Clarke 
was the first man to discover this force entering the town. He took his 
rifle and ran to the hotel, where he gave the alarm, and then departed 
for his own house. Walker arrested some of those for whom he had war- 
rants, when he went to Clarke's house. Clarke refused to suii-ender, 
when jMontgomery formed his men in front of the house. Three hundred 
Pro-Slavery friends of Clarke immediately assembled and confronted 
Montgomery's men not ten feet distant. Walker took up the tongue of 
a government wagon, and was about to break down the door of Clarke's 
house when he appeared at a window and said that he would sui'reuder 
if he could be convinced that filarshal Walker was in command. Upon 
being assured of that fact, he came do^vn and asked to see the writ, which 
the Marshal refused to show. But Walker drew his revolver and 
requested Major Williams to hold his watch and count ofi: two minutes, 
telling Clarke that if during two minutes he did not surrender, he would 
shoot him. Clarke then surrendered. Captain Campbell, a deputy 
United States Marshal of Fort Scott, produced a warrant for the arrest 
of Montgomery, and requested Walker to make the arrest. Walker 
replied, "Arrest him yourself; if I had a warrant for him I would arrest 
him. ' ' At this point Montgomery ordered his men to mount their horses, 
which they did, starting immediately to ride out of town, leaving Walker 
alone. Walker then requested Campbell to furnish him a horse, saying 
that he would pursue and arrest Montgomery, which he did, returning 
to the town with his prisoner. He turned Clarke over to Captain Lyon 
to be taken to Lecompton for trial. Walker immediately set out for 
Leeompton with ilontgomery. At Raysville he was overtaken by a mes- 
senger who informed him tliat Clarke had been released by a writ of 
habeas corpus. Upon hearing this, Walker released Montgomery and 
told him to stay and fight it out, and after he was through to report at 
Lecompton, which Montgomery agreed to. On the 7th of June, Mont- 
gomery 's men returned to Fort Scott and attempted to bum the Western 
Hotel, his men firing on the town at the same time. No one was injured 
by the shots, and the fire was extinguished. Captain Nathaniel Lyon 
was stationed in the city on the 10th, to maintain order. On the 13th of 
June, Governor Denver arrived in Fort Scott. A public meeting was 
called on the 14th for the purpose of finding some means of settling the 
difficulties. An adjoui-ned meeting was held at Raysville, when the 
following agreement was reached : 

1. The withdrawal of the troops from Fort Scott. 

2. The election of new officers in Bourbon County by the citizens 
thereof, without regard to party lines. 

3. The stationing of troops along the ]\Iissouri frontier to guard 
against invasion from that State. 



690 



KANSAS AND KANSANS 



4. The suspension of the execution of old writs until their legitimacy 
could be properly authenticated. 

5. The abandonment of the field by ]\Iontgomery and his men and all 
other bodies of armed men, on both sides. 

This truce was broken the following fall by the indictment of Ben- 
jamin Rice. Rice was held a prisoner in what was known as the Free- 
State Hotel. On the 15th of December, 1858, Montgomery entered Fort 
Scott with a force to rescue Rice. He was found chained to the floor in 
the third story and was soon released. 

Little was killed by one of ]\Ioutgomery "s men iu a store across the 
alley from the hotel where Rice was rescued. Montgomery's men then 
robbed the store of about $7,000 worth of goods, which were issued to 
Free-State men to reimburse them for losses sustained by the depreda- 




GOVERNMENT Old GfARD HoUSE, FoRT ScOTT 

tions of the Border-Ruffians. Application was later made to Governor 
Medary for protection from Montgomery's men. The Governor advised 
lie organization of the home militia as a posse to arrest the offenders 
and enforce the law. This was done, and about a dozen of Montgomery's 
men were arrested. They were sent under guard to Lawrence. In the 
meantime an amnesty Act had been passed by the Legislature by which 
old scores were wiped out and the country gradually quieted down. 

The Le.wenworth Constitution 



The Leavenworth Constitution was the counter movement of the Free- 
State people against the Lecompton Constitution. It was devised, framed 
and sent to Congress while the Lecompton Constitution was being pressed 
by the Pro-Slavery interests at Washington and in Kansas. The Topeka 
Constitution had held the Free-State forces together iintil the emigra- 
tion of 1857 had enabled them to participate in the Territorial election, 



KANSAS AND KANSANS 691 

where they won the Territorial Legislature. That the Lecompton Con- 
stitution might be submitted to a vote of the people, Acting-Governor 
Stanton convened the Legislature in special session December 7, 1857. 
The session was very brief, but the regular session began at Lecompton 
Januaiy 4, 1858. The loss ef the Territorial Legislature by the Pro- 
Slavery forces had put them at a disadvantage, and the only means now 
left them for making Kansas a slave state was the Lecompton Constitu- 
tion. They knew it could be forced on the people only by fraud and 
violence, to both of which they were ready to resort. Some of the leaders 
of the Free-State party, anxious to begin the realization of the benefits 
to come with the material development of the Territory, which they 
believed would immediatel.y follow its admission, were not strong in their 
opposition to the Lecompton movement. They insisted that the evils of 
this slave constitution, now that the Free-State party had control of the 
legislative power and an increasing majority at the polls, could be over- 
come by the State Government which they believed themselves strong 
enough to organize. Thi.s, of course, was a sordid view of the matter and 
an utter repudiation of what the Free-State men had contended for with 
arms in hand. To oppose more effectively the Lecompton Constitution 
and counteract whatever disaffection might exist in their ranks, the 
Free-State men who were moved alone by patriotism forced a direct 
opposition issue in the movement for the Leavenworth Constitution. And 
as Congress had not provided an enabling act for the Lecompton Con- 
stitution, of which it was taking favorable notice, the Free-State men 
believed they might lawfully proceed without special Congressional 
direction. 

For authorizing the special session of the Legislature, Acting- 
Governor Stanton had been removed, and James W. Denver, Commis- 
sioner of Indian Affairs, who chanced to be then in the Territory, was 
appointed to his place. The active opposition of Denver to the movement 
for the Leavenworth Constitution succeeded in casting doubt on the 
legality of the Legislative act authorizing the convention.- But not- 
withstanding the antagonism of the Acting-Governor, the movement was 
carried forward. The delegates were elected March 9, 1858, about nine 
thousand votes having been cast. On the 2.3d of March they met at 
^linneola, a town in Franklin County, which the Legislature had made 
the Territorial capital over the veto of the Governor. It developed that 
many members of the Legislature were stockholders in the town company, 
and the matter came soon to be known as the "Minneola swindle." The 
Territorial officials refused to take their offices to the new capital, and 
by the time fixed for the meeting of the convention the scandal had 
become notorious. Many of the delegates wished to adjourn to some 
other place, but otliers, wlio had large interest.s in the new town, threat- 



^ See address delivered by Denver at the Old Settlers' Meeting, Bis- 
marck Grove, Lawrence, September 3, 1884, reprinted in Vol. 3, Kansas 
Histarkal Collections, p. 359 ft srq. Some of his statements arc much 
exaggerated. 



692 KANSAS AND KANSANS 

ened to desert the Free-State party and break it up if such adjournment 
was taken. The matter was debated all night. Lane, who had been 
elected president, took the floor in favor of adjournment and delivered 
one of the most dramatic and powerful speeches of his life.^ The 
convention adjourned to Leavenworth, where it met on the 25th of March. 
Eighty-four members were in attendance. At Leavenworth Lane 
resigned as president, and "SI. F. Conway was elected to that place. 
Samuel F. Tappan, a member of the company of "Grizzlies" and one of 
Plumb's companions through Iowa and Nebraska, was secretary. 

The convention was perhaps the most brilliant body which ever 
assembled in Kansas. Many of these delegates afterward attained dis- 
tinguished honors. There was Lane, the sword and shield of the Free- 
State movement, later United States Senator, a Major-General, and one 
of the chief advisers of President Lincoln. Thomas Ewing, Jr., was 
Chief Justice of the Supreme Court, Colonel of the Eleventh Kansas, a 
Brigadier-General, and Commander of the District of the Border ; he was 
elected to Congress from Ohio, and was a lawyer in New York City. 
Robert B. Mitchell was a fine soldier, a Major-General, and Governor of 
New Mexico. J. M. Walden became a Bishop in the Methodist Episcopal 
Church. H. P. Johnson, a Colonel in the Union army, fell at the head 
of his troops at Morristown, Mo. Martin F. Conway was the first mem- 
ber of Congress from Kansas. Edward Lynde was Colonel of the Ninth 
Kansas. There were James M. Winchell, S. N. Wood, T. Dwight Thacher, 
"William W. Ross, James S. Emery, and many others who had fought in 
the Free-State ranks, and who were long foremost in the public affairs 
of Kansas. 

Preston B. Plumb was a delegate from his county. This was his first 
experience in a deliberative body. He was just past twenty, but had the 
appearance and manner of one of mature life and intellect. He took a 
prominent part in the proceedings of the convention, his intense earnest- 
ness, his common-sense views, his devotion to the Free-State cause, all 
serving to secure him recognition and attention. He acquitted himself 
well. The favorable impression he made was of much assistance to him 



3 T. Dwiglit Thacher. a delegate, thus deseril)ed this speech : 
"The night was far spent. The candles had burned down in their 
sockets. The debate had been long and at times angry. Some of the 
members were deeply interested in JMinneola, and in their excitement they 
threatened that if the convention should adjourn from Minneola they 
would abandon the Free-State party and break it up. This threat aroused 
the sleeping lion in Lane. He came down from the chair, where he had 
presided with great fairness during the debate, and took the floor. All 
eyes were upon him. The drowsy members sat upright. As he proceeded 
with his speech the interest intensified, and members began to gather 
round him, sitting upon the desks and standing in the aisles. I shall 
never forget the scene — the dimly-lighted room; the darkness without; 
the excited men within; little Warren, the Sergeant-at-Arms, standing 
unconscious upon the floor, with partly outstretched arms, and wholly 
carried away liy the speech ; and Tiane himself aroused to a pitch of 
excitement wliich T never saw him manifest on any other occasion during 
his whole career." — See Kfnixas Hist/iricaJ CnUrrfions. Vol. 3, p. HI 



KANSAS AND KANSANS 693 

later in life, and the friendships formed there continued long into the 
future. The attachment between him and Ewing resulted in mutual 
confidence and reciprocal favors for many years. His observation of the 
political methods of his associates gave him an insight into the manner 
of solving great political problems.* His service in this convention 
was one of the events of his life of which he always spoke with pride and 
satisfaction. 

The H.\nging of Russell Hinds 

The disorders in Southeastern Kansas continued to some extent 
until the beginning of the Civil War. In the fall of 1860 a slave ran 
away from his master, who lived near Pleasant Gap, Missouri. This 
slave stopped at the house of John 0. Turner, who lived near the 
present town of Pleasanton. The slave remained a few days at Turner 's 
house, Mr. Turner trying all the time to get him to return to his 
master. It seems that the master and Mr. Turner were personal friends. 
Turner's efforts were finally successful, and the slave concluded to go 
back. One Russell Hinds, a Jlissourian, and Mr. Turner went with 
the slave to the master's house. The usual reward for returning a 
slave was $25.00. This reward was tendered, but neither Hinds nor 
Turner would accept it, but Hinds did take $5.00 as a reimbursement 
for expenses. 

At this time C. R. Jennison, later Colonel of the Fifteenth Kansas, 
was in command of some of the Free-State men in the troubles then 
existing along the border. Samuel Scott, a leading Pro-Slavery man 
was hanged by Jennison, and John W. Garrett would have been hanged 
if he could have been captured. On the 12th of November, 1860, Jen- 
nison 's command, consisting of nine men, captured Russell Hinds about 
two miles east of Pleasanton. As the party was taking Hinds to a place 
of execution. Turner with his team and wagon, was met in the road 
three-quarters of a mile west of his house. Jennison did not know 
Turner. Some of his men had met Turner in the Masonic Lodge, and 
by signs cautioned him not to reveal his identity. Hinds, although 
knowing that he woiild soon be hanged, remained quiet also. If Jen- 



•* The Leavenworth (kmstitutinii was the most able and perhaps the 
best constitution of the four formed for Kansas. The old Free-State or 
Topeka Constitution was the model after which it was wi'itten, but it was 
greatly .superior in every way. All class distinctions were obliterated 
and the free negro was a coiiijict'ut elector. In fact, it was held by some 
that the right of unrcsti ictcd sii(lr;ige was conferred on women, the term 
"universal suffrage" luiiit: (diisiiued as giving the right, which, in all 
probability, it did. The western boundary of the state was fixed at the 
crest of the Rocky Mountains. The constitution was viciously assailed by 
the Pro-Slavery party. The struggle to avoid admission under the 
Lecompton Constitution engrossed the attention of the people, and while 
the Leavenworth Constitution was adojifed. the vote was small, and it was 
buried in the archives of the United States Senate when presented to that 
body with a prayer that Kansas hr admitted with it as the I'lmdamental 
law. 



694 KANSAS AND KAXSAXS 

nison had known who Turner was, he would have met the fate soon to 
be meted out to Hinds, who was hanged on Mine Creek, in the timber, 
near the Missouri line. 

Montgomery did not know that Hinds was to be hanged, but the 
act met with his approval. He wrote the following e.xplanation of 
the oc-currenc-e. wliieh he handed to Judge James Hanway: 

Ru.ss Hinds, hung the 12th day of November, 1860, for manstealing. 
He was a drunken border ruffian, worth a great deal to hang, but good 
for nothing else. He had caught a fugitive slave, and carried him back 
to Missouri for the sake of a reward. He was condemned by a .jui-y of 
twelve men. the law being found in the 16th verse of Exodas x.xi. 

The Scripture referred to reads as follows: "And he that steal- 
eth a tnan, and selleth Mm, or if he he found in his hand he shall surely 
be put to death. 

RESIGN.iTION OF DeXVER 

Governor Denver resigned his office October 10th, 1858. He was 
the first governor not removed or compelled to resign. ' And his ad- 
ministration vs-as much more satisfactory to the President than to the 
people of Kansas. In after years he said that in his residence in Mis- 
souri he had "chummed" with Senator Atchison and other Pro-Slavery 
leaders there, and could not bring himself to incur their displeasure 
in the administration of Kansas affairs.' 



■'■' Governor Denver returned to Washington, and was reappointed 
Commissioner of Indian Affairs. Becoming dis.satisfied with this posi- 
tion, in the spring of 1859 he resigned, and returned to California. In 
the canvass of 1860 he favored Senator Douglas and opposed secession. 
The Legislature, in 1861, appointed him one of the commissioners to 
adjust Indian-raid claims. He left California in June, 1861, and on 
August 14th President Lincoln appointed him l)rigadier-general of volun- 
teers; he was assigned to duty in Kansas in the following November. H(> 
was sent to West Virginia in January, 1862, but returned to Kansas in 
March. In May he was ordered to report to General Ilalleck, at Pitts- 
burg Landing, and assigned to duty under General Sherman, having 
command of the brigade composed of the Forty-eighth, Fifty-third, Sev- 
entieth and Seventy-second Ohio regiments, in the advance on Corinth, 
Mississippi. From Corinth he was sent to Memphis ; and from that 
point marched to Holly Springs, wliieh town he captured. He returned 
to Memphis, and was put in command of Fort Pickering, where he 
remained until November, 1862. He M'as ordered to take part in the 
movement against Vicksburg, but only arrived at Oxford, JMiss., beyond 
which it was impossible to transport his supplies because of the destruc- 
tion of the railroads. Tlie winter of 1862-;! he spent in LaGrange, 
Tennessee. In the spring of 1863 he resigned his position in the array 
to attend to private business, and did not again take part in the war. 
At the close of the war lie resumed the practice of law in Washington, 
in partnership with Hon. James Hughes of Indiana and A. J. Isacks 
of Kansas. 



CHAPTER XXXVIII 

SAMUEL MEDARY 

Biography and Appointment 

Samuel Medary was bom in Montgomery Square, Montgomery 
county, Pennsylvania, February 25, 1801. He died in Columbus, Ohio, 
November 7, 1864, in the sixty-fourth year of his age. The name was 
originally written Madeira, and is yet pronounced as if so written. 

His mother's ancestors came to America with William Penn, and 
he was brought up in the Quaker faith. He attended an academy 
at Norristown, but did not complete the course of that institution. 
He taught in the rural schools of his native county at an early age, and 
at the same time pursued the branches of higher learning. At the age 
of sixteen he was a contributor to the newspaper {Herald) of his 
native village, writing creditably both poetry and prose. In 1820 he 
removed with his parents to Montgomery county, Maryland, and in 
1823 to Georgetown, D. C. Young Medary remained here for two 
years, and in 1825 removed to Batavia, Clennont county, Ohio. He 
was something of an agitator, and early manifested an interest in poli- 
ties. He favored Andrew Jackson for President, and in 1828 estab- 
lished the Ohio Sun to aid in his election. In 1834 he was elected as a 
Jackson Democrat to a seat in the Ohio Legislature. In 1836 he was 
elected to the State Senate, and at the expiration of his term, in 1838, 
he removed to Columbus, Ohio, and purchased the Western Hemisphere, 
the name of which he afterwards changed to the Ohio Statesman. This 
paper he edited until 1857. He was a forceful and logical writer, and 
made his paper a power in the Ohio Valley. He was a staunch sup- 
porter of all the measures proposed by "Old Hickory," who honored 
him with his personal esteem and confidence. In the controversy over 
the Oregon boundary he originated the cry, "fifty-four forty or fight," 
and it became the cry of his party. Stephen A. Douglas stood for this 
boundary, and his position gained him the friendship of Mr. Medary. 
Medary became prominent in State polities, and in 1844 was chair- 
man of the Ohio delegation to the national Democratic convention at 
Baltimore. He carried a letter from General Jackson instructing hira 
to present the name of James K. Polk for the nomination for President 
in ease of disagreement of any serious nature among the delegates as 
to a suitable candidate. When the convention was in an uproar and 
in danger of going to pieces, Mr. iMedary produced his letter, and J 
695 



696 KANSAS AND KANSANS 

K. Polk was at once nominated by acclamation for the Presidency. 
In 1853 Mr. Medary was tendered the position of United States Minister 
to Chili, which he declined. He was the temporary President of the 
Democratic convention held in Cincinnati that nominated James Bu- 
chanan for President, and labored ineffectually for the nomination of 
his friend and favorite, Stephen A. Douglas. He was the last Terri- 
torial Governor of Minnesota, holding that position during the years 
1857 and 1858. He was appointed Governor of Kansas Territory 
upon the resignation of Governor Denver; his oath of office is dated 
December 1, 1858. He arrived at Lecompton and assumed the duties 
of his office December 18th. 

The great battle for liberty had been fought and won in Kansas 
before Governor Medary 's appointment. The action of Walker and 
Stanton which resulted in giving the Free-State men the Territorial 
Legislature may be considered the event which firmly established the 
supremacy of all the principles opposed in Kansas by the slave-power. 
It is true that battles were yet to be fought and much injustice borne, 
but these grew more insignificant in proportion to the rapid increase 
of the power of the Free-State party. The troubles in Southeastern 
Kansas were serious, but they never at any time threatened the exter- 
mination of the Free-State men as did those about Lawrence. The 
disorders in Linn and Bourbon counties continued throughout the term 
of Governor Medary 's administration, and in fact the feuds did not 
cease until after the close of the Civil War; there were long periods of 
inactivity and comparative peace between the outbreaks. 

Wyandotte Constitittion 

But while the administration of Governor ]\Iedary was devoid of 
those exciting events which marked the terms of his predecessors, it 
witnessed much that had a lasting effect upon the future greatness of the 
Commonwealth. The formation of the present constitution of the State 
was perhaps the most important work accomplished by the people in 
that time. It was clear that neither the Lecompton nor Leavenworth 
constitutions would ever become the fundamental law of the land. 
The Topeka Constitution had passed away with the conditions which 
produced it. People poured in from all the free States, and the pres- 
ence of these new citizens gave breadth to the discussions of measures 
proposed for the coming State. And the people were gaining experi- 
ence in the practical administration of government. It was the pre- 
vailing opinion that a new constitutional convention should be called. 
The Legislature which convened January 3d, 1859, enacted a law pro- 
viding for "the formation of a Constitution and State Government." 
The act was approved by Governor Medary, February' 9, 1859. It con- 
tained a proviso for ascertaining whether a constitution should be formed 
at that time. To determine this matter an election was to be held 
on the 4th Monday in March, 1859, the ballots to read, "For a Consti- 
tution," or "Against a Constitution." Should the vote favor a con- 



KANSAS AND KANSANS 



697 



stitution, the act provided that fifty-two delegates to a Constitutional 
Convention should he elected on the first Tuesday of June, 1859. These 
delegates were to assemble in the city of Wyandotte on the first Tues- 
day in July, and there proceed to form a constitution for the State of 
Kansas. The constitution so formed was to be submitted to a direct 
vote of the people, for approval or rejection, on the first Tuesday of 
October, 1859. lu case the constitution should be ratified, the act pro- 
vided that all State officers, members of the State Legislature, and 




Gov. Sami'el IIedary 

[Copy by Wilhird of I'ortrait in Library of Kansas State Historical 
Society 1 



Judges, were to be elected on the first Tuesday of December, 1859. 
Pursuant to this act, Governor Jledary called an election for the 28th 
of iMarch for the purpose of finding whether the people desired a con- 
stitution. On the 16th day of April the Governor issued a proclamation 
declaring the result of the election held March 28. The vote stood: 
for a constitution, 5,306; against a constitution, 1,425; total 6,731. 

On the 19th day of April, Governor Medary called an election for 
delegates and for the meeting of said delegates in convention, pui-suant 
to the act of the Legislatiire. The election was held on tlie 7th of June, 
and resulted in the election of the foHowiiig named delegates. 



i|illll|||iiillllittii|llili1l|l|illlPill1liliil lit ^ HI 









ell 



i ; ;|il ■; ^, rd 



ls3»5=Hl5,,lsS = si=^-i-sge.S,23i.2?.2||||||||||^S||||||ig| g | 



a :|| '_^ 



"O & |25 



^ o g 



III 






KANSAS AND KANSANS 699 

The membership of this convention included men who had been in 
Kansas a sufficient length of time to be perfectly familiar with the 
conditions in the Territory and the needs of the coming State. They 
were not generally, however, the men who had been active in the con- 
flicts with the Border-Ruffians, though Caleb May had been in the con- 
vention which formed the Topeka Constitution. Many of them became 
prominent in the Civil War and in the affairs of the State and were 
found in public life for nearly half a century. The convention com- 
pleted its labors and adjourned on the 29th day of July. The con- 
stitution which it formed remains the fundamental law of the State 
of Kansas to this day". It is remarkable that so strong an instiiiment 
should have been drawn. It has been amended by conferring addi- 
tional powers, but not in the manner of repealing any provision. It is 
a very liberal constitution. It has been said time and again, that the 
distribution of estates under this constitution and the statutes made 
in conformity thereto is the best ever devised. The boundaries of the 
State remained as in the Kansas-Nebraska bill except that the 25th 
meridian of longitude west from Washington was made the western 
boundary. That left the state two hundred miles wide and four hun- 
dred miles long, with an area of 80,000 square miles. 

The constitution was submitted to the people at an election called 
for the 4th of October, 1859. The vote at the election stood as fol- 
lows : for the constitution, 10,421 ; against the constitution, 5,530. The 
homestead clause of the constitution was submitted to a vote of the 
people at the same election. The vote on the homestead clause stood : 
for the homestead clause, 8,788; against the homestead clause, 4,772. 

On the 8th of November occurred the Territorial election for Del- 
egate in Congress. The Democratic candidate was Saunders W. John- 
ston; and Marcus J. Parrott was the Republican candidate. Parrott 
was elected by a majority of more than two thousand. On the same 
day was held the election for a Territorial Legislature. 

The Republican State Convention was held at Topeka on the 12th 
of October. A full ticket was nominated for State officers under the 
Wyandotte Constitution. The election for State officers and a Repre- 
sentative to Congress was held on the 6th of December. Charles Rob- 
inson was elected Governor; Joseph P. Root, Lieutenant Governor; 
John W. Robinson, Secretary of State; William Tholen, Treasurer; 
George S. Hillyer, Auditor; William R. Griffith, Superintendent of 
Public Instruction; Thomas Ewiug, Jr., Chief Justice; Samuel A. 
Kingman and Lawrence D. Bailey, Associate Justices; Benjamin P. 
Simpson, Attorney General; Martin F. Conway, Representative to 
Congress. 

Thus was made ready a State Government for Kansas. It remained 
only for Congress to pass an Enabling Act to provide the State with 
an independent government, free from interference from any quarter. 

This same Legislature repealed the bogus laws in bulk, but this 
was not deemed a sufficient condemnation of the infamous code : upon 



700 KANSAS AND KANSANS 

the adjournment of the Legislature a copy of it was publicly burned 
in the streets of Lawrence by the members. 

The Pro-Slavery party had been known under various names, but 
it always stood for the same principles. It was know at this time as 
the National Democratic party. On May 12th the old Free-State party 
held a convention at Big Springs; it adopted resolutions favoring the 
continuance of that organization until after the admission of Kansas 
as a State. Frederick P. Stanton was one of the leaders in this move- 
ment to continue the old Free-State party. The effort was a failure; 
the people did not sustain the action of its members. The grand old 
party had done a noble work for Kansas and' humanity, but found 
that later years brought conditions and problems for which it made no 
provision. Its work was done and well done. It died upon the ground 
which gave it birth. From its rains sprang the Republican party of 
Kansas, which was organized at Osawatomie, May 18th, 1859. 

Fraudulent Territorial Bonds 

In 1857 H. J. Strickler was appointed under an act of the Terri- 
torial Legislature to audit the claims of the Kansas people for loss 
and damage sustained in the troubles and border wars which had raged 
in the Territory. Claims were presented to the amount of $301,225.11. 
He approved claims to the amount of $254,279.28. It was the inten- 
tion to have Congress pay these claims, and they were accordingly cer- 
tified to Congress as approved by Strickler. Congress took no action. 
This matter was considered by the Territorial Legislature which assem- 
bled in January, 1859. An act was passed authorizing the appoint- 
ment of three commissioners to again consider these claims. This act 
was approved by Governor Medary on the 7th of February, 1859. There 
was also a supplemental act approved on the 11th of February, 1859. 
The commissioners appointed under these acts were Edward Hoog- 
land, Henry J. Adams, and Samuel A. Kingman. These commission- 
ers took up all the claims for loss and damage iii the Territory, includ- 
ing those considered by Strickler. They considered four hundred and 
sixty-three applications and made awards to four hundred and seven- 
teen claimants in the total amount of $412,978.03. It was not contem- 
plated in either of these acts that the Territory or its successor, the 
State of Kansas, should be held liable, or lie in any way bound, for the 
payment of any of these claims. All tliat was being done was for the 
purpose of putting these claims in shape for the "Wyandotte Constitu- 
tional Convention to include them in a schedule to Congi'ess. It was 
hoped that the Congress of the United States would assume the debt 
and pay the claims. It was the duty of the commissioners, under Sec- 
tion 10 of the act approved February 7th, to deliver to a claimant upon 
demand, a certificate showing the amount of award made to him. Sec- 
tion 13 of the Act is here set out: 

Sec. 13. Xotliing in this .Act shall lie so coiistriitMl as to authorize the 
payment of tlie warrants issued, in acrnrdaiice with its ]irovisions, before 



KANSAS AND KANSANS 701 

the first day of January, 1865, unless provisions shall be made for fund- 
ing these warrants with the other indebtedness of the Territory, or unless 
Congress shall sooner make provisions for their payment ; Init said war- 
rants shall bear interest at tlie rate of six per cent per annum. 

In the Supplemental Act certain provisions pi-ohibiting the issu- 
ance of scrip or bonds appear as follows : 

Sec. 5. That the said Commissioners are hereby prohibited from issu- 
ing any Territorial scrip or bonds. 

Sec. 6. That the certifioates issued by the governor, in pursuance of 
the tenth section of the Act to which this is siip|ilciiii'iital, shall not be 
constnxed as binding the Territory for the ]);iyniciit ol' said claims, until 
the same sliall be fully authorized by subsenueut legislation on the part 
of the Territory. 

When the Territorial Legislature was called into special session in 
January, 1860, it was reported that the Territorial officials had, in vio- 
lation of the acts mentioned herein, issued to certain persons bonds 
for their claims, thereby attempting to pledge the faith of the Terri- 
tory and its successor, the State, for the payment of these claims. A 
committee was appointed to investigate the matter. This committee 
consisted of S. N. Wood, H. R. Button, and William H. Fitzpatrick. 
Wood was always subsersdent to Governor Robinson. He and Button 
submitted a majority report approving, in effect, the action of the Ter- 
ritorial officers. Fitzpatrick was a patriotic, honest man, and submit- 
ted a minority report in which he condemned the proceedings of these 
officers. It appears from documents in the report submitted by the 
committee, that $95,700.00 in bonds had been issued to some of these 
claimants for loss and damage. They had been issued between the dates 
of May 2, and July 1, 1859. Of these bonds, $45,100 had been issued 
to Shaler W. Eldridge, and $24,000 had been issued to Charles Rob- 
inson. This was a total of $69,100. The remaining amount of $26,600 
was divided among various persons, $10,000 of which was to Anna M. 
Jenkins, widow of Gains Jenkins. 

Robert B. Mitchell had been appointed Treasurer of Kansas Terri- 
tory by Governor Medary, February 11, 1859. When questioned by 
the eounnittee as to why he had issued these bonds, he took refuge 
under Section 6 of a certain Act which had been also passed by the 
Legislature and approved by the Governor on the 11th of February, 
as follows : 

Sec. 6. From and after the passage of this act, all persons having 
any indebtedness of this Territory in the form of warrants upon the 
treasury, for indebtedness which has accrued subsequent to the first day 
of November, 1857, or which may accrue prior to the first day of Janu- 
ary, 1S60, shall upon presentation of the .same to the treasurer of tlie 
T"rritory. receive therefor a bond or bonds of the Territory of Kansas, 
as provided for in the fii-st section of this act: T'rmndcd. That nothing 
herein contained shall be construed to authoi-ize the treasurer to issue 
bonds for tlie redemption of warrants, when money lie in liis hands 
suffic'ient to pay the same. 



702 KANSAS AND KAN SANS 

This Funding Act was in direct violation of all the legislation 
affecting these claims. Few seemed to know that any such act had 
passed. In the investigation the Legislatiire of 1861 took some testi- 
mony. This testimony shows plainly that certain parties having claims 
and desiring to start a Bank in Lawrence, secured the passage of this 
Funding Act by fraud. Mr. Norman Allen testified, as shown by the 
Journal of the House of that Legislature, at page 337, that the Fund- 
ing Act was designed, "to be confined to the regular debt of the Ter- 
ritory, which I supposed would not exceed fifty or sixty thousand dol- 
lars. My object was to provide for the expenses of clerk hire for the 
session of 1859. It was not my intention to make any provision for 
funding any claim which might be audited under the claims act of 
that session." 

C. W. Babcoek testified, as shown at page 336, as follows: 

I have heard the rumor that means were used to procure the issuing 
of bonds, but cannot give the names of any persons who told me so. I do 
not know the names of any persons who did communicate any facts con- 
cerning the deposits of bonds for lianking purposes. I liave seen notice.s 
that Mr. ]\Iorro\v was President, and Mr. Smith Cashier of the Lawrence 
Bank. I do not know which act was first introduced, the act that passed 
or the one that did not. The supplemental act was intended to apply to 
the act that passed, and was gotten up afterwards. I heard after the 
passage of the supplemental act, that its phraseology was so arranged, 
by design, as to defeat the objects of the bill. I heard this after the 
adjournment of the Legislature, ily impression is that it was not mem- 
bers of tlie Legislature, but outside parties who were interested, who told 
me so. I do not think the funding act of February 11, 1859, was gotten 
up for the purpose of funding claim warrants; at least I do not think 
such was the intention of the majority who passed it. 

Hiram J. Strickler testified, as shown on page 323, Journal of the 
House : 

The first applicants for warrants upon the Treasury under Section 
10 of the claim Act, were ^Messrs. Col. S. W. Eldridge and Gov. Charles 
Robinson and Mrs. Jenkins. 

In the testimony of Hugh S. Walsh, who was Territorial Secretary at 
the time, and whose integi'ity never has been cpiestioned, Governor 
Medary was implicated in the issuance of these bonds. 

Before the time nf i>^'^\li^L^ tlir I'.oiids we were on friendly terms, and 
so conthuied for sdinrtiuir :i firrwai-ds. Tlie Bonds were is.sued in the 
.summer of 1859 ; \vr .(inlinnctl Iririully up to January, 1860. I then, for 
the first time, discovered that Gov. Medary was unfrientUy to me, and I 
presTuned his hostilify arose out of a report which I made as Secretary', 
to 21 nu-mbers of the Legislature who called upon me for information in 
regard to these claim Bonds. At least up to that time we were on 
speaking terms. When I was called upon by Mr. I\litchell to approve 
the Bonds, Gov. Medary was in Ohio. The i'ei)ort above alluded to con- 
tained the facts here stated in my testiinony. 

Walsh was also Acting-Governor in the absence of iMedary. He re- 
fused absolutely to have anything to do with the issuance of these bonds. 
His testimony as to the activity of Treasurer Mitchell is very interesting. 



KANSAS AND KANSANS 703 

In May or June, 1859, I was applied to by Mr. Mitchell, the Treasurer 
of the Territory, to approve, as Acting Governor, certain Territorial 
Bonds. I refused on the grounds that I did not believe any Bonds issued 
for Claims, under the Act to provide for the adjustment and payment 
of Claims, were valid. The Treasurer informed me that the Bonds were 
not for claims but Territorial expenses, and belonged to David Weir. I 
informed him that I would not sign any Territorial Bonds whatever 
without tracing them back to their original indebtedness, through all the 
parties' hands through which they might have passed. As 1 was super- 
intending the public printing at the time, I had not then leisure to do 
it. Gov. Medary returned again shortly after, and I was never again 
applied to for that purpose. The only application to approve Bond's, 
made to me, came from Mr. ^Mitchell. 

Mr. Walsh pressed Treasurer Mitchell for his reason for issuing these 
bonds. Walsh had been informed by John W. Wright, a member of the 
Legislature of 1859, that certain parties, including himself, were going 
to establish a bank in Lawrence, based on the claim bonds, under a charter 
granted in 1858, authorizing the establishment of banks in Lawrence, 
Wyandotte and Leavenworth. Walsh informed Mr. Wright that that 
charter had expired. Mr. Wright replied that Mr. Walsh had better not 
meddle with the matter or oppose it, but let it travel along; that they 
were determined to do it, and that Walsh could not prevent it. Upon 
seeing a bill issued by one of these banks, which had been established at 
Lawrence, Governor W^alsh addressed a letter to Robert B. Jlitchell, 
whereupon the following correspondence was had : 

Treasurer's Office, 
Lecompton, May 28, 1860. 
Mr. Hugh S. Walsh, Secretary and Acting Governor of Kansas Ter. 

Sir: — Your note of 26th inst. is received. In reply, I have only to 
ask by what authority you propound certain questions to me relative to 
the Lawrence Bank securities, bank notes or bills, &c. 
I have the honor to be, very respectfully, 
Your ob 't servant, 

RoBT. B. Mitchell, 
Treasurer of Kansas Territory. 

Executive Office, Kans.^s Territory, 

Lecompton, May 28th, 1860. 
Mr. Robert B. Jlitehell, Territorial Treasurer, Lecompton. 

Sir: — In reply to your inquiry, by what authority I propound certain 
questions to you in relation to the Lawrence Bank securities, notes and 
bills, I refer you to the 15th section of the Act creating the office of 
Territorial Treasurer, which is as follows: "It is his duty to submit 
his books, accounts, vouchei's and funds to the inspection of the Gover- 
nor," &c. I did not anticipate a want of knowledge of my authority at 
the time I made inquiry, or I would have referred you to the section of 
the law. I am Sir, very respectfully. 

Your ob't sei'vant, 

Hugh S. Walsh, 
Secretary and Acting Governor. 

Executive Office, Kansas Territory. 

Lecompton, May 29, 1860. 
-Mr. Robert B. Mitcliell. Territorial Treasurer, Lecompton. 

Sir : — In your reiily, yesterday, to my inquiry requesting information 
respecting your action as Territorial Trea.surer, with regard to the Law- 



704 KANSAS AND KA.NSANS 

ence Bank, and the securities for its notes, &e., you say "I have only 
to ask by what authority you propound certain questions to me in rela- 
tion to the Lawrence Bank securities, bank notes," &c. I returned by 
the messenger wliich brought your reply, an answer, quoting the ISth 
section of the law creating the otifice of Territorial Treasurer, the author- 
ity upon which I ask these questions. 

Having waited sufficiently long, as I think, for the information, and 
not having received it, I have now to ask whether I am to understand by 
your note of the '2Sth inst., that it is the only information I may expect 
to receive from you upon the matter. 

1 am Sir, very respectfully. 

Your ob't Servant, 

Hugh S. Wai^h, 
Secretary of Kansas Territory and Acting Governor. 

Tre.\surer's Office, 
Lecompton, RL\y 29, 1860. 
Hon. Hugh S. Walsh. 

Sir: — Youre, of this date, is duly received, and, in reply, have only 
to say that I have been, since the reception of your note of yesterday, 
wholly incapable to find the time to make a satisfactory reply to your 
inquiries, but will endeavor to do so at the earliest possible time 
convenient. Very respectfully. 

Your ob't servant, 

Robert B. Mitchell, 

Trea.surer K. T. 

Upon receiving the last note from Mr. Mitchell, I waited his action, 
and he left town without giving me any information in the premises. 

Concerning the manner in which the Funding Act passed the House, 
A. F. Meade, who was a member of the Legislative Council of 1859, testi- 
fied as showai at pages 335 and 336 as follows : 

/ mrt the Sccrciiirij, ^Jr. Derlniicij, ne.rf (hi;/. I said to him. — "/ 
want to state to you what I believe to be the f<u ts in n (jayd to the sup- 
plemental bill last night. If it is so you need hat sinj (iinillung, if it it not 
so, deny it. You- l;now well that you was iiistrii,l( ,1 to slip that bill 
down to the House, knowing it Itad- not passed." lie elid not say a word, 
hut laughed. 

Samuel A. Medary, son of the Governor, testified as shown in the 
Journal of tlie House of the Legislature of 1861, pages 338 and 339, that 
his father signed the bonds and that D. H. Weir, R. S. Stevens and him- 
self had some of those bonds, and received them from Colonel Eldridge 
in the Treasurer's office, upon which they placed the seal. He testified 
that he was given bonds to the amount of $1,500 for putting the seal on 
the bonds. 

William ^McKay testified as follows: 

I called upon Gov. ^Icdary at Lecompton, and liad a private inter- 
view with him upon the subject of the Auditor issuing warrants upon 
the awards made by the Commissioners. I related to liim my interview 
with Gen. Strickler, and the Governor remarked that it would never do 
for the Auditor to issue warrants; that the people would repudiate any- 
thing of the kind; that they never would con.sent to pay those claims. 



KANSAS AND KANSANS 705 

I agreed with the Governor, and he then promised me that he would 
do all in his power to prevent it, and also promised that he would see 
Gen. Strickler in a few days and have the matter headed off; he also 
promised me that before any thing was done, that he would send me word 
to "Wyandott, (where I resided,) and that I might rest assured of his 
co-operation with me in the matter, as we held the same opinion in rela- 
tion to the legality of the supplemental Act, and of the injustice of the 
debt being put upon the Territoiy. After I had this intei-view with the 
Governor, I went to Wyandott expecting every day to hear from him, 
but I was disappointed, never having heard a word from him from that 
day upon the subject. Soon after mj' return home, I think some five or 
six- days, I received the Lawrence Repuhlican, in which it was stated that 
Col. Eldridge, Gov. Robinson, and perhaps .some others, had their claims 
bonded, and that Gov. Medary had gone to Ohio. 

There is a vast amount of other testimony connected with these bonds, 
all tending to show that they were fraudulently issued. The Funding 
Act was a deception and fraud. The Legislature had no authority, and 
evidently had no intention, to issue bonds to the amount of $100,000 
and not to secure the payment of the remainder of the claims, amounting 
to $312,978.03. Why should less than one-fourth of the claims indebted- 
ness be bonded ! Any contention that the Legislature contemplated such. 
a course is preposterous. The fact is, that many members of the Legis- 
lature were made to believe that the Funding Act was only to pay the 
expenses of the Legislature, while, in fact, the design was to secure bonds 
for certain awards made by the claim commission. The evidence indicates 
that many members of the Legislature did not know that the Funding 
Act had been passed. The future student of Kansas history should 
investigate closely this entire matter and read carefully the testimony 
concerning various persons who have been spoken of as honest men. 

The claims of Colonel Eldridge were for the destruction of the Free- 
State Hotel and other losses. When this matter was under consideration 
by the Wyandotte Constitutional Convention, John J. Ingalls, knowing 
the facts and being familiar with the fraud practiced in the issuance of 
these bonds, moved that the matter be referred to the Committee on ScuU- 
duggery. (See page 381, Proceedings of the Wyandotte Constitutional 
Convention.) 

It is interesting to notice the basis of the claim of Charles Robin- 
son, for which he was issued $24,000 bonds. Here is the schedule sworn 
to on the 17th day of November, 1857 : 

Schedule 

One frame house $ 3,500 

Barn, hay, stable, and furniture 1,500 

House furniture 3,000 

Library 3,000 

Medical librarj' and surgical instruments 1,500 

Clothing, jewelry, and private papers 3,000 

Furniture in hotel and used by Congressional Com- 
mittee ' 600 

One Porter's rifle 40 

Vol. n— 8 



706 KANSAS AND KANSANS 

Two Sharps' rifles 70 

Two Colt's revolvers 40 

One horse stolen 150 

Two horses poisoned 400 

$15,800 
False imprisonment fonr montlis $10,000 

The frame house was a small building about fourteen by twenty feet 
with ten foot studding, made of native lumber, and those who knew, 
estimated the cost at about $400. It will be observed that there was 
$3,000 worth of furniture in that house, a $3,000 library in addition to 
a medical library and surgical instruments valued at $1,500 ; that there 
was $3,000 worth of clothing, jewelry and private papers in that house 
when it was destroyed. It will also be observed that he charged for his 
detention as a treason prisoner $10,000, the only man who ever made 
such a claim for his patriotic detention in the Free-State cause. This 
amount wa.s stricken out by Mr. Strickler, but all other items were 
allowed. "When the second commission was appointed. Governor Robin- 
son amended his former application as shown by the new schedule. 

Schedule 

A manuscript history of California $3,500 

A manuscript work on anatomy and physiologj-, ready 

for the press 2,500 

A series of popular lectures on the above subjects. . . 1.000 

$7,000 

The commission considered this new schedule favorably and made the 
following award : 

Strickler 's award confirmed $15,800 

Interest on same 2,370 

Three manuscript works 5,029 

Interest on same 754 

$23,953 

All of these matters were reviewed in the Lawrence Daily Journal of 
October 28, 1884, to which readers are referred for additional informa- 
tion. These bonds were disposed of in New York and they are stiU 
outstanding. The last session of the Territorial Legislature held in 1861, 
passed an act repudiating these bonds and prohibiting any person or 
corporation from putting into circulation any bank bill or note purport- 
ing to be a promise to pay money or currency based upon such bonds, 
and made it punishable to violate any portion of the act by a fine of not 
less than $500, and imprisonment in the county jail for not less than 
six months. George M. Beebe was Acting Governor at the time and 
vetoed the bill, but it was passed over his veto and became a law. The 
first session of the State Legislature, which began on the 26tli of 



KANSAS AND KANSANS 707 

March, 1861, passed an act, which is Chapter V in the General Laws 
of that Session, i-epudiatiug the said bonds and prohibiting the State 
Treasurer from paying any interest upon said bonds or warrants; from 
endorsing or issuing any bonds upon the claim awards of the com- 
mission. Charles Robinson was at tliat time Governor of Kansas and 
he permitted the act to become a law without his approval, as is shown 
by the certificate of J. W. Robinson, Secretary of State. It is in evi- 
dence that Robert B. Mitchell, as Territorial Treasurer, paid the interest 
on these bonds, in New York, with money furnished him by private 
parties. The bonds were soon afterwards sold in New York. The pur- 
chasers thought they were good if the Territorial Treasurer was paying 
the interest on them. It is a curious coincidence that Governor Robinson 
appointed Robert B. ]\Iitchell Colonel of the Second Kansas Regiment in 
the Civil War. 

The only bonded claim against the State of Kansas is this fraudulent 
one, and it has been believed necessary that a complete account of these 
bonds should be given here. The issuance of these bonds was a blot upon 
the Territory which can never be Aviped out. 

Other Matters 

The Legislature which assembled Januarj' 2, 1860, enacted a law 
abolishing slavery in Kansas. Governor Medary vetoed it, but it was 
passed over his veto. It was finally declared unconstitutional. 

In 1860 Congi-ess considered the matter of the admission of Kansas 
under the Wyandotte Constitution. The action of the House was favor- 
able, but the slave majority in the Senate defeated the proposition. 

The year 1860 is notable for the most persistent drouth the State has 
witnessed. General distress followed, and aid was sent from many 
States. This year the first railroad track was laid in Kansas, on the line 
from Elwood to Marysville. The desire for railroads was general, and 
a convention assembled in Topeka in October and memoi'ialized Congress 
to aid in the construction of lines of railway which it designated. This 
was the first general movement for railroads, of which the State now has 
so many, and such gi-eat ones. 

In the result of the Presidential election of 1860 Governor Medary 
saw the early admission of the State into the Union. Realizing that his 
term of office would soon be terminated by that event, he resigned in 
December, 1860, and returned to Ohio. He established a newspaper in 
Columbus, which he named The Crisis, and which he edited until his 
death. 



CHAPTER XXXIX 
THE STATE OP KANSAS 

The bill for the admission of Kansas under the Wyandotte Constitu- 
tion passed the Senate January 21, 1861. The vote was thirty-six to 
sixteen. This bill passed the House of Representatives on the 28th of 
January by a vote of one hundred and seventeen to forty-two. It was 
signed by President Buchanan on the 29th of January, 1861. The act 
is set out in full in Wilder 's Annals and in various national and state 
publications, ilarcus J. Parrott sent a telegram from Washington to 
the Leavenworth Co-nservative, then edited by D. W. Wilder, announc- 
ing that Kansas had been admitted into the Union. The Conservative 
printed an extra, copies of which were carried to Lawrence by D. R. 
Anthony. The Legislature thanked the Conservative for its entei-prise. 
Captain Frank B. Swift, James C. Horton, Edward D. Thompson, and 
Caleb S. Pratt, led a large company from Lawrence to the Bickerton 
farm, where "Old Sacramento" — a cannon captured by Colonel Doni- 
phan at the battle of Sacramento, brought by the Border-Ruffians into 
Kansas, and from them captured by the Free-State men — was buried. 
They dug up this cannon and carried it to Lawrence, where it was fired 
all night in honor of the admission of Kansjis. 

In Kansas the victory of freedom over slavery was won. The conflict 
was often spoken of as a struggle between free labor and slave labor. 
In a sense this is true, but there was a moral side to the question which 
that view does not include. The victory was in fact as much in the 
interest of the South as it was the North, but the South would not then 
see it so. As has been pointed out in this work, there was a large ele- 
ment of the Southern people in favor of the abolition of slavery. John 
Brown put the question on its true basis and merits. He contended that 
it was a question of right and wrong. He was for destroying slavery 
because to do so was an act of justice — right. 

The admission of Kansas marked the end of the first battle for free- 
dom. This nation will never be able to pay the Kansas pioneers who 
stood in the breach and fought this first battle. They were fighting not 
only for Kansas, but for the Union. They understood well what Lincoki 
meant when he said the Union could not endure half slave and half free. 
It was plain to them that Kansas was the crucial point and the crisis 
in this struggle for liberty for the Union. They did not fail. We have 
seen what horroi"s they endured to establish the principle fought for. 
The Free-State men of Kansiis are ininiortal and tlioir names should 
708 



KANSAS AND KANSANS 709 

be preserved in granite and bronze. Their sacrifices are, of course, un- 
derstood, and, in a way, duly appreciated. But the day will come when 
the glory of their deeds will be expressed in monuments and memorials, 
rising as beacons to light up the way of liberty for the world. 

The question as to who was entitled to the honor for making Kansas, 
has often been discussed — who should have credit for making her free — 
what people won the first victory for freedom in thLs Union. Something 
has already been said on this subject in previous pages. The New Eng- 
land element of Kansas claimed this honor to the exclusion of all other 
people, and those connected with the Emigrant Aid Company endeavored 
to make it appear that that body was entitled to all the credit. It is a 
momentous question. No State nor any man should be robbed of the part 
borne in this struggle. Fortunately the statistics enabling us to arrive at 
a reasonable estimate of the part played by the different states, have been 
preserved. In his Chicago speech on the 31st of May, 1856, General 
Lane made the statement that nine-tenths of the people in Kansas had 
come from other than New England states. The men in the Topeka 
movement were largely from the Ohio Valley. Twelve of the thirty- 
seven delegates were from the South. There were only four from aU 
New England, — two from Massachusetts. The following table is re- 
peated from a former chapter: 

Kentucky 5 

Indiana 2 

New York 4 

Illinois 1 

Ohio 5 

Maine 2 

South Carolina 2 

Tennessee 2 

The delegates who formed the Wyandotte Constitution numbered 
fifty-two. Here is how the Roll appears: 

Ohio 14 New York 5 

Kentucky 5 Maine 2 

Indiana 6 Virginia 

Ma.ssac.husetts 2 Scotland . 

Pennsylvania 6 Germany 

New Harap.shire 3 Ireland .. 

Vermont 4 England 





1 


Massachusetts 


2 

6 


Virginia 


1 




1 


Ireland 


1 


North Carolina 


1 



From the Ohio Valley States there were thirty-one delegates, and but 
eleven delegates from aU New England. 

The model for the Wyandotte Constitution was that of Ohio. Ohio 
had taken her constitution largely from that of Kentucky, and Ken- 
tucky had modeled her constitution on that of New York. A close study 
of the Journal of the Wyandotte Constitutional Convention will not 
warrant the assumption that the New England men, as individuals, 
exerted any greater influence in the deliberations than those from any 
other section. The fact is, that the Wyandotte Constitution is a gen- 



710 KANSAS AND KANSANS 

uinely, thoroughly, Western document. It was formulated by Western 
men. 

In the census of 1860 the nativity of the people was recorded. There 
was a total population of 107,206. 12,691 of these were bom in foreign 
countries. The remaining 94,515 were American born. Here is how 
they were divided. Study this table : 

1 Ohio 11,617 11 Tennessee 2,569 

2 Missouri 11,356 12 Wisconsin 1,351 

3 Kansas Children 10,997 13 Massachusetts 1,282 

4 Indiana 9,945 14 North Carolina 1,234 

5 Illinois 9,367 15 ilichigan 1,137 

6 Kentucky 6,556 16 Vermont 902 

7 Pennsylvania 6,463 17 Maine 728 

8 New York 6,331 18 Connecticut 650 

9 Iowa 4,008 19 Maryland 620 

10 Virginia 3,487 20 New Jersey 499 

It will be observed that there were nearly as many North Carolinans 
in Kansas as there were people from Massachusetts. All New England 
had only 4,208 people in Kansas. D. W. Wilder, who was himself a 
native of ^Massachusetts and a graduate of Harvard College, had this to 
say of the settlement of Kansas. 

The South was divided into great plantations, controlled by rich 
planters and worked by slaves. The poor white man had few opportuni' 
ties. He had long been moving into Ohio, Indiana, and Illinois to get 3 
free home for himself — moving by thousands. He came to Kansas, usu- 
ally as a free-state man. He was silent at first, slow to talk, but he voted 
against slave labor to compete with his; he fought for freedom in Kansas, 
and, later, for national freedom. The richer class of Southerners were 
pro-slavery; the poor men who wanted homes were often anti-slavery. 
The actual home-seekers — the poor squatters on the quarter-.sections — 
were the men who made Kansas free. They came chiefly from Missouri, 
Iowa, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York. 
Neither in the early days nor in the later days have the New Englanders 
been more than a handful. Kansas is a Western state, and always has 
been. The Western and Southern settlers did not talk about the sinful- 
ness of slavery ; they despised the negro ; and many of them were trans- 
formed into anti-slavery agitators who "did care for" the negro by the 
' ' Kansas branch of the National Debating Society. ' ' 

He is the first writer to investigate this particular subject, and no 
one ever questioned his fairness as a historian. 

These Western settlers of Kansas were but one generation removed 
from pioneer life. Their fathers had settled Kentucky, Tennessee, Ohio, 
Indiana, Illinois, Western Pennsylvania, and Virginia. They knew how 
to get a living from the soil in a new country. They were men who 
could seat themselves along the streams, build log cabins, make their 
own furniture, break the prairie wilderness, open fields, and get a living 
from the land. To primitive agriculture they added trapping, hunting, 
freighting and fishing. They depended very little on towns and trading 
centers. Their wives and daughters could sjiin the thread and weave the 



KANSAS AND KANSANS 711 

cloth from which clothing was made. Those coming fi-om New England 
were artisans — brass-moulders, varnishers, wood-carvers, hair-dressers, 
teachers, iron-moulders. There were some farmers aud carpenters among 
them, but farming in New England was very different from redeeming a 
wilderness. The soil of Kansas had to be civilized, — tamed. It was with 
the greatest difficulty that trees could be made to grow on the prairies. 
George W. Martin, long Secretary of the Kansas State Historical Society, 
has often told this writer that five crops of trees were planted on the 
townsite of Junction City before any finally lived. Mr. Wilder rightly 
says that Kansas is a Western state and always was a Western state. It 
was the predominance of Western people in her pioneer population which 
gave General James H. Lane his ascendancy in Kansas political affairs. 
He understood the Western manner of thought and speech, having been 
himself reared on the frontier. 

There is a Kansas term which has no counterpart in any other state. 
It is " The Kansas Language. ' ' It originated in Territorial times. The 
highest compliment which can be paid to a Kansan is to say that he 
speaks the Kansas language. It was often so said of General James H. 
Lane. 

No one would detract one atom from what New England did for 
Kansas. It is repeated here that she did much in the way of leadership. 
The founding of Lawrence was the one thing accomplished by New 
England people which had a decided influence in the Free-State cause. 
Repeatedly, waves of Ruffianism rolled up against that town. It was 
twice destroyed, but it was never discouraged. Its spirit could not be 
broken. Its determination could not be conquered. This spirit did not 
result from the people of any section, but was bom of the battle for 
human liberty. • It is today a fair city, typical of all that is best in 
American life, a great monument to the pioneers of Kansas and their 
immortal achievement. 

And, so, Kansas is the child of the West. Her spirit was forged in 
the white heat of battle from the refined principles evolved by a free 
people migrating to a new land to build a beacon to light up the way of 
Freedom. She shines as the brightest star in that galaxy which is the 
hope of the world. 



CHAPTER XL 

THE POLITICAL BEGINNINGS OF THE STATE 

Governor Robinson 

Governor Charles Robinson was sworn into ofQce oii the 9th day of 
February, 1861. As the first Governor, he was confronted by the im- 
mense task of inaugurating a State Government for Kansas. The old 
Territorial Government had been continued until the new government 
could be instituted. A Territorial- Government is always a very limited 
one, — directed by the Federal Government. It is necessary for a State 
to work out its own course. While there was much usage for Governor 
Robinson to be guided by, the new State presented many problems for 
which there was no precedent. The Constitution had to be construed. 
Its provisions were general, and it was necessary for the administration 
to devise legislation to carry them into effect. It is always possible, 
under even the best constitutions, to hinder the development of a State 
by the enactment of short-sighted statutes. Frequently it is very diffi- 
cult to determine what statutory regulations wiU best carry out the de- 
signs of a constitution. "With Kansas there was the added difficulty of 
the Civil War. With the election of President Lincoln, conditions on 
the border were exactly reversed. Under Pierce and Buchanan the Pro- 
Slavery element had the support of the Federal Government, and Kan- 
sas had its active opposition. After the beginning of the Civil War, 
Kansas being enthusiastically loyal, had the support of the Federal 
Government. The Pro-Slavery population of ^Missouri favored secession, 
and cast its future with the Southern Confederacy. In all these changes 
and shiftings of ground, there were problems for the new State. It is 
gratifying to know that Governor Robinson met with vsisdom the many 
perplexities and fonnidable issues constantly arising. As has already 
been said, he was one of the best business men who ever lived in Kansas, 
and many of the difficulties he was forced to grapple with were purely 
business affairs. He handled them with skill and in the spirit of 
patriotism. 

One of his first official acts was to call a session of the Legislature to 
meet on the 26th of March. It is doubtful if there has ever been a more 
able and comprehensive message by any Kansas Governor than that sent 
to the Legislature by Governor Robinson. There were at that time no 
State buildings, and the City of Topeka furnished few conveniences for 
a State Government. It was necessary to rent the best rooms avaifable 
712 



KANSAS AND KANSANS 



713 



for the various State offices. Tlie first act of the Legislature was one 
making appropriations for current expenses for the different depart- 
ments of the State. The Governor's salary was .$2,000 per annum. He 
was allowed $240 for rent, $100 for furniture for his office, $100 for 
stationery, $75 for postage, $40 for fuel and lights, $1,000 for secret 
service, and $600 for a private secretary. For the Legislative Depart- 
ment, the following enactment was made: 




Gov. Charles Robinson 

[Copy by Willard of Steel Engraving in Library of Kansas State 
Historical Society] 



For Legislative Department — For rent of Representatives' Hall, one 
hundred dollars ;■ for rent of Congregational Church, seventy-five dol- 
lars; for rent of Senate Chamber, one hundred and seventy-five dollars; 
for rent of Committee Rooms, one Inindred and four dollars; for sta- 
tionery for the Legislature, one thousand dollars; for State printing, 
fifteen thousand dollars: for seals of State and counties, three hundred 
dollars; for per diem allowance for one hundred members of the Legis- 
lature, twenty-two thousand dollars; for allowance for President of the 
Senate, five hundred and four dollars; for extra allowance for Speaker, 
two hundred and forty dollars; for mileage of the meml)ers of the Legis- 
lature twenty-four hundred dollars: for transcribing the journals five 
hundred dollars; for \ho nffieers and messengers of the House, thirty- 
five hundred dollars: for the officers and inessengcrs of the Senate, eight- 



714 KANSAS AND KANSANS 

een hundred dollars; for E. G. Ross, for four hundred and forty copies 
of the ' ' State Record, ' ' eiglit hundred and eighty dollars : Provided, That 
no money be paid to any member of the Legislature for time when absent 
from the Capitol, either with or without leave. 

Some idea of the work of the Legislature may be obtained by mention 
of the titles of the various enactments found in the laws of the session. 
Some of them are stated. 

AN ACT providing for the election of District Attorneys, and 
defining their Duties. 

AN ACT to authorize the business of Banking. 

AN ACT to provide for the permanent location of the State Capital. 

AN ACT providing for Joint Conventions of the two Houses of the 
State Legislature. 

AN ACT relating to the organization of new Counties. 

AN ACT to organize and define the jurisdiction of the Supreme 
Court. 

AN ACT relating to the organization of Courts of Justice and their 
powers and duties. 

AN ACT to establish and define the jurisdiction of the Probate 
Courts. 

AN ACT to regulate Elections and to prescribe the qualifications of 
Voters. 

AN ACT to provide for the election of State, District, and County 
Officers, Senators and Members of the House of Representatives, Justices 
of the Supreme Court, and Judges of the District Courts, and Repre- 
sentatives in Congress. 

AN ACT to prescribe the manner of Contesting the Election of State 
and County Officers, and Members of the Legislature. 

AN ACT to create a State Board of Equalization. 

AN ACT to provide for the Management and Investment of the State 
School Fund and the University Fund. 

AN ACT providing for the Location of the Lands granted by Con- 
gress to the State. 

AN ACT to organize and discipline the ]\Iilitia. 

AN ACT to provide for the appointment of Conunissioners to locate 
a State Penitentiary. 

AN ACT to provide for the State Printing. 

AN ACT to provide for the Removal of the Records and Papers of 
'the Courts of the late Territory of Kansas to the Courts established by 
the Constitution. 

AN ACT for the Regulation and Support of Common Seliools. 

AN ACT to authorize the formation of County and Town Agricul- 
tural and Horticultural Societies. 

AN ACT authorizing the State to call into service two regiments of 
infantry, three companies of cavalry and two companies of artillery, to 
l)e mustered into the service of the United States. 

All these Acts seem to have been carefully drawn and to have no 
other design tliaii the best interest of tlie people. They are fundamental, 



KANSAS AND KAXSAXS 715 

and they served as the bases of the statutory laws of Kansas. That is, 
they gave a point from whieli to work, and the principles of these laws 
proven by time. They are a remarkable series of enactments. By them 
Courts were established, county orf^anization effected, a school system 
formed, and all public demands provided for. Historians will never 
fail to recognize the sound statesmanship displayed by Governor Robin- 
son in the inauguration of the State Government of Kansas. It is 




Mrs. Sara T. L. Robinson, Wife of Gov. Cuarles Robinson 
[Copy by AVillard of Porti-ait in Library of Kansas State Historical 



doubtful if there was another man in the young State so well qualified 
for this difficult position as was Governor Robinson. 

On the 4th of April the Legislature proceeded to the election of 
United States Senators. It was an exciting election. General Lane had 
come to Kansas with the ambition to be its first United States Senator. 
He had been elected by the Topeka Legislature, but the failure of the 
Topeka movement to secure federal recognition, made that election an 
empty honor. It, however, was very favorable to Lane. He became 
associated in tlie minds of tlie people with that high office. AVith the 
beginning of the session of the Legislature, the candidates pushed their 
claims. The account of the ranipaign of General Lane has been vciy 



716 KANSAS AND KANSANS 

humorously described by Nicholas Verres Smith. While his article was 
intended as a caricature, it contains much that is exactly true to life. 
There was but one ballot, and the' vote continued two hours. The candi- 
dates were James H. Lane, S. C. Pomeroy, Marcus J. Parrott, F. P. Stan- 
ton, M. W. Delahay, S. B. Houston, S. A. Kingman, A. J. Isacks, and 
M. F. Conway. There was much changing of votes. During the ballot- 
ting, Lane always had from forty-five to sixty-four votes. Pomeroy, 
between forty-five and fifty-seven, Parrott between forty-seven and 
sixty, Stanton between ten and thirty-two, Delahay between two and 
eleven, and Kingman between three and eighteen. The final vote stood : 
Lane, fifty-five; Pomeroy, fifty-two, — and they were declared elected. 

The Frontier Guard 

Lane set out for Washington immediately after his election. There 
were then few troops in Washington. The Sixth Massachusetts was at- 
tacked by a mob in Baltimore on the 19th of April. A number of 
volunteer organizations were mustered to defend the Capital City. 
Senator Lane organized the Kansas men, then in Washington, into the 
"Frontier Giiard." Cassius M. Clay, of Keutuekj-, organized the "Clay 
Guards." These two companies guarded the White House. The Fron- 
tier Guard occupied the East room and slept there. It is related that 
the Guards were under very strict ordei's. No one could be admitted to 
the White House mthout the countersign. President Lincoln was de- 
tained until a late hour one evening, and the sentinel refused to admit 
him. The prompt organization of the Frontier Guard for the protection 
of the person of the President and his official residence, was one of the 
causes of the strong friendship which existed between President Lincoln 
and General Lane. So far as it has been possible to .secure the names, 
the following is the Roll of the Frontier Guard : 

Officers 

Captain James II. Lane Lawrence 

First Lieutenant Mark W. Delahay Leavenworth 

Second Lieutenant J. B. Stockton Leavenworth 

First Sergeant D. S. Gordon T^nited States Army 

Second Sergeant John T. Burris Olathe 

Third. Sergeant L. Holtslauder 

First Corporal Jolm P. Hattersclieidt Leavenworth 

Second Coi'poral J. W. Jenkins Lawrence 

rrivaics 

Henry J. Adams, Leavenworth Cliarles Howells. New York 

Daniel R. Anthony, Leavenworth William Hutchinson, Lawrence 

D. H. Bailey, Leavenworth M. H. Insley, Leavenworth 

T. D. Bancroft, New York J. B. Irvin, Doniphan county 

Jolin K. Barllett, Leavenworth George H. Keller, Leavenworth 

George Bassett, Lawrence Rol)ert JIcBratney, Junction City 

G. F. Clark Marcns J. Parrott. Leavenworth ' 

Gen. John S. Chirk Jiuvd Phillips, Paola 



KANSAS AND KANSANS 717 

Sidney Clarke, Lawrence Samuel C. Pomeroy, Atchison 

D. A. Clayton, Leavenworth W. W. Ross, Topeka 

J. A. Cody, Doniphan county Turner Sampson, Lawrence 

Edward Daniels Phillip C. Schuyler, Burlingame 

A. Danford, Paola Thomas Shankland 
Charles F. De Vivaldi, Manhattan J. S. Smith, Philadelphia 

Jeff. L. Dugger T. A. Sj^phers, Virginia 

Thos. Ewing, Jr., Leavenwortli Samuel P. Tappan, Lawrence 

Henry C. Fields, Leavenworth Chester Thomas, Topeka 

David Gardner, Fort Myer John C. Vaughan, Leavenworth 

S. W. Greer, Topeka G. F. Warren, Leavenworth 

Clark J. Hanks, Leavenworth A. A. Wheelock, New York 

Cunningham Hazlett A. Carter Wilder, Leavenworth 
James H. Holmes, I;awrence 

Kansas Troops 

The first call of President Lincoln for troops to suppress the rebellion 
was made April 15, 1861, and was for 75,000 men. In this call no allot- 
ment was made to Kansas. However, Governor Robinson furnished 650 
men. He took vigorous measures to organize the State militia, desiring 
that every able bodied man in Kansas be enlisted. The State was sepa- 
rated into two divisions, the Northern and Southern. J. C. Stone of 
Leavenworth, was made Jlajor-General of the Northern Division, and 
James Blood for the Southern Division. Before the close of 1861, two 
hundred companies of militia had been formed. As soon as calls were 
made by the President for volunteers for three years, allotments were 
made to Kansas for her quota. Twice as many men offered their services 
as these quotas specified. During Governor Robinson's administration, 
calls \vere made on Kansas for 5,006 men, and 10,639 were furnished. 
The organization of Kansas regiments and a brief statement of their 
service will be found under the Military History of Kansas. 

It was unfortunate for Kansas that the feud between General Lane 
and Governor Robinson should break out anew during the enlistment of 
troops. The President never trusted Governor Robinson, and General 
Lane was thus enabled to exercise much influence in Kansas, rightfully 
the prerogative of the Governor. Lane was authorized to raise and 
officer the Fourth and Fifth Kansas and to take command of a brigade. 
He led this brigade into Missouri where he conducted an active cam- 
paign in the fall of 1861. He an-ived at Kansas City on the 30th of 
September. On the 11th of October he and General Sturgis left Kansas 
City for Springfield, Missouri, arriving there on the 2nd of November. 
On the 15th of November he arrived at Fort Scott. On the 17th of 
December, Lane was appointed IMajor-General. The West-Pointers in 
the army always opposed the volunteer officers of high command, and 
General Lane was not supported in his efforts to organize an expedition 
which he desired to lead South. On the 26th of February, 1862, he made 
a statement to the Legislature in which he said that he had failed to 
make satisfactory arrangements with General Hunter; that he could not 
lead his military expedition to the Gulf; and that he would resign hi;? 
commission and wouhl return to the Senate. 



718 KANSAS AND KANSANS 

Election of 1862 

Governor Robiuson believing himself slighted by President Lincoln, 
gradually lost his interest in the conduct of the war ; at least, there was 
much dissatisfaction with his position and attitude. It was believed by 
many that his term as Governor expired in January, 1862. A petition 
was extensively signed urging the nomination of officers to be voted for 
in the fall of 1861. This petition was as follows : 

We, the undersigned citizens-, suffering in common witli others from 
the impotency or malice of the present State Executive, and earnestly 
desiring a State Government that will, in a patriotic and energetic 
manner, defend our people from invasion — knowing that by the plain 
and emphatic provisions of the State Constitution the tenn of our State 
officers expires on tlie fir.st day of January, and that the legislative enact- 
ment continuing the State officers beyond that time is null and void, and 
that there is not sufficient time, before the election, to hold a Nominating 
Convention, do respectfully pray your honorable body to nominate a full 
State ticket of efficient Union men, without reference to their political 
antecedents — men who will conduct the State Government with reference 
to the good of the wliole country, and not upon mere personal grounds. 

The Republican State Committee met at Topeka in October and 
nominated a ticket and adopted a platform as follows: 

For Governor, George A. Crawford, of Bourbon comity ; for Lieu- 
tenant Governor, Joseph L. Speer, of Jefferson county; for Secretary 
of State, J. W. Robinson, of Riley county; for Attorney General, Samuel 
A, Stinson, of Leavenworth county; for Treasurer, H. R. Button, of 
Brown county; for Auditor, James R. McClure. of Davis county; for 
Superintendent of Public In.struction, H. D. Preston, of Osage county. 

Resolved, That the vigorous prosecution of the present war, the earn- 
est and hearty support of the Administration in its efforts to crush out 
the Rebellion, the maintenance of the Constitution, the enforcement of 
the laws, and the preservation of the Union, are the issues upon which 
these nominations are made. 

The election was held on the 5th of November. This election per- 
manently fixed the Capital at Topeka by a vote of 7,996 to 5,291 for 
Lawrence, and 1,184 for all other locations. A Legislature, an Attor- 
ney General, and a State Treasurer were elected. George A. Crawford 
was elected Governor, but the question of the time of expiration of the 
term of Governor Robinson was taken to the Supreme Court ; it was 
decided that the term did not expire for another year. 

The Impeachment Cases 

The evil genius of the administration of Governor Robinson was 
one R. S. Stevens. The Legislature which met on the 26th of March, 
1861, passed an Act authorizing the issue of bonds to the amount of 
$150,000, which was approved May 1. 1861. It also passed another 
act, which was approved May 7, 1861, authorizing the State of Kansas 
to borrow the sum of $20,000 to "repel invasion, suppress insurrec- 



KANSAS AND KANSANS 719 

tion, and to defend the State in time of War." Austin M. Clark and 
James C. Stone were authorized to negotiate the bonds authorized by 
the first act. On the 10th of May, Stone and Clark made the follow- 
ing report to the Governor: 

His Excellency, Charles Rohinson, Governor of Kansas: 

Sir: Since you informed ns that we have been appointed by the 
Legislature, Commissioners to negotiate the Bonds of the State, we have 
taken every means in our power to ascertain whether the Bond.s could 
be sold, and if so, at what price, and we are satisfied that at this time 
it would be useless to attempt it. The moneyed men of the East are 
using all the means which they are willing to invest in stocks of any 
description, in sustaining the Government of the country in its contest 
with the Seceding States, and it would be very difficult, if not impos- 
sible, to give it a different direction. 

With these convictions, we do not feel willing to impose upon the 
State the expense of sending us to the Eastern cities upon a bootless 
errand. 

Hoping that some means may be devised to relieve the State from its 
present embarrassment, we remain. 

Yours respectfullv, 

J. C. Stone, 
A. M. Clark. 

The Legislature passed another act, supplementary to the act 
authorizing the negotiation of $150,000 bonds of the State. This act 
was approved on the 3rd of June, 1861. It was passed after the report 
of Stone and Clark had been received. 

The Legislatm-e which met January 14. 1862, appointed a commit- 
tee to investigate the manner in which the bonds had been disposed of. 
The committee submitted the following report: 

On Thursday, the 30th day of January, 1862, the House of Repre- 
sentatives adopted the following preamble and resolution, from which 
your committee derive their authority, to wit: 

Whereas, It appears from the reports of the auditor and treasurer 
of state, that a certain amount of the bonds of the state have been 
disposed of; and whereas, said reports do not fully set forth a detailed 
statement of the facts in relation thereto; therefore. 

Resolved, That a special committee of five be appointed by the chair 
to examine and investigate the accounts of the auditor and treasurer 
of state, and to ascertain all the fact.s connected with the sale of bonds 
of the State of Kansas, the disposition of the proceeds thereof, what 
amount of scrip there has been issued, what amount redeemed, and what 
amount has been bonded, what amount of bonds are remaining on hand 
and unsold, and whether or not state officers have been .speculating in 
the indebtedness of the state of Kansas, with full authority to send for 
persons and papers, with instructions to report at an early day. 

Before proceeding to call testimony touching the subject matter of 
investigation, it wa.s deemed best to make a careful examination of the 
different statutes- of the state in relation thereto. They find that an 
act was passed by the last Legislature and approved May 3d, 1861, 
authorizing certain persons, to wit : Austin M. Clark and James 0. Stone 
to negotiate the sale of one hundred and fifty thousand doHars of the 
bonds of the state, and report to the I-eyislature, within seventy days. 



720 KANSAS AND KANSANS 

their acts in the premises. By reference to the journals of the last 
session, and on page 382, it will be seen that they did report that any 
attempt at that time to negotiate the sale of Kansas bonds would be 
utterly useless and unavailing. After receiving the report of said com- 
missioners, an act was passed by the Legislature, and approved June 
7th, 1861, supplementary to the first named act, authorizing the sale of 
one hundred thousand dollars of the bonds of the state for not less than 
seventy cents on the dollar. This act gives authority to the Governor, 
Secretary of State and Auditor to negotiate the sale of these bonds, a 
majority of whom can act. This law provides that the treasurer shall 
prepare bonds to the amount of one hu)idied thousand dollars, with 
coupons attached, bearing interest at the rate of seven per cent, per 
annum, and to be made payable in fifteen years. The interest to be 
paid semi-annually. 

Another act was passed by said Legislature, which was approved 
June 7th, 1861. providing for the issuance of twenty thousand dollars 
of the bonds of the state, bearing ten per cent, interest, and made payable 
in two years. 

These are the only acts that your committee have been able to find, 
bearing upon the matter of the sale of Kansas state bonds. 

With regard to bonds issued by the state during the year 1861, under 
the acts referred to. your committee would state that the total issue of 
bonds, of every description, amounted to .'fl89,4-00. Of these, $40,000 
were ten per cent, bonds, issued under the act of May 7th, and known 
as war bonds. Thirty-one thousand dollars of the.se ten per cent, bonds 
have been sold by the treasurer to R. S. Stevens, for forty cents on the 
dollar; the balance are in the trea.surer's hands. It appears, on evidence 
before us, that a large portion of these bonds ($26,000) were sold by 
Mr. Stevens to the Interior Department at Washington for ninety-five 
cents on the dollar. Of the seven per cent, bonds, $62,200 were used 
in taking up state scrip, and $87,200 were delivered to R. S. Stevens, 
for which sixty cents on the dollar was to be accounted for by him to 
the state. It appears, from evidence before us, that these bonds were 
sold to the Interior Department at Washington for eighty-five cents on 
the dollar. The evidence before your committee regarding the sale 
of the bonds is ciuite lengthy, and will be placed before your body in 
printed form. 

The conclusions arrived at by your committee are such as to warrant 
them in the belief that this House will take decisive measures, and deem- 
ing a fair and full examination of all the evidence proper in the 
premises, would commend it to the attention of the House. 

Of the $4(1.(1111) issiii'.l under the act of May 7th, your committee are 
clearly of the uiiinidii tiiat $20,000 are illegal, and the House should take 
some action ri'yai'diiig them. 

Your committee also are clearly of the opinion that the treasurer 
had no authority to sell any of the ten per cent, bonds at less than par, 
and is liable to the state for the face of all ten per cent, bonds sold, and 
of which $12,400 have been paid into the treasury, leaving a deficiency 
on bonds sold, to be accounted for, of $18,600. 

Of the seven per cent, bonds sold, your connnittee would call attention 
to the fact that they are sold by Mr. Stevens, as state agent, he deriving 
his authority from tlie state officere authorized by law to sell these bonds. 
It appears, on evidence, that he was authorized by them to have all he 
could realize over sixty cents on the dollar. Your committee are of the 
opinion that the state officers are not authorized by law to make any 
yuch agreement, and liclicve Mr. Steveii.s liable to the state for all bonds 
sold liy him, f,>r fin full ,niu,in,t af iclildi h, iirnotiafcd the bo»(ls. viz., 



KANSAS AND KANSANS 721 

eighty-jive cents on the dollar. An unlawful act cannot be rendered 
lawful by any sanction given it by state officers, in the opinion of your 
committee. We would further state that, from the evidence before us, 
it appears that the $87,200 of seven per cent, bonds were not negotiated 
with the Interior Dej^artment, until after the semi-annual interest had 
matured, the bonds having been issued on July 1st, 1861, and negotiated 
on or about January 1st, 1862. This interest, amounting to $3,052, it 
appeal's upon evidence, has been paid to R. S. Stevens, and thus the 
state has realized on bonds sold but fifty-six and a half cents on the 
dollar. Your committee are of the opinion that this interest properly 
belongs to the state. 

We would further state that, of the $87,200 of bonds placed in the 
hands of R. S. Stevens, it appears, upon evidence, that he has accounted 
to the state for $56,200, at sixty cents on the dollar, by the payment 
into the treasury of $33,720 — the balance of the bonds ($31,000) being 
negotiated with but not paid for by the Interior Department at Wash- 
ington. Your committee would recommend that an act be at once 
created appointing an agent to go to Washington to take charge of this 
property, with full power to transact all further business necessary in 
the matter, on behalf of the state. 

Your committee call especial attention to the extracts from letters, 
and the 'receipts, copies of contract, and appointment, accompanying the 
evidence. 

In reference to the state treasurer, the committee ask time to take 
further testimony, which, in their opinion, i.s necessary to a proper 
disposal of the case. 

From the evidence which your committee submit with this report, 
they are of the opinion that there has been a collusion of Charles Rob- 
inson, George S. Hillyer and John W. Robinson with R. S. Stevens, to 
defraud the state of Kansas of a large sum of money. 

Your committee therefore unanimously report the following resolu- 
tion, aiid recommend its adoption, as a measure demanded by public 
justice and a proper regard for the rights of the people of Kansas: 

Resolved, That Charles Robinson, Governor, John W. Robinson, Sec- 
retary of State, and George S. Hillyer, Auditor of the State of Kansas, 
be and they are hereby impeached of high misdemeanors in ofSce. 

JLvRTiN Anderson, Chairman. 
H. L. Jones. 
b. w. h.\btlet. 
Thomas Carney. 
Sidney Clarke. 

WiDiaiu Tholeu, of Leavenworth, had been elected State Treasurer 
on the ticket with Governor Robinson. Governor Robinson refused to 
accept the official bond made by Treasurer Tholen, which had the effect 
of vacating his office. The Governor then appointed H. R. Dutton, of 
Brown County, Treasurer, to fill the vacancy. Dutton had signed the 
report, with S. N. Wood, which practically approved the fraudulent 
bonds issued on Kansas claims. The removal of Tholen, an honest 
man, and the appointment of Dutton, were the bad features in the case 
against Governor Robinson. 

The resolution of the committee was unanimously adopted. Being 
authorized and directed by the House to appoint a committee to con- 
duct the impeachment eases in the trial before the Senate, the Speaker 
named Preston B. Plumb, Azel Spaulding, F. W. Potter, W. R. Wag- 



722 KANSAS AND KANSANS 

staff and Davies Wilson. On the 20th of February, Plumb reported, 
on behalf of his committee, which was called the Committee of Man- 
agers of Impeachment Cases, eight articles of impeachment of John 
W. Robinson, Secretary of State. On the 26th he reported seven 
articles of impeachment of George S. HHlyer, Auditor of State. On 
the same day he reported five articles of impeachment of Charles Rob- 
inson, Governor of Kansas. These reports were all adopted, — the arti- 
cles against Governor Robinson by a vote of fifty-three to seven, and 
those against the others, unanimously. The trial of the impeachment 
cases began on the second day of June, 1862. 

The testimony of George S. Hillyer showed that R. S. Stevens was 
appointed State Agent to sell Kansas State bonds by the Governor, Sec- 
retary of State, and himself. The agreement was that he should take 
the bonds, and, when sold, account to the State for sixty cents on the 
dollar. The Secretary of State wrote from Washington to D. H. Weir, 
his clerk, ' ' Keep mum about the bonds. Do not say a word to any per- 
son alive — not even to your wife — for we want it as secret as it can be 
until it is fixed." On another occasion he wrote, "I had an interview 
with Mr. Lincoln night before last ... we may possibly put in 
the loan at sixty cents, but it will never hurt the State a dime or will 
even be heard of . . . keep still." 

Treasurer Dutton testified: "Sold $31,000 of war bonds to Mr. 
Stevens for forty cents on the dollar and took his receipt. ... I 
also gave him $27,000 7 per cent bonds and took his receipt for them, 
to be returned or sold at seventy cents on the dollar. The bonds were 
not returned. He came back and I was informed by tlie Auditor and 
Secretary of State that they had made an arrangement for the sale of 
the bonds, and I took an additional receipt of $53,400, $5,000 being 
retained by the Auditor to redeem scrip." 

Mr. Morrow testified, "I reside in Lawrence. Am interested in the 
Lawrence Bank. I am at this time nominally president of the bank, 
but I disposed of my interest sometime in the fall to R. S. Stevens. 
The directors of the Lawrence Bank are James Blood, T. B. Eldridge, 
Mr. Stevens and Gov. Robinson and myself. The directors are prin- 
cipally the stockholders. . . . Mr. Dutton has an account at 
the Lawrence Bank. He gives drafts on our bank which we pay in 
such funds as he draws for." 

Stevens seemed to have managed the whole matter of disposing of 
the bonds. The result of the trial of the State Officers on the impeach- 
ment charges were that the Secretary of State and State Auditor were 
found guilty and removed from office. Governor Robinson was acquit- 
ted, it having been shown that he was not present in Washington when 
the bonds were sold and that his name was signed by the Auditor or 
Secretary, and that he refused to sign such a paper when Stevens 
requested him to do so. 

This was a very unfortunate transaction. Kansas was immedi- 
ately spoken of in the newspapers as "The rotten Commonwealth." 
That was unjust. There was no party rancor in these impeachment 



KANSAS AND KANSANS 723 

eases. They were the result of a desire of the people to secure an 
honest and capable administration of their affairs. In fact, very lit- 
tle damage was caused to the financial reputation of the State. At the 
close of the Civil War, Kansas made ample provision for the payment 
of all her obligations. The credit of the State has been what finan- 
ciers call "gilt edge" from that day. 

This bond transaction destroyed Governor Robinson politically. The 
Republican State Convention met at Topeka September 17th. On the 
18th Thomas Carney was nominated for Governor. Governor Robin- 
son was not a candidate, and afterwards he did not act with the Repub- 
lican party. 

The Eleventh Kansas 

The Eleventh Kansas Infantry was organized in September, 1862. 
Thomas Ewing, Jr., was mustered as Colonel on the 14th of Septem- 
ber. On the 24th of September, P. B. Plumb, Captain of Company C, 
was elected Major. The Eleventh Regiment was one of the best regi- 
ments organized in Kansas in the CivU War. It was immediately 
equipped and sent to Northwest Arkansas, where it became a part of 
the Army of the Frontier under command of General James G. Blunt, 
Its first battle was that of Old Fort Wayne, in the Cherokee Nation, 
on the 22nd of October. General D. H. Cooper of the Confederacy, in 
command of the rebel forces, was defeated. On the 28th of November, 
General Blunt attacked Jlarmaduke at Cane Hill, Arkansas. The 
Confederate forces were defeated and driven ten miles over the Boston 
Mountains. The retreat was continued to Van Buren. At that point 
General Hindman made a hasty reorganization of his forces and deter- 
mined to drive the Army of the Frontier from Arkansas. In his effort 
to do this occurred the Battle of Prairie Grove, one of the most impor- 
tant in which the Kansas troops were engaged. 



CHAPTER XLI 
PRAIRIE GROVE 

The defeat of Marmaduke at Cane Hill and his expulsion from 
the region north of the Boston Mountains did not change the purpose 
of General Hiudman. He was well informed as to the strength and 
position of General Blunt 's army, and he knew that the nearest troops 
which Blunt could call to his aid were more than a hundred miles 
away. Hindman's army consisted of infantry, cavalry, and artillery, 
and numbered about twenty-five thousand men, though in his official 
reports he insisted that he had only twelve to fifteen thousand. He 
had six thousand cavalry, and thirty pieces of artillery. i He believed 
he could march from Van Buren to Cane Hill, fifty miles, and defeat 
Blunt before he could be reinforced. It is probably true that lack of 
supplies prevented him from taking all his troops on his campaign 
against Blunt, but he had at least fifteen thousand effective troops in 
the field, probably more, although he reported eleven thousand in addi- 
tion to his artillery. He believed it was necessary for him to achieve 
some success at once, if his army was to be held intact. Both ammu- 
nition and food were short. There was a spirit of insubordination in 
his ranks. Many of his men were conscripts. Union men, who had been 
forced into the Confederate ai'my, and they had no sympathy with the 
Southern cause. Numbers of them were deserting everj' day. Hind- 
man, while an able officer, was unpopular, and even then the Confeder- 
acy was failing west of the Mississippi. But if a decisive victory could 
be won in Northwest Arkansas, and Kansas and Missouri thrown open 
to invasion, a better face would be put on the cause in the Southwest. 
These were the considerations which actuated the Confederate com- 
mander. 

General Hindman moved north from Van Buren on the 3d of 
December. So certain was he of success that he ordered a regiment 
of Confederate Indians to occupy Evansville, a village immediately 
west of Cane Hill, to prevent the escape of Blunt in that direction. 
On the night of the 4th the rebel force bivouacked at Oliver's store, on 
Lee's Creek, at the mouth of Cove Creek. Up Cove Creek the march 
was slow, but by the evening of the 6th the entire army had reached 
the junction of the Cane Hill and Fayetteville roads, at General Price's 



■■ See official reports. Series 1. Vol. XXII, Pai't 1, RchrUion Becorda 
pp. 67-158, for number of troops on each side. 
724 



KANSAS AND KANSANS 725 

old headquarters, on the farm of John Morrow, about eight miles south- 
east of Cane Hill. It did not, however, reach this point, without oppo- 
sition from Blunt. On the 3d of December Captain Samuel J. Craw- 
ford, Second Kansas, was sent down Cove Creek with a part of his 
regiment, and at Oliver's he met and skirmished with Marmaduke's 
advance. The next day Captain A. P. Russell, Second Kansas, was 
sent to scout down Cove Creek, where he met the enemy in increasing 
force. Crawford was again sent out on the 5th with two or three com- 
panies of his regiment and resisted the advance of Marmaduke up Cove 
Creek most of the day. Near night he posted Captain John Gardner, 
with two companies, at the junction of the Cane Hill and Fayetteville 
roads, and as it was certain that he would be attacked by an over- 
whelming force and pushed back at daylight, Crawford was to send 
out substantial reinforcements during the night. From that point 
to Cane Hill the advance of Hindman was to be stubbornly fought. For 
some cause the reinforcements were not sent to Captain Gardner, 
although General Blunt assured Crawford that they should be sent 
and gave the proper orders. Of this Crawford learned at daylight of 
the 6th while discussing conditions with a group of officers at the head- 
quarters of Colonel Cloud. These officers did not believe with Craw- 
ford that a general battle might be fought that day — certainly within 
a day or two — in the vicinity of Cane Hill and possibly between the 
town and the position of Captain Gardner. "In thirty minutes," said 
Crawford, "you will see a courier from Captain Gardner on a foam- 
covered horse coming ai'ound that hill. His command is, I fear, cut 
to pieces." Within fifteen minutes the coui'ier appeared, and Craw- 
ford, who had taken the precaution to have his men ready, secured 
orders and at once started with five companies of the Second Kansas 
to the assistance of Captain Gardner, whom he found had been driven 
a mile and a half, but formed across the road, and falling back slowly 
before a greatly superior force, fighting at every step. Crawford 
formed just behind him and ordered him to file by and form in the 
rear. 

In a short time General Blunt sent other troops down the Cane 
Hill road, among them JIajor Plumb with two companies of the Elev- 
enth Kansas. Plumb was the ranking officer at the front ; and, although 
hotly engaged. Captain Crawford offered him the command. "Plumb 
was a patriot and never stood on fine points of military usage," said 
Crawford.^ "He was an infantry officer, and mo.st of the troops 
at the front were calvary and then in line fighting back the advance of 
the enemy, and he insisted that a cavalry officer retain the command, 
requesting me to continue in that capacity. I agreed to do so and 
pointed out the position where I desired him to post his men." Other 
reinforcements were sent out, and the position was held, but at times 
it was a difficult matter. Crawford, afterwards a Colonel, and, later, 
Governor of Kansas, bears witness that Plumb handled his men admir- 



' Statement made Id the autlior April 27, 1911. 



726 



KANSAS AND KANSANS 



ably and fought well all day, though it was the second time he had ever 
been under fire. Toward night the main weight of the battle fell on 
him, and he held his ground, and the day ended with the whole force 
of Hindman cheeked on Reed's Mountain six miles southeast of Cane 
Hill. At night the officers who had been at the front throughout the 




Sen.vtor Preston B. Plumb 
[Plumb was a pioneer in Kansas. He was one of the founders of 
Emporia. He was in the Union army, and botli major and colonel of 
the Eleventh Kansas. He was long United States senator from Kansas. 
In the Senate' he was one of the men who accomplished things. He was 
the father of the idea of the conservation of the natural resources of 
America. It was his law that created the National Forest Reserves and 
extended aid to irrigation and the reclamation of arid lands. Many of 
the laws on the national statute liooks were put there by Preston B. 
Plumb. He was a great man and a great Kansan. He died at Washing- 
ton, D. C, in 1891, while still in the Senate.] 

day were relieved, and Plumb and Captain A. P. Russell rode back to 
Cane Hill with Crawford. Russell had a presentment that he would 
be killed the next day, and gave some directions as to the disposition 
of his effects. He could not be shaken in his belief — and the next day 
fell while fighting manfully.'' 



•■< The fighting her 
ment. It seems to 



most important engage- 
itoriaiis. See Rebellion 



KANSAS AND KANSANS 727 

During the night of the 6th Major Plumb was sent back to the 
front with reinforcements, where he remained on Sunday, the 7th, 
until after General Blunt 's army had moved out of Cane Hill to meet 
Hindman. An officer of the general staff found him there and in 
surprise inquired if he did not know that Cane Hill had been evacuated 
and that Hindman had passed on north. Plumb said he knew it. 
"Then what are you staying here for?" asked the officer. "I haven't 
had any orders to fall back," replied Plumb. The officer, on his own 
responsibility, ordered Plumb back, and he joined his regiment north 
of Cane Hill just as the artillery firing was heard and the march to 
Prairie Grove began. 

When General Blunt was convinced that he was to be attacked by 
Hindman with greatly superior numbers he determined to hold his 
ground and call to his aid the Second and Third Divisions, camped 
then on the old "Wilson Creek battlefield ten miles southwest of Spring- 
field, Mo. General F. J. Herron was in command, and on the morning 
of the third, he received the telegraphic order of General Blunt to 
join him at Cane Hill as quickly as possible. Within three hours he 
moved with the Third Division and was immediately followed by the 
Second. That night he camped at Crane Creek, in Stone County, Mis- 
souri, where it is crossed by the famous Wire or Telegraph road, which 
led from Springfield, through Fayetteville, to Van Buren. He kept 
to this road, passing rapidly over it, reaching Elkhorn Tavern (Pea 
Ridge) on the evening of the 5th. There he received an order from 
General Blunt to forward his cavalry force at once, which he did, 
sending it on sixteen hundred strong under Colonel Dudley Wicker- 
sham ; it arrived at Cane Hill near midnight of the 6th. 

General Herron arrived at Fayetteville at four o'clock Sunday 
morning (the 7th), having marched all night, and pushed on expecting 
to join General Blunt at Cane Hill about ten o'clock. He intended to 
follow the Van Buren road to Prairie Grove Church and there take 
the road leading southwest to Cane Hill. From the vicinity of Fay- 
etteville information reached General Hindman of Herr6n's near 
approach, and early on the night of Saturday the Confederate com- 
mander determined to move his army up the Fayetteville road to meet 
and defeat Herron before he could join Blunt — after which he would 
fight it out with Blunt. Colonel J. C. Monroe, with his brigade of 
Arkansas cavalry, was ordei'ed to engage the Union forces on the 
mountain southeast of Cane Hill at daylight and deceive them as long 
as possible, and at four o'clock Hindman moved toward Fayetteville 
with the remainder of his army. Marmaduke's cavalry led the march, 
and shortly after daylight it came upon Herron 's advance — the First 
Arkansas Cavalry — about halfway between Fayetteville and Cane Hill. 

Records. Series 1, Vol. XXIT, Part 1. pp. 60-66, for the official reports 
of it. There it is called the battle of Reed's IMountain. The best acpount 
of this battle is to be found in Kansa.^ in the Sixties, by Samuel J. Craw- 
ford, who was in command. See pp. 72-76, inclusive, where the subject 
is treated as the battle of the Boston Mountains. 



728 KANSAS AND KANSANS 

The cavalry of Herron's Second Division had come up with the First 
Arkansas and stopped to rest and feed their horses, intending to start 
on to join General Blunt at dawn. There seem to have been no pre- 
cautions taken to guard against surprise. The attack was sudden and 
fierce, and the Union cavalry fled in panic and disorder, pursued by 
at least three thousand Missouri cavalry, including Quantrill's guer- 
rillas, \inder Shelby. At seven o'clock this rabble, with blood-thirsty 
guerrillas on its heels, ran into the Union infantry advance, led by 
General Herron, sis miles south of Payetteville, and it was with diffi- 
culty tliat the mad rout was checked. General Herron had himself 
to shoot dead one of the panic-stricken cavalrymen as an example of 
the fate of all who would not halt, face about and fight. Taking four 
companies of infantry, some cavalry, and a section of artillery. Gen- 
eral Herron drove Marmaduke's outriders back four miles to Illinois 
Creek, beyond which he found Hindman's whole army in a strong posi- 
tion. The command of Shelby, with the prisoners and train taken 
shortly before, was just ascending to this position from the creek val- 
ley when it was opened on with two pieces of artillery, which served 
only to increase its speed. 

General Herron now made a survey of the Confederate position. 
It was in an extensive grove of timber on a singular elevation, which 
extends from east to west across the Fayetteville and Van Buren road 
which cuts through it in a southwesterly direction. The elevation rises 
from a prairie or plain. It slopes gently to the south, but on the north 
it presents a sharp escarpment. The grove on the ridge joined larger 
bodies of timber at either end. At the south side of the grove the Cane 
Hill road turned sharply southwest toward that village. In the fork 
of the road a mile south of the Confederate position, stood the Prairie 
Grove Church. North of the elevation there is a wide valley through 
which a small stream flows into Illinois Creek, and much of which had 
been cultivated, the dead stalks of the corn still standing in the fields. 
Beyond this valley, to the north, is a prairie, and some timbered hills 
which rise to the same level as the hill on which is Prairie Grove. In 
front of the Confederate position, along the north fringe of the grove, 
on the slope, stood some dwellings surrounded b.y enclosures; and 
about the fields were rail fences. The survey revealed a Confederate 
line more than two miles in length, and while there were no means of 
ascertaining the number of the enemy, enough could be seen to indi- 
cate certainly that the Union forces were far outnumbered. 

By cutting a road through a thicket half a mile below the ford on 
Illinois Creek. Herron got Murphy's battery into fine position facing 
the enemy's center. This battery he divided into two sections, which 
he placed six hundred yards apart, both concealed by the thicket from 
the enemy. Two regiments of infantry were thrown to the right of 
the battery and one to the left. Colonel Orme was sent across Illinois 
Creek at the ford with the Second Brigade of the Third Division, and 
ordered to divide his battery as Murphy's had been, station his infan- 
try in the rear, and open at once. Colonel Bertram was ordered to 



KANSAS AND KANSANS 729 

take the First Brigade across the creek and form on the right of Ormc. 
dividing his battery as had the others. 

Most of these preliminaries were completed before eleven o'clock, 
and some of them perhaps as late as twelve, on Sunday morning. Gen- 
eral Herron gives the hour as ten o'clock. Murphy's battery opened the 
battle, and under his fire all the remaining batteries crossed the creek 
and were soon in positions in line of those with Orme and Bertram. 
In ten minutes General Herron had eighteen pieces doing most effective 
work, and they were replied to with twenty-two of the pieces of Hind- 
man, the firing of which never approached even fair gunnery. The 
fire of Herron 's artilleiy was terrible and deadly from the first. Some 
of the Confederate guns were dismounted, and their artillery horses 
lay dead in heaps of four to six in every position taken. In an effort 
to abate this awful storm of lead and iron against which nothing could 
long stand, Hindman threw hea\'y infantry columns against the Union 
right. But this was without avail. They were always stopped by the 
Union artillery and pursued in their return to their own lines. Herron 
ordered the Nineteenth Iowa and Twentieth Wisconsin to turn them 
back again after the battle had been in progress for some time, which 
was do2ie with such fierce enthusiasm that the rebel lines were rolled 
back a thousand yards, and a battery of four pieces was captured. To 
meet and stay this onslaught, Hindman sent forward every available 
man, and sucli numbers fell on the Union charging line that it could 
not bring off the captured battery, and retired without it. 

This was late in the afternoon, and at that moment there appeared 
on the rebel left masses of men in blue. They emerged from the woods 
which fringed the prairies as a long-confined flood bursts its banks. 
The rush and roar of their coming were as the sound of storm-driven 
seas. They poured forth, seemingly in inextricable confusion — cav- 
alry, infantry, artillery, officers and subalterns, brigades, regiments, 
companies and squadrons — a throng wrought to the extreme of excite- 
ment, frenzy, madness. Every artillery horse was bestridden by a 
man plying a merciless lash, and was running as if coming down the 
home-stretch — neck straightened, ears flattened, eyes wild, nostrils 
dilated. Clinging to the guns and caissons were the artillerymen, flung 
and tossed like sailors on tempest-beaten wrecks. The cavalry, lying 
over saddle-horns, burst from the bordering thickets under whip and 
spur. The infantry, keeping even pace in this mad race, came into 
the open, hatless, coatless, aceouterments streaming out behind, but 
with guns tightly clutched and ammmiition safe. Over and above all 
floated the Stars and Stripes; and the showing of regimental banners 
halted men, straightened tangled ranks, formed columns, fashioned 
the confused mass into an orderly battle-line straight and rigid as a 
steel bar. 

Because of the failure of a scouting column to report the movement 
north of Hindman 's army General Blunt was in ignorance of the exact 
conditions confronting him on the morning of the 7th. He was still 
expecting an attack at Cane Hill and disposed his lines to receive it. 



730 



KANSAS AND KANSANS 



At ten o'clock, when it was certain that the enemy in his front was 
only covering some maneuver, he moved in the direction of his base of 
supplies at Rhea's Mills, a few miles north. He was anxiously await- 
ing some intelligence from General Herron, whom he had expected to 
arrive at Cane Hill in the forenoon by the road turning toward the 
west at Prairie Grove Church. That a battle must be fought that day 
General Blunt knew, and when no enemy of consequence appeared he 
had set out to find one. He moved cautiously, and was ready for an 




Major-Gener.vl James G. Blunt 

[Copy by Willard of Portrait in Library of Kau.sas State Historical 
Society] 

attack from any quarter. The booming of General .Herron 's artillery 
was the first definite information which reached him. He knew at once 
what had happened and where the battle would be. And so did the 
army, which moved as one man toward Herron 's position. General 
Blunt announced the arrival of his army on the field by two cannon- 
shots, and as he did not know the positions occupied by the contending 
forces, the balls fell among the Union skii-mishers. General Herron 
furnished him exact information by the time his line was formed, and 
General Blunt quickly fronted the left wing of the Confederate battle- 
line, taking position near tlic skirt of wooils extending from the grove 



KANSAS AND KANSANS 731 

down to the foot of the slope, but with his men in the clear and botli 
wings of his army extending into open fields. 

And not a moment too soon did he form there, for the battle was 
reaching a cintical juncture. The last of Hindman's infantry had 
arrived, which, together witli Marmaduke's cavalry, Hindman was throw- 
ing forward to crush General Herron's right. It was to move by the 
rebel left over the field just occupied by the Union line, and Greneral 
Blunt 's men received this onset and turned it back after hard fighting. 
The right wing of the Eleventh Kansas formed in the edge of the woods 
and was led by Colonel Ewing, and the left under jMoonlight formed 
in support of the batteries of Eabb and Hopkins. The left wing 
advanced halfway up the slope, fixed bayonets for a charge at the 
crest, and lay down to await the order to advance, which was given as 
the rebel infantry appeared four ranks deep driven by the cavalry 
regiments acting a.s file-closers. The fire of the Eleventh checked them 
for only a moment, and a fierce struggle ensued. The Eleventh was 
forced back, sometimes with line broken, but always closing quickly, 
to a fence below the top of the hill, where a stand was made. The posi- 
tion could not be held, but the main line was maintained until the 
enemy fell back at dark. The artillery had been protected and had 
played at short range on the enemy with double charges of grape 
and canister with terrible effect. As night was falling the batteries 
were just in the act of firing on a body of infantry coming out of the 
woods. Plumb believed it was the right wing of his regiment and 
prevented the fire. He rode forward and found it to be Colonel Ewing, 
as he had supposed, and whom he had saved by his watchful care.* 

Hindman had done his best. His assault on Blunt 's line had been 
desperate, but unsuccessful. Having doubt of the loyalty of much of 
his infantry, he drove it into action with his cavalry, as we have seen. 
One of his regiments deserted on the field. At nightfall he was defeated, 
and saw that he must retreat, and he feared that even retreat was im- 
possible. By the abuse of the usage of the flag of truce he secured time 
ostensibly to bury his dead and attend his wounded, but which lie utilized 
in getting his men on the road ])ack to Van Buren, practically abandoning 
both his dead and wounded. Witli him disappeared the hope of the 
Confederacy in Jlissonri and Xorthwest Arkan.sas. His defeat was 
decisive." 



* Those survivors interviewed mostly say that Pluinl) commanded the 
left wing of the Eleventli Kansas in the battle. The official reports give 
this honor to Colonel Moonlight, but he was an artillerj' officer, and no 
doubt gave some of his attenlion to Ihe operations of the guns. In his 
report Colonel Jloonlight specially mentions the services of Major Plumb 
on the field and pays a high tribute to his courage and ability. 

"■ The reports of the officers of both sides are published in Rebellion 
Records, Series I, pp. 67-1 08. 



CHAPTER XLH 
DISTRICT OP THE BORDER 

General Blunt marched on Van Buren on the 27th of December. The 
melting snow on the Boston Mountains made this one of the hardest and 
most disagreeable marches of the war. Cove Creek was running full 
of ice and slush, and the troops were compelled to ford this stream 
thirty-six times in marching twenty miles. There were no bridges, and 
the men were compelled to wade the stream, which was sometimes waist 
deep. On the 28th Hindman's rear guard \\as overtaken and attacked. 
It fled in a panic to Van Buren. Blunt 's army soon entered that town 
and Hindman was driven out. His army was demoralized, and he re- 
treated to Little Rock. 

The Eleventh Kansas was sent to Kansas Citw wlicre it ai-rived in 
June, 1863, and became a part of the force of the District of the Border. 
Thomas Ewing, Jr., was made Brigadier-General, in command of the 
District. Thomas Moonlight was made Colonel of the Eleventh Kansas, 
and P. B. Plumb Lieutenant-Colonel. 

The condition on the border at that time was deplorable. In Missouri 
there remained many who were disloyal. Various causes prevented their 
enlistment and continuous service in the Confederate army, the desire 
to engage in the irregular and unrestrained warfare of the guerrilla being 
uppermost. Of these men Ingalls truly said: 

During the war they became guerrillas and bushwhackers under Price, 
Anderson and Quantrilj ; assassins, thugs, poisoners of wells, murderers 
of captive women and children, saekers of defenseless towns, house- 
burners, horse-thieves, perpetrators of atrocities that would make the 
blood of Sepoys run cold. 

These guerrillas moved in band.s. They quartered themselves on the 
disloyal and such of the loyal as they did not despoil and murder. From 
brakes and coverts they attacked small detachments of Federal soldiers 
passing from point to point. These bands had the full aiul unreserved 
support of the Confederate officers. 

The chief of these marauders was Quantrill, a renegade Ohioan. His 
bloody deeds shocked the world ; l)ut even that did not meet the demands 
of the disloyal element in Missouri ; he was dethroned, and Todd, more 
brutal and diabolic, was elevated to Ins place. Quantrill had no love 
for the Confederacy; but Todd's devotion to it was fanatical. Bill 
Anderson bad all tJH' bloody attributes of Todd, but was made of baser 
7;?2 



KANSAS AND KANSANS 



733 



clay and possessed lower instincts. In the District of the Border were 
also a score of lesser guerrilla captains, Parker, the Youngers, and others, 
all bent on the murder of Missouri Union men, whether soldiers or non- 
combatants, and with a thirst for robbery which it took the law thirty 
years to quench after the war was over. 

Wlieu General Ewiug as.sumed command of the District of the Border 
he found his Missouri counties overrun with this banditti. It lurked in 
every thicket and prowled around every outpost. It crossed the border- 




[Copv 



Gen. Thomas Ewixg, Jr. 

d (if Portrait in Library of Kansas State Historical 
Socictv] 



line and sacked hi'l]iless villages in Kansas, and, returning to ^lissouri 
fastnesses, left a trail of blood and ruin. The conditions were greatly 
aggravated by the presence in Kansas of sordid and unpatriotic men, 
who, as General Ewing said, were preying on the misery of IMissouri and 
stealing themselves rich in the name of liberty. 

This warfare was not wholly between Kansas anti the people of ^lis- 
souri. Indeed, it had its deepest bitterness between the people of 
Missouri themselves, neiglibor against neighbor. Of those who remained 
at home, or who returned after a temporary service, the sympathizers 
with the ('(mtVd.'ni.'V far nutnnmbcml those who loved the Old Flag. 



734 KANSAS AND KANSANS 

These latter were almost all expelled or murdered by the former. Of 
those who fled from home the majority went to Kansas, where they either 
enlisted in Kansas regiments or sought favorable occasions to visit their 
old homes with arms in their hands to even up former differences with 
neighbors. There were many Missourians in every Kansas regiment. 
In every county in Missouri the loyal men enlisted in the Union army. 
These soldiers, whether in Missouri or Kansas regiments, were far more 
bitter towards their former neighbors and fellow-citizens than were the 
Kansans. They were nearly always moved by personal grievances. 

When General Ewing had looked over his field he was appalled at the 
condition.s and the magnitude of the task assigned him. On the 20th of 
June he wrote General Scholield that the whole border thirty miles into 
Kansas was greatly disturbed, and that it would take little more than 
the present demonstration of guerrillas to stampede the whole country. 

Three gangs of bushwhackers in Cass and Jackson counties had al- 
ready grown formidable since the removal of Colonel Peniek's regiment. 
Yager and his band of outlaws had, in May, ridden west over the Santa 
Fe Trail beyond Council Grove, committing many robberies and murders, 
and had returned to Missouri with small loss. General Ewing found 
awaiting him an urgent demand for six companies of cavalry to protect 
the country along the Santa Fe Trail as far west as Larned, and while 
he recognized the justice of the request, he had no troops to spare for 
the purpose. The guerrillas killed four Union men and one girl, and 
wounded nine, in a German settlement near Lexington on the 14th of 
July. After the removal of the Fifth Missouri, guerrillas crowded up 
to the bounds of Kansas City. Citizens were murdered and their homes 
burned almost daily in Jackson County, and conditions were worse in 
the outlying portions of the Di.strict. General Ewing wrote, on August 
3d, that: 

About one-half the farmers in the border tier of counties of Missouri 
in my District, at ditit'erent times since the war began, entered the rebel 
service. One-half of them are dead or still in the service; the other half, 
quitting from time' to time the rebel armies, have returned to those 
counties. Unable to live at their homes if they would, they have gone 
to bushwhacking, and have driven almost all avowed Unionists out of the 
country or to the military stations. And now, sometimes in bands of 
several hiindred, they scour the country, robbing and killing those they 
think unfriendly to them, and threatening the settlements of the Kansas 
border and the towns and stations in Missouri. 

Continuing, General Ewing said that about two-thirds of the families 
on the occupied farms of that region were related to the guerrillas, and 
were actively and heartily engaged in feeding, clothing, and sustaining 
them. The physical character of the land greatly favored guerrilla war- 
fare, and the presence there of the families caused the presence of the 
guerrillas. It was impossible to clear the country of them as long as the 
families remained, and General Ewing proposed and was granted per- 
mission, to send the families of the most active guerrillas out of his 
District to some point in Arkansas accessible by steamboat, there to re- 
main luitil the war ended. This was the inception of Order No. 11. 



KANSAS AND KANSANS 735 

On the 31st of July General Ewing had present for duty in the 
District of the Border one hundred and two ofBeers and twenty-five 
hundred and forty-six men. With this small force he was expected to 
garrison and patrol, battle over and protect nearly sixty thousand square 
miles of territory, including an Indian frontier of vast extent, the supply- 
Hue from Fort Leavenworth to Fort Scott for General Blunt 's District 
of the Frontier, and one hundred miles of bloody border-line. General 
E wing's plans for guarding the boi'der were the best that could be made 
with the troops at his disposal. To prevent the invasion of Kansas he 
established posts or stations on and along the State-line south of Kansas 
City to the limits of his District. 

These stations were usually about twelve miles apart, and were : 

Westport, six miles out. 

Shawnee Mission, three miles from Westport. 

Little Santa Fe, ten miles .south of Westport ; commanded by Captain 
Charles F. Coleman, Company D, Ninth Kansas, with his company and a 
detachment of Company ]\I, Fifth Kansas Cavalry, in all about eighty 
men. 

Aubry, twelve miles south of Little Santa Fe; commanded by Cap- 
tain J. A. Pike. Company K, Ninth Kansas, with his own company and 
Company D, Eleventh Kan.sas; both companies made a force of about 
one hundred men. 

Coldwater Grove, thirteen miles south of Aubry ; commanded by 
Lieutenant-Colonel Charles S. Clark, Ninth Kansas, with Company E of 
his own regiment. All the troops south of Little Santa Fe, in the Dis- 
trict of the Border, were under the immediate command of Colonel 
Clark. 

Rockville, thirteen miles south of Coldwater Grove ; commander and 
number of men not found. 

Trading Post, on the Marais des Cygnes, fifteen miles south of Rock- 
ville ; Captain B. F. Goss, Company F, Ninth Kansas. 

Barnesville, in north part of Bourbon Count.v; a garrison of one or 
two companies, but not shown in the returns. 

Patrols were to pass constantly from post to post, at hourly intervals. 
Important information was to be passed along by a line of couriers to 
headquarters at Kansas City. If a hostile force appeared it was to be 
pursued instantly, and if too large to be attacked by the pursuers, help 
was to be summoned from other posts. Couriers were to be sent to alarm 
the Kansas border towns, where the defense was mainly composed of 
militia quartered usually in their own homes and sometimes difficult to 
assemble. 



CHAPTER XLIII 
COLLAPSE OF THE MILITARY PRISON 

The most unfortunate event in the administration of General Ewing 
was the Lav^Tence Massacre. An incident which was responsible for 
many of the barbarities committed in the sacking of that defenseless 
town was the collapse at Kansas City of the military prison for women. 
It was made the excuse for many inhuman crimes later committed hf 
the guerrillas. 

In the midst of such conditions as existed in the District of the 
Border it was inevitable that women should become spies for the bush- 
whackers and commit other violations of military regulations. Women 
had been arrested before General Ewing 's arrival. On the 26th of June, 
1863, a number of prisoners were sent from Fort Leavenworth to Kansas 
City, among them ten women, two of whom were sisters of Jim Vaughan, 
the outlaw executed IMay 29th. These women were treated with great 
consideration, being quartered at the Union Hotel under guard. 

When Bill Anderson found it necessary to leave his home at Council 
Grove in the night on a stolen horse in the spring of 1S62 to escape 
punishment for various crimes, he sought the border and there engaged 
in indiscriminate robbery. He was arrested and disarmed by Quantrill 
for preying on Confederate sympathizers. After his release he was in 
a way subject to Quantrill until that outlaw was repudiated by his fol- 
lowers. Anderson removed his si.sters from Kansas and for a year they 
lived on the border, stopping finally with the Muuday family on the 
Missouri side of the line near Little Santa Fe. Both parents of this 
family were dead, one son was in Price's army, and three daughters were 
at home — Sue IMniida}-. Illarfha (or :Maff i ;:\runday, and Mrs. Lou Munday 
Gray, whose liiKliaii.l i.niliaMy was a luisliwhacker. The Munday girls 
and the three Aii(Ieis(]ii sistei's were arrested as spies. On the same day 
others were arrested, among them a Miss Hall, MoUie Grandstaff, Charity 
Kerr, Mrs. Nannie Harris McCorkle, Mrs. Sue Vandiver and Mrs. 
Arminna Selvey, the two latter being daughters of AVilliam Crawford, 
who, by marriage, was the uncle of Cole Younger. There were other 
arrests, but it is not known how many women were imprisoned wheil 
the building in which they were quartered collapsed. Among them, 
however, was Miss Alice Van Ness, whose daughter. Pay Templeton, 
achieved fame as an actress. 

The Union Hotel could not aeeomniodate .such a number of prisoners, 
and to those already quartered there were now added the newcomers. 
736 



KANSAS AND KANSANS 737 

G. M. Walker, of Company C, Eleventh Kansas, was Sergeant of the 
Guard when the prisoners were brought in. He took them to the prison 
for men, but they refused to enter this building even when shown that 
their apartments were entirely separated from those of the men. Then 
a frame building on the west side of Main Street, between Ninth and 
Tenth Streets, one .story in front and two stories in the rear, and with a 
porch, was prepared for them. In was with difficulty that they were 
made to enter this building, the Anderson girls being the leaders in 
abuse of the Union, its soldiers, generally, and those at Kansas City in 
particular. There was a thi'ee-story brick building on the east side of 
Grand Avenue, in McGee's Addition, between Fourteenth and Fifteenth 
Streets, on each side of which were two-story buildings, in the second 
story of which men formerly had been imprisoned. It was No. 1409 
Grand Avenue. That part of the city was at the time little settled, there 
being no buildings in the block opposite on the west side of the avenue, 
which was then the main thoroughfare to Westport. This building had 
a frontage of about twenty-five feet. The stairway to the second floor, 
from the front, and all access to the third story had been permanently 
closed. An old Jew had a store of cheap goods on the first floor — a 
medley of merchandise, including flashy jewelry, clothing, groceries and 
liquors. The second floor was reached only by an outside stairway in 
the rear of the building. ^ To this building these women prisoners were 
removed. 

The second floor of tlie Iniilding was the prison. There were threi^ 
rooms, in one of which was segregated one, possibly two, women of 
known bad character, the other prisoners refusing to speak to them, 
though they were Quantrill's trusted spies. The women separated into 
groups, which, if not hostile, were indifferent, and between which there 
was little communication. The first guard was a detail from the Twelfth 
Kansas and was strict with the women. Major Plumb had the guard 
changed. Those who would pledge their word that they would not try 
to escape were permitted to visit stores accompanied by a guard under 
orders to remain back far enough so that the prisoners could converse 
without being overheard. The Captain of the Guard was Frank Parker, 
Company C, Eleventh Kansas.^ 

There were friendships between members of the guard and ofiScers 
at headquarters and some of the women, and it is even asserted that a 
soldier of Company I, Eleventh Kansas, married one of the prisoners. 
Parker sent to Little Santa Fe for the bedding of the Munday home to 
be used by the Munday and Anderson girls. Cards and musical instru- 
ments were provided, and sometimes officers from headquarters visited 

* There is a conflict in the statements of those who remember the build- 
ing. Some say it was but two stories in height, and Mrs. Sue Womack, 
one of the women imprisoned there, says the entrance from the front 
had not been closed. With one exception it is agreed that it was on 
the east side of the street and fronted west. 

2 On September 19, 1910, he made a statement to the author on this 
subject. 



738 KANSAS AND KAXSANS 

the prison in the evening and were entertained with nuisic. It is estab- 
lished beyond question that these women were treated with respect and 
kindness. 

On the day of the collapse of this building Lieutenant John M. Singer, 
Company H, Ninth Kansas, was Captain of the Provost Guard. Early 
in the day the Captain of the Guard at the building sent a request to 
Singer to examine it, saying that he feared it was no longer safe. Singer 
found the walls cracked and mortar-dust on the ground. He reported 
to General Ewing, who sent his Adjutant to examine the building. The 
Adjutant believed the building safe, but the Captain of the Guard was 
uneasy. When the prisoners had been given their dinner he requested 
Thomas Barber, a member of his company, to examine the prison. Bar- 
ber's recollection is that there were prisoners on both the second and third 
floors, and that he and Parker went to the third floor. He saw the 
walls slowly separating from the ceiling, and advi.sed Parker to get the 
women out of the building with all haste. Parker shouted: "Get out 
of here! This building is going to fall.'"' Barber, .some of the women, 
and one or two guards ran down the stairs, and as they reached the 
ground the building collapsed, falling inward. 

A great cloud of dust aro.se from the wreck, and for an instant noth- 
ing could be done. Soon some of the uninjured crawled from the ruins. 
A courier was at once sent to headquarters, and Major Plumb hurried 
to the prison. A crowd of five thousand people assembled. The women 
were in a .state of excitement, and were abusing the Government and the 
Union troops, asserting that the building had been undermined with 
intent to kill them. The crowd was in .sympathy with them and jeered 
the guard. Major Plumb ordered up other troops and threw a cordon 
about the premises. He ordered the troops to fix bayonets and force a 
number of citizens to help rescue the wounded and bring out the dead. 
The uninjured were sent to the Union Hotel, whei'e they were guarded 
until another house could be made ready for them. The wounded were 
taken to the military hospital, where a ward was given them. The names 
of four of the dead are now remembered : Charity Kerr, ]Mrs. Vandiver. 
Mrs. Selvey and Josephine Anderson. =^ 

The charge that the Federal soldiers undermined this prison was 
absurd. There never was a particle of evidence to support it. When 
asked why she believed the building had been undermined Jlrs. Womack 
(Sue Munday) said. "1 Iciiow it wa.v. bcrause I saw the soldiers going 
into the Jew's store as thick as bees all day." 

This was the only circumstance she could mention to support her 
declaration. There is perhaps no doubt about the soldiers having gone 
into the store, liut the fact that the proprietor was permitted to sell 

ack says .Airs. Vandiver and .Mrs. Selvey 
i cousin of (^ole Younger. In his Quo)i- 
author. following Cole Yoiniger's auto- 
TTarris among those killed. Her sister, 
Kansas ('it v. Kansas, savs that Nannie 



3 The statenieni 


t of Mrs. 


Won 


were killed. Chai' 


itv Ken 


■ waf^ 


trill and flip lion: 


III- War 


<-. the 


biography, includ 
Mrs. Eli/a l)<al. 


ed Xani 
11, ,u livii 


nie T 


Harris was not in. 


.iureii. 





KANSAS AND KANSANS 739 

liquors iniglit account for tlieir visits. And tlie Jew was caught in the 
collapse and injured. If he had known of any intention to wreck the 
building he would not have l)eeu there, and no mining could have been 
carried on in his room without his knowledge. On what date the building 
fell has not been established, but it wa.s about two weeks before tlie Law- 
rence Massacre, and was made one of tlie excuses foi' that horrible 
affair. 

The charge that this prison was undermined was taken up by the 
guerrillas all along the border. Revenge was the ci-y. Retaliation was 
demanded. Quantrill, planning, threatening, cajoling, persuading, never 
could liave induced the guerrilla.s to undertake the raid on Lawrence 
but for the collapse of this building. It came at an opportune time in 
his career and lie made the most of it. 



CHAPTER XLIV 
THE LAWRENCE MASSACRE 

The flood in the tide of the Confederacy came in July, 1863, and the 
recession which followed in the same month indicated that the secession 
movement would end in failure. When Vicksburg fell and Lee was de- 
feated at Gettysburg the Southern cause was lost. And along the border 
the guerrillas reached their greatest strength in the summer of 1863. 
In the waning of the Confederacy much of its Western force abandoned 
the field and returned home. Great accession to the guerrilla ranks 
resulted. In July Quantrill saw that bj^ combining the forces of the 
border captains enough men could be assembled for a fnaster-stroke. 
They were called together and a plan pi-oposed, but nothing was done 
beyond calling another meeting. In the meantime the military prison 
for women had collapsed. In August when the guerrilla chiefs gathered 
at the rendezvous, Quantrill, by the skillful use of that unfortunate 
occurrence, succeeded in enlisting them in his design to destroy Law- 
rence. 

Lawrence had been the chief locality of resistance to the plan of the 
South to make Kansas a slave State. Kansas had won her freedom, 
which had, in effect, destroyed slavery. This was the prime cause for the 
hatred of Kansas, and made it the refuge for many of the loyal citizens 
exiled by Mi-ssouri. Lawrence had been the principal point of attack in 
the old wars waged by the ^Missourians, many of whom were in the bush- 
whacker bands in 1863. The former bitterness remained, and it could 
be more easily fanned to a flame than could the general animosity against 
the State or against any other town. 

In his designs against Lawrence Quantrill was but playing a part. 
His implacability was a personal matter. In 1860 lie had lived at Law- 
rence under the assumed name of "Charley Hart," where he led a 
double life and was guilty of man.y crimes. He was both Border- 
Ruffian and abolitionist. Pi-etending to be engaged in securing passen- 
gers for the Underground Railroad, he was a kidnapper of free negroes 
whom he sold into bondage in Missouri. Entrusted with the care of 
escaped slaves, he returned them to their masters for rewards. Being 
high in tlie councils of a band of thieves, he invaded Missouri for the 
purpose of robbery. Taking advantage of conditions, he despoiled Pro- 
Slavery residents in Kansas of their horses and cattle. Such a course 
can run only for a limited time, and in due season Quantrill found him- 
self under indictment at Lawrence for robliery and arson. It became 
740 



KANSAS AND KANSANS 



741 



necessary for him to seek other fields, in doing which he conceived and 
executed a plot to betray and murder some of his associates. Under 
pretext of obtaining thirty slaves to be sent over the Underground Rail- 
road from Kansas to Canada, he induced some young anti-slavery en- 
thusiasts of Atchison County to accompany him in a foray against 
Morgan Walker, a planter and slaveholder in Jackson County, Mo. 
There he betrayed his companions to death, at least one of whom he 
murdered with his own hands. He remained with the Missourians and 
rose to be chief of the border-guerrillas. In this capacity he had : 





\V. C. QUANTRILL 

[From I'lioto^raph Owned by William E. Connelley] 



Aubry and Shawnee and had plundered Olatlie and other Kansas 
towns.' 

That the border might feci some sense of security and the Federal 
troops relax somewliat tlic severity of their patrol of the State-line, 
Quantrill contented himself by spreading disquieting rumors and doing 
little in that region for some weeks. The last invasion of the country in 
Kansas adjacent to that througli which lie proposed to pass was made by 



' For an extended account of the life and opei 
Quanirill and tin Hunhr Wars, by tliis author. 



ons of Qnantrill, see 



742 KANSAS AM) KAXSANS 

Bill Auclerson on the 31st of July. On the high land south of Argen- 
tine, Wyandotte County, at a cross-roads known as "the Junction," 
lived one Saviers, whose son, Al. Saviers, was a notorious Red Leg and 
Jayhawker.2 Anderson attacked the Saviers house, but was beaten 
off by the old gentleman and his daughters. The guerrillas then went 
west a quarter of a mile to house of Wright Bookout and killed him. Two 
miles northwest of the Junction they murdered Stephen J. Payne and 
plundered his premises. They went then to the house of Stephen Per- 
kins, a prominent and loyal man, to kill him, but he escaped. After 
burning the Perkins house the guerrillas burned two other dwellings, 
both on the lauds of Shawnee Indians; after which they went up the 
Kansas River to the house where Anderson's sisters had lived and where 
he had previously been hiding. Taking the family at this house with 
them, the bushwhackers escaped to Missouri before pursuit could be 
made.3 

This was a daring raid. The murders were committed within four 
miles of General E wing's headquarters and inside his lines. 

The general rendezvous of the guerrillas was on the Blackwater, 
Johnson County, Missouri, at the farm of Captain Pardee. On the 
night of the 18th of August, every captain arrived there with his 
command. On the 19th the march on Lawrence began. Great caution 
was observed. Extensive scouting was done to detect the presence of 
any Federal force. After riding ten miles toward Kansas, camp was 
made early in the afternoon. Here Quantrill addressed his men and told 
them where they were going. Before it was dark the guerrillas were 
again moving. South of the Little Blue they came upon Colonel John 
D. Holt, who had one hundred and four men, and he joined the expedi- 
tion. At seven o'clock on the morning of the 20th the guerrilla column 
was on the head of the Grand River, four miles from the Kansas line. 
There the last addition to the guerrilla force was made, a company of 
fifty men joining it from points to the south. The guerrillas numbered 
four hundred and forty-eight men, as follows: 

The original force 29-1 

Holt's command 101 

The last reinforcement 50 

Total 448 



- The "Red Legs" were Federal scouts on the border during the Civil 
AVar. The name came from the red leggins which they wore. As a 
scoiirge of the border they were little inferior to Quantrill 's guerrillas. 

The term "Jayhawker" was applied along the border at the begin- 
ning of the war to irregular troops and pillaging bands on both sides. 
It was accepted by some of the Kansas soldiers, and soon came to be the 
name by which all of them were known. It now includes all Kansas 
people. The origin of the name is unknown, that given by Wilder and 
Ingalls being erroneous. The name was in use in Texa.s and tlie West 
many ycai-s before Kansas was a Territory. 

* ]\Iajor Plumb sent his brother, George Plumb, in ])ursuit of Anderson 
on the morning of August 1st. The guerrillas could not be overtakpu. 
Thomas J. Payne, .son of Stephen J. Payne, lives yet at Argentine and 
has furnished an account of this raid into Wj'andotte County. 



KANSAS AND KANSANS 743 

At three o'clock in the afternoon of the 20th Quantrill moved toward 
the State-line from a dense wood in which he had been concealed. He 
crossed the line at the southeast corner of Johnson County, near Aubry, 
one of Ewing's posts commanded by Captain J. A. Pike, with about one 
hundred men. Here began that strange list of untoward circumstances 
which so much aided the guerrillas in their daring raid. General Ewing, 
in his oiBcial report, said : 

Unhappily, however, instead of setting out at once in pursuit, he 
remained at the station, and merely sent information of Quantrill 's 
movement to my headquarters, and to Captain Coleman, commanding 
two companies at Little Santa Fe, 12 miles north of the line. Captain 
Coleman, with ntar 100 men, marched at once to Aubry, and the available 
force of the two stations, numbering about 200 men, set out at midnight 
in pursuit. But Quantrill 's path was over the open prairie, and difficult 
to follow at night, so that our forces gained but little on him. By 
Captain Pike's error of judgment in failing to follow promptly and 
closely, the surest means of arresting the terrible blow was thrown away, 
for Quantrill would never have gone as far as Lawrence, or attacked 
it, with 100 men close on his rear. 



Aubry, the guerrillas dismounted and allowed their horses 
to graze an hour. Resuming their march at dusk they passed through 
Spring Hill and turned northwest toward Gardner, which they reached 
at eleven o'clock. Three miles west they left the Santa Fe Trail and 
marched north several miles. It was necessary to have guides, for which 
service the farmers were impressed, and when they no longer knew the 
roads they were shot, ten guides having been killed in one stretch of 
eight miles. A mile west of the Quaker settlement of Hesper the guer- 
rillas found at home an old man named Stone. He was recognized by 
George Todd, who brained him with an antiquated musket. Here they 
found a young German whom they mounted behind one of their number 
and forced to guide them into Lawrence. The Wakarusa was forded at 
the Blue-Jacket Crossing, and the old Pro-Slavery town of Franklin was 
reached at dawn on the 21st of August. There they were marching in 
columns of four, many of them asleep strapped to their saddles, and were 
counted by a resident physician, who found them to number four hun- 
dred and fifty. In coming up to the summit of the ridge beyond Frank- 
lin, the guerrillas straggled, but once at the top the formation was per- 
fected, the column of fours resumed, and the descent upon Lawrence, 
now in plain view, arranged. 

Gregg was sent forward with five men to enter the doomed town and 
see if it was safe for the armj- to follow him in. But here some of the 
bushwhackers lost heart and said the venture was too gi'eat. They 
counseled retreat, or at least a drawing off until conditions were better 
known. Quantrill said he would enter the town if he had to go in alone, 
and when he advanced he was followed by the whole command. 

Lawrence was unprotected and helpless. Two camps of recruits 
were her only troops; these numbered less than thirty and were unarmed. 
The arms provided for tlie defense of the town liad been taken from tlie 



744 KANSAS AND KANSANS 

citizens and locked up. Quantrill had been expected often, but had 
failed to come, and it had become the settled conviction that he would 
never appear at the gates of Lawi-ence. But there he was. Gregg found 
the camp of white recruits as Quantrill came up with him, and it was 
instantly ridden down and most of the recruits killed. The colored 
recruits fled at sight of the guerrillas and nearly all escaped. The citi- 
zens were aroused by horsemen galloping madly through the streets, and 
the rising roar of firearms. The Eldridge House was surrendered on 
promise of protection for the guests, and this promise was kept. Men 
appeared in the streets only to be shot down. The torch was applied to 
dwelling and store. Terror seized the men when the situation was 




KuiNS OF Lawrence, 1863 

(Photograph of a "Wood Engi'aving in Harper's Weekly, September, 

1863.— Donated by Sydney Prentice) 

[Copy by Willard of Picture in Library of Kansas State Historical 

Society] 

realized. They were shot as they ran to cover. Or if they were con- 
cealed by their wives their homes were burned over them while 
raving bushmen stood by to murder them if they should try to escape. 
Stores and liquor shops were looted and burning dwellings ransacked 
for plunder to carry back to Missouri. Women and children were 
stripped of jewelry, ornaments, and keepsakes by guerrillas, now drunk 
and reckless. Husbands were torn from the arms of shrieking wives 
and murdered. Wounded men were cast into seething flames to die by 
fire. There was no mercj'. While the loot of the town was being packed 
on horses to be carried into Missouri those appointed to the work of 
destruction rode headlong, firing with deadh' aim and yelling like fiends. 
When burning buildings fell in on trapped men the air was rent 
with shouts of exultation. Above the tumult rose triumphant cries for 
JefT Davis and the Southern Confederacy. When the town was 



KANSAS AND KANSANS 745 

destroyed, the loot secured, and not another man in sight to be mur- 
dered, Quantrill prepared to leave. Nearly two hundred citizens and 
non-combatants were dead in the ruins. The vengeance of the guerrilla 
chief was satisfied. As he was calling in his bloody band his guards came 
down from Mount Oread and reported pursuing columns approaching. 
Leaving a detail under Gregg to round up the drunken and unruly, Quan- 
trill hurried south. He left a city in ashes, innocent dead in every 
street, and hundreds of widows and orphans crying wildly through the 
gloom or standing hopelessly about their smoldering homes. And on 
the flag under which he fought he left a blood-stain which only the 
charity of the sufferers can ever efface. 



CHAPTER XLV 
THE PURSUIT OF QUANTRILL ' 

At eight o'clock on the night of the 20th of August, Captain Cole- 
man, at Little Santa Fe, received a dispatch from Captain Pike, say- 
ing that Quantrill, with seven hundred men, was camped on the head 
of the Grand River, eight miles to the east. Quantrill was, in fact, at 
that hour approaching Spring Hill, Kansas, twelve miles west of the 
State-line, and he had been in Kansas at least four hours; and on the 
prairie near Squiresville his men had dismounted and allowed their 
horses to graze an hour. A second dispatch from Pike reached Cole- 
man fifteen minutes later. It stated that Quantrill had passed into Kan- 
sas with eight hundred men. Captain Coleman at once sent couriers 
to Kansas City with that information. He also sent a messenger west 
to notify the towns of the presence of the guerrillas. He hurried with 
his men to Aubry and assumed command there. This gave him about 
one hundred and eighty men, and at midnight he took the trail of the 
guerrillas. 

The first courier of Captain Coleman arrived at Kansas City at 
eleven-thirty, and the .second courier came in an hour later. General 
Ewing was absent, having gone to Leavenworth. ]\Iajor Plumb, as 
Chief-of-Staff, was in command. As soon as possible after the arrival 
of the second dispatch he was on his way to Kansas with seventeen 
men — all the mounted men immediately available at Kansas City.^ 
At Westport he added thirty men to his command. The dispatch of 
Captain Coleman — that Quantrill had entered Kansas with eight hun- 
dred men — was the only information he had of the situation. At day- 
light on the morning of the 21st he arrived at Olathe. There he found 
the garrison in arms, the men having been roused by the long roll on 
tbe arrival of Captain Coleman's courier. "While he was making in- 



^ Ewing and Plumb were both sevei'el^' criticised at the time and for 
years afterwards. For that reason the pursuit of Quantrill is ti-eated 
at length. No one should be shielded. The writer made a personal 
examination of the country through which the pursuit was conducted, 
and souglit every .source of information on tlie subject that the facts 
might be written here. 

- For tbe exact time of the arrival of the dispatches at Kansas City 
see the ofYicial report of General Ewing, R( hellion Records, Series I, 
Vol. XXI L Part I. p. f)?!). In tlie saiup volmno. immediately follow- 
ing the report of (iciicral Ewins. will be found ;ill others relating to 
the Quantrill raid. 

746 



KANSAS AND KANSANS . 747 

(|uiries a great eoliunn of black smoke boiling like a thunder-head shot 
into the sky far to the westward. Observing it a moment, he turned to 
his men and said, "Quantrill is in Lawrence." Lieutenant Cyrus 
Leland, Jr., was at Olathe, and was given permission to join the pur- 
suit. Taking the few mounted men found at Olathe, Major Plumb 
rode across the country straight for Lawrence. He sent George Plumb 
with a few men to alarm the people living along the Kansas River, 
believing the guerrillas might try to return to Missouri that way.* 

At Blue-Jacket Cros.sing of the Wakarusa, some six miles south- 
east of Lawrence, with but thirty men remaining, his force having 
been reduced by details to scout and carry dispatclies to Kansas City, 
Plumb found Captain Coleman just ahead of him.* 

Clouds of dust and columns of smoke south of Lawrence indicated 
that Quantrill was retreating on the Fort Scott road and laying waste 
the country. Plumb took command of Coleman's force. He recrossed 
the Wakarusa and made all haste south to the Santa Fe Trail at Bald- 
win, which point he reached ahead of the guerrillas, his appearance 
saving it and Prairie City from the torch. The sky was without a 
cloud, the day calm and still, the country parched and dusty, and the 
heat excessive. The gallop of twelve miles from the "Wakarusa to the 
Santa Fe Trail completed the exhaustion of the horses, all of which 
had made more than sixty-five miles without rest.-'' Some horses had 
dropped dead in the road ascending the divide traversed by the old Trail. 

After burning most of the houses in and about Brooklyn, Quan- 
trill, driven by fear of Lane who was pressing his rear, started down 



* Samuel Boies, of Lawrence, was saved by Quantrill to drive the 
ambulance carrying the guerrillas wounded there. He escaped. He 
says, in Kansas City Journal, August 29, 1863 : 

"Quantrill avowed his intention to march to Osawatomie, laying 
everything waste as he went. At Rothrock's, or Ulrich's, where he 
stopped to water his horses. Lane first came up with the pursuit, and as 
Quantrill's men were off the road to the west, Quantrill first thought 
they would be able to head liiin off. In that case, he avowed his inten- 
tion of turning back and marching down the Kaw Valley to Missouri." 

■■ Thomas Barber, Company C. Eleventh Kansas, has said to the author 
that Plumb sent a number of dispatches to Ewing at Kansas City and 
that these were .sent to Leavenworth. Major Martin Anderson, Eleventh 
Kansas, went in pursuit of Quantrill on the 21st, and Barber was with 
him. They met a courier with a dispatch from Plumb, which urged 
Ewing to place troops along the State-line, and Plumb supposed that 
Ewing would be in Kansas City as soon as he could return from 
Leavenworth. 

Captain Coleman and Major Plumb both crossed the Wakarusa. Li 
a letter to his mother, written August 29. 186.3, Cyrus Leland, Jr., 
said, "Major Plumb came up with Captain Coleman just east of 
Franklin." 

"' In his official report General Ewing says : 

"By this time the horses of our detachments were almost exhausted. 
Nearly all were young hor.ses, just issued to the companies, and had 
marched more than sixty-five miles without rest and without food." 



748 KANSAS AND KAXSAXS 

the Santa Fe Trail towards Baldwin. From a high point in the road 
he saw Major Plumb's column marching up the Santa Fe Trail to meet 
him. Quantrill left the Trail and turned to the south to avoid Plumb, 
intending to regain the Trail at Baldwin; but after having gone a 
mile he decided that this could not be done. The guerrilla leader was 
disconcerted, and after a hurried conference with his guides and cap- 
tains, retraced his course to a point near Brooklyn, where he turned 
south on the Fort Scott road. From tlie point where he turned back 
he sent a scouting party to reach and destroy Baldwin and Prairie 
City if possible, and in any event to keep between Plumb's men and 
the guerrillas.*^ 

When the guerrillas were pushed off the Santa Fe Trail the citizens 
led by Lane in pursuit kept to the road untiL they met the Union 
troops. Whether Lane and Plumb met at this time is not clear.' 
The militia regiment of that region was rapidly assembling. Sandy 
Lowe, Colonel of the Twenty-first Kansas !\Iilitia, had summoned his 
men and joined the pursuing citizens.* After a brief conference 
Plumb divided his command, sending Captain Coleman to fall on the 
guerriUa rear, and intending himself to go with the militia south to 
a ford on Ottawa Creek to stand across the road. "When Plumb started 
from Kansas City, he sent an orderly to the quarters of Lieutenant Jolm 
H. Singer with an order to form his men and follow into Kansas. 
Singer made a rapid march on the trail of Plumb, coming up while 
the conference was in progress. Plumb inqmred how many horses Singer 
had that could still trot, and sixty were found. They were given to 
Captain Coleman who secured in his own command enough in addi- 



•^ Statement of Captain "William H. Gregg, who always speaks of the 
site of Brooklyn as Blaek-Jack Point. Whether this is the real Black- 
jack and the name was given later through ignorance to those groves 
some miles east where John Brown captured H. Clay Pate is not known. 

" Cyrus Leland, Jr.. is positive they did not meet here. Lieutenant 
John il. Singer is fully as positive that they did. He says that a little 
south of this point he heard I-ane urging Plumb to turn the ti'oops over 
to him — Lane — and that some high words passed when Plumb refused. 
It is certain that Lane demanded of Plumb the command of the troops. 
Lane was, for some cause, far behind his citizens when they charged 
through the lane following Captain Coleman, and his controversy with 
Plumb would account for the detention. 

* Lowe had been active in the border wars as a loyal man. Because 
of an indignity to which his wife had been subjected by the guerrillas 
he made the war a personal matter. It is said that he slew from time 
to time the twenty-eight guerrillas, mostly by assassination, who mis- 
treated his wife and child. Three of his companies were about Baldwin ; 
and that of Captain Jackson Bell, of Black-Jaek, William W. Junkin, 
of Baldwin, was in Captain Pingree's Companj'. He said to the author 
that Colonel Lowe did not succeed in getting many of his men together. 
The time was too short, Junkin captured a guerrilla and took him to 
Lowe, who immedialely shot him dead, saying as he did .so: "That 
makes forty of them I have killed. I had killed thirty-nine before this 
one." His act and the reflection he expressed thereon seemed to give 
him immense satisfaction. 



KANSAS AND KANSANS 749 

tion to make two hundred men. With these he charged through the 
lane running north of William C. Black's house to the Fort Scott road, 
and was followed by the citizens who had come with Lane, and others 
under Leland. This left Plumb with about one hundred soldiers on 
horses which could not be forced into a trot because of exhaustion. 
With these and Colonel Lowe's mUitia he started south to form the 
ambush at the crossing of Ottawa Creek. At PraiHe City he heard 
the tiring and uproar of C'aptain Cohnnan's charge on the guerrillas, 
and finding that it would be impossible for him to keep up with the 
militia on the way to the ford, he turned west and went to Captain 
Coleman's aid. He arrived at the Fletcher farm as Captain Coleman 
was driven back through the eomfield, and checked the guerrillas, who 
did not cross the north fence. 

Passing to the south of the field, Quantrill gave Captain Gregg, a 
rear-guard of sixty men and ordered him to remain facing the field 
until the guerrilla force had crossed Ottawa Creek, after which he 
followed them. The ford was not more than half a mUe from the corn- 
field, and was not the ford on the main road, which was some five miles 
away.'' It was necessary for ilajor Plumb to reform his troops for 
the pursuit, putting those in front who had horses that were still able 
to trot, and these were mostly the militia and citizens under Lieuten- 
ant Leland. They charged the guerrilla rear-guard many times that 
afternoon, but when the cavalry would appear Captain Gregg would 
retreat through a second line which he kept always back of him, then 
form across the road near the retreating column. The Federal sol- 
diers were from a mile to three miles in the rear all the time. Major 
Plumb's horse failed from heat and exhaustion in the afternoon, and 
George Plumb took one for him from a farmer. After he got this 
fresh horse ilajor Plumb rode much with Leland.^" " Quantrill 
rode forward and asked the guide where he was taking them to."' says 
Boies. "The guide replied that the town before them was Morristown, 
Missouri. Quantrill looked a moment and then cursed the guide, tell- 
ing him that the town was Paola; that a heavy force was there, and 



» The heavy traffic between Fort Leavenworth and Fort Scott to 
supply the army of General Blunt went over this Fort Scott road. The 
teamsters drove over the best ground they could find. South of the 
Fletcher farm there were numerous branches of this road — all crossing 
Ottawa Creek at different points. The author went twice in the fall of 
1910 to find the ford at which Quantrill crossed. He found five fords at 
which it is claimed Quantrill crossed. All of these fords were in use in 
the summer of 1863. and it was impossible for the militia to know where 
Quantrill would cross or which ford to ambush. If they were at any ford 
it was at one Quantrill did not use. for there is no account of any oppo- 
sition at a ford. Captain Gregg saw Quantrill enter the timber at the 
ford before he started to follow him, and says that Quantrill would not 
have ordered liim to face the Federal troops with only sixty men until he 
was five miles away. George Plumb says the guerrillas crossed Ottawa 
Creek near the field on the Fletcher farm. 

'" See Leland 's official report, Rrbellion Rec&rds. Series I, Vol. XXII. 
Part I, p. 592. General Lane was also at the front most of the time. 



750 KANSAS AND KANSANS 

they would be cut to pieces if they proceeded." This occurred ou top 
of the "Big Hill," a mile and a quarter west of Bull Creek, which runs 
on the west side of Paola. While the guerrillas were halted there, the 
militia came up and charged them. Quantrill turned his whole com- 
mand, rode back, met the charge and fought the militia, which held 
the guerrilla force ten minutes, hoping the cavalry would be able to 
come up, but had' finally to fall back. After a brief council with his 
oiBcers, at the top of the hill, Quantrill left the road, going up Bull 
Creek and away from PaolR. It was dark before Major Plumb again 
reached the top of the hill. There was not a guerrilla in sight, and 
supposing that Quantrill had gone into Paola, he marched in that 
direction. 

In the afternoon Ben Ellis had arrived at Paola and alarmed the 
citizens. Captain B. F. Simpson was at home, and he set about the 
defense of the town. There were but twelve soldiers there. About 
four o'clock Captain Nicholas Beuter, Company C, Twelfth Kansas, 
arrived with his company. Simpson got as many citizens as he could, 
and by dark he had aboiit three hundred men and soldiers binder arms. 
Scouts reported the guerrillas approaching, and Simpson decided to 
ambush them at the ford of Bull Creek. There was no water in the 
ford, but for a hundred yards immediately above it there was a stretch 
of deep water lying parallel with the road, shallow next to the road 
and deep on the east side against a high, steep bank, ou the top of 
which grew a thicket of willows. Simpson believed that after the 
day's march over the waterless prairie the horses of the guerillas would 
became unmanageable when they came to this pool and crowd in to 
drink. He formed his men in the willows along the top of the steep 
bank, intending to fire when the horses had rushed into the water. 
Shortly after the ambush was formed two hundred more soldiers 
arrived, and these were posted in ambush also, but nearer the foi'd. 
Simpson sent six men to scout along the road towards the Big Hill. 
They returned a little ahead of Major Plumb's command, which was 
advancing along this road towards Paola — very little ahead of it. They 
reported that there had been a battle on the Big Hill, and that the 
guerrillas were following and would be on them in a minute — suppos- 
ing Major Plumb's men to be the guerrillas. Simpson made his final 
arrangements to deliver an effective fire and follow it with a vigorous 
attack on both flanks of the guerrilla column. Major Plumb's men 
reached the creek, and their horses did exactly what Simpson had 
expected those of the guerrilla.s to do— rushed into the water and tlirew 
the whole line into confusion. In trying to prevent this Major Plumb 
gave orders in a loud voice. Simpson recognized Plumb's voice as he 
was giving the order to fire, and called out — "Is that you, Plumb?" 
"Yes," said Plumb, as he recognized Simpson's voice. Thus by the 
merest chance were the Union troops saved from the ambush designed 
for the guerrillas. 

Plumb wa.s told that the outrrillas had not appeared at the ford. 
The Union forces then went into Paola, finding there Lieutenant- 



KANSAS AND KANSANS 751 

Colonel C. S. Clark, the ranking officer, and also in command of all 
the forces south of Little Santa Fe. Plumb's authority ceased. When 
Clark took the direction of affairs all vigor was lost. Scouts located 
Quantrill's camp five miles north of Paola, and the troops wished to 
attack him there but Clark would not pennit it to be done, though he 
had at least four hundred men who were comparatively fresh. 

It was daylight the morning of the 22d when he left Paola, and 
he was fifteen miles behind the guerrillas. He came in -sight of them 
four or five miles east of the State line, but they retreated, leaving 
their wounded. General Ewing said, "There has been no failure to 
exert every possible effort to catch Quantrill. except at Paohi, Friday 
night, when a great occasion was lost." " 

At ten-forty-five A. M., on the 21st, General Ewing received dis- 
patches from Major Plumb. At Port Leavenworth there were five 
companies of an Ohio regiment outfitting for Port Laramie. These 
were armed at once. At one P. M. General Ewing started from the 
fort. He crossed the Kansas River at De Soto, being delayed five hours 
in getting liis men over. He, too, complains of the awful heat of that 
day, saying that: "Four men of the Eleventh Ohio were sun-stricken, 
among them Lieutenant Dick, who accompanied me, and who fell dead 
on dismounting to rest." At Lanesfield, Johnson County, General 
Ewing spent the night of the 21st. On the morning of the 22d he 
heard that Quantrill had passed east. Then he left his command and 
followed the pursuing troops into Missouri, coming up with them five 
or six miles east of the State-line, after which the pursuit was directed 
by him. He and General Lane had a number of .stormy interviews, 
and there is no doubt that the forthcoming Order 11 was discussed by 
them. 12 



" Rebellion h'rcnrds. Series 1, "\'ol. XXII, p. 447. 

'- Order Xo. 11 is the most famous order issued on the border during 
the Civil War. There are conflicting accounts of how and where it was 
written. There is evidence that in the field on the morning of August 
22d Senator Lane exacted from General Ewing a promise that the order 
should be issued. Senator Stephen B. Elkins told the author that the 
order was written at the house of Solomon Honek, at Westport, Mo., and 
that he and Senator Plumb were present when it was written. Mrs. 
Nannie Harris McCorkle. n prisoner in the military prison for women at 
Kansas City, told her sister, Mrs. Eliza Deal, that ^lajor Plumb wrote 
the order — that he was directed by General Ewing to write it and did so. 

Following is a copy of "General Order No. 11": 

"Kansas City, Mo., August 23, 1863. 

"All persons living in Jackson, Cass and Bates Counties, Missouri, 
and that pai't of Vernon County included in this district, except those 
living within one mile of the limits of Independence, Hickman's Mills, 
Pleasant Hill and Ilarrisonville, and except those in Kaw Township, 
Jackson County, nortli of this creek and west of the Big Blue, embracing 
Kansas City and Westport, are hereby ordered to remove from their 
placrs of residence within fifteen days from the date hereof. 

"Those who within that time prove their loyalty to the satisfaction 
of the coiniiiaiKliiig c.nirrv of (hr niiiitarv station liearest their iiresent 



752 KANSAS AND KANSANS 

places of residence, will I'eeeive from liim certificates stating the fact of 
their loyalty, and the names of the witnesses by w'hom it can be sworn. 
All who receive such certificates will be permitted to remove to any mili- 
tary station in this district, or to any part of Kansas except the counties 
on the eastern border of the State. All others shall remove out of this 
district. Officers commanding companies and detachments serving in 
companies will see that this paragraph is promptly obeyed. 

"All hay or grain in the field or under shelter, in the district from 
which the inhabitants are required to remove, within reach of the military 
stations after the 9th of September next, will be taken to such stations 
and turned over to the proper oiScers there, and a report of the amount so 
turned over made to the district headquarters, specifying the names of 
all loyal owners and the amount of such produce taken from them. AH 
grain and hay found in such districts after the 9th of September next, 
not convenient to such stations, will be destroyed." 



CHAPTER XLVI 
THE PRICE RAID 

The Price raid started from Southern Arkansas. In General Kirby 
Smith's letter of directions to General Price, St. Louis was made the 
objective point, the enlistment of recruits the chief end, and the devas- 
tation of Kansas a special injunction. ^ 

The expedition entered Missouri from Pocahontas, Arkansas, and 
was met at Pilot Knob, Missouri, by General Thomas Ewing, Jr., of 
Kansas, and with an inferior force there detained until the attack on 
St. Louis became impracticable. At Franklin, Missouri, the raid turned 
in the direction of Kansas. 

Major-General Samuel R. Curtis was in command of the Depart- 
ment of Kansas, with headquarters at Fort Leavenworth. In Septem- 
ber, 1864, the frontier was threatened by Indians. In order to sub- 
due them General Curtis had taken to the Plains every soldier the 
border could spare, and, leaving General Blunt to continue the cam- 
paign there, he returned. He reached his headquarters on the 17th 
of September, when he first learned of the approach of General Price. 
He saw the danger to Kansas. Oeneral Blunt was called in, and Gov- 
ernor Carney was induced to order out the Kansas militia. The cam- 
paigns for State and national elections were in active progress, and, 
seeing that the call for the militia was likely to produce little help 
because of that fact, General Curtis, on the 10th of October, placed 
Kansas under martial law; and on the same day he appointed as a 
member of his staflC General James H. Lane, then United States Sen- 



1 See Rebellion Records, Series I, Vol. XLI, Part I, pp. 728-9. None 
of these things was attained. The need of more men west of the Missis- 
sippi was made most emphatic, but before he had reached Jefferson City 
General Price had decided not to issue a proclamation calling for more 
recruits. — Id., p. 633. 

General Blunt believed the invasion of Kansas to be the real purpose 
of the raid. See Id., pp. 580-1. While General Price was enjoined in 
explicit terms from pillage, this seems to have been the main achievement 
of the expedition. No other such train of plunder was ever gathered in 
Missouri as General Price collected and did his utmost to preserve and 
carry out with him. It was taken from friend and foe alike. This is 
said on the authoritv of Shelby and His Men. by Major John N. Edwards, 
General Shelby's Chief-of-Sta'ff and historian of the Shelby brigade. In 
that work appears a long arraignment of General Price by Thomas C. 
Revnolds, then Confederate Governor of Missouri. 

"■■"-" 753 



754 KANSAS AND KANSANS 

ator. On the 11th General Blunt arrived at Olathe and assumed com- 
mand of the army, designated the Army of the Border. He found 
Kansas militia assembled to the number of twelve thousand (after- 
ward increased to sixteen thousand) patriotic men anxious to battle 
to save the State from invasion. But political intrigue neutralized the 
support the militia stood ready to render and even made its presence 
a menace. Governor Carney owed his election to General Lane, but 
had fallen under the influence of Lane's political enemies, who were 




Gex. Sterling Price 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 

bitterly opposed to the re-election of President Lincoln. They exerted 
themselves to the utmost to embarrass and render futile every move- 
ment of the Union forces. In this crisis they came forward and 
denounced the demand for militia as a scheme originated by General 
Lane to take the citizens of Kansas out of the State and keep them 
beyond its borders until after the election. They pretended to believe 
these citizens were opposed to President Lincoln, that Lane knew it, 
and their absence in the field would enable him to carry the State for' 
the President. Governor Carney controlled a newspaper, as did 



KANSAS AND KANSANS 755 

ex-Governor Robinson, and these papers ridiculed the possibility of the 
presence of General Price in JMissouri.^ 

When it could no longer be denied that General Price was moving 
toward the Kansas border General Carney and his adherents insisted 
that the mUitia should not cross the State-line into Missouri, and that 
it should not be subject to the orders of General Curtis, but should 
remain in Kansas and take orders only from Governor Carney and his 
oiScers.-'' 

The appointment of General Blunt to the command of the Army of 
the Border was an incident favorable to Colonel Moonlight. He had 
been Blunt 's chief-of-staff in 1862 and had great influence with him. 
On the 12th of October Moonlight sent Plumb the following dispatch: 

Paola, Kai^s., October 12, 1864. 
Colonel Plutnb: 

Concentrate your entire command (cavalry) on Blue, a little north of 
Aubry. I will be there to-night. Strike all the tents and send them with 
camp equipage to Olathe, leaving one wagon with each company, with 
rations, such cooking utensils as are necessary, and all the ammunition on 

2 On the 20th of October, after the battle of Lexington, an editorial 
appeared in the Leavenworth Conservative, a loyal daily paper, which 
said: 

"The Times appears to have discovered the astounding fact that 
Price and his forces are south of the Arkansas River, and that Jim Lane 
is perpetrating a great humbug upon the volunteers of Kansas. . . , 
The effort upon the part of the Copperheads of Leavenworth and upon 
the Governor's staff, to induce him to order the militia home, even with- 
out consultation with General Curtis, is one of the boldest steps that has 
yet been put forth by the opposers of the administration. . . . The 
howl of petty politicians that the General of a Department is intriguing 
with Lane for political purposes is absurd." 

3 See Rebellion Records, Series I, Vol. XLI, part I, official report of 
General Curtis ; also pp. 572-3. General Blunt, on the 16th of October, 
arrested Brigadier-General Fishbaek and Colonel Snoddy, of the militia. 
In his official report General Blunt says he did not inflict on them the 
death penalty because he knew "that they were the instruments selected 
by the Executive of Kansas, and others, their superiors in the military 
organization, to carry out their mischievous and disgraceful designs." 
General Curtis, in an effort to avoid the appearance of harshness, restored 
Fishbaek to his command. Snoddy 's regiment elected James Montgomery 
Colonel and did good service. 

Governor Samuel J. Crawford, then a volunteer on the staff of Gen- 
eral Curtis, in his Kansas in the Sixties, published in 1911, has much to 
say on this subject. Governor Crawford participated in the councils of 
the officers and in the operations in the field, and speaks from personal 
knowledge. Pie says : 

"If, at the proper time, General Curtis had arrested a half dozen 
politicians in the militia-camp and sent them to Fort Leavenworth in 
irons, and at the same time shot one or two militia brigadiers from the 
cannon's mouth, he could have had an invincible army of 15,000 men — 
infantrj', cavalry and artillery — in line confronting Price when he crossed 
the Blue on the 22d. But instead most of them were away at a distance 
where they could be of no assistance. ... I say that such mutineers 
should have been put in irons and shot before breakfast." 



756 KANSAS AND KANSAXS 

hand and blankets. Concentrate rapidly. General Blunt desires that you 
remain at Olathe in command, with your staff, etc., until we are ready 
for the fight. I will send for you. You shall have your share, certain. 

T. Moonlight, Colonel.' 

Plumb, then Lieutenant-Colonel, did not escape the fate of the 
officer popular with his men, and jealousy of him was sometimes shown. 
He believed he saw in this dispatch an intention to ignore him as far 
as possible in the coming campaign. He sent (ieneral Blunt tlie fol- 
lowing : 

Ol.ithe, October 12, 1864. 
Major-General Blunt: 

My command is all concentrated on the Blue near the line. Fortifica- 
tions here all completed; guns mounted and manned; muskets and 
ammunition all issued. There seems to be nothing further for. me to do 
here. I would respectfully ask permission to join my command this 
evening or early in the morning. About 600 Douglas County militia in 
and many more coming. 

P. B. Plumb, Lieutenant-Colonel.-' 

Blunt referred the matter to General Curtis; and Plumb was per- 
mitted to join his regiment, at the front, and was frequently in command 
of it during the campaigiL 

The brigades of the Army of the Border were formed at Hickman's 
Mills on the 15th of October. The Second Brigade was composed of the 
Eleventh Kansas, two companies of the Fifth Kansas, two companies of 
the Sixteenth Kansas, and four mountain howitzers. Colonel J\Ioonlight 
was put in command of the brigade, and on the 16th marched to meet 
General Price and develop his position. Lexington was occupied on 
the 18th. All the forces of Price were rapidly concentrating in that 
region. As the Union officers were sitting down to dinner on the 10th 
Captain L. F. Green, Company B, Eleventh Kansas, entered and reported 
that he had just been driven in, and that Price's army was at hand. 
General Blunt instantly ordered every officer to horse. It vas not 
expected that the Confederate advance could long be checked at Lexing- 
ton. Colonel Moonlight was given command of the rear. At midnight, 
after twelve hours of constant battle, the last stand was made at the 
crossing of the Sni, cast of Wellington." At nine o'clock on the 



•« See h'ehcUion L'ccord.^. Series 1, Vol. XLI, Part III. p. 824. 

5 Id., p. 824. 

^ Of the actions of Plumb in the retreat from Lexington, Captain B. F. 
Simpson gives the best account yet found : 

"The rear-guard, under Moonlight, formed in the timber on the 
hill immediately west of Lexington. The Confederates were now in 
range, and fire was opened on them. Many saddles were emptied ; but it 
was not the intention of Moonlight to try to hold the hill. He did not 
retreat until the enemy was almost on him, when he took his command 
down the nortli slope of tlic hill in good order. Plumb and I were among 
the last to leave the field. The road do\ni the hill was worn or cut down 
into a limestone ledge, and was sunk three or four feet into the ledge in 
some i)]aces, and there were perpendicular banks or walls on the sides. 



KANSAS AND KANSANS 757 

20th General Blunt 's forces took position on the west bank of the Little 
Blue River, eight miles northeast of Independence. 

General Blunt wished to fight a decisive battle at the Little Blue, 
General Pleasanton was pressing Price's rear, and if Blunt could have 
had his way, the Confederate army might have been destroyed at the 
Little Blue. The plans of General Blunt could not be met, for Governor 
Carney and his politicians still insisted that General Price was not in 
Mi-ssouri at all, and that all the militaiy movements of Genei-al Curtis 
were the result of Lane's scheming for political advantage. In fact, 
Governor Carney prepared a proclamation disbanding the militia tlie 
very day General Blunt formed his line along the Little Blue.' 



About half-way down there was a square turn to the west, where the 
walls on either side were about six feet high — solid rock. As Plumb and 
I reached this turn a caisson came upon us and tried to make the turn 
and pass us. It cramped and almost turned over, pressing us against the 
wall at the outer corner, and we were unable to extricate oui-selves. We 
were pinned and pressed against the wall. 

"The Confederates were following us down the hill, and when in 
revolver range opened fire on us. Every minute they came closer, ana 
the bullets were striking on the iron tires of the caisson wheels. We 
though we were lost, but Moonlight in some way learned of our plight 
and charged up the hill. He drove the rebels back and held them until 
the caisson was taken out and Plumb and I released from our perilous 
position. 

' ' We rode on after our command and were about the last of our force. 
At the crossing of Sni-a-bar Creek, three or four miles east of Welling- 
ton, there was a bridge. It was an old-fashioned wooden structure, 
boarded up the sides and roofed over with shingles. Just east of this 
bridge we came up with a soldier-bo\-, mounted and leading a horse. 
Plumb said the bridge oi;ght to be burned, to which I agreed. We had 
matches and wc cut shavings from the timbers and tried to start a fire. 
We had dismounted and given our bridle-reins to the boj-. The rebels 
came up and opened fire on us, and the horses reared so that the boy could 
not hold them. Plumb told me to take our horses on through the bridge 
and wait for him until he got the fire going. I took the hoi-ses to the 
west of the bridge and led them into a depres.sion out of the way of the 
rebel firing, which was beginning to be hot. The boy followed me, but 
I told him to go on and not wait for us. The firing was soon so heavy 
that Plumb could not remain on the bridge. The rebels were up to the 
entrance. It was run or be captured, and Plumb came ninning out at 
the west end, inquiring where the boy was. I told him the boy was safe 
and away ahead. Then we mounted our horses and escaped. The small 
fire Plumb had been able to start was put out by the reliels, and the 
bridge was not burned." 

■^ See the Leavemvorth Daily Conservative, October 26, 1864; it says: 

"The deliberate labored attempt of the Governor, his subalterns, his 
satellites, his paid scribblers, and his imscrupulous adherents, to create 
sedition in the camp, distrust for our Generals, and political capital for 
himself and his motley crew has not failed to attract the attention and 
provoke the unmeasured condemnation of every true and honest man. 

"The General commanding tlie Department calls for reinforcements; 
the Governor and his bolting Coppci-head crew, while apparently comply- 
ing with his request, take pains to tell our soldiers there is no enemy at 
the front, and while our soldiers were facing death on the field on Thurs- 



758 KANSAS AND KANSANS 

Little Blue 

General Price did uot reach the Little Blue until the morning of ilic 
21st of October. Because of the attitude of Governor Carney, General 
Curtis did not intend that any general engagement should be fought 
there. The Eleventh Kansas had been left at the crossing with orders 
to detain the enemy as long as it could do .so with safety, then bum 
the bridge and retire in the direction of Independence. Colonel Moon- 
light '.s resistance was much more stubborn than had been expected of him. 
He held the line as long as possible, setting the bridge on fire and falling 
back slowly only when Price's cavalry had appeared in force on both his 
tlanks. At this juncture General Blunt came on the field with reinforce- 
ments and made an effort to halt the advance of General Price. A part 
of the field taken from Moonlight was regained. General Curtis and 
General Lane both went to the front, but Curtis was induced to return 
to Independence. 

All that day Price was slowly pushing Blunt back, and it required 
almost his entire ami.v to do it. General Blunt had but thirty-five hun- 
dred men of all arms — perhaps not so many. They hugged fences, sought 
skirts of timber, utilized ditches and highways, and stood behind stone 
walls. For some time the Eleventh Kansas was out of ammunition and 
held its position by defiant cheers.** Two miles back from the Little 
Blue a stand was made at the Massey farm. There the Eleventh was 
fiercely attacked, lost a number of men, and Major Ross had a hor.se killed. 
While supplying the Major with another horse. Captain B. F. Simpson 
saw Plumb with a company of skirmishers far out in advance of the 
battle-line. A strong position was taken at the Saunders farm, three 
miles west of Mas.sey's and this was held until night. From this point 
General Blunt sent Lane to Independence to tell Curtis that the Big Blue 
would have to be the line on the 22d.9 Late at night the Union 
forces crossed the Big Blue and took position in such defensive works as 
had been constructed there. The line extended south from the Missouri 
River to Hickman '.s Mills along the west bank of the Big Blue River, 
although the main body of the array covered a space of some six miles 
only. 

The Big Blue 

In 1864 Byram 's Foi-d, on what is now Sixty-first Street, Kansas City, 
was the principal crossing on the Big Blue. It was the most important 
point held by the Tnion army, and it should have been guarded by a good 



day, the Governor actually prepared liis proclamation to disband the 
militia." 

s See liehellimi Records, Series I, Vol. XLI, Part I, p. 592. official 
report of Colonel Moonlight. 

" These details were furnished by Captain B. F. Simpson, Paola, 
Kansas. He was first directed to carry the dispatch to General Curtis, but 
General I^ane believed that some other man should be sent, Simpson being 
then boyish in appearance. Lane was sent to confer with Curtis. 



KANSAS AND KANSANS 759 

soldier. By the intrigues then distracting the councils of the Army of 
the Border, Colonel C. R. Jennison, Fifteenth Kansas, had secured com- 
mand of the First Brigade, and he was put in command of the troops 
defending Byram's Ford on the morning of the 22d of October.''^ 
About noon he was attacked by a heavy force, and before three o'clock 
he was driven back and lost the key to the Union position. His failure 
to hold Byram's Ford lost the day to General Curtis, as its capture 
turned the right flank of his army, crushed the right wing and caused 
it to take a new position just outside of Kansas City. General Price 
camped on the south side of Brush Creek, a small stream running east 
a mile south of Westport. 

The Eleventh Kansas was lioldiiig a ford above that guarded by Colo- 
nel Jennison. Seeing the Confederate army pouring through the gap 
made in the line by his defeat, and, knowing there was nothing to prevent 
its entering Kansas, Colonel Moonlight marched by double-quick to the 
State-line, south of Westport. There he formed to check the Confederate 
advance. Colonel Plumb, with four companies of the Eleventh Kansas, 
drove back Jackman's brigade, and did it in a manner that called forth 
compliments from all who saw it. It was dusk. In speaking of it many 
years later Colonel Moonlight said : 

This charge was under the immediate command of Lieutenant-Colonel 
Plumb, of the Eleventh Kansas Cavalry, with one wing of the regiment, 
and it was one of the neatest and prettiest movements of the campaign. 
The charge was made with a line almost as .straight as on dress parade, 
and with a dash and vim, the boys cheering as they flew along the prai- 
rie into the ranks of the enemy." 

This charge was con.sidered an event in the annals of the Eleventh 
Kansas, and is thus described by a comrade of Colonel Plumb. '^ 

Jackman's brigade was marching through the gap and had to be 
stopped else the Confederate army would pour over the State-line into 
Kansas. To cheek this advance was now the work of the Eleventh 
Kansas. The Confederates marched steadily northwest until tliey came 
in view of the Eleventh. At that instant Colonel Plumb with four com- 
panies was beginning his advance towards the rebels. Seeing this the 
Confederates stopped sliort and formed a line of battle facing Plumb, 



1" Jennison had been connnissioned Colonel of the Seventh Kansas by 
Governor Robinson in the fall of 1861. His murderous forays and 
plundering proclivities coming to tlie attention of the authorities, he was 
forced to resign in jMarch, 1862. So proficient was he in lifting live- 
stock that the pedigree of many a horse found in Kansas in that day 
was tersely expressed in "out of Missouri by Jennison." After the 
Lawrence Massacre Governor Carney, then under the influence of those 
opposed to General Lane and to the re-election of President Lincoln, com- 
missioned Jennison Colonel of the Fifteenth Kansas. This same influ- 
ence pushed him to the front in the campaign against General Price. He 
was a Federal guerrilla. 

Ji Letter in the Leavdwrorth t<t(iiidard. neeeml)er 3, 1881. 

12 Walter Wellboiise. ('onipany A, Eleventh Kansas, late Secretary 
Kansas State Horticultural Soeii'ty. 



760 KANSAS AND KAXSANS 

who took his men across the State-line to a little valle}', and when his 
men were directly opposite the enemy, he halted them, faced about, 
formed his line and charged up the hill, his men cheering and firing at 
will after the first volley. The flashes of Plumb's guns were like fire- 
flies on a damp night in summer. Jackman's brigade was swept from the 
field, and no further attempt was made by the enemy in that quarter. 

Colonel Ye ale's Kegimext 

The disaster to Colonel Yeale's Kegiment is best described in his 
official report : 

Headquarters Second Regiment, K. S. ]\I., 

ToPEKA, October 30, 1864. 
To Maj. Gen. George IT. Deitzhr, Commanding Kansas State Militia. 
Sir — ... On the morning of the 21st October, I received orders 




Battle op Big Blue 

[Copy by Willard of Painting in Library of Kansas State Historical 
Society] 

from Gen. Grant to move with my command to the crossing of the "Blue" 
on the Kansas City & Hickman's Mills road, about four miles from the 
Kansas State line, which order I complied with^ — camping on the Blue 
that night. 

The next morning, the 22d, at sunrise, I received an order from Gen. 
Grant, informing me that he could not reach me very early in the day 
with the remainder of his command, on account of necessary delay in 
issuing arms ; and directing me to fall back and join the forces at Byram's 
Ford. 1 accordingly withdrew from the crossing to the prairie, some 
two miles distant, where I left Lieut. Col. Green in command, and took 
twelve men and went down through the timber to Byram's Ford. I 
went myself, because T knew the country well. I found Col. Jennison 
with his regiment — the Fifteenth Volunteers — and also the Jefferson 
County Regiment, K. S. IM., and several pieces of artillery. This was 
about three miles from where I left my command. 

I went immediately back to move my command down, but on my 
arrival. I found Gen. Grant with his other forces had come up. I told 



KANSAS AND KANSANS 761 

him what I knew of the country, and where our troops were. He said 
we should remain tliere for the present. 

Very soon a messenger arrived from Gen. Curtis with a dispatch, stat- 
ing that the enemy was moving in strong column up the "Blue," and 
directing him (Gen. Grant) to send scouts to Hickman's Mills to see if 
the enemy was moving south on the Pleasant Hill road, and report to 
him ever}' thirty minutes. 

I was asked by Gen. Grant to take the battalion of my own regiment, 
the Second, and make the reconnoissanee. I moved ott' immediately and 
met some troops coming from there as I went over, but saw nothing of 
the enemy. 

About one mile south of the "Blue," at a point where I could over- 
look the whole country, I ordered a halt and fed my horses. In a few 
minutes tlie General and his staft" rode up. Here we were immediately 
joined by Col. Lowe of our brigade and then by Maj. Laing of the Fif- 
teenth Volunteers with four companies. 

A few moments were .spent in consultation, when Col. Lowe and Maj. 
Laing moved south and east on the road to look for the enemy. 

Gen. Grant directed me to move back to the north side of the "Blue," 
which I did — the General and staff riding in advance. 

Soon after crossing the stream, we met a messenger who told us that 
fighting was going on up the prairie. The General pushed forward 
rapidly for about a mile, to where he found my artillery in the lane 
unsupported, with the enemy in his front. The battalion of the Douglas 
County Third, under command of Capt. Hindman, had fled. The 
Wyandotte County Battalion, and the battalion of the Thirteenth K. S. M. 
had been driven from the field. 

Gen. Grant ordered me to form a line of battle, which I did, and as 
soon as this was done, commenced the fight. Capt. Bumes opened on 
the enemy at the same time with the battery, and, after obtaining the 
proper range, did fearful execution — opening the enemy's ranks and 
hurling them from their horses in great numiiers. 

Capt. Burnes is deserving of special praise for coolness and gallantry 
— .standing as he did by his gun until taken prisoner him.self, and every 
man in his command either wounded, killed or taken prisoner. 

My first line of cavahy broke when fired on, and some of the men fled 
in confu.sion, but with the aid of my brave and gallant officers, it was 
soon restored, and maintained its ground with stubborn and unfaltering 
coui-age. 

We fought Jackman's brigade of Shelby's division — six times our 
number — for three-quarters of an hour, actually driving at one time his 
whole center in confusion from our front. But it was soon doubly 
strengthened and charged upon us in double colunm, flanking us at the 
same time both on the right and on the left, forcing us back in disorder 
to the south side of the Blue, where we found Col. Lowe and Maj. Laing 
with their commands, who should have supported us in the fight, as should 
the commands of Johnson, Guilford and Hindman. Had they done so 
the result would have been difi'erent. As it was, my command was sacri- 
ficed, being ordered to fight six times my numbers of Price's veterans and 
bu.shwhackers with raw militia. 

It is not for me to say upon whom rests the responsibility of scatter- 
ing our forces in such a manner as to preclude the po.s.sibility of concert 
of unity of action. I can only say that I acted under orders, and by so 
doing lost twenty-four brave Kansans killed, about the same number 
wounded, and sixty-eigjit taken prisonei"s, among them foiir officers; also 
one twenty-four pounder howitzer and 100 horses. 

The enemy's loss in killed and wounded in this engagement was very 



762 KANSAS AND KANSANS 

heavy, as our prisoners passing over a portion of the field a few moments 
after the battle, counted forty-three dead rebels. 

While my loss is very severe, I have to thank God that the bold stand 
taken by my brave men gave the enemy an afternoon job which detained 
them from marching into Kansas ; and the next morning they were con- 
fronted by an army that neither yielded them ground nor spared their 
ammunition, but put them on a hasty retreat southward; and thus 
Kansas was saved. 

On the morning of the 24th, we gathered together our dead (our 
wounded having been already cared for) and took them to Kansas City, 
where we obtained coffins for them, and on the morning of the 25th we 
buried them in Wyandotte — on Kansas soil. From there we marched 
home to meet our mourning friends and tell the sad storj' of the fallen. 

Westpokt 

General Curtis was greatly discouraged by the result of the battle 
of the Big Blue; it proved that little of the Kansas militia would be 
permitted by Governor Carney and his advisers to fight under Federal 
offieei-s. 

In the hope that he might secure better results by fighting on Kansas 
soil Curtis decided in the afternoon of the 22d to retire across the Kansas 
River at night; and he then sent his ammunition and supply trains to 
Wyandotte, now Kansas City, Kansas. Later he crossed the line him- 
self ^* and was found in camp six miles west of Wyandotte. From this 
point he was prevailed on to return late at night to Kansas City for 
a council of war M-ith his officers. This council opposed the retreat into 
Kansas, as it meant for one thing that Kansas City would be looted if not 
sacked; but General Curtis held out long for that action. He was not 
so much to blame. He had about four thousand volunteer troops and 
some sixteen thousand Kansas militia, the latter so hampered that it had 
been able to render little service. The fighting had been done principally 
by the volunteers. He had no hope of better results in future fighting 
with the militia officers acting independently of his orders, each regiment 
for itself. That afternoon Colonel Sandy Lowe, Twenty-first Militia, 
had stood by and seen Colonel Veale's regiment cut to pieces, not daring 
to aid his fellow-officer in the absence of express orders. The politicians 
about Governor Carney were urging General Curtis to fall liack into 



''^ Among other proof on this point, of which there is much, is the 
statement of Charles Waring, of Manhattan, Kansas, June 21, 1910. 
Waring was in Company G, Eleventh Kansas. At the time of the 
Price raid he was serving in the band of General Curtis. This band 
furnished the mu.sic at the funeral oC Major J. Nelson Smith, Second 
Colorado, who was killed in the battle at Little Blue, and buried Satur- 
day afternoon, October 22d. in a cemetery between Westport and Kansas 
City. General Curtis attended the funeral, but left before the cere- 
monies were ended, ordering the band to follow him to AVyandotte. At 
Wyandotte he could not be found, and the band followed liim out to the 
"Six-mile House," on the Leavenwoi-th road, where he was found in 
camp. Waring says that from that time the men had little confidence 
ill General Curtis. 



KANSAS AND KANSANS 763 

Kansas, promising active support if he would do so. Curtis was an 
old man. He was loyal and patriotic, but the incessant intrigue of 
Carney and his associates had told on him. He did not believe his little 
force of volunteer troops could hold Price in check, and he counted very 
little on the militia outside of Kansas. If he had asserted himself, sup^ 
pressed the Kansas politicians, and assumed vigorous command of the 
militia he could have defeated Price. He knew this, and also knew that 
he had a perfect right to do it, martial law being in effect and the laws 
of Kansas suspended. But he could not bring himself to the point of 
resisting Govei-nor Carney. 

The first decision of the council of war was to retreat, but General 
Curtis was finally prevailed on to stand his ground and have his trains 
return from W,yandotte. This rcsidt was not reached, however, until it 
had been decided by the officers to arrest General Curtis and put General 
Blunt in command of the army. 

When the movements of the following day had been determined by 
the council it was dissolved. Then Carney and his advisers fell on Gen- 
eral Curtis with such vigor that he promised them he would retreat into 
Kansas early Sunday morning; and he actually went to Westport to 
order the retreat. He found the battle in progress. General Blunt 
would not order a retreat with the troops under fire, and General Curtis 
did not do so. The co-operation of the greater part of the militia was 
lost, though it was anxious to a man to go into battle, those who secured 
the opportunity doing good service, demonstrating that victories rather 
than defeats could have been won had Governor Carney and his poli- 
ticians been suppressed early in the campaign. 

The attack on Price on Sunday was without much order and unity 
of action. About noon General Pleai5anton arrived on the field in the 
rear of the Confederate army, and had General Curtis made the proper 
effort General Price's army coidd have been destroyed. When Price 
turned to retreat and the day was won Governor Carney and his militia 
officers became very enthusiastic and displayed great anxiety for the 



The Eleventh Kan.sas had been issued rations and ammunition early 
Sunday morning; for late Saturday night Captain B. F. Simpson had 
placed a cocked pistol at the ear of a disloyal pilot and forced him to 
take a boat to Wyandotte and bring a cargo of supplies for that purpose, 
before the return of the trains to the Missouri side. The position of the 
Eleventh on Sunday was on the extreme right of the Army of the Border, 
south of Westport, where it pushed a i-ebel force rapidly down the State- 
line road ; but it was not properly supported. Colonel Moonlight sounded 
the recall for Colonel Plumb, who was far in the advance with his men. 
Tf the Eleventh had been supported it would have been exactlj' opposite 
General Pleasanton when he came on the field, and the Confederate army 
would have been within the Union lines witli escape very difficult, if not 
impossible. 

With the appearance of Plcawuitoii the spell of stupidity was broken. 
Relieved of the inoibns of Gnvernor Carnev and his advisers. General 



76i KANSAS AND KANSANS 

Curtis showed some of his old-time spirit. The Eleventh was thrown 
forward to keep abreast of Price's army to prevent the entrance into 
Kansas of any part of it on the retreat. This it accomplished as to the 
tow-ns. It saved Mound City after a severe eiigagemeut and it reached 
Port Scott only a few minutes ahead of a Confederate force sent to 
destroy it. As the Eleventh entered the tow'n it was met by the people 
and received with cheers. "The Star Spangled Banner" was sung as 
the Old Flag was borne into the public squai'e. 

The Eleventh was in pursuit of Price to the Arkansas River. From 
Fort Smith it returned to Kansas through the Ozark Mountains of North- 
west Arkansas. At Fort Smith the horses had broken into a cane-brake ; 
eating tlie hard stalks of cane caused the death of some two hundred and 
fifty of them ; and this number of men were compelled to march on foot. 
There was much rain and wet snow to march through. The country had 
been stripped by the Confederates on their retreat and supplied little for 
man or beast. Horses died on the road, thus constantly augmenting the 
column marching on foot. Colonel Plumb fared no better than his men. 
but he cheered and encouraged them. The first service of the Eleventh 
had been in this rugged region in 1862, and this march was a repetition 
of the hard experience of those days. 

The regiment arrived at Paola, December 12, after a campaign of 
exactly two months. 



CHAPTER XLVII 
THOMAS CARNEY 

Hon. Thomas Carney, second governor of Kansas, was intimately iden- 
tified with the history of this commonwealth during the exciting days 
prior to and during the Civil war. In fact, for some years his life 
history was the history of the state itself, so inseparably was he asso- 
ciated with public measures. An ardent supporter of republican prin- 
ciples and a man of great patriotism, he did all within his power to pro- 
mote the interests of his party, his state and his country, in each of which 
he attained distinction. 

In Delaware County, Ohio, i\Ir. Carney was bor^i August 20, 1824. 
\\nien he was four years of age his father, James Carney, died, leaving 
the widowed mother, poor, and with four small children. For this reason, 
his opportunities were meagre; in fact he had none except such as he 
made for himself. His early life was spent in the hardest kind of work, 
after he was old enough to be of assistance on the farm. From the time 
he was eleven until he left home, he was the teamster of the familj', and 
conveyed the products of the farm to Newark, thirty-six miles distant, 
using as a means of transportation a yoke of oxen. When nineteen 
years of age, with $3.50 in his possession and buoyed by the hope of 
youth, lie left the home farm. He attended school in Berkshire, Ohio, 
for six months, meantime working for his board. Afterward he secured 
employment in a retail dry-goods house in Columbus, where he remained 
for two years, then became clerk in a wholesale dry-goods house in Cin- 
cinnati. While with the retail firm he received $50 and his board the 
first year and $100 and board the second year. He remained in Cin- 
cinnati for twelve years, but his health became impaired by his close 
attention to business, his success as a member of the firm of Carney, 
Swift and Company, having been secured only at the expense of his 
physical strengtli. 

Realizing that he must seek another climate, in 1857 Mr. Carne.y 
visited the West. In the .spring of 1858 he commenced business in Leaven- 
worth, Kansas, where, in partnership witli Thomas C. Stevens, he opened 
the first exclusively wholesale house in the city and founded a business 
that for years was of immense value to local interests. On the retirement 
of Mr. Stevens in 1866, the firm name was changed to Carney, Penlon 
and Company. Two years later the firm established the house of E. 
Fenlon and Company in St. Louis, which business later merged into the 
house of Carney, Garrett, Fenlon and Company, and later was changed 
765 



766 KANSAS AND KANSANS 

to Carney, Fenlon and Company. The subsequent retirement of Mr. 
Fenlon caused another change in the business, which was afterward con- 
ducted by Mr. Carney alone until it was sold. He also started the whole- 
sale shoe house of Carney, Storer and Company, which firm in 1873 was 
dissolved, and succeeded by Thomas Carney and Company. In 1875 the 
business was sold and the one to whom its success was due retired, in a 
measure, from participation in business affairs. 

The connection of Air. Carney with affaii-s of state dates from the fall 
of 1861, when he was elected to the lower liouse of the Legislature. Sep- 




Gov. Thomas Cakxkv 
[Copy by Willard of Portrait in Library of Kansas State Historical 



tember 17, 1862, when tlie republicans met in state convention, he was 
nominated for governor, and on the 4th of November was elected, receiv- 
ing 10,090 votes, about twice the number received by his opponent. 
January 12, 1863, he took his seat as governor, and from that time until 
the close of his term he gave his undivided attention to public affairs. 
He found the state in a discouraging condition. It was utterly without 
credit, and without means to carry on its government or protect its 
citizens from guerrillas, Indians and the calamities incident to war. 
Along the eastern and southern borders the Confederates hovered while 



KANSAS AND KANSANS 767 

on the west were murderous bands of Indians. The life of every settler 
was in peril. The general government, immersed in civil war, had no 
time to devote to the welfare of a remote state. Hence, the welfare of 
the people devolved entirely upon the governor. Finding that he would 
be obliged to depend upon his own resources, he investigated the situa- 
tion thoroughly. The state had no money, no arms and no ammunition, 
but this did not discourage him. On visiting the menaced regions he 
found that the people were beginning to seek places of greater safety, 
and he foresaw the probability that the region would become a desert, 
unless decisive steps were immediately taken. He raised a force of 150 
men and employed them as a patrol along the border, so that no hostile 
movement could be made without detection and the people would thus 
have time to rally to the necessary points for defense. The patrol was 
hired by the governor and paid out of his private means, he giving $1 a 
day for a man and horse, the United States Government furnishing the 
rations. He put the men in the field and kept them there, at a cost to 
himself of more thau $10,000. At the same time he was a captain in the 
home guard and often on duty in that capacity. Through his patrol he 
preserved the border from invasion, but, at a later period, he was notified 
by the commander of the federal forces to abolish the patrol, as the 
regular troops would be able to care for the safety of the state. He 
earned out the order, and witliin three days Quantrill made his raid into 
Kansas. Lawrence was in ashes and 180 persons were foully murdered. 
During the existence of the patrol, the arrangements were such that the 
different members could speak with each other every hour, but the militia 
were scattered in squads over a distance of twenty-five miles, and when 
Quantrill marched into Kansas, he easily escaped their notice. He moved 
stealthily. No one knew of his approach except one man who lived along 
the line of march. He saw the guerrillas, mounted a horse and hurried 
toward Lawrence to warn the inhabitants, but his horse fell and the 
rider's neck was broken. Thus the sole witness of the invasion was 
silenced. It is worthy of mention, as showing the governor's generous 
disposition, that he made a gift of $500 to the widow of this man, and 
he also gave $1,000 for the relief of the people of Lawrence. 

The entire official career of Governor Carney was a stormy one. 
Occurring, as it did, at a time when the nation was rent asunder by 
internal strife, when the state itself was a financial and political wreck, 
the situation called for a man of great discretion, foresight, energy and 
force of character. That he met the demands of the situation is recog- 
nized by all. Through his instrumentality the state was placed upon a 
firm basis financially. He sacrificed himself for the interests of the state, 
and gave generously of time, of means and of influence, to promote the 
prosperity of the commonwealth. During the first year of his administra- 
tion, the house accepted the grant of Congress giving land for the agri- 
cultural college, and located said college at Manhattan, Riley County; 
also provided for the establishment of an asylum for insane at Osawatoniie, 
for the building of a penitentiary at Leavenworth, the establishment of 
a state normal school at Emporia, and the Kansas State University at 



768 KANSAS AND KANSAXS 

Lawrence (to which he made a personal contribution of $5,000). Decem- 
ber 10, 1863, a brick building on Kansas Avenue, Topeka, was leased to 
the state for a temporary eapitol. During 1864 the House appointed 
commissioners to locate a blind asylum in Wyandotte County, and a deal 
and dumb asylum in Olathe; grand juries were abolished and a bureau 
of immigration established. 

January 9, 1865, Governor Carney retired from the chair of chief 
executive, in which he was succeeded by Samuel J. Crawford. June 4, 
1866, he was elected a director in the Kansas City, Lawrence and Fort 
Gibson Kailroad Company, of which James H. Lane was first, and Wil- 
liam Sturges the second president. In 1865 and 1866 he served as 
mayor of Leavenworth, during which time he was interested in and con- 
tributed toward the building of the railroads here. He was interested in 
the organization of the First National Bank of Leavenworth, of which 
he officiated as a director for several years. With other enterprises, both 
local and state, he continued to be identified, and, while giving much 
time and thought to private business affairs, nevertheless found oppor- 
tunity to identify himself with every pro.ject for the public welfare and 
advancement. His death, the result of apoplexy, occurred July 28, 1888, 
in the town of which he had long been an honored citizen and to whosp 
development he had contributed perhaps as much as any of its promi- 
nent pioneers. His name is inseparably associated with the history of 
the state he loved so well. Those who watched his official career, amid 
all the perplexities of war times, when great responsibilities were thrust 
upon him, under the most adverse and trying circumstances, agreed that 
he proved himself to be equal to every emergency, the man for the place : 
and, whatever may have been individual opinions as to his decisions and 
actions, it was the verdict of all that his administration was the means of 
establishing the credit of the state upon a sound financial basis and 
advancing its educational and general interests in a manner most gratify- 
ing to every loyal citizen. 

During his residence in Ohio, Governor Carney married ^liss Rebecca 
Ann Canaday, who was born in Kenton, that state, and died in Leaven- 
worth, September 25. 1895. They were the parents of five sous, namely : 
Edwin L.; William W., both of Leavenworth; Harry C, of Butte, :Mon- 
tana: Charles T., of Meeker, Colorado; and Frank, who died in infancy. 
— [From Chapman's Biographical Record of Leavenicorth, Douqlas. and 
Franldin Counties.] 



CHAPTP]R XLVIII 

C40VERX0R SAMUEL J. CRAWFORD 

By ]\Irs. Edith Connelley Ross 

Samuel J. Crawford was born in Lawrence County, Indiana, April 15, 
1835. He was reared on his father's farm, and, at the age of twenty-one 
years, became a law student in the oiifice of Hon. S. W. Short, of Bedford, 
Indiana. In 1857, he entered the Cincinnati College Law School, whei'e 
he was graduated in 1858. Inspired by a desire for newer, broader fields 
of endeavor, he emigrated to Kansas Territory in the spring of the 
following year. He located at the town of Garnett, the county seat of 
Anderson County, and opened a law office. 

His law business grew steadily, and he soon had a good practice. He 
wa.s elected a member of the first State Legislature, which met at Topeka. 
March 26, 1861. At the call of President Lincoln for volunteers, he re- 
signed his seat in the Legislature, and, returning home, recruited a com- 
pany of soldiers. He was chosen Captain of the Company, which was 
known as Company E, and was assigned to the Second Regiment, Kansas 
Volunteer Infantry. Under General Lyon he fought in the Battle of 
Wilson Creek, and in other battles in the Missouri campaign of 1861. The 
regiment was reorganized in the winter of 1861-2 as the Second Regiment, 
Kansas Volunteer Cavalry. This regiment fought nobly in many en- 
gagements under General Blunt. In March, 1863, he was assigned the 
leadership of the regiment, which during a hard campaign, covered 
itself with glory. 

In October, 1863, Crawford was appointed Colonel of the Eighty- 
third U. S. Colored Infantry, which was in the Red River Campaign 
with General Banks. During this campaign, the colored regiment, under 
the skilful leadership of Colonel Crawford, gained a reputation for un- 
faltering bravery. Its sturdy stand at Jenkins' Ferry, April 30, 1864. 
is an immortal tribute to the negro as a soldier. Colonel Crawford suc- 
cessfully commanded his regiment when it was sent on an expedition 
into the Choctaw Nation against the rebel General, Standwatie, in 1864. 

Ill 1864 Colonel Crawford was nominated by the Republican State 
Convention at Topeka for Governor. At llie same time he was strongly 
recommended by many prominent soldiers and citizens for a Brigadier- 
Generalship. 

Shortly after the nomination of Colonel Crawford for Governor, 
General Price iiiviidrd Jlis-souri. with tiie object of eut.-ring iuid devas- 

Vnl. 11- 12 

769 



770 KANSAS AND KAXSANS 

tating Kansas. Colouel Crawford was appointed aide to General Curtis, 
commanding the Union forces. He participated in the battles of the 
Blue, Westport, and Mine Creeks, displaying great gallantry. This 
marked the end of his military career during the Civil "War. He had 
taken part in most of the battles of the war west of the Mississippi, 
excepting that of Pea Ridge. In 1865, he was promoted to the rank of 
Brigadier-General by brevet, for meritorious service. 

At the close of the war, soldiers from every State came to make homes 
in Kansa.s. And many came who had not been in the army — young men 




iWFORD 

Copy l)y "NVillafd <<i' I'ci-ti-ait in Lilirary of Kansas State Historical 



seeking an opportunity in the world. They faced hardships in starting 
anew in this good land of boundless prairie and sky. But they were 
equal to the difficulties of breaking the wilderness, and made the land 
teem with plenty. 

Witli dauntless coura.ne Kansas facccl all evils aiul eonquered them. 
And this was the brave thing slie Wius doing wlicu Colonel Crawford wah 
elected Governor, November 7, 1864. His administration covered some 
of the most stirring history of Kansas. Speaking of these times, Gover- 
nor Crawford says: 



KANSAS AND KANSANS 771 

Thus the new State of Kansas, having escaped the dire ealamitieii 
of an invasion by Price and his legions of demoralized outlaws, and 
made a clean sweep in the election of Lincoln Republicans to fill the 
various positions created by the Constitution, was now ready to take 
its proper position among tlie States of the Union and give the National 
Administration at Washington its loyal support. 

During the winter of 1865, the Legislature gi-oped bravely through a 
dark labyrinth of graft and ignoi-ance and selfishness to something of 
light and law. Governor Crawford said : 

As a matter of fact^ we had nothing with which to .set up house- 
keeping except the State Seal, a lease on some leaky buildings, and quite 
an assortment of bills payable. 

During the winter of 1865, Governor Crawford rounded up most of 
the cattle thieves and outlaws that had been teri'orizing the boi'der and 
turned them over to General Dodge for punishment. 

The Legislature of 1866 passed acts providing for the erection of the 
State Capitol, the Penitentiary, Asylums, and other piiblic institutions. 
Many new homesteaders settled in the State, the Kansas Pacific Railroad 
was pushed steadily westward toward Denver and the Pacific States. 
Prosperity seemed beginning to smile on Kansas. 

But the Indians, constantly formidable after the Civil "War, now 
became bold in their atrocities. The building of a Railroad through 
Western Kansas seemed to awaken their most fiendish impulses, and the 
mistaken policy of the government in supplying them with plenty of 
food, clothes, and above all, weapons, enabled them to perpetrate many 
outrages. 

In the spring of 1866 hostile Indians appeared on the Santa Fe Trail, 
the Smoky Hill, Solomon and Republican rivers. Governor Crawford 
organized a battalion of troops along the Western border. Early in 
May he sent a company of State troops to the Northwestern border, 
which defeated a roving band of Cheyennes. This temporarily checked 
the Indians. 

Senator James H. Lane died ou the 11th of July, 1866. After care- 
ful consideration of the merits of the different candidates to fill the 
unexpired term. Governor Crawford appointed the Hon. Edmund G. 
Ross. The Legislature of 1867 signified its approval of his choice by 
re-electing Ross for the full term. The Hon. S. C. Pomeroy was re- 
elected. 

On the twenty-seventh of November, 1866, Governor Crawford was 
married to Miss Isabel M. Chase, daughter of one of the founders of 
Topeka. The two children bom to them were George Marshall Crawford 
and Florence Crawford Capper, wife of the present Governor. Arthur 
Capper. 

Governor Crav\ford was re-elected in 1867. The Legislature of that 
year pushed forward the work started by that of 1866, and many state 
institutions were planned and provided for. 

After the ad.ioiirnmcnt of this I>egis]atnre. Governor Crawford pro- 



772 KANSAS AND KANSANS 

ceeded to New York to dispose of some State bonds. He then went on to 
Washington, D. C, to try to secure intelligent eo-operation from the 
War Department in regard to the Indian situation in Kansas. He 
represented to the Secretary of the Interior, the mistakes in the policy 
of that department in supplying the savages with means to carry out 
their atrocious designs. The Secretary promised to give the matter his 
attention, but after the departure of the Governor, nothing more was 
done about it. 

Hardly had Governor Crawford reached home before a great amount 
of ammunition and supplies was shipped to Kansas for the Indians, who 
were even then on the war-path. Governor Crawford by threat of burn- 
ing the supply-caravan, induced General Sherman to take it to Fort 
Larned instead of turning it over to the savages. There it was held 
until a compromise was made with tlie Indians in the fall of 1867. Gov- 
ernor Cra^rford, speaking of the Indian situation of that year, says: 

Portions of live tribes of hostile Indians — allied for purposes of war 
and crime, thoroughly organized, armed, and equipped, and regularly 
receiving their annuities and other supplies from the Government, under 
treaty stipulations — cons-tituted the main force which was operating 
with such deadly effect in Western Kansas. 

The hostile Indians, having succeeded in murdering and scalping 
many men, women, and children, and capturing or destroying property 
to the value of millions of dollars, and in also completely blockading 
the routes of travel (except when opened by military escort) fi-om Kansas 
to the mineral States and Territories west ; and believing, as they had 
rea.son to believe, that they would be sustained by the continued leniency 
of the Government, became so emboldened as seriously to threaten 
the destruction of our entire western border. 

In 1868 a Cheyenne Band threatened Council Grove but were turned 
from their purpose. In August of that year people were murdered in 
the Solomon and Republican valleys. The climax of the wars with the 
plains Indians in Kansas, came in the Battle of Beeeher Island, on the 
Aricaree. General Sherman, hearing that a small band of Indians were 
entering Northwestern Kansas, sent Colonel Forsythe of his personal 
staff, with fifty men, to turn them back. On the night of September 
tenth, the party camped on the north bank of the Aricaree. opposite a 
small, sandy island. kiiDwn as Heedier's Island. Tlie river was dry at 
that time of the year. 

Early in the morning, a large band of Indians attacked the camp. 
The men. compelled to leave their camp equipment, i-etreated to the 
island, fighting bravely and driving their horses and mules with them. 
During the day two more attacks were made, but in each case the savages 
were repulsed. More tiian half the white men were wounded, and all 
were without food or shrlter. The situation seemed desperate. Ringed 
in ]iy llie enemy, th(>re seemed no way of escape. 

But two scouts, Jack Stihvcll and James Trudeau, l)ravely volun- 
teered to try to reach Fort Wallace, ninety miles away, and bring back 
aid to their comrades. After three days of hairbreadth escapes, tliey 
readied the fort, and aid was sent to the beleagnn'd men on Beeeher 



KANSAS AND KANSANS 773 

Island. They had remained there nine days in all, hemmed in with 
Indians, waiting for help. It was afterwards ascertained that the Indians 
had lost between seven and eight hundred warriors in the nine days. 
The great Cheyenne Chief, Roman Nose, was killed. 

After this, the Indians still continued to give trouble. Being con- 
stantly appealed to for aid, Governor Crawford, on November 4, 

1868, resigned the governorship and was appointed Colonel of a newly 
recruited regiment — the Nineteenth Kansas Volunteers. After a hard 
winter campaign, the Indians were finally subdued for all time in Kansas, 
and the regiment was paid off and mustered out of service on April 18, 

1869, at Fort Hays. 

Governor Crawford, after fifty-two years of active influence for good 
in Kansas, died at his home in Topeka, in the year 1913, at the age of 
seventy-eight years. His last days were quiet and peaceful, and many 
of them were devoted to his beloved farm. But though retired from 
strenuous political life, he retained his interest in Kansas and her ad- 
vancement until the very last. Every suggestion for the advancement and 
help of mankind found in him an ardent advocate. 

His funeral was attended by hosts of his old friends and admirers, 
men who honored him while alive and now reverence his virtues after 
death. 



CHAPTP]R XLIX 

NEHEMIAH GREENE 

By Mrs. Edith Connelley Ross 

Xehemiah Greene, the only Kansas Lieutenant Governor to attain 
tlie governorship by resignation of his superior, was born in Hardin 
County, Ohio, March 8, 1847. He was educated in the Ohio schools and 
at the Wesleyan Universitj'. After his graduation he taught school in 
Logan and Champaign counties. 

In March, 1855, he came to Kansas. He settled on a claim in Douglas 
County. However, as the times were not peacefid nor prosperous, he was 
almost forced to abandon it. It did not yield a living. 

He was admitted to the bar in 1857, and practiced law for two years. 
At the end of that period he returned to the state of his nativity and 
there entered the ministry. His sincerity, brilliance, and kindness made 
him the beloved friend of all his flock. 

But, in 1862, when Lincoln called for volunteere, Nehemiah Greene 
left his church, and became the Lieutenant of Company B, Eighty-fifth 
Ohio Infantry. In the Civil War, he served under General Cox in his 
famous West Vii-ginia campaign. He was a brave soldier, and as gen- 
erous and kind as he was brave. After the West Virginia campaign, he, 
along with his regiment, was transferred to the Army of the Cumber- 
land, where he served in General William Tecumseh Sherman's army 
until 1864. He was appointed Major of the One Hundred anl Fifty- 
third Ohio, and with them took part in the famous One Hundred Days 
campaign in West Virginia. 

Ma.ior Greene was never a strong man physically. His lungs always 
troubled him, and it was only the undaunted spirit of the man that sus- 
tained him in his arduous soldier-life. But in spite of his determination, 
his failing health finalh' ended his military career. This came about 
through the following circumstances. 

One hot day, the men of his regiment were compelled to march 
steadily under the blazing sun. They were loaded heavily with equip- 
ment, and Major Greene, his sympathies excited bj^ their plight, tried to 
relieve them by carrying as many knap-sacks as he could lift. This 
brought on a violent hemorrhage of the lungs, and left him so ill and 
exhausted that he was compelled to resign from the army. 

In 1865 he returned to Kansas, in the capacity of a minister of the 
gospel. He was sent to Manhattan by the Kansas Conference of the 
Methodist Episcopal Church. Here he remained for two years, serving 
his church faithfully and well. 

774 



KANSAS AxND KANSANS 775 

As the Republican candidate, he was elected Lieutenant-Governor 
of Kansas in 1866. When Governor Crawford resigned on November 4, 
1868, Mr. Greene took the oath of office, and became Governor of Kan- 
sas. He held the office a few days over two months. Nothing of very 
great political importance happened in Kansas during the time. 

Governor Greene had in his youth married Miss Ida LefEingwell, of 
Williamsburg, Ohio. She died in 1870, leaving three children — Glenzen 
S, Effie, and Alice. In 1873 Governor Greene remarried — to Miss Mary 




Gov. Neiiemiaii Greene 

[Copy by Willard of Poi'trait in Library of Kansas State Historical 
Society] 

Sturdevant, of Rushville, N. Y. They had two children, Burtis U., and 
Ned ]\I. 

After the election of Governor Harvey, Mr. Greene still retained his 
interest in political affairs. In 1880, he was elected to the Kansas Legis- 
lature. At the end of his service there, he retired to private life. 
Trouble with his lungs caused him much pain and worry. Though not 
able to preach often, because of it, many residents of Manhattan and 
surrounding towns still recall his spirited and witty addresses on public 
and patriotic occasions. 

Governor Nehemiah Greene died at his home in Manhattan, January 
12, 1890. 



CHAPTER L 

JAMES MADISOX HARVEY 
By Mrs. Edith Coxxellf.y Ross 

James ]\Iadison Harvey, known in this day as "Old Honesty," was 
born in Monroe Connty, Virginia, September 21, 1833. He removed with 
his parents to Illinois, and received his education in the schools of that 
State. He later studied civil engineering. In 1854 he married Char- 
lotte Cutter, of Adams County, Illinois. They came to Kansas in 1859, 
and located in Riley County. 

]Mr. Harvey became a firm Anti-slavery man, and fought bravely in 
the war. He served as Captain of Company G, Tenth Kansas Volunteer 
Infantry, and took part in the Battle of Prairie Grove. Afterwards, he 
was in a strenuous campaign through Missouri, Arkansas, and the Indian 
Territory. He was also chosen Colonel of a volunteer regiment sent to 
repel Price, in his raid. In 1865 Captain Harvey was mustered out with 
his regiment. 

In the fall of 1865 he was elected to the Legislature, where he ren- 
dered valuable aid in. untangling many of the problems left by the war, 
and the unsettled state of Kansas affairs. He was re-elected by the 
Republicans against Thaddeus H. Walker, candidate of the Liberal 
Republicans. The Democrats put forward no candidate. In 1866 he 
was chosen to represent the Seventh District in the State Senate. 

In the fall of 1869, he was elected as the Republican candidate for 
Governor. He was re-elected to that office in 1873. During his admin- 
istration the State of Kansas advanced steadily along all lines of prog- 
ress. Governor Harvey pretended to no great erudition — his was 
rather the homely knowledge and philosophy, the native shrewdness of 
the surveyor and farmer. But his unswerving honesty, his tenacity of 
purpose, his really superior mind, were all at the service of Kansas, and 
she profited richly by them. 

The Legislature of 1869, under Governor Harvey, was the first body 
to meet in the State Capitol, after the completion of its first wing, the 
east one. Before, all the official business had been conducted iu a small 
row of buildings on Kansas Avenue, known a.s "State Row." 

Indian troubles were still rife, at this time, though not so serious as 
during the administration of Governor Crawford. The Indians harried 
the border, entering at the northwest. Militia, sent to the Republican, 
Saline and Solomon valleys, together with the presence of the Tnitcd 
States troops, kept the Indians fairly within bounds. 
776 



KANSAS AND KAXSANS 777 

The cattle trade grew by leaps and bounds, at this time, aud the 
"cowboy" and the "Longhorn," were thick on the Kansas prairies. 
Also, at this time, the state received a liberal contribution of the worst 
elements of the older states — men and women, eager to prey on the rich 
and reckless cowmen. This it required stern measures to check. Sheriffs 
and vigilance committees were kept busj' by the disorder and violence 
rife in the western towns. Saloons, dance-halls, aud gambling dens ran 
wide open for the benefit of the cowboy. But law and order gradually 




Gov. James M. H.\kvey 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 

grew, and prosperity increased. Tlie shipments of cattle at Wichita and 
Dodge City seldom were less tlian 200,000 head a year. 

In March, 1869, tlie first train on the Atchison, Topeka and Santa Fe 
Railroad reached Topeka, and on the first of Septembei*, 1870, the Union 
Pacific Railroad reached Denver. This, of course, brought immense 
bands of emigrants to Kansas. In 1872, Kansas cast a larger vote than 
any New England state, excepting IMassachusetts. Under the census of 
1870, Kansas became entitled to three Representatives in Congress. Land 
companies all over the world advertised Kansas. Her advantages to the 
new settler were described in many languages. The Kansas Pacific Rail- 



778 KANSAS AND KANSANS 

road also worked along tliis line, and brought immense numbers of for- 
eigners to Kansas. These became good, steady citizens, and are today 
among the foremost farmers and tradesmen of the State. 

The emigrants were settled in colonies, and many quaint old-world 
customs aud legends were transplanted to Kansas, and are still preserved 
intact on the prairies. Swedish, Scotch, English, and Welsh were the 
leading colonists of this time. 

During the administration of Governor Harvey, the Grand Duke 
Alexis, of Russia, with his suite, made their celebrated exploring and 
hunting trip over the Kansas plains. They were received in Topeka by 
Governor Harvey, and the Legislature. Some old people of to-day can 
recall the ''amazing splendor" of that occasion. 

In 1870, the Labor Party organized. It held its first state convention 
in September of that year. A platform was determined on. Two of the 
'"planks" were: two thousand dollars exempt from taxation, and the 
natural right to land. 

At this time, the farmers of Kansas were beginning to feel keenly the 
need of co-operation and protection. With the growing of agriculture 
and trade, came the demand for system and advice. In consequence of 
this feeling, came the demand for a grange, which was accordingly organ- 
ized, in 1872. Many thousands of farmers joined the organization. 

Governor Harvey died, April 15, 1895. He was survived by four 
daughters and two sons. 

Kansas sincerely mourned the honest, far-seeing man who had given 
so freely of his life to her service. And she is far richer for his steady, 
kind guidance and help, and his unassuming upright life. 



CHAPTER LI 
THOMAS A. OSBORN 

By Mrs. Edith Connelley Ross 

Thomas A. Osboru, the sixth governor of Kansas, was born at Mead- 
ville, Pennsylvania, October 26, 1836. There he attended the public 
schools, and also began his printer 's apprenticeship. By his work at the 
printer's case he paid hLs way through Alleghany College. 

In 1856 he commenced the study of law in the office of Judge Derrick- 
son, of Meadville. He was admitted to the bar in Michigan in 1857. In 
November of the same year he came to Kansas. He stopped at Lawrence, 
and obtained employment as a compositor on the Herald of Freedom. 
By iudusti-y and ability he soon became foreman, and the paper was 
often left completely in his hands. 

Before he was twenty-two years old Thomas A. Osborn was practicing 
law at Elwood, Doniphan County. He was recognized as a good lawyer 
and a man of integrity and ability. Pie was a firm Republican and Free- 
State man. 

In 1859 he was elected Senator from Doniphan County, and took 
his seat in 1861. The following term he was chosen President of the 
Senate. He filled this position during the absence of the Lieutenant- 
Governor, and during the impeachment trial of Governor Robinson. 

Mr. Osborn was elected Lieutenant-Governor of Kansas in 1862, 
defeating John J. Ingalls. At the expiration of his term of office he was 
appointed United States Marshal of Kansas by President Abraham Lin- 
coln. He held this position until 1867, during which time he made his 
home in Leavenworth. He was i-emoved from office for opposing the 
policy of President John.sou. 

The wedding of Mr. Osborn to Miss Julia Delehay, of Leavenworth, 
took place in 1870. Miss Delehay was a beautiful and talented woman, 
a blood-relation of Abraham Lincoln. They had one son, Edward, born 
in 1871. 

In 1872 Mr. Osboru was nominated as the Republican canditlate for 
Governor of Kansas. He was elected, and liegan his term in 1873. The 
year of 187-4 was the dreadful "Grasshopper Year" of Kansas — the year 
when these pests destroyed all crops and caused famine and untold 
suffering. Governor Osborn called a special session of the Legislature, 
which decided the emergency must be met by the issue of county bonds. 
Relief committees were organized, and relief sent to the sufferers. Also, 
779 



780 KANSAS AND KAXSANS 

during this year, the Indians began stealing from the settlers of Barber 
County, and the southern border generally. United States Cavalry, sent 
to recover the plunder, unfortunately killed a son of Little Robe, a 
Cheyenne Chief. This precipitated murder and I'aids. 

Governor Osborn was in a position requiring great diplomacy. Some 
citizens demanded immediate vengeance, and some urged unlimited for- 
bearance. However, he steered a successful middle course, subduing the 
savages, keeping the militia on the border, and yet not offending the more 
timid citizens by reckless fighting. 



^^,: 




Gov. Thomas A. Osborn 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 

Governor 0.sborn was a far-sighted and prudent man, and urged on 
the Legislature the necessity of economy. His administration was noted 
for careful handling of the State funds. 

Also, at this time, much was done toward colonizing and settling more 
land. Every encouragement was given the settler. A huge band of 
Mennonitcs from Southern Russia settled in the Arkan.sas Valley in 1874. 
Owing to th(> increase of population a uuiiih,'r of new counties were 
organized. 

In 1876 came the Centennial Exposition at Philadelphia. Thirty 



KANSAS AND KANSANS 781 

thousaud dollars was spent for a beautiful Kausas exhibit. This brought 
Kansas much before the public eye. Her merits were more than ever 
discussed and investigated, and many new citizens were added to her 
people as a consequence. 

On January 29, 1873, the two houses of the Legislature met in a joint 
session, to ballot for a United States Senator to succeed Pomeroy, whose 
term had expired. Before the vote was taken State Senator Alexander 
M. York rose and accused Pomeroy of bribing him to vote for him — 
Pomeroy. Pomeroy was defeated. 

On the twenty-fourth of March, Senator Caldwell resigned and Gov- 
ernor Osborn appointed Robert Crozier to fill his unexpired term. Also, 
he appointed John Francis to succeed the State Treasurer, Josiah E. 
Hayes, who had been impeached and resigned. 

In 1877, Governor Osborn was defeated for United States Senator by 
Preston B. Plumb. 

He was appointed United States Minister to Chili by President Hayes 
in 1877. He filled this distinguished position for four years, at the end 
of whicli time he was sent by President Garfield to Brazil as United States 
Minister. His diplomatic career was distinguished for its scrupulous 
care and attention to the business and interest of the United States. 

On his return to Kansas, in 1885, he made it known that he had no 
further desire for pulilic office, prefeiTing private life. But he was elected 
State Senator in 1889 by Shawnee County. He was active politically 
till the day of his death. In 1888 he was head of the Kansas Delegation 
at the National Republican Convention. 

Governor Osborn 's wife, always fragile in health, died in 1892. In 
1898 he became engaged to Mrs. Marguerite Fowler Richmond, of Mead- 
ville, Pennsylvania. She was a beautiful woman, and of a noted family. 
But before the wedding took place Governor Osborn died. His death 
occurred February 4, 1889, at Meadville, a few days before the time fixed 
for the wedding. It was caused by a hemorrhage of the .stomach. Gov- 
ernor Osborn 's body was brought to Kansas, and placed beside that of 
his wife in a Topeka cemetery. 

He was one of the most brilliant govcDior.s of Kansas, and bis long 
career as an honored statesmen is a soiirce of State pride. 



CHAPTER Lll 
GEORGE T. ANTIIO-NY 

By Mrs. Edith Connellev Ross 

George T. Anthony was born on a farm near the town of Mayfield, 
Fulton County, New York, June 9, 1824. He came of Quaker stock, both 
his parents being of the Society of Friends. From them he inherited his 
love of liberty, his unerring sense of justice, hi.s hatred of slavery and all 
its attendant evils. 

When he was but five years of age his father died. He was the 
youngest of a family of five children, and the mother had a hard time 
to keep her little ones from want. So he early came in contact with the 
hardships and serious phases of life. 

His youth was sjaent on a farm. At eighteen he apprenticed himself 
to a tinner, at Union Springs, Cayuga County. He followed this trade as 
a journeyman for five years. The necessity of earning his living made 
his attendance at any regular term.s of school an impossibilitj*. His 
education was acquired during short intervals snatched from his work, 
when he studied and read to the bcs-t of his ability. But though his 
education lacked the polish and varied accomplishments of a college 
training, he gathered a broad fund of knowledge, and his intimate 
acquaintance with the realities of life, with people and their varied 
problems, deepened his sympathies and give him an insight into human 
nature that many a graduate lacks. 

When nineteen years old he settled in Medina, New York, where he 
opened a small hardware store. He continued this enterprise for nine 
years, working fourteen to sixteen hours a day. It was at this time that 
he met his wife, Miss Rose A. Lyons, of Syracuse, to whom he was 
married, December 14, 1852. Later he entered the commission business, 
and in due time was made Loan Commissioner for Orleans County. This 
position he held for three years. 

When President Lincoln is.sued his call for additional troops, in 1862. 
George T. Anthony was chosen one of a committee of seven to organize 
troops in the twenty-eighth District of New York. He threw himself 
into the work with great fervor, and in four days organized the Seven- 
teenth New York Independent Battery of Light Artillery. He was 
commissioned Captain of this Battery when it was mustered in, August 
26, 1862. He .saw continuous active service in the war until June 12. 
186"). when the officers and men of the Battery were nnistered out. The 
782 



KANSAS AND KANSANS 783 

Battery was noted for its fine appearance and training, and upon its 
discharge George T. Anthon.y was brevetted Major of Volunteers for 
gallant and meritorious service. 

Mr. Anthony and his wife came to Kansas in 1865, and located in 
Leavenworth. There he edited the Lenveinrcrth Daily BuUefm and the 
Leavenworth Daily Conservaiivc. He subsequently became proprietor 
and editor of the Kansas Farmer. In this enterprise his Jiroad knowledge 
of farming stood hiin in good stead. He held before the farmers a 




Gov. Gkohoe T. Anthony 

• [^'op.v by Willard of j'ni'trait in Librai-y of Kansas State Historical 
Soi-icty] 

higher standard of home life and reronniu'U(h'd a rotation of crops, sys- 
tem in farming, care of maj^hinery and stoik. and many other innova- 
tions, far in advance of the times. 

In December. 187:3, he was nppointed Ass-istant Asae.s.sor of United 
States Internal Kcvenuc. nml on -Inly 11. 1868, was made Collector of 
Internal Revenue. 

At the expiration of his term Anthony was appointed President of 
the Kansas State Board of Agriculture, which position he held three 
years. He was tlien appointed ouo of the Board of Manager.s for the 



784 KANSAS AND KANSANS 

Philadelpliia Centennial Exposition, wliieh place he filled with great 
ability for two years. 

In 1876 Anthony was nominated as tiie Republican candidate for 
Governor of Kansas, and elected. In his message to the Legislature of 
1877 he reeomjnended a reformatory for youths, apart from the peni- 
tentiary. Several important acts relating to state institutions were 
passed at this session of the Legislature. 

During the year 1877 the temperance movement advanced rapidly 
in Kansas. Thousands of persons .signed the pledge, and a State Tem- 
perance Society was organized. Also the "Woman's Christian Temper- 
ance Union." A temperance wave, forerunner of prohibition, was sweep- 
ing the State. 

Many interesting events of minor historical value filled Governor 
Anthony '.s administration. It was during his first year as Governor that 
the first telephone in the State of Kansas was installed, at Manhattan. A 
strike of the Atchison, Topeka and Santa Fe Railroad employees became 
so serious as to demand the presence of troops to subdue it. Governor 
Anthony sent them immediately to the .scene of action and stopped th€ 
rioting. 

In September, 1878, the Indians on the Western frontier again began 
hostilities. When they were in the vicinity of Fort Dodge, Governor 
Anthony appealed to the general government for aid. As this was 
refused the Governor .sent Adjutant General Noble, fully equipped, to 
protect the threatened districts. After committing a series of outrages 
the savages were finally subdued. Many were captured, tried in the 
criminal courts of the State, and punished. This was the last Indian 
raid in Kansas. 

Because of political dissensions, Governor Anthony's candidacy for 
Governor in 1879 was defeated. 

In 1881 he was appointed General Superintendent of the Me.xican 
Central Railroad, which position he held two years. He was elected to 
the Kansas Legislature in 1885 from Leavenworth County, It was due 
to his efiforts during this session that the National Soldiers Home was 
located in Kansas. In 1889 the Executive Council of Kansas elected 
Governor Anthony a member of the Board of Railroad Commissioners. 
Three years later he was re-elected. He w-as appointed Superintendent 
of In.surance by Governor Morrill in 1895, which position he was holding 
at the time of his death. This occurred on August 5, 1896. He was 
buried in a Topeka cemetery. His funeral was very simple. He was sur- 
vived by his wife and one son. 

Governor Anthony was aggi'essively iMinesl, always eager for the 
advancement of his beloved Kansas, a loyal, great-hearted citizen. His 
oratory will be remembered for its beauty of logic and reason. 



CHAPTER LIII 

JOHN PIERCE ST. JOHN 

By Mrs. Edith Connellet Ross 

John Pierce St. John, the eighth governor of Kansas, was born at 
Brookville, Franklin County, Indiana, on the twenty-fifth of Febru- 
ary, 1833. His parents came originally from New York State. 

The first fourteen years of St. John 's life were spent on his father 's 
farm. The boy obtained only such education as the crude public 
schools of that period and locality furnished. 

In 1S4S he removed with his parents to Olney, Illinois. Here both 
his parents died soon after settling in their new home. In 1852 he 
crossed the plains to California. There he had a varied career — he 
mined, chopped wood, clerked — anything to pay his expenses. He also 
fought in the Indian Wars of 1853-5-1, iu Northern California and 
Southern Oregon. Here he learned the endurance of a soldier, being 
twice wounded and often exposed to the greatest danger. But his early 
ambition to be lawyer never faltered during his life of adventure, and 
at night, after a day's hard work, he would study the few law books 
lie had purchased, by the flickering light of the fire. 

During this period of adventure, he visited Mexico, South Amer- 
ica, the Sandwich Islands, and many other places of interest. 

In 1859 he returned to Illinois, poor in purse, but rich in experi- 
ence and knowledge of human nature. He completed his law studies 
in the offices of Starkweather and McLain, at Charleston, Coles County. 
In this city he married his wife, Susan J. Parker, on the twenty-eighth 
of i\Iareh, 1860. Two children were Iwni to them, John P. St. John, 
Jr., and Li;Iu. 

During the Civil War, St. John served as Captain of Company C, 
68th Illinois Volunteer Infantry, enlisting in April, 1862. Later he 
organized the 143d Regiment, Illinois Volunteer Infantry, of which he 
was Lieutenant-Colonel. He remlerod srallant service during the war. 
In 1865 he moved to Independence, Missouri, where he practiced law 
for four years. He then located permanently in Olathe, Kansas. 

St. John was an ardent Republican, standing firmly for whatso- 
ever he believed to be right. 

In 1872 he ropresentod his district in the State Senate. In 1876 he 
declined the nomination for Governor of Kansas tendered to him by 
the Prohibition party. However, he was elected to that office two 
Vol n— IS 

785 



786 KANSAS AND KANSANS 

years later by the Republicans, and held the Governorship for two 
terms. He was defeated for a third term in 1882, by George W. Glick. 
The Legislature of 187!) provided for tlic building of the west wing 
of the State House, and for the erection of a State Reform School, at 
Topeka. Also, as Governor St. John was a firm temperance man, and 
as the temperance movement was steadily gaining in power, the Legis- 
lature voted by a joint resolution to submit to a vote of the people an 




Gov. John P. St. John 

[Copy by Willard of Portrait in Library of Kansas State Historical 

Society] 

amendment to the Constitution of Kansas, prohibiting within the state 
the "manufacture and sale of intoxicating liquoi-s," except for medi- 
cal and scientific purposes. This amendment was adopted at the gen- 
eral election in 1880. 

In 1881 the Legislature passed the Prohibitory Law, an act to 
enforce the constitutional aniendinoiif. and since then Kansas has stood 
staunchly for prohibition, and profited greatly thereby. 

Beginning in 1874, many colored people emigrated to Kansas from 
the South. This emigration culminated in 1879 in a grand rush for 
Kansas by lai-ge numbers ol" e.N-slaves. Tliis influx was known as the 



KANSAS AND KANSANS 787 

"Exodxis" and so important was it that the "Exoduster" became well 
known to Kansas politics and history. Poor, homeless, trustful, the 
Exoduster displayed the traits of his race in unfailing cheerfulness 
and childlike trust in Providence. A Freedman's State Central Asso- 
ciation was formed, with Governor St. John at the head, and much was 
done for the relief of the negroes. Large sums of money were donated 
for that purpose. Many of the Exodusters grouped together and 
founded the town of Nicodemus, in Graham County. Others settled 
on small patches in the different Kansas towns and gradually acquired 



In 1869, by a treaty, the Osage Indians had sold their lands, 
amounting to 8,000,000 acres to the Leavenworth, Lawrence and Gal- 
veston Railroad Company. The settlers on the land feared they 
would lose their homes, so in 1874, suit was brought to test the validity 
of the patents issued to the Railroad companies for the Osage lands. 
After seven years of waiting, the case was decided in favor of the 
settlers. 

During Governor St. John's administration. President Hayes and 
General Grant visited Kansas. They were much surprised and grati- 
fied at her excellent enndition. and paid many compliments to her splen- 
did schools and institutions, her patriotism and advancement. 

Governor St. John's administration was distinguished for straight- 
forward honesty. The Governor's enthusiasm for rigid standards of 
honor was so great as to almost amount to fanaticism. The adminis- 
tration was not marred by a .single questionable act. 

In 1884, when the Republican National Convention at Chicago 
refused to take any position against the saloon, he left the Republican 
party and joined the Prohibitionists. In July, 1885, he was nominated 
by that party for President and received over 150,000 votes. This 
defeated Blaine. 

Later, he joined the People's Party in Kansas. He was always 
foremost in any party that seemed to him to offer most advantages for 
mankind. 

Governor St. John died at Olathe at the age of eighty-three years, 
August 31, 1916. 

The enactment of the statutes giving Kansas the Prohibitory Law 
came in the administration of Governor St. John, as already stated. 
This was the principal achievement of Governor St. John. It was an 
important event in the history of Kansas, and is treated in the following 
cbnptor. 



CHAPTER LIV 

PROHIBITION IN KANSAS 

By Claea Francis, Libraeian, Kansas State Historical Society 

First Liquor Legislation 

Proliibitiou iu Kansas was no sudden uprising of a people against 
the liquor tralBc; no movement of a few fanatics, long haired men and 
short haired women ; nor should it be attributed to a puritanical desire 
to legislate morals into a state. Ratlicr it was a crystallization of the 
slowly developed sentiment of a majority of the people in Kansas into 
an expression on the dramshop laws under which the liquor traffic was 
operated. 

That Kansas should have been the first state to incorporate a pro- 
hibitory amendment in her constitution is not unique. She was zeal- 
ously striving for a better liquor law ; she had the benefit of the experi- 
ence of other states. And furthermore she was young; she had no 
traditions to violate and few precedents to follow. With her the times 
were plastic. One of her enemies was the liquor traffic, and with a 
vision far beyond her years she started out to destroy it. 

Between the passage of the prohibitoiy amendment and the vote 
upon it, nearly two years elapsed. And they were two years of strife, 
each faction contending vigorously for its own belief. There was not 
a household in which prohibition and anti-prohibition were not dis- 
cussed ; there was not a pulpit from wliieli the principles of temper- 
ance were not heard; there was not a platform whereon the advocates 
of one side or the other had not expounded its views. The newspa- 
pers argued the question pro and con, sometimes with extreme bitter- 
nes.s. and sometimes with traiuinil i-aniestness and justice, desiring only 
the "greatest good to the greatest number." 

It was the people who were to decide this question, and it was the 
people who were thinking deeply upon it. The vote was the final word 
of the people of the whole state, not of any one locality, nor of any 
one nativity, for it came from a population that had been drawn from 
nearly every quarter of the United States. And to attribute the 
result to any one faction or set of people is to make a great mistake. 
Public opinion is easily traced and to follow it on the temperance move- 
ment in Kansas needs no special insight. But to understand its growth 
one should begin at the very beginning. 



KANSAS AND KANSANS 789 

The dram-shop law of 1855, taken bodily from the Missouri Statutes, 
was a local option law, and a reasonably good one even though one 
of the execrated "Bogus Laws." Because it was the first liquor law. 
effective in Kansas, through the action of the Territorial Legislature, 
and because all further action in restraint of di'am-shops was based 
upon it, it is here given in full : 

An Act to restrain dram shups and toverus, and to regulate the sale of 
intoxicating liquors 

Be it enacted by the Governor and Legislative Assembly of the Territory 
of Kansas, as follows : 

Section 1. A special election is hereby ordered to be held on the first 
Monday of October, in the year of 1855, and on the first Monday of 
October every two years thereafter, in each municipal township in every 
county in the territorj-, and in each incorpoi-ated city or town in the 
territory, to take the vote of the people upon the question whether dram 
shops and tavern licenses shall be issued in the said township, incor- 
porated city or town, for the next two years thereafter. 

Sec. 2. At said election polls shall be opened at the usual place of 
voting in each township, incorporated city, or town, which shall be 
headed as follows, respectively: "In favor of dram shop," "Against 
dram shop ; " and if the voting shall be by ballot, ballots shall be inscribed 
as above, respectivel.y. 

Sec. 3. At such election all the qualified voters of the township, or 
of any incorporated city or town, shall be allowed to vote in such town- 
ship, or incorporated city or town, and not elsewhere. 

Sec. 4. Upon election being held, the tribunal transacting county 
business for the several counties in the territorj' shall examine, ascertain 
and adjudge in what township, incorporated city or town, a majority 
of all the qualified voters of said township, incorporated city, or town, 
have voted affirmatively in favor of dram shops in said township, in- 
corporated city, or town, and thereupon, the tribunal transacting county 
business in the respective counties in the territory may, during the next 
ensuing two years, grant license to dram shops, tavern keepers and 
grocers, to .such persons and under such restrictions as ai'e hereinafter 
designated and provided. 

See. 5. For and during the two years next ensuing the said election, 
no dram shop or tavern license shall be granted to any person within any 
township, incorporated city, or town, unless a majority of the votes 
polled at said election shall declare in favor of granting said license. 

See. 6. Before a dram shop license, tavern license, or grocer license 
shall be granted to any person applying for the same, such person shall 
present to the tribunal transacting county business a petition or recom- 
mendation signed by a majority of the householders of the township ; 
if in the county in which such dram shop, tavern or grocerj- i.s to be 
kept, or if the same is to be kept in an incorporated city or town, a 
petition signed by a majority of the householders of the block or square 
in which said dram shop or tavern or grocery is to lie kept, recommending 
such person as a fit per.son to keep the same, and reciuesting tliat a 
license be granted to him for such purpose. 

Sec. 7. The city authorities of an incorporated town in this ter- 
ritory, authorized by its charter to grant dram shop or tavern license 
or grocers' license, shall only grant such license to persons wlm have 
previously secured a similar license from the trilmnal transacting county 
for the c()Uiit\- ill wiiirh s;ii(l citv or town is situated. 



790 KANSAS AND KANSANS 

Sec. 8. Upon every liceuse granted to a dram shop keeper and upon 
any license granted to a tavern keeper or grocer, there shall be levied a 
tax of not less than ten dollars nor more than five hundred dollars, for 
county purposes, for every period of twelve months, the amount of tax 
to be determined by the tribunal granting the license. 

Sec. 9. If any person who, without taking out and having a license 
as grocer, dram shop keeper or tavei-n keeper, shall, directly or indirectly, 
sell any spirituous, vinous, or fermented or other intoxicating liquors, 
shall be fined in any sum not less than one hundred dollars for each 
offence; and any person convicted of violating this provision shall, for 
every second or subsequent offence, be fined in a sum not less than the 
above named, and shall in addition thereto, be imprisoned in the county 
jail not less than five nor more than thirty days. 

Sec. 10. Any person, having license as aforesaid, who shall sell any 
intoxicating liquor to any slave without the consent of the master, 
owner or overseer of such slave, shall be deemed guilty of a misdemeanor, 
and shall be fined in a sum not less than one hundred dollars nor more 
than five hundred dollars, and imprisonment in the county jail not less 
than ten nor more than thirty days, and shall, upon conviction, forfeit his 
license; and no license as grocer, dram shop keeper or tavern keeper shall 
again be granted to said person during the two years ensuing the said 
conviction. 

Sec. 11. Any person who shall keep open any ale. beer or porter 
house, grocery, dram shop or tippling hoTise, or shall sell or retail any 
fermented, distilled or other intoxicating liquors, on the first day of the 
week, commonly called Sunday, shall on conviction thereof, be adjudged 
guilty of misdemeanor, and fined in a sum not less than one hundred 
dollars nor more than five liundred dollars, and shall be imprisoned in 
the county jail not less than ten days nor more than thirty days ; if 
such person is licensed as grocer, dram shop keeper, or tavern keeper, 
he shall, in addition to the above provisions, forfeit said license, and 
shall not again be allowed to obtain a license under the law for a period 
of two year.s next after conviction. 

Sec. 12. Before any person shall be licensed as a dram shop keeper 
or grocer, or tavern keeper, under the provisions of this act, he .shall 
execute to the tribunal transacting county business, in favor of the 
county where he appeals for a license, a bond in the sum of two thousand 
dollar.s, with at least two securities, to be approved by the court, condi- 
tioned that he will not keep a disorderly house; that he will not sell, or 
permit to be sold, any intoxicating liquors to any slave without the 
consent of the master, owner or overseer of such slave; that he will not 
keep his dram shop, tavern or groceiy open on Sundays; nor will he 
sell, allow to be sold, thereat, on Sunday, directly or indirectly, any in- 
toxicating liquor: and upon said person being convicted of any of the 
offences eniimerated therein, suit may be brought against said principal 
and securities, to recover the amount of the fine or fines adjudged 
against him on said conviction, in any court of competent jurisdiction. 

This act to take effect and be in force from and after its passage. 

This law was in force for four years, or until 1859, when the gen- 
eral revision did away with these so-called "Bogus Laws." Some scat- 
tered communities, however, had not been content -with its provisions. 
Desiring more stringent measures, they had sought to accomplish pro- 
hibition by organizing towns wherein the sale of liquor was prohibited, 
and where a clause inserted in the deeds revoked the title should liquor 



KANSAS AND KANSANS 791 

ever be sold in any building erected on the property. Emporia was 
one of these towns, Topeka and Baldwin were others. 

In casting about for the first glimmerings of prohibition in Kan- 
sas there arises for consideration the social movement involved in vari- 
ous lodges and secret societies. During the period between 1855 and 
1859 there were such orders organized through the territory and most 
of them embodied temperance pledges in their constitutions. These 
lodges were often the only social outlet of remote groups of people, 
therefore the membership was large and the interest keen. Essentialiy, 
their share in fostering temperance sentiment was no inconsiderable 
one. 

The Topeka Movement 

The Topeka Legislature, authorized by the Topeka constitution, had 
temperance brought to its notice immediately upon its assembling. This 
was the Free-State movement which so long stood in opposition to the 
cause of the general Government, and which represented the real sen- 
timent of the people of Kansas. The Legislature convened on March 
4, 1856, and the next day the House was asked for the use of Constitu- 
tional Hall, its place of meeting, for a temperance meeting. This 
request was granted. On the 11th the following memorial on the sub- 
ject of prohibition was presented to the House by John Brown, Jr., 
one of its members. This memorial oanie from fifty-six women of 
Topeka, and on motion of Mr. Tuton was accepted, and on motion of 
Mr. William Crosby was referred to the committee on "Vice and 
Immorality. ' ' 

To the Honourable the Senate and the Tfoupe of Representatives of the 
State of Kansas: 

The undersigned your memoralists, citizens of Kansas, and the wives 
and daughters of your constituents beg leave respectfully to present 
to your honourable body that in the opinion of your memoralists the 
public interests require "that suitable laws be immediately passed to 
prevent the manufacture and importation for sale or use as a beverage 
within the State of Kansas of any distilled or malt liquors. 

It is not necessary for us in view of your own observations and the 
united testimony of all experience to enter into a minute discussion 
of the evils resulting to all classes of society from the use of intoxicating 
drinks as a beverage. Ever since the first manufacture it has been 
the aim of legislators to pass restraining laws, to prevent its use each 
year in the older states of the union new enactments have been found 
necessary until the Statute books have become literally loaded down with 
provisions on this subject. 

It was not until witliin a few years that the true method was devised 
for its eradication and then those imaginary rights long established and 
entrenched behind the bulwark of law, and even of State constitutions 
were found in the way of an efTectual remedy. Not so in Kansa-s here 
every thing is new, and those privileges acquired by law and long estab- 
lished customs do not exist. No one can point to the precedent of several 
general generations to sustain him in doing that which he frankly admits 
to be a wrong upon Society. Here in Kansas we are laying the founda- 



792 KANSAS AND KANSANS 

tion of a new society and you as the first law making power recognized 
by the people shonld examine with the greatest circumspection the evils 
existing in older States and by wise and .judicious enactments protect 
the moi-al and social interests of the community. You will not [attempt] 
to pass by or neglect the enacting of stringent laws for the sale of 
lottery tickets the selling of unwholsome food, the adulterating of 
flour &c. 

How then can you fail to give attention to a subject which iraprover- 
ishes a whole nation brings wretchedness and misery in its train, fills 
the land with mourning and sends the widow's wail and orphans snb to 
heaven for relief. 

Into the plastic material whieh you have the power to mould into 
form, and clothe with lineaments and In-cath and in view of the great 
suffering entailed on us the females of the State who are unable by 
persuasion and kindness to influence those we love in the channel which 
leads to temperance prosperity and happiness and in view of their oft 
repeated declarations that if the destroyer could be removed from their 
sight and reach they would alistain from its use we therefore urgently 
but respectfully pray you to take our memorial into consideration and 
enact such laws in consonance with its spirit which your wisdom may 
suggest. 

(Signed) ilR.s. L. M. Moore and 55 others, 
The ladies of Topeka. 

A second memorial was presented by Mr. Brown on March 12th, 
from ninety women of Lawrence, "praying the passage of stringent 
prohibitory laws, in relation to the sale and use of intoxicating liquors. ' ' 
This memorial was likewLse referred to the committee on Vice and Immor- 
ality. No further action was taken on these petitions, for on March 
15th the Legislature took a recess until July 4th, when it convened 
only to be dispersed immediately after roll call, by Col. Sumner and 
his command on the order of the Government of the United States. 

Women, however, were not the only early temperance workers, nor 
was all the strength of the movement found in petitions. There were 
men who were willing to go some lengths to keep the liquor traffic in 
bounds. In the spring of 1856 a Missourian opened a saloon in Big 
Springs. The few inhabitants protested in vain. He continued his 
business apparently secure in the protection of his friends. Finally, 
failing to dislodge him by more peaceful means, forty men went to 
his establishment, took out three barrels of whiskey and burned them. 
The agitation on the question of temperance had had its effect on this 
little community of Douglas county. From this time on the destruc- 
tion of liquor by an exasperated community was not of infrequent 
occurrence. In this instance the man's nativity doubtless militated 
strongly against him. 

"Topeka, a little later, was likewise the scene of a whistv riot." 
In spite of a provision made by the Topeka Association against the 
sale of intoxicating liquors, saloons had opened in flie town, but liad 
been quickly put out of business. In the spring of 1857 a liquor estab- 
lishment of some pretensions was opened on Kansas Avenue. Because 
of the capital invested in stock and equipment a good deal of uneasi- 
ness was felt, and there was some hesitation manifested as to the wis- 



KANSAS AND KANSANS 793 

dom of attempting to deal with it as its forerunners had been dealt 
with. However an altercation brought matters to a climax. One of 
the patrons in a half drunken rage began the smashing. No sooner had 
the sound of the fray traveled through the open windows and doors than 
assistance rallied to him. Bottles and glasses went through the win- 
dows, while kegs and barrels were I'olled into the street, the heads 
knocked in and the contents emptied into the gutters. 

When everything had been destroyed the raiders went on to another 
place where beer was known to be stored and poured that into the 
street. Uncontrollably excited they pursued their quest through the 
town, visiting every place where the slightest suspicion could rest. 
Blood was spilled as well as liquor, and lawsuits grew out of this whole- 
sale destruction. It was said that over $1,500 worth of property was 
smashed and poured out. 

The Act op 1859 

Upon the revision of the laws in 1859 the dram shop law was much 
changed and became more difficult of enforcement as will be noted by 
a careful reading of its provisions. 

An Act to restrain Dram Shops and Taverns, and to regulate the sale 

of Intoxicating Liquors 
Be it enacted by the Governor and Legislative As.sembly of the Territory 
of Kansas : 

Section 1. That, before a dram shop license, tavern license or 
grocery licen.se shall be granted to any person applying for the same, 
such person, if applying for a township license, shall pi-esent to the 
tribunal transacting county business, a petition of recommendation, 
signed by a ma.iority of the householders of the township or the county 
in which such dram shop, tavern or grocery is to be kept, or, if the same 
is to be kept in an incorporated city or town, then to the city council 
thereof, a petition, signed by a ma.iority of the householders of the ward 
in which said dram shop, or tavern, or grocery' is to be kept, recommend- 
ing such person a fit person to keep the same, and requesting that a 
license be grantetl to him for such purpose. 

Sec. 2. That upon every license granted to a dram shop keeper, and 
upon every license granted to a tavern keeper or grocery, there shall 
be levied a tax of not less than tifty dollars nor more than five hundred 
dollars, for every period of twelve months, the amount of tax to be 
determined by the tribunal granting the license. The said tax to be paid 
into the treasury of the county or city granting such license. And it 
shall be the duty of the board of county supervisors to appropriate all 
moneys received for license under this act for the benefit of the township 
in which such license was granted. 

See. 3. That any person, without taking out and linving a license as 
grocer, dram shop keeper, or tavern keeper, wiio shall, directly or indi- 
rectly, sell any spiritous, vinous or fermented, or other intoxicating 
liquors, shall be fined in any sum not more than one hundred dollars 
for each offence, and any person convicted of violating these provisions 
shall, for every second or subsequent offence, be fined a sum not more 
than the above nanwd. or may be indicted for a misdemeanor, and fined 
not les.s than five liundrerl dollars, and imprisoned in the county .jail not 
more than six months. 



794 KANSAS AND KANSANS 

Sec. 4. That any i^ersou who sliall keep open any porter, ale, or beer 
house, grocery, dram shop or tippling house, or shall sell or retail any 
fermented, distilled or intoxicating liquors on the first day of the week, 
commonly called Sunday, the fourth of July, or upon an election day, 
shall, on conviction thereof be adjudged guilty of a misdemeanor, and 
fined a sum not less than twenty-five dollars nor more than one hundred 
dollars, and be imprisoned in the county jail not less than ten nor more 
than thirty days. If such person is licensed as a grocer, dram shop 
keeper, or tavern keeper, he shall, in addition to the above provisions, 
forfeit his license, and shall not again be allowed to obtain a license under 
the law for the period of two years next after conviction. 

Sec. 5. That, before any person shall be licensed as a dram shop 
keeper, or grocer, or tavern keeper, under the provisions of this act, he 
shall execute, to the tiibunal granting such license, a bond, in the sum 
of two thousand dollars, with at least two securities to be approved by 
said tribunal, conditioned that he will not keep a disorderly house ; that 
he will not sell or permit to be sold any intoxicating liquoi's to any minor 
without the consent of the guardian of such minor; that he will not 
keep his dram shop, tavern or grocery open on Sundays, fourth of July, 
or any election day, nor will he sell or allow to be sold thereat, on 
Sunday, fourth of July, or any election day, directly or indirectly, any 
intoxicating liquors : and, upon said person being convicted of any of the 
offences enumerated therein, suit may be brought against said principal 
and securities, to recover the amount of the fine or fines adjudged 
against him on said conviction, in any court of competent jurisdiction. 

Sec. 6. That it shall be unlawful for any person or persons, by 
agent or otherwise, to sell intoxicating liquors to persons intoxicated or 
who are in the habit of getting intoxicated, or any married man, against 
the known wishes of his wife. 

Sec. 7. That all places where intoxicating liquors are sold, in viola- 
tion of this act, shall be taken, held and declared to be common nuisances, 
and all rooms, taverns, eating houses, bazaars, restaurants, groceries, 
coffee houses, cellars or other places of public resort, where intoxicating 
liquors are sold in %aolation of this act, shall be shut up and abated as 
public nuisances. 

Sec. 8. That it shall be unlawful for any person to get intoxicated, 
and every person found in a state of intoxication shall, upon conviction 
thereof before any justice of the peace, be fined the sum of five dollars. 

Sec. 9. That every person who shall, by the sale of intoxicating 
liquors, cause the intoxication of any other person, such person or 
persons shall be liable for and compelled to pay a reasonable compensa- 
tion to any person who may take charge of and provide for such intoxi- 
cated person, and one dollar per day in addition thereto for every day 
such intoxicated person shall be kept in consequence of such intoxica- 
tion, which sum may be recovered by a civil action before any court 
having jurisdiction. 

Sec. 10. That everj' wife, child, parent, guardian, employer, or otlier 
person, who shall be injured in person or property or means of support, 
by any intoxicated person or in consequence of intoxication, habitual 
or otherwise, of any person, such wife, child, parent, guardian, employer 
or other person shall have a right of action in his or her own hand 
against any person who shall by selling intoxicating liquors, have caused 
the intoxication of such person for all damages actually sustained, as 
well as exemplary damages; and a married woman shall have right to 
bring suits, prosecute and control the .same and the amount recovered, 
the same as if a fe7ne sole, and all damages recovered by a minor under 
this act sliall be paid either to such minor or to his or her parents, 



KANSAS AND KANSANS 795 

guardian or next friend, as the court shall direct, and all suits for 
damages, under this act, shall be by civil action in any of the courts of 
this Territory having jurisdiction thereof. 

Sec. 11. That the giving away of intoxicating liquors or other 
shifts or devices, to evade the provisions of this act, shall be deemed 
and held to be an unlawful selling within the provision.s of this act. 

See. 12. That for all fines and costs assessed against any person 
or persons for any violation of this act, the real estate and personal 
property of s'uch person or persons of every kind, without exemption, 
shall be liable for the payment thereof, and such fines and costs shall be 
a lien upon such real estate until paid ; and, in case any persons shall 
rent or lease any building or premises, and knowingly suffer the same to 
be used and occupied for the sale of intoxicating liquors, contrary to 
this act, such building and premises so leased and occupied shall be held 
liable for and may be sold to pay all fines and co.sts assessed against 
the person occupying such building or premises for any violation of 
this act. 

Sec. 13. In all prosecutions under this act, by indictment or other- 
wise, it shall not be necessary to state the kind of liquors sold, but shall 
be necessary to describe the place where sold, and for any violation of 
the fourth or fifth sections, it shall not be necessary to state the names 
of any person to whom sold, and, in all eases, the person or per.sons to 
wliom intoxicating liquors shall be sold, in violation of this act, shall be 
competent witnesses, to prove such fact or any other tending thereto. 

See. 14. Justices of the peace shall have jurisdiction and take cog- 
nizance of offences under this act, and shall have authority to impose 
fines not to exceed one hundred dollars, or to bind over for appearance 
at the proper court, under the act concerning criminal procedure. 

Sec. 15. All corporated cities, containing one thousand inhabitants 
or more, shall be entirely exempt from the operations of this act, and 
such cities shall have full power to regulate licenses for all purposes 
and dispose of the proceeds thereof. 

Sec. 16. This act shall take effect aiul be in force from and after its 



Approved February 11, 1859. 

The exemption of all incorporated towns of 1,000 or more inhabi- 
tants did not meet with unqualified approval, and other provisions of 
the law failed to entirely satisfy the temperance people. There was a 
strong sentiment among them for a law so stringent that prohibition 
of the liquor traffic would result. 

The Wyandotte Constitutional Convention 

In the meantime the constitutional convention was soon to meet at 
Wyandotte and some expression of the already strong temperance 
sentiment in the territory was looked for there. Without disappoint- 
ment it came on July 11, 1859, when Mr. John Ritchey, a delegate 
from Shawnee county, introduced the following resolution: 

liesolred. That the constitution of the State of Kansas shall confer 
power on the legislature, to prohil)it the introduction, manufacture, or 
sale of .spiritous liquors within the State. 

On motion of Mr. Blunt this resolution was referred to the Com- 
mittee on Legislative Department. On July 23 the matter came up 



796 KANSAS AND KANSANS 

for discussion when Mr. H. D. Preston, of Burlingame, offered the fol- 
lowing section : 

See. — . Tlie legislature shall have power to regulate or prohibit the 
sale of ak-oliolie liquors, except for mechanical and medicinal purposes. 

A motion was made to 1al)le the scL-tion, hut it failed to carry, and 
a warm discussion followed. Solon 0. Thacher, of Lawrence, was 
opposed to the section. He held that it would be a grievous mistake 
to load special legislation on the constitution, believing that it would 
tend to defeat it before the people. Ajid that if eventually a pro- 
hibitory law was demanded by the people the legislature could, and 
should, pass such an act but that enemies of the con.stitution would be 
only too glad to seize upon a provision of that kind. He closed his 
argument with an appeal: 

Don't let us jeopardize the interests of our party by bringing in ques- 
tions of this kind. In New York it was sought to be inserted there, but 
it was opposed by the strongest temperance men in the State, upon the 
ground tliat it was not in the issues at all. The great issue with us being 
freedom or slavery, let us settle this question. 1 beg of you not to incor- 
porate a handle for our enemies to employ against us. Leave it to the 
Legislature, and let us pass only upon our legitimate business. 

One of those strongly in favor of the sections was William Hutchin- 
son, the newspaper correspondent, and a delegate to the convention 
from Shawnee county. Among other things he said: 

. . . I believe there is some necessity for the passage of this 
section. If it were true that we are to straggle forever for the freedom 
of Kansas : if it were true that the one (luestion of slavery was to be kept 
forever alive in Kansas, then I would like to see nothing but what would 
bring "nigger" before our eyes; but I believe there are questions of the 
utmost importance which will come before us, a.s well as that question. 
If we are looking to the future moral as well as political well being of 
Kansas, let lis throw a guard around it, while the power is in our hands. 
It can do no harm. 1 doubt whether there is a man in the whole state 
who will vote against the constitution in consequence of a provision of 
that kind. 

Another delegate opposed to the section was J. G. Blunt, of Leaven- 
worth. He objected to voting down the constitution by loading it with 
extraneous issues, and maintained that the history of the temperance 
cause ill tlie United States bad proved that little good ever resulted 
from attempting to legislate upon it in this way. "The legislature 
has jurisdiction over this matter, and has authority to pass stringent 
laws upon the subject." Mr. J. M. "Winchell, the president of the 
convention, was likewise opposed to it, believing the section to be 
unnecessary. 

Mr. Preston objected to Mr. Thacher 's arguments and in defense 
of the section said: 

I want to know if we have not several articles in substance like this, 
already in the constitution, saying the legislature shall have power to do 



KANSAS AND KANSANS 797 

this thing and tliat thing? If the legislature has power to act without 
special constitutional enactment, why not say that they shall have power 
to do what they please? If the legislature should ever want to enact a 
liquor law, I suggest that there should not be anything in their way. 

Mr. Stinson of Leavenworth made the statement "that in Maine, 

where there is no con.stitutional provision, a law has been declared 
constitutional more stringent than any you will get here." 

After some further argument Mr. Preston witlidrew the section, 
and the discussion of the subject of temperance legislation was dropped 
in the Wyandotte Constitutional Convention. 

Growth of Temperance Sentiment 

During the years following, temperance sentiment continued to grow, 
and agitation went on. There were "liquor spillings" here and there, 
and various other forms of dissatisfaction were manifested. In 1860 
an act was passed by the Territorial Legislature prohibiting the sale, 
exchange, gift or barter of spiritous liquors or wine to any Indian 
within the Territory, unless directed by a physician for medical pur- 
poses. A heavy penalty was attached to any violation of this law. 
By this time the Indians had become so adept at evasions and excuses 
to obtain whiskey, that there was great need of this enactment, and it 
was but a matter of protection for them. 

On October 9, 1861, occurred the tirst annual meeting of the Kan- 
sas State Temperance Society, and the following resolvftions were unani- 
mously 



h' ('solved. That we look to the churches of our State for earnest 
co-o]ieration in the work of Temperance, and we suggest that self-defense 
will di'inand total abstinence fi-om intr xic-atiiig drinks as a beverage as 
one test of membership. 

h'esolred. That we invite and expect all Ministers of the Gospel to 
actively support our cause, and linjx^ tliat in every part of the State, 
they will take immediate steps to organize auxiliary societies. 

Resolved. That every friend of Temperance should labor for the 
enactment of a law, prohibiting the sale of all alcoholic drinks as a 
l)cveragc in our State. 

li'csiiJrrd. That the sale of int'^xicating liquors as a beverage should 
be put ii|)nn a par with other crimes, and be punished as severely at least 
as theft. 

Rrsolvrd. That the practice oF using domestic wines in families is 
deletei'ious to the int(>rest8 of the Temperance cause. 

1!( xoh'pd. That as temperance men we discountenance the use and 
sale of intoxieatincr liquors as a l)everage by refusing our patronage to 
those who engage in their manufacture and .sale, especially by refusing to 
dispose of oui- products foi' their inanufactnrc 

The jiersonnel of this convention is intei'esting. names appeai'ing 
that had been known to the territory from the begiiniing. These men 
were those who had helped in the Free-State movement, who had been 
membcT's of the Territorial assemblies, and who had heen prominent in 
various other wa\s. Dr. .Amorv TTniiting was senior vice-presi(ie!it, 



798 KANSAS AND KANSANS 

H. M. Greene was secretary pro tern. Among the new officers elected 
that year were J. P. Root, H. A. Seaver, Abraham Ellis, who afterwards 
was known as "Bullet-hole Ellis" on account of a bullet-hole in his fore- 
head which he received at the hands of Quantrill on March 7, 1862. 
Benoni "Wheat, W. W. Updegraft', J. C. Douglas, F. W. Giles, J. C. Bur- 
nett, a member of the "Wyandotte Constitutional Convention, and Dr. 
Peter Me Vicar, all representative citizens and coming from then widely 
scattered communities. 

It was during the Civil War that a precedent for Carrie Nation and 
her hatchet was established by the women of Mound City. It had been 
an unwritten law that no saloon.s should exist in the town. But an 
enterprising individual, seeing what he thought a good opening on 
account of a command of soldiers stationed nearby, came into the village 
and started a bar-room. It of course became an intolerable nuisance to 
the citizens. Drunken soldiers were a common sight. Practically all 
of the able-bodied men were in the army, so the women imdertook to cope 
with the situation. One morning a wagon load of women from the 
direction of Moneka, a village a mile and a half northwest of Mound 
City, drove into town. They were .supplied with hatchets and axes, and 
were soon joined by a squad of their Mound City .sisters. The company 
marched straight to the open door of the saloon and tiled in. Some one 
made a move to intervene, but was promptly stopped by a revolver in 
the hands of a bystander, who told him he would shoot if he attempted 
to interfere with the women. The women drove out the bar-keepers and 
the loungers, ancT then deliberately broke every bottle, glass and decanter 
in .sight, and knocked in the heads of every barrel and keg. Having 
completed their work they filed out and went to their homes, and a saloon 
was no more in Mound City, for the result was a prohibition that pro- 
hibited for many years without assistance of law or courts. 

By 1866, so sti-ongly were people becoming imbued with temperance 
principles that a measurable pi-ohibition of the liquor traffic was being 
enforced in many of the counties of the state and in several of the cities 
of the third class. This year saw the enactment of a special law for the 
benefit of the public schools of the town of Humboldt in Allen County. 
The money derived from the granting of a dram-shop license was to be 
turned to the use of the scliools in that village. A vicarious good to 
grow from ill-gotten gains. This plan was also followed in some other 
localities. 

The winter of 1866-1867 found distinguislied speakers from abroad 
working in the temperance cause in Kansas. One of them. Dr. Charles 
Jewett, of Connecticut, lectured in Topeka during the session of the 
Legislature. All this was inclined to stimulate legislative activity along 
the line of temperance, and that winter, 1867, the dram-shop act of 1859 
was amended. The change in section one of the law was a distinct 
advance, providing as it did, that the petition or recommendation pre- 
sented to the county tribunal for a township license must be signed 
by a ma.iority of both nKile and fcnwle residents of the township, of 
twenty-one years of age and over. If the petition was for a town or 



KANSAvS AND KANSANS 799 

city it must contain the signatures of a majority of the residents of the 
ward of twenty-one years of age or over, both male and female, before its 
presentation to the city council. Section two was amended in the 
amount of tax levied, "not less than $50 nor more than $500 for every 
period of twelve months." Section fifteen was repealed. This section 
exempted all coi-porate cities of 1,000 or more inhabitants from the 
operations of the act and gave them the power to regulate licenses and 
dispose of the proceeds derived therefrom. 

There was likewise passed at this session of the Legislature an act 
prohibiting the sale of intoxicating liquors in the unorganized counties 
of the state. The penalty for violation of this law was a fine of not less 
than $100 nor more than $1,000, or confinement in jail for a term of not 
less than four nor more than twelve months. 

The Law op 1868 

By legislative act approved Feb. 18, 1867, the appointment of a 
commission was authorized to revise and codify the laws. Their report 
was adopted by the Legislature of 1868. And on March 3, 1868, "An 
Act to restrain dramshops and taverns and to regulate the sale of intoxi- 
cating liquors" was approved. The basis for this law was the law of 
1859 amended in 1867, and as will be seen, it differed very little from 
the law of 1859. 

An Act to restrain dramshops and taverns, and to regulate the sale of 
intoxicating liquors 

Be it enacted by the Legislature of the State of Kansas : 

Section 1. Before a dramshop license, tavern license or gi'ocery 
license shall be granted to any pei-son applj'ing for the same, such person, 
if applying for a township license, shall present to the tribunal transact- 
ing county business a petition or recommendation, signed by a majority 
of the residents of the township, of twenty-one years of age and over, 
both male and female, in which such dramshop, tavern, or grocerj- is to 
be kept; or if the same is to be kept in any incorporated city or town, 
then to the city council thereof, a petition signed by a majority of the 
residents of the ward, of twenty-one years of age and over, both male 
and female, in which said dramshop, tavern, or grocery is [to be] kept, 
recommending such person as a fit person to keep the same, and request- 
ing that a license be granted to him for .such purpose : Provided, That 
the corporate authorities of cities of the first and second class may, by 
ordinance, dispense with the petition mentioned in this section. 

Se<!. 2. Upon every license granted to a dramshop keeper, and upon 
eve7\y license granted to a taveni keeper or grocei-y keeper, there shall be 
levied a tax of not less than one hundred dollars nor more than five hun- 
dred dollars for every period of twelve months; the amount of the tax 
to be determined by the tribunal granting the license; the said tax to be 
paid into the treasury of the county or city granting such license. And 
it shall be the duty of the board of county commissioners to appropriate 
all moneys received by such tribunal for license under this act, for the 
benefit of the township in which such license was granted; and all incor- 
porated cities sluiU appropriate the moneys received by such cities for 
license under this act, as the council tliercof may ]irovide. 

Sec. 8. Any person, witliout taking out and having a license as 



800 KANSAS AND KANSANS 

grocer, dramshop keeper or tavern keeper, who shall, directlj- or indi- 
rectly, sell any spirituous, A^nous or fermented or other intoxicating 
liquors, shall be fined in any sum not more than one hundred dollars for 
each offense ; and any jjereon convicted of violating these provisions, shall, 
for every second or subsequent offense be indicted for a misdemeanor, 
and fined not less than five hundred dollars and imprisoned in the county 
jail not more than six months. 

Sec. 4. Any person who shall keep open any porter, ale or beer 
house, grocery, dramshop or tippling house, or shall sell or retail any 
fermented, distilled or intoxicating liquors on the first day of the week, 
commonly called Sunday, the fourth of July, or upon any election day, 
shall, on conviction thereof, be adjudged guilty of a misdemeanor, and 
fined a sum not less than twenty-five dollars nor more than hundred 
dollars, or be imprisoned in the county jail not less than ten nor more 
[than] thirty days, or by both such fine and imprisonment. If such 
person is licensed as a grocer, dramshop keeper or tavern keeper, he 
shall, in addition to the above provision, forfeit his license, and shall not 
again be allowed to obtain a license under the law for the period of two 
years .next after conviction. 

See. 5. Before any pereon shall be licensed as a dramshop keeper, 
or grocer, or tavern keeper under the provisions of this act, he shall 
execute to the tribunal granting such license a bond to the sum of two 
thousand dollars, with at least two securities, to be approved by said 
tribunal, conditioned that he will not keep a disorderly house; that he 
will not sell or permit to be sold any intoxicating liquors to any minor, 
without the consent of the guardian of such minor ; that he will not keep 
his dramshop, tavern, or grocery open on Sundays, fourth of July, or 
any election day, nor will he sell or allow to be sold thereat, on Sunday, 
fourth of July, or any election day, directly or indirectly, any intoxi- 
cating liquors; and, vipon said person being convicted of any of the 
offenses enumerated therein, suit may be brought against said principal 
and securities, to recover the amount of fine or fines adjudged against 
him on said conviction, in any court of competent jurisdiction. 

See. 6. Every person who shall, directly or indirectly, knowingly 
sell, barter or give away any intoxicating liquor to any person who is in 
the habit of being intoxicated, after notice shall have "been given him by 
the wife, child, parent, brother or sister of such person, or by any civil 
officer charged with the care and custody of the poor of the township, 
city or ward where he resides, that such person is in the habit of being 
intoxicated, or to any person in a state of intoxication, or to any minor 
without the consent of his parents or guardian, shall be deemed guilty of 
a misdemeanor, and, upon conviction thereof shall be punished by fine 
not less than five nor more than one hundred dollars, or by impri.sonment 
not less than ten nor more than sixty days, or by both such fine and 
imprisonment. 

Sec. 7. All places where intoxicating liquors are sold, in violation 
of this act, shall be taken, held and declared to be common nuisances; 
and all rooms, taverns, eating houses, bazaars, restaurants, groceries, 
coffee houses, cellars or other places of public resort, where intoxicating 
liquors are sold in violation of this act, shall be shut up and abated as 
public nuisances. 

Sec. 8. It .shall be unlawful for any person to get intoxicated; and 
every person found in a state of intoxication shall, upon conviction 
thereof, before any justice of the peace, be fined the sum of five dollars. 

Sec. 9. Every person who shall, by sale, barter or gift of intoxi- 
cating liquors, cau.se the intoxication of any other person, such person or 
persons shall be lialile for and compelled to pay a reasonable compensa- 
tion to any person who may take charge of and provide for such intoxi- 



KANSAS AND KANSANS 801 

cated person, and five dollars per day in addition thereto for every day 
such intoxicated person shall be kept in consequence of such intoxication ; 
which sum may be recovered by a civil action before any court having 
jurisdiction. 

Sec. 10. Every wife, child, parent, guardian, employer or other 
person, who shall be injured in person or property or means of support, 
by any intoxicated pereon, or in consequence of intoxication, habitual or 
otherwise, of any person, such wife, child, parent, guardian, employer or 
other person shall have a right of action in his or her own name against 
any person who shall, by selling, bartering or giving intoxicating liquors, 
ha-ve caused the intoxication of such person, for all damages actually sus- 
tained, as well as exemplary damages : and a married woman shall have 
the right to bring suits, prosecute and control the same and the amount 
recovered, the same as if unmarried ; and all damages recovered by a 
minor under this act shall be paid either to such minor or to his or her 
parents, guardian or next friend, as the court shall direct ; and all suits 
for damages, under this act, shall be by civil action in any of the courts 
of this state having jurisdiction thereof. 

Sec. 11. The giving away of intoxicating liquors, or other shifts or 
device to evade the provisions of this act, shall be deemed and held to be 
an unlawful selling within the provisions of this act. 

Sec. 12. For all the fines and costs assessed against any person or 
persons for any violation of this act, the real estate and personal prop- 
erty of such person and persons, of every kind, not exempt, shall be 
liable for the payment thereof, and such fines and costs shall be a lien 
upon such real estate until paid ; and, in case any"person or persons shall 
rent or lease any building or premises, and knowingly suffer the same to 
be used and occupied for the sale of intoxicating liquors, contraiy to this 
act, such building and premises, so leased and occupied, .shall be held 
liable for and may be sold to pay all fines and costs assessed against the 
person occupying such building or premises, for any violation of this act. 

Sec. 13. In all prosecutions under this act, by indictment or other- 
wise, it shall not be necessary to state the kind of liquors sold, but shall 
be necessary to describe the place where sold ; and for any violation of 
the third or fourth sections, it shall not be necessarj' to state the name 
of any person to whom sold; and, in all cases, the person or persons to 
whom intoxicating liquors shall be sold, in violation of this act, shall be 
competent as witnesses to prove such fact or any other tending thereto. 

Sec. 14. All sales of intoxicating liquors, made by a keeper of a 
dramshop, on a credit, shall be void and of no effect, and the debt thereby 
attempted to be created shall not be recoverable at law. 

Sec. 15. This act shall take eft'eOt and be in force from and after its 
publication in the statute book. 

Approved, March 3, 1868. 

Influence of Temper.vnce Societies 

Until 1870 the temperance movement in Kansas had no real cohesion, 
but from that date to the time of the vote on the prohibitory amendment 
a continued and united effort was made to bring about a satisfactory 
change in the dramshop law. By 1870 temperance was a topic of nation- 
wide discussion. The church, always a vital power in the temperance 
movement, was holding revivals throughout the country. The Murphy 
or Blue Ribbon Workers were increasing in numbers. And all this was 
leading up to the "Woman's Crusade" inaugiirated at Hillsboro, Ohio, 



802 KANSAS AND KANSANS 

in 1873, when after a temperance revival the women of the town under- 
took by a crusade of prayer to drive the saloons from their city. 

Prior to this time, probably the most potent factor in the temperance 
movement in Kansas had been the Independent Order of Good Templars, 
a national temperance society, organized at Utica, N. Y., in 1851, and 
an outgrowth of the Sons of Temperance which had been organized some 
ten years previous. Article two of its constitution was the pledge that 
"No member shall make, buy, sell or vise, as a beverage, any spiiatous 
or malt liquors, wine or cider, and shall discountenance the manufacture 
and sale thereof, in all proper ways. ' ' In 1858 Tecumseh had a flourish- 
ing lodge of Good Templars. Lawrence, too, was an early stronghold. 
On September 26, 1860, a Grand Lodge was organized at Leavenworth 
by delegates from ten subordinate lodges over the territory. At one 
time and another previous to the organization of the Grand Lodge there 
had been thirty-four subordinate lodges in Kansas. 

The Grand Lodge proceedings of 1866 speak of an awakened interest 
in temperance throughout the land. In New York a National Temper- 
ance Society had been organized issuing publications and sending out 
lecturers. And some discussion was evoked as to the propriety of making 
the Kansas Grand Lodge an auxiliar^^ society to the National Temperance 
association that they might gain thereby the advantage of the "powerful 
advocacy of its press and the influence flowing from its publishing 
house." For some years the Good Templars in Kansas had deprecated 
the lack of temperance literature and were therefore anxious to seize 
opportunities that offered the publicity of the press, and gave them a 
channel for their propaganda. 

In 1871 a member of the Good Templars brought to the Grand Lodge 
the suggestion that some action be taken to secure an amendment to the 
laws on the suppression of the liquor traffic, "the laws, as they now 
stand, being practically a dead letter. ' ' He asked that petitions be cir- 
culated and presented to the Legislature at its next session praying for 
"a law w^hich shall better suppress the sale of intoxicating drinks." The 
Good Templars had by this time increased to 173 lodges in the state with 
a total membership of some 3,000 people, and had, of course, a corre- 
sponding influence in public affairs.- 

The effect of their work developed in the legislative session of 1872 
when Dr. James H. Whitford of Garnett introduced, on January 11. 
House bill No. 7, "An Act to provide against the evils resulting from 
the sale of intoxicating liquors in the State of Kansas. ' ' The temperancc 
people were fortunate in securing the ear of a man of Dr. Whitford 's 
type. He understood legislative procedure, having served in the House 
of Representatives in 1870, and was a man of large and varied experi- 
ence. He was born in Circleville, Ohio, in 1822, and as a boy helped 
his father in a wool-carding mill. After reaching manhood he was for 
a time engaged in the contracting and cousti-uction of public works in 
both Ohio and Virginia. In 18;i2 he went to California, where he mined 
gold for two years. Returning to his native state he began the study of 
medicine in 1856. attending Starling Medical College, and graduated in 



KANSAS AND KANSANS 803 

1858. He practiced at Royalton, Ohio, uutil the beginning of the Civil 
War, and in August, 1861, was appointed assistant surgeon to the 30th 
Ohio Infantry, and commissioned surgeon in March, 1862, which posi- 
tion he filled until July 29, 1865. After the battle of Antietam he acted 
as Brigade surgeon, and after Chickamauga as Medical Director of the 
Fourth Division, Fourteenth Army Corps. For some months he served 
as Medical Director of the Wheeling district. After the close of the war 
he practiced at Circleville for a short time, moving to Garnett, Kansa.s, 
in 1867, where he continued the practice bf his profession. 

Unfortunately no copy of House Bill No. 7, nor its substitute, 
has been preserved. We can only judge it by its title, by newspaper 
notices, and by the antagonism created against it among the liquor- 
dealing element in the state. The bill was introduced, as has been noted 
early in the session, and on account of the opposition dragged a wear>' 
length through the House. Dr. Whitford had been made chairman of 
the special committee on bills relating to the sale of intoxicating liquors. 
With three others on this subject. House bill No. 7 was referred to his 
committee. On January 25, it was reported back to the House without 
amendment and with the recommendation that it pass. Later it was 
returned to the committee for further consideration and on Feb. 6, they 
reported a substitute to the House. A minority report was made on 
Feb. 8, and here follows : 

Mr. Spk.\ker : The undersigned, a minority of your Committee to 
whom was referred all bills and petitions relating to the sale of intoxicat- 
ing drinks, unable to agi-ee with the majority of said Committee in all the 
details of tlieir report, beg leave to submit the following report : 

By the provisions of the bill recommended b.y the Committee but one 
grade of license is to be granted, and that embracing tlie sale of all kinds 
of distilled wines and fermented liquors, thus throwing the whole of the 
traffic in the milder beverages, such as wines and fermented liquors into 
the hands of the licensed whi.sky shops; especially will this be the case 
under the heavy license and bonds required to obtain a license. We think 
this policy unwise, because many of our citizens, especially those of 
foreign birth, who are in the habit of using these milder beverages seldom 
or never indulge in the more hurtful and intoxicating liquors, and thej- 
would not desire to be obliged to go into and patronize the whisky saloon, 
in order to get a glass of wine or of beei'. Instead of giving a monopoly 
of the sale of all these beverages to the whisky saloons virtually, prohibit- 
ing wine and beer houses, we ^vould reverse the rule and authorize the 
selling of wines and fermented liquors manufactured within this State, 
on mild and equitable terms, holding, of course, the licensed party to a 
strict responsibility for any violation or abuse of his privilege, while we 
demanded of the dealer in distilled, drugged and adulterated liquors 
heavier license and severer penalties. 

To accomplish this, the minority of your Committee recommended the 
following amendment as an addition to section one of the bill reported 
by the Committee: 

Provided, That for the exclusive sale of wines and fermented liquors, 
manufactured within this State, the bond for license shall be in the sum 
of five hundred dollars, and conditioned that he will only sell wines and 
fermented liiiuors manufacfured \Aithiii tliis State, and 



804 KANSAS AND KANSANS 

Provided further, That the tax for said license shall not exceed two 
hundred dollars for any one year ; and 

Provided further, That nothing herein contained shall be construed 
to prevent the manufacture of wine and fermented liquoi-s within the 
State from selling at wholesale in tJie usual way, without having obtained 
a license under the provisions of this act. 

G. P. Smith, 
E. Sells. 

From accounts drawn from several newspapers it appeal's that Section 
one of IJiis bill provided that a bond of $3,000 must be given as security 
before a license could be obtained. Section two provided that it should be 
unlawful to sell to minors, to intoxicated pereons or to those in the habit 
of getting intoxicated. Section four provided that every person who 
should l>y the sale of intoxicating liquor cause intoxication of any other 
persons should be liable for and should be compelled to pay a reasonable 
compensation for the care of such intoxicated person. Section five pro- 
vided for the right of action against the seller of intoxicants in the event 
of injury in person, property or support. The remaining sections defined 
fines and penalties for violation of the law ancl wei-e not included in the 
account. On February 13th the bill came up for final consideration and 
passed the House by a vote of 57 yeas to 34 nays. On the 14th it was 
messaged to the Senate and there was referred to a special committee who 
eventually reported it back to the Senate with some amendments. It was 
re-committed for further consideration, and later, the Senate, in Com- 
mittee of the Whole, moved that the special committee be instructed to 
report as soon as the bill was printed. But since this motion was had only 
four days prior to the adjournment of the Legislature, and since no action 
was taken on it, it is but natural to believe that the bill died in the hands 
of the committee. 

The petitions submitted to the Legislature asking for favorable action 
on this bill were surprisingly numerous and proved the activity of the 
Independent Order of Good Templars. Nearly fifty petitions were pre- 
sented to the House and some fifteen to the Senate. A conservative esti- 
mate of the number of signatures would place it at 6,000 names. Seven 
remonstrances against any change in the laws governing the liquor traffic 
were suljmitted, aggregating some 3,000 signatures. 

The newspapers took an active part in this campaign, those of Leaven- 
worth and Atchison were naturally strongly opposed to any change in 
the liquor laws. The Leavenworth Times of January 28th had this to 



The new li(|uor hiw is deiiiaiiding the attention of the people of the 
state to a very large extent. It does not seem possible that the legisla- 
ture will seriously attempt to pass the proposed law. 

If they do, it can never be enforced in this city, and will only result 
in the abandonment of all laws for licensing and restraining the traffic. 

Iowa has a law similar to the one proposed in our State, and the 
result tliere is tliat anyone who can buy a gallon of whisky becomes a 
retailer. 

In Massachusetls; iirDliiliitdi'v laws lijive proved failures, ami the use 



KANSAS AND KANSANS 805 

of liquors liave constantly increased since the law was passed. Good sense 
ought to govern, and we think will. If so, our legislature will let well 
enough alone, and we will move along smoothly. 

The Atchison Weekly Champion of February 3rd had a long article on 
' ' The Liquor Law, ' ' from which the following is quoted : 

Every year for at least ten years back, tliere have been members of 
the legislature who have insisted on tinkering away at the liquor laws. 
Occasionally they have made changes, and in one or two instances have 
submitted entirely new acts for the old acts. The legislature of this 
winter is, as usual, discussing the subject of the liquor law. 

Then follows an argument on the impossibility of a law, unsustained 
by public sentiment, becoming effective. The same argument that has 
been used since time immemorial against any legislation tending to raise 
the moral standai'd of a people. The article closes with this paragraph : 

And hence we go back to the first principles of legislation and urge 
our legislators to remember that laws not sustained by the popular will 
are always, in this country, inoperative, inexpedient, impractical and 
useless. It is well to let well enough alone. 

Many open letters were published in the papers both for and against 
the proposed liquor law, but the policy of the larger newspapers was 
undoubtedly against so stringent a measure, and inclined strongly to the 
"let well enough alone" theory. 

That the liquor dealers took an active hand in the campaign is shown 
by the following newspaper extracts : 

One day la.st week German circulai's were distributed around town 
calling a meeting of the Gennans for the evening. 

The object was to effect an organization for the purpose of defeating 
any movement for changing the laws of the state in relation to the sale 
of liquor, and to meet and defeat temperance work in general. 

A convention is called for the 30th of January, to meet at Topeka. 
. . . This convention is styled "anti-temperance." 

What are we coming to is a problem worthy the serious attention of all 
who have the welfare of the community at heart. That the labors of the 
friends of temperance and sobriety, and of implanting principles of 
industiy and morality in the c-liaractcrs of thi- >(inlli (if our land, have a 
work to do, the magnitude of which is (hiil\- iinMcasint:-. shmihl he recog- 
nized as a startling reality. 'J'njii L'li Still, l,'i riinl. .]:ili. '24. 1S7'_'. 

P'roin tlie Leave nirorth Times \\v liiul tliat the "Anti-Liquor Law Con- 
vention came off according to plans, and that its meeting was considered 
successful. There were present 119 delegates from over the state, resolu- 
tions were passed, and the convention adjourned subject to call. The 
resolutions were to the effect that all restrictions necessary were already 
imposed by the dramshop act of 1868. They recited that the liquor 
dealers were among the heaviest tax payers in the state. That they were 
a most respectable Ijody of business men "desirous of obeying every just 
law, and the legislation on so personal an affair as what a man should cat 
and drink was contrarv to the constilution of the United Slates and all 



806 KANSAS AND KANSANS 

liberty." They further stated that experience had proven such stringent 
laws ineffectual and that the convention should "heartily unite against 
the movement now on foot to crush oiu" social liberties by fanatics. And 
that further trust be refused any party that upholds the principles enun- 
ciated in the temperance law now before the legislature." Copies of 
these resolutions were sent to the Speaker of the House and to the Presi- 
dent of the Senate to be presented to the Legislature as a protest against, 
the law. 

A resolution looking to a permanent organization of the liquor dealers 
was also passed. 

The activity of the temperance people, and they were exceedingly 
busy during the legislative session, is shown through the many announce- 
ments of temperance meetings and in fact that the State Temperance 
Union held its annual meeting in Topeka while the Legislature was in 
session. An urgent invitation was extended to the Legislature to attend 
the sessions of the Temperance Union. 

How this invitation was received is illustrated by an extract from the 
Leavenworth Times of January 18. 

Yesterday a letter was sent to a prominent brewer of Leavenworth, 
stating that if he wanted to defeat the bill regulating the sale of intoxi- 
cating liquors, he would have to send up some beer, and this afternoon 
(Jan. 16), when the legislature received an invitation to attend a session 
of the State Temperance Convention, the announcement was also received 
that five kegs of beer had arrived from Leavenworth. So much for a 
practical joke. 

On motion of Gen. Strickler the representatives of the Times, Commer- 
cial and Call were included in the invitation to the Temperance Conven- 
tion, and the anti-Temperance men, not to be thwarted by anjihing of 
this kind, included the repoi'ters in the invitation to the beer banquet. 
The Congressional aspirants, who were obliged to attend both "blow- 
outs" were somewhat exhausted and hope to have more harmony among 
their constituents hereafter. 

Of a meeting on the evening of Februan- 5th the newspaper says that 
tlie temperance men rallied in force at representative hall. "Not only 
were the cold-water men there but the cold-water girls as well. On a 
whole it was a temperance victory, and an ice-water ovation. Speeches 
were made, all for the bill." That the bill was already lost was a fore- 
gone conclusion, and probably none knew it better than the ' ' cold water 
men," but public sentiment was being educated. 

The Repubi.icax Party Recognizes Temperance 

In 1873 prohibition began to be talked of in Kansas but not hopefully. 
The Legislature of that year was inclined to leave temperance legislation 
alone. A bill was introduced in the House to amend the dram-shop law 
of 1868 but was reported adversely by the committee to which it was 
referred. By the next year temperance was once more to the fore. The 
"Women's Crusade" had reached the state and in several towns women 
went into saloons, praying with the saloon keepers and the patrons. In 



KANSAS AND KANSANS 807 

some instances they had even engaged in "liquor spilling." From the 
stories of that criisade, that have been handed down, it is hard to decide 
which the men felt the most keenly having the women pray with them or 
having them empty the whiskey bottles and barrels. One was an annoy- 
ance and a humiliation, the other angered them! Certain it is that many 
fairly reputable citizens and politicians were prayed over by the women 
of the towns in which they lived, and it is a matter of history that more 
than one wife was forbidden to "go out with the praying women. ' ' 

In the Legislature of 1874 House Bill 209 was the menace to the liquor 
dealei-s. It passed the House and was messaged to the Senate where it 
was referred to the committee on Retrenchment and Reform. John P. 
St. John, who was a member of the Senate, made a desperate effort in 
behalf of the bill. It was finally reported but its consideration was 
blocked by innumerable motions and finally it died on the calendar. That 
session some thirty-four petitions asking for a prohibitory law were pre- 
sented to the Senate, and that the liquor dealers regarded the movement 
seriously is evidenced from the presenting of a petition ' ' containing over 
12,000 bona fide signatures" from citizens of Kansas "protesting against 
any alteration or amendment of the present liquor law. ' ' 

Public sentiment was becoming more favorable to the cause of temper- 
ance. A deeper sense of responsibility was being manifested by legis- 
lators. At the Republican State Convention of 1874 one of the planks in 
the platform was an indorsement of temperance principles. "Resolved, 
That drunkenness is one of the greatest curses of modern society, de- 
moralizing everything it touches, impo.sing fearful burdens of taxation 
upon the people, a fimitful breeder of pauperism and crime, and a 
worker of evil, continually. Hence we are in favor of such legislation 
both general and local as experience shall show to be the most effectual 
in destroying this evil." This was the first recognition of the question 
in Kansas, by a great political organization, and it at lea.st pledged that 
party to its discussion. 

Attempt to Amend the Law op 1868 

On September 10 and 11, 1874, a Temperance convention was held 
at Leavenworth for the purpose of organizing a Temperance party. 
There had been much argument among temperance advocates and 
workers as to the advisability of such a step. Five years before, tha 
National Prohibition party had been organized at Chicago, Sept. 1, 
1869. The movement was inaugurated in the Grand Lodge of the 
Independent Order of Good Templars at a meeting at Oswego, N. Y. 
And a committee had issued a call for a national convention to organ- 
ize a prohibition party. There were present at that convention 500 
delegates, from 20 states. The causes leading vip to this move on the 
part of temperance organizations were ver;\' simple and a recital of them 
can not be out of place here. During the Civil War persons engaged in 
the liquor trade of the United States had organized for offensive and 
defensive warfare against all prohibitory legislation. Their plan was 



808 KANSAS AND KANSANS 

to attempt to secure if possible the repeal of all existing prohibitory 
laws, or failing in this, to prevent their legal enforcement. The Brew- 
er's Congress of 1867 declared they would sustain no candidate of 
whatever party in any election, who was, in any way, disposed toward 
total abstinence. Both the Republican and Democratic parties had 
refused to declare for prohibition, both could be arraigned for com- 
plicity with the liquor traffic. There was a conflict in state and fed- 
eral authority. A national policy of license and a local law of prohi- 
bition demanded a new party entirely committed to the overthrow of 
the legalized traffic in liquors. This last argument could be used in 
favor of organizing local prohibition parties and doubtless entered into 
tlie initial steps which led to the Leavenworth convention. At that 
convention a ticket was nominated headed by Dudley C. Haskell as the 
candidate for Governor. Mr. Haskell declined to run, as did many of 
the other nominees, and the ticket put into the field was not strong 
enough to create great feeling. There were only nine counties of the 
State represented in the convention, and among temperance workers 
generally there was a disposition to withhold approval and support. 
It is interesting to note here that this year (1874) the prohibition candi- 
date for president received 110 votes from Kansas. 

The Kansas Grand Lodge of Good Templars passed resolutions 
endorsing the Leavenworth convention and recommending that the mem- 
bers of the subordinate lodges labor to secure the election of the State Tem- 
perance ticket. The movement, however, was in a measure a failure 
and the strong endorsement of temperance principles in the Republican 
state platform of that year (1874), discouraged further attempts to 
organize a separate party at that time. The temperance following natu- 
rally looked to the Republican party in Kansas to carry out their princi- 
ples and in this they were not to be disappointed. 

There were three different bills introduced in the Senate of 1875 to 
amend the dram-shop act of 1868, these either died on the calendar or 
were killed in committee. Three bills were also introduced in the House 
that year, one. House Bill 9, was passed and messaged to the Senate 
where it was referred to the committee on Judiciary which reported it 
back with the recommendation that it be rejected, since its object was 
already accomplished by laws on the statute book. 

Renewed effort was made in 1876 to secure legislation relating to 
restraint of dram-shops. A bill, nmnher 216, was introduced in the 
House by J. J. A. T. Dixon of Russell county, on January 24 ; it passed 
on February 22, fifty-five yeas and 38 nays. At the evening session 
Mr. Glick asked to have spread upon the journal this protest : 

Mr. Speaker: I enter my protest against the passage of House Bill 
no. 216, An act to amend section 1 of chapter 35 of the General Statutes 
(>f 18G8. rdaliiHjr to dramshops, for the following reasons: 

1. A prohibitory liquor law, wherever tried, has been a failure, and 
has not aceoniplislied its purposes. This proposition is conceded by all 
those who have given the subject a careful consideration, and were not 
controlled bv fanaticism. 



KANSAS AND KANSANS 809 

2. This bill, if passed iuto a law, will result in the increased use of 
intoxicating liquors, as no one will attempt to enforce such a law. 

3. The regulation and control over the traffic in intoxicating liquors 
in cities is an absolute necessitj' for the preservation of the peace and 
good order of society, and that control over it is taken away by this bill. 

4. The revenue derived from the sale of intoxicating liquors aids in 
paying the burdensome expenses following in the wake of such sales, but 
by this law the burdens on the public are increased, while the ability of 
the public, and more especially the cities, to prevent them is decreased. 

5. The liquor traffic will, by this bill, if it becomes a law, greatly 
increase the number of places wherein liquor is sold, and as a necessary 
result the evils of the traffic will be greatly increased, the expenses of 
protecting life and property and preserving the peace of the public in 
cities greatly inci-eased, with no resulting benefit from this bill, if it 
becomes a law. 

6. The evils resulting from abolishing the license system will result 
in turning politics of cities over to those who will secure the election 
of officers who will not prosecute or aid in enforcing the law, by which 
the moral character of all cities will" sufPer and crime will be greatly 
inci-eased, with no adequate power to prevent it. 

I am satisfied that my constituents do not desire any change in the 
present liquor law. I believe they are satisfied with its provisions, and 
under its operation they have been able to control its traffic, prevent 
the evils and abuse incident thereto, and preserve the peace and quietude 
of the city, and prevent increased immorality and law-breaking without 
being compelled to submit to increased taxation that would be needed if 
this bill becomes a law. G. W. Glick. 

We join in tlie foregoing. 

J. M. Heddens, 
John Bates, 
C. C. Duncan, 
A. J. Campbell, 
Sanford Haff. 

The next day, February 23, a member from Leavenworth moved to 
reconsider the vote on House Bill 216, but his motion was lost, and the 
bill was messaged to the Senate February 28. It was killed on March 2, 
two days before final adjournment of the Legislature. 

Continuation of the Work 

There was a reform ticket in the field in 1876 but the vote polled was 
so insignificant that it has not been thought worth while to follow it. 
The candidate for Governor was a member of the Independent Order of 
Good Templars and a man believing firmly in prohibition, but he 
received only 393 votes. The Temperance Convention had nominated 
St. John but he declined the nomination. 

In the Legislature of 1877 the friends of temperance were again 
active. A bill was introduced in the Senate to amend the dram-shop law 
of 1868. It passed and was sent to the House, where it was referred to 
the committee on Judiciary and that was the last heard of it. Petitions 
were presented in both branches of the Legislature asking for favorable 
consideration of this liill, but thcv came to nothing. 



810 KANSAS AND KANSANS 

The ilui'pliy or Blue Eibbon movement swept over the state this 
year. It had been inaugurated in Lawrence by E. B. Reynolds of 
Indiana. In speaking of this movement the Proceedings of the Grand 
Lodge of Good Templars for 1S7S says: "While it has doubtless done 
great good and the cause of temperance thereby been materially 
advanced, it can never supply the place of our Order. . . . "We 
are now approaching a crisis. Our State is making a mighty effort to 
free itself from the terrible thraldom of intemperance. Our Order was 
the first organization to hoist the hanner of temperance in the State ; it 
should continue to be first in carrying forward this great work, not 
opposing any other organizations, hut working with them for the accom- 
plishment of the same grand purpose; and when we shall have con- 
quered the last enemy the first shout of final victory should ascend from 
our ranks. ' ' 

The following year, 1878, was election year and the temperance people 
over the state were interested in the candidacy of John P. St. John for 
Governor. He had been identified with the temperance movement ever 
since coming to Kansas in 1869, had lectured for the cause and had, 
during his service in the State Senate, been a strong partisan in temper- 
ance legislation. The Republican platform of this year recognized the 
growth of temperance sentiment in the party by inserting the following: 
••. . . . earnest in securing election ... to the Legislature, 
men who will represent upon all questions the best sentiment of the 
people, and who will labor earnestly for the enactment of such laws as 
the best interest of soeiety, temperance and good order shall demand." 
Duriug this year a temperance revival was in pi-ogress over the state; 
a temperance camp meeting was held at Lawrence ; total abstinence was 
urged, and following the Blue Ribbon workers hundreds signed the 
pledge. Wilder says, "The people heard this gospel gladly, and the 
lawyers and politicians went with the crowd. So Kansas conquered 
raffianism, rebellion, and rran. . . ." On the other hand the liquor 
dealers were violating every restrictive feature of the license law. There 
was among them a spirit of lawlessness and shamelessness that was more 
detrimental to their cause than any other one thing. With defiance they 
sold liquor on Sunday, sold to minors, to hesotted drunkards, and to any 
one who hrought the money. So great became their utter disregard of 
law that not only the well known temperance advocates, hut all classes 
of people began to discuss the advisability of advanced legislation on the 
sul).ieet. 

J.. R. Detwiler 

About this time a zealous worker in the temperance cause living at 
Osage ilission, J. R. Detwiler, became convinced that the hour had stnick 
for united action for a prohibitory law. No practical suggestions had 
heretofore borne fruit. There had been much discussion, many peti- 
tions, and some legation, but still the liquor traffic flourished. lS\r. Det- 
wiler began at the beginniiiii' and counciled a constitutional amendment 



KANSAS AND KANSANS 811 

that would prohibit the iiquoi- traffic in the state, since it was not believed 
that the Legislature could legally enact a prohibitory measure siiffi- 
cieutly stringent. He began to investigate the subject and came to the 
conclusion that in any event the submission of a constitutional amend- 
ment afforded an excellent method of measuring public sentiment on the 
saloon question. It had been maintained that the people were not pre- 
pared for so radical a measure, and of course it would follow that a law 
not suppoi-ted by jiublic sentiment would fail of enforcement and the 
moral effect would be correspondingly detrimental. He says, "The 
more I considered the scheme the stronger became the impression that it 
\\as feasible, and that the time to strike had come. ' ' 

Strong in this belief, he wrote an article on the licpor traffie and 
took it to a local paper for publication. It was refused, the editor con- 
sidering it too radical. Thereupon Mr. Detwiler, acting upon the advice 
of a friend, who like himself was an ardent prohibitionist, decided to 
establish a temperance paper devoted to prohibition. And it was thus 
that the Temperance Banner was raised in October, 1878, and continued 
thx-ough two years of stormy effort. The leading editorial of the first 
number advocated both state and national prohibition of the liquor 
ti'affic by constitutional law. 

ilr. Detwiler took a bimdle of these papers and went to Fort Scott 
to attend the Grand Lodge of the Independent Order of Good Templars. 
He distributed his paper, and his proposition met with favor. At this 
meeting the following resolution was adopted : 

Resolved, That we, as a Grand Lodge, petition the Legislatui'e of the 
State of Kansas, that they do .submit to the people of said State, at the 
ballot box a constitutional amendment prohibiting the importation, sale 
and manufacture of intoxicating liquors within the boundary of the 
aforesaid State. 

Eesolved, That a committee of three be appointed to prepare said 
petition and present the same at the sitting of the next Legislature. 

The committee named consisted of J. J. Fields, James Grimes and 
L. BrowTi. At this meeting of the Grand Lodge Mr. Detwiler was 
chosen Grand Worthy Chief Templar, which placed him at the head of 
the order in Kansas. The provisions of the resolution were can-ied out, 
the petition drafted and copies sent to the 200 subordinate lodges to be 
circulated among the voters of the state. The success of this effort will 
be shown later. 

John P. St. John Elected Governor 

Meanwhile the election had passed off, giving St. John a majority of 
2,744 votes. He was duly inaugurated and on January 16th [1879] 
delivered his message to the joint session of the Senate and House of 
Representatives. On the subject of temperance he had this to say : 

The subject of temperance, in its relation to the use of intoxicating 
liquors as a beverage, has occupied the attention of the people of Kansas 
to such an extent, that I feel it mv diilv to call your attention to some 



812 KANSAS AND KANSANS 

of its evils, aud suggest, if possible' a remedy therefor. Much has been 
said of late years about hard times, and extravagant and useless expendi- 
tures of monej' ; and in this connection, I desire to call your attention to 
the fact, that here in Kansas, where our people are at least as sober 
and temperate as are found in any of the States in the west, the money 
spent annually for intoxicating liquors would defray the entire expenses 
of the State government, including the care and maintenance of all its 
charitable institutions. Agricultural College. Normal School, State Uni- 
versity, and Penitentiary — and all for something that, instead of making 
mankind nobler, pvirer and better, has not only left its dark trail of 
misery, poverty and crime, but its direct effects, as shown by the ofSeial 
report, have supplied our State prison with one hundred and five of its 
present inmates. 

Could we but dry up tliis one great evil that consumes annually so 
much wealth, and destroys the physical, moral, and mental usefulness 
of its victims, we would hardly need prisons, poor-houses, or police. 

I fully realize it is easier to talk about the evils flowing from the use 
of intoxicating liquors as a beverage than it is to provide a remedy for 
them. If it could be fully accomplished, I am clearly of the opinion 
that no greater blessing could be conferred by you upon the people of 
this State than to absolutely and forever prohibit the manufacture, 
importation, and sale of intoxicating liquors as a beverage. But many 
people insist that a prohibitory law could not. or at least would not, 
be enforced, and that any law cannot be, or is not, enforced, is worse than 
no law at all. 

I have too much faith in the people of Kansas to believe that any 
law intended to, and the effect of which would be to promote the moral, 
physical and mental condition of mankind would not be rightly enforced. 
Yet, desiring the passage of no law in relation to the enforcement of 
which there could be any doubt, and with a view to the adoption of such 
measures only as will be backed up and enforced by the moral sentiment 
of our people, I respectfully call your attention to the first section of 
what is commonly known a.s the dramshop act, which reads as follows : 

"Before a dramsliop license, tavern license, or grocery license shall 
be gi-anted to any person applying for the same, such person, if applying 
for a township license, shall present to the tribunal transacting county 
business a petition or recommendation signed by a ma.iority of the resi- 
dents of the township of twenty-one years of age and over, both male 
and female, in which such dramshop, tavern, or grocery is to he kept; 
or if the same is to be kept in any incorporated city or town, then to 
the city council thereof, a petition signed by a ma.jority of the residents 
of the ward, of twenty-one years of age and over, both male and female, 
in which said dramshop, tavern, or grocery is to be kept, recommending 
.such person as a fit pei"son to keep the same, and requesting that a license 
be granted to him for such purpose : Provided that the corporate author- 
ities of cities of the first and second class may by ordinance dispense 
with petition mentioned in this section." And earnestly recommend that 
said section be amended by sti'iking out the provi.so therein contained, 
and requiring the party desiring a license under said section to publish 
his petition, with the names of the signers thereto, in some newspaper 
printed and of general circulation in the town, city or township in which 
he desire.s to obtain such license ; or. in case no newspaper is so published, 
then in some newspaper publi.shed in the county and of general circula- 
tion ; — and thus place all the cities, to^^Tis and townships in the State, 
irrespective of the particular class to which they belong, on an equal 
footing, and let the people in each locality settle this question for them 
selves. 



KANSAS AND KANSANS 813 

The first action of the House following the suggestion contained in 
the Governor's message, was a resolution requesting the Committee on 
Temperance to examine the statutes with reference to needed legisla- 
tion and report to the House by "bill or otherwise." This was on Jan- 
uai-y 21st; on the 23d a bill to amend the dram-shop act of 1868 was 
introduced by W. M. Moore of Republic County, House bill 86. The 
bill was referred to the committee on Temperance and on February 13th 
it was reported back, together with House bill 188, with the recom- 
mendation that the "substitute herewith be passed." House bill 188 
had been introduced on February 7 by Thomas J. Calvin, chairman of the 
Committee on Temperance. The substitute for these bills passed the 
House by a vote of 75 for and 25 against, and w-as sent to the Senate 
on ]\Iarch 6, where on the 8th it failed to receive a constitutional ma,jority. 

In the meantime House bill 110, regulating the sale of intoxicating 
liquors, was introduced by George Taylor of Clay county. This bill was 
reported adversely by the committee on temperance. On February 10, 
House Joint Resolution Number 5, proposing an amendment to Article 
15 of the constitution of Kansas relating to the manufacture, importa- 
tion and sale of intoxicating liquor was introduced by Charles E. 
Faulkner, of Salina, who was chairman of the Ways and Means com- 
mittee. It was referred to the committee on Judiciary and later to the 
committee on Temperance, who reported it to the House with the recom- 
mendation that it be passed. On February 14 a fourth bill in restraint 
of dram-shops was introduced in the House by George L. White of 
Belleville. This bill was referred to the committee on Federal Relations 
and no further action was taken. HoiLse bill 336, an act to authorize 
county commissioners and councils of incorporated cities to grant a 
license for the sale of intoxicating liquor for medicinal purposes, was 
the next temperance measure introduced in the House. It passed on 
March 6th and was messaged to the Senate where not having a con- 
stitutional ma.jority it failed to pass. 

The Senate, too, was doing its share in the introduction of temper- 
ance measures. On January 21, Senate bill 17, an act to amend the 
dram-shop act of 1868 regulating the .sale of intoxicating liquors, was 
introduced by Senator Grass, of Independence. It was referred to the 
committee on Judiciary, reported back, and referred to the committee 
on Retrenchment and Reform, by them reported to the Senate with the 
recommendation that Senate bill 32 be substituted, which was agreed to. 
Senate bill 32 was introduced by Senator John T. Bradley, of Council 
Grove, and was an act to amend Chapter 35 of the General Statutes of 
1868, an act to restrain dram-shops. The bill was referred to the com- 
mittee on Judiciary, recalled and sent to the committee on Retrench- 
ment and Reform, and by them reported favorably to the Senate. A 
third temperance measure was introduced by Senator R. M. Williams, of 
White Cloud, Senate Bill 115. this bill was allowed to die on the cal- 
endar. The next to be introduced in the Senate was Senate bill 150, 
by Senator C. ]\I. Kellogg of Clay Center: it went the usual round and 
was recommended for passage l)y tlie committee of the Whole, when, 



814 KANSAS AND KANSANS 

in the interest of another temperance measure, Senator Kellogg moved 
that his bill be stricken from the calendar. Senate bill 157 was intro- 
duced by Senator George F. Hamlin, referred to the committee on Re- 
trenchment and Eeform and by them referred to the committee of the 
Whole Senate. Here it dragged along with frequent postponements, 
and was eventually brought up with the .substitute for House bills 86 
and 188, when, on March 7 the committee recommended the rejection 
of Senate bill 157. 

Senate Joixt Resolutiox No. 3. 

In the meantime petitions began to drift in to the Senate and House. 
Mr. Detwiler, the representative of the Good Templars, arrived in 
Topeka with the monster petition circulated by that Order and began a 
bombardment of the Legislature that, up to that time, was unique. 
Beside presenting the petition as a whole to both branches of the Legis- 
lature, he copied and arranged the names according to legislative dis- 
tricts and approaching three or four members daily presented them with 
a petition from their own constituents asking each to examine the peti- 
tion and present it to the body of the Legislature to which he belonged. 
Thus a perfect fusillade of petitions was kept up for a week or ten days. 
Having accomplished this iirst bit of strategy to his satisfaction, Mr. 
Detwiler went to the office of Judge N. C. McFarland, a zealous tem- 
perance worker, a man of state wide reputation for integrity and of 
no mediocre ability as a lawyer, and asked him to draft a joint resolution 
submitting an amendment to the constitution of the state relative to the 
manufacture and sale of intoxicating liquors. It must be an amendment 
that would .stand the severest tests and Judge McFarland by reason of 
his knowledge of governmental functions, was a man eminently fitted 
to do the work. Two days later he gave Mr. Detwiler the resolution 
afterward known as Senate Joint Resolution Number 3. It M'as intro- 
duced on February 8 by Senator Geo. F. Hamlin, of Linn County, 
referred to the committee on Judiciary, reported back February 13, with 
the recommendation that it be referred to the Committee of the Whole 
and printed. Work had been done very quietly because of the strong 
liquor lobby fighting Senate Bill 32, a measure brought forward by the 
State Temperance Union and introduced by Senator Bradley, and one 
following closely the recommendations of the governor in his message. 
As the fight on this bill waxed hotter the Joint Resolution offered an 
escape to the hara.ssed Senators, who wei'e standing between the devlF 
and the deep sea. When the Bradley bill came up for consideration in 
Committee of the Whole, on February 14, it was recommended and 
agreed to, that Joint Resolution 3 be substituted therefor. The liquor 
lobby, feeling certain that the measure would be killed in the House, and 
preferring its chances to the Bradley bill, offered not the slightest objec- 
tion, and when the Resolution came up for consideration on Februaiy 
21, no fight was made on it in the Senate, where it passed with a vote of 
37 veas and no nays, tliree absent or not voting. 



KANSAS AND KANSANS 815 

As the fight over temperance legislation grew the activity of the tem- 
perance cohorts increased. Keports coming in from over Kansas show 
that this activity was by no means confined to the larger towns of the 
state. A correspondent to the Commonwealth from Saliua says that 
"the mayor, marshal, council, police, Temperance Union and preachers 
are stirring up the saloonatics until you can't rest." Newspapers 
friendly to temperance were asked to copy notices of the different activi- 
ties, reports of meetings, announcements, et cetera. The churches were 
sponsoring petitions praying for an amendment to the "Dram Shop 
Act," in accordance with the recommendation of the Governor's message. 
The State Temperance Union was working along the same line. In the 
early stages of the fight feeling was divided as to the advisability of a 
prohibitory amendment. By manj' an earnest worker in the cause, it 
wa-s thought to be too radical, that the time was not ripe for so arbitrary 
a measure ; that an amendment to the dramshop act would be much more 
likely to receive the sanction of all public opinion. But that was the 
weak spot of their reasoning. The radical measure was their one hope 
and the leaders saw it. The dram shop act, being apparently the most 
logical thing for the Legislature to undertake to strengthen, the liquor 
interests had concentrated their forces upon it ; they had such an amend- 
ment beaten almost before it was introduced. The jump of the temper- 
ance element to a constitutional amendment looked to the licjuor dealers 
like weakne.ss, and in a most complacent manner they refused to take 
it sei'iously. There were two clianees to defeat it after its introduction 
in the Senate — the House and finally the people. And the dealers put 
great faith in the people. The introduction of the constitutional amend- 
ment into the temperance fight was an astute political move. 

Victory in the Legislature 

The fight in the House was close and intensely bitter. Both factions 
were busy. The liquor dealers were active with influence, whisky and 
petitions, everywhere doing what they could. The temperance workers 
were just as indu.strious. The "banner temperance town of the state, 
Hutchinson," .sent up a delegation to, according to the anti-newspapers, 
"bulldoze the dram-shop act through the Legislature." The delegation 
consisted of L. A. Bigger, J. V. Clymer, Hiram Rati' and Henry Hegwer, 
and were a decided addition to the temperance wing in the fight. Gov- 
ernor St. John was often seen on the floor of the House counselling 
with the strong, and urging the weak to support the Senate Resolution. 
Wives of members came from their homes to urge their husbands to 
vote for it, and the final victory has very properly been credited to these 
women, who at the last moment caused their husbands to change their 
votes. The Resolution was messaged to the House on February 21st ; 
on the 26th it was reported from the committee on Temperance with the 
recommendation that it be passed and was read the third time and put 
on passage on the 5th of March. A call of the House was ordered and a 
stiff' fight was put up by members opposed to the Resolution, liut the 



816 KANSAS AND KANSANS 

feeling of the members in favor of it was strong enough to override all 
oppositions and on final roll call the vote resulted in 88 for the Reso- 
lution, 31 against, and 10 absent or not voting. 

Review op Forces That Helped 

It was a tremendous victory for the temperance people, and the 
causes entering into it can best be realized by a brief survey of the 
newspapers during those days of bitter fighting. Through them a 
glimpse is given of the varied and continuous activities of the temper- 
ance interests. Of their concerted action and their astonishing organiza- 
tion, carried on through a fight of over a year and a half to the final 
vote of the people on the prohibition amendment in November, 1880. 
The aggressiveness of the liquor faction can also be followed, and one 
can but marvel at their loose organization and their lack of foresight 
and political acumen. That they did not realize iu time the sincerity of 
the movement opposed to them, and the deep seated sentiment that 
actuated it, is the only conclusion to be drawn. 

The churches had always been a strong influence in the temperance 
cause. During revivals, the week of prayer and other religious meetings 
temperance had had its share of discussion. As a moral issue it came 
well within the province of the church to aid in the regulation of the 
liquor traffic where possible. So it was not surprising that the churches 
of Kansas should strike hands with the various temperance organizations 
in the state and bear their part in the fight now at hand. Especially 
did the churches in Topeka make strenuous efforts during the 
legislative session of 1879. Temperance meetings were the order 
of the moment. At the Methodist church in Topeka, the pastor. 
Rev. J. E. Gilbert, on January 5th, spoke on "Wliat ought the State 
Legislature to do in behalf of Temperance?" At the close of the meet- 
ing seventy-five persons remained to confer as to some mode of action. 
Names were given to form a nucleus for the work and it was found that 
all the churches in the city were represented. The newspaper account 
of the meeting is interesting: ". . . several ladies and gentlemen 
tarried to consider what might be practicable in reference to legislation 
on a prohibitory law. Several persons made brief remarks, and though 
there was not an exact agreement as to the best plan of action, there was 
quite a unanimity of feeling that aggressive measures .should be adopted 
at as early a day as possible. Accordingly it was agreed that Mr. Gilbert 
should confer with the pastors of other churches in the city and arrange 
for a meeting on Thursday evening to consider this all-important subject. 
A committee of three was appointed to act upon the subject 
under consideration, and report at a meeting to be held at the M. E. 
Church on Sunday evening next. Rev. Mr. Gilbert stated that at that 
time there would probably be good speakers from abroad. It would 
appear from the exhibition of feeling at the meeting that vigorous efforts 
in the city and state in the cause of temperance are foreshadowed." 

About this time there was being sent out over the state from a 



KANSAS AND KANSANS 817 

Chicago publishing house a little book entitled "The Blue Ribbon 
Workers" by James M. Hiatt, containing sketches of the lives and acts 
of reformed drunkards who were then in temperance work. This 
volume met with a good deal of success, and was calculated to bolster 
the weak and help along the feeble in the temperance movement; and 
while a small thing in itself, is indicative of the never ceasing effort of 
the temperance reformers. 

The Woman's National Christian Temperance Union assembled in 
convention at Baltimore, passed a resolution suggesting that a month of 
prayer be held and asked that pastors in all churches be invited to preach 
a temperance sermon during that period. January was the month 
determined upon, and it was very generally observed through Kansas. 
Thus were the churches and other organizations already beginning to 
get hold of individuals and prepossess their minds in favor of any 
stringent temperance legislation likely to be enacted. 

The Union Temperance meeting at Topeka was a successful event, 
and the "pastors of the various churches were present, and took an 
active part in the discussion of the best means of bringing, about 
prohibition in this state." A committee was named, having as one of 
its members the chief justice of the state, to "consult and adopt the 
best method of framing a petition to the legislature in relation to 
changing the dram shop act." At all of these meetings, and they were 
held weekly thereafter, out of town speakers were present and music 
was a great feature. 

The executive committee of the State Temperance Union met in 
Topeka on January 1-1. The resolutions adopted at the meeting embody 
the recommendations in Gov. St. John's message and in the form of a 
petition were to be presented to the Legislature, after being circulated 
throughout the state for signatures. The members of this committee 
were men of some prominence in Kansas, J. H. Rice, J. B. Abbott, 
Albert Griffin, W. A. H. Harris, D. Shelton and others. A committee 
of three was appointed to organize tlie temperance elements of the state 
for work. Temperance lecturers were to be placed in the field by the 
State Temperance Union, and tliey were to hold meetings throughout 
the state. Murphy Temperance clubs and Phalanxes of Temperance 
Volunteers were to be organized. It was also resolved to hold the annual 
Temperance Campmeeting and continue it 12 days, Messrs. Rice, Shelton 
and Harris were named as a committee on the Campmeeting. 

By this time temperance was a live issue in Kansas, lecturers from 
out of the state were invited to address the Legislature. George Calder- 
wood of Ohio accepted such an invitation for the evening of January 
24th. An audience of 150 persons gathered in Representative Hall. A 
report of the meeting says : ' ' From the great number of absent members, 
it is but fair to presume that they are not all in full accord with the 
temperance enthusiasts of the day. Mr. Calderwood is a pleasant 
speaker and indulges in many of the familiar expressions of the modern 
temperance lecturer. He is in favor of a prohibitory law, and on tlie 
adoption nf sueli a law, favors the ri'jclit of the fair sex to exercise the 



818 KANSAS AND KANSANS 

election franchise. . . . The lecture was well received as was evi- 
denced by the applause." 

Gen. S. F. Carey was granted the use of the hall of the House of 
Representatives for a temperance lecture on the evening of February 5th. 
Temperance mass meetings were held frequently and were, to quote from 
the reports, "marked with great enthusiasm." 

The newspapers discussed at length the various measures before the 
Legislature, and in all the discussion but little .space is siven to bills 




[Copy by Willard of Portrait in Library of Kansas State Historical 

on the subject of temperance. The activities of the temperance organiza- 
tions are duly chronicled, but prospective legislation along that line is 
not noticed until the latter part of February, when the tight was almost 
won. 

Early in February the National Woman's Christian Temperance 
Union held a meeting in Topeka; the speakers were ^Irs. M. B. Smith, 
president of the Union in Kansas, and Mrs. Drusilla "Wilson of Lawrence. 
Rev. Gilbert presided. This meeting was .so largely attended that 
there was standing room only. It wa.s held in Costa's Opera House, 
one of the largest lialls in tlie town. From tlie begimiing women took 



KANSAS AND KANSANS 819 

an aggressive part in the temperance campaign. A gi-eat deal of charity 
work was undertaken, prayer meetings and temperance meetings were 
held and an attempt made to establish coffee houses, but with rather an 
indifferent success. Many of these women had been among those who 
had worked in the "Woman's Crusade," who had gone into the saloons 
praying with the barkeepers and the patrons. They knew the weak 
points in the operation of the dram-shop law, and they were aware of 
all the evasions in its enforcement. Such women were no mean enemies 
to the liquor traffic. 

A word should be said in passing of a very unusual woman who did 
much for the temperance cause — Dru.silla "Wilson. With her husband, 
Jonathan, she settled in Lawrence in 1873, just as the "Woman's Cru- 
sade" was taking form. She became identified with the temperance 
workers of the town and was made the president of their local Temper- 
ance association. In her diary she says "It was undertaken with many 
misgi\'ings on my part lest I might not do justice to the cause, but this 
crusade was an inspiration of the Holy Ghost, sent from Heaven to 
arouse action in this great work. ' ' Her account of her work is of great 
interest, and should, but for its length, be repeated here. She was a 
speaker in constant demand, and with her husband traveled over the state 
holding mass meetings and circulating petitions. She says: "We 
started from home in this work the latter part of November, 1879. 
Completed the campaign and got home the evening before election in 
November, 1880. . . . We traveled in our carriage during our cam- 
paign work over .3,000 miles, held meetings for the Amendment, organ- 
ized a number of Bands of Hope and gave a number of Sunday School 
talks. She was 64 years of age at this time. Mrs. Wilson died at Carmel, 
Indiana, June 9, 1908. 

Late in February the Rev. J. E. Gilbert announced the prospective 
visit of Francis Murphy to Topeka. He says: "As he is my personal 
friend, I feel prompted to utter a word in his behalf to prepare the 
public for his proper reception." Mr. Gilbert was one of the most 
earnest temperance workers in Topeka. He was a brilliant man, and 
not a little of the success of the temperance campaign of 1879 might 
be attributed to his advice and work in the beginning. Other clergj-men 
were helpful but Mr. Gilbert had in a high degree what would be called 
at this day, efBciency. He had great executive ability and was one 
of the strongest organizers in the local camp of temperance workers. 
He came to the Topeka M. E. Church from the east and remained a little 
less than three years. He was a man in advance of his time even in 
a broader field than Topeka, so it was not surprising that he .should 
return to a larger coiiferenee. Never of robust health Mr. Gilbert did 
not live long; he died in Washington, D. C. 

The days of the Legislature were by this time few and at last Senate 
Joint Resolution Number 3 had reached the House. 

The Commonwealth of March 6th had this to say on its passage there : 

The most exciting and interesting item in the House since the Sena- 
torial election, was last night during the consideration of Senate Joint 



820 KANSAS AND KANSANS 

Resolution 3, proposing an amendment to the eonstitution relating to 
the manufacture and sale of intoxicating liquors. Requiring two thirds 
of all the votes of the House to pass it, its passage was stubbornly 
resisted ; at one time the friends of the measure despaired of their ability 
to push it through, and began to change their votes, saving the point to 
move a reconsideration of the vote; but as the members slowly came in 
and cast their votes in the affirmative, it became apparent that it was 
possible to pass the resolution. Changes were again made and finally 
the result was announced, yeas 88, nays 34; the friends of the measure 
than gave way to an expression of their joy at the result, which was 
only suppressed by the speaker's free use of his gavel. 

Organizing for the Election 

After the adjournment of the legislature there was a noticeable 
decline in temperance activities. The visit of Francis Murphy to Kansas 
was the only occurrence of note following immediately on the adjourn- 
ment. A Topeka paper of March 11 says of him: "This wonderful 
man has come and gone. His first appearance in these parts was last 
Sunday night ... he addressed some 1,200 people, including a 
large number of prominent citizens from all parts of the state. He 
certainly is a speaker of great force. . . . We imagine he is more 
like Paul of old than any man that ever ascended the rostrum since the 
days of that mighty apostle. We can no longer question that he will be 
a powerful attraction to the Grand National Campmeeting which will 
very likely take place at Bismark Grove (Lawrence) next September." 

In the latter part of the month an excursion to Gove county under 
the auspices of the State Temperance Union went out over the Kansas 
Pacific Railway from Kansas Cit.y to Buffalo. The excursion was for 
the special benefit of Francis Murphy and there went with him a number 
of prominent people, J. H. Rice, Di*. Callahan of Leavenworth, the 
Gleeds, Charles and Willis, one on the Kansas City Journal the other on 
the Lawrence Standard, Prof. M. L. Wai-d, S. J. Gilmore, Mr. and Mrs. 
Presby, J. C. Hebbard, several clergymen, and newspaper representa- 
tives. Tlie trip was one extended temperance jubilee, at every stop 
there was an address and songs. Gen. Rice was one of the most fiery 
•speakers: he indicted the "monster rum" as the "sum of all villainies 
in Kansas," and he said "seed has been sown during this tour that may 
bear rich fruitage during the season." It is unneeessar}^ to add that h6 
was right. 

The early summer of 3879 was spent by the temperance people in 
getting all in readiness for their campmeeting which was to be held at 
Bismarck Grove, August 15 to 27. Early in August newspapers began 
to publish articles and editorials against prohibition, no great degree of 
feeling was displayed, but it was rather made light of, none seemed to 
regard it seriously enough to show real excitement, the general cry was 
that it would be impossible to enforce any laws framed under such an 
article in the constitution. 

The Campmeeting was advertised widely, the "cold water brigade 
are soon to assemble with Francis IMurphy and other celebrities" was 



KANSAS AND KANSANS 821 

heard on all sides. On Augrust 12th the Topeka Commonwealth pub- 
lished an editorial on "Temperance and Politics," it deplored the 
attempt to make political capital out of the approaching temperance 
eanipmeeting. It insisted that there was no intention among prominent 
jnembers of any part.y to make prohibition or anti-prohibition a party 
shibboleth. The article warned Republicans that the question of the 
constitutional amendment must be kept out of the party platform. The 
Comm-anicealth was not in favor of prohibition but discussed the matter 
in a sane, quiet way. The main argument against it being that it could 
never be enforced, and a law not enforced was a detriment, and in some 
instances, a menace to the morals of a community. The editorial closed 
with this statement: "Gov. St. John and other state officers have a 
perfect right to go to the Bismarck meeting and there advocate their 
views, and to undertake to make political capital against those who do 
so, will injure those who do it." This last was called forth by anti- 
prohibition papers threatening all state offlcers who inclined to tolerate 
temperance views or temperance workers. 

Campaign for the Amendment 

The opening of tlie temperance Campmeeting was a loudly-heralded 
aft'air. Gov. St. Jolm made the address of welcome. There were speak- 
ers from many states: George W. Bain of Kentucky, a widely known 
temperance speaker; A. B. Campbell, then of Illinois, later of Kansas: 
Rev. J. E. Tilton and J. J. Hickman of Kentucky, Elias Johnson of 
Brooklyn, N. Y., J. E. Letton of Louisville, Dr. Gibbons of Colorado, 
Jlrs. J. Ellen Foster of Iowa, and Ada Van Pelt of Nebraska. Besides 
all these was the gi-eat stellar attraction Francis Murphy, who wa-s 
accompanied by his son, a prepossessing youth and already developing 
powers of oratory not unlike his father. They were just back from 
a great campaign in California. Of local speakers there were 
Miss Amanda Way, a woman of very pleasing address, a friend of 
Drusilla Wilson, and like her, a power for temperance work ; Gen. J. H. 
Rice another well known worker, a newspaper man and a vigorous 
speaker. As a special feature four Indians were brought from their 
reservation in tlie IndiaJi Territory, and spoke at one of the meetings. 

The great day at tlic Campmeeting was August 26th, when the 
attendance was estimated at 25,000 people, and when tlicy were obliged 
to take turns at listening to the speakers. ]\Iuch had been done to make 
Bismarck Grove, attractive fountains had been put in, a great tabernacle 
built capable of seating 5,000 persons, and lighted with gas made on the 
grounds from the "new automatic Batty process." At that time the 
Grove was under the management of the Kansas Pacific Railway Com- 
pany, and was a popular resort. 

The music was a special feature of the Campmeeting, some of the 
finest bands in the .state were there. The Rev. Robert Brown of the 
Leavenworth Conservatory of ]\Insic had prepared a singing Iwok of a 
hundred pages for use. Tie was in charge of the music and he took with 



822 KANSAS AND KANSANS 

him his entire choir from Leaveuworth and had as an assistant Prof. A. 
B. Brown of the Springfield (-Mo.) Conservatory of Music. 

A Military Day was held dui-ing the progress of the Campmeeting 
and military companies from over the state were in attendance. Special 
excursions were run to Bismark Grove from various points and every- 
thing possible for the success of the meeting was done. Some newspapers 
kept special representatives in tents on the grounds, while othei-s were 
content to write up the meetings at long distance and headed their 
descriptions "Whaling Whisky." 

A church encampment followed the Temperance Campmeeting at 
Bismarck and many of the prominent speakers remained to make tem- 
perance speeches there, and to later fill dates in the smaller towns and 
outlying country districts of the state. 

The result of such a temperance meeting as that held at Bismarck 
would essentially give a gi-eat impetus to the work and to the temper- 
ance sentiment. Enthusiasts were raised to a plain of exaltation; the 
indifferent were impressed by the earnestness of the workers and were 
influenced unconsciously. While into the minds of the anti-prohibition- 
ists, still scoffing, there began to enter a certain fear. The "Anti" 
papers showed it b^- taking on a vindictive, and even threatening tone, 
and personalities began to be indulged in. 

The State Temperance Union held its annual meeting in September 
in Topeka, and was well attended. Officers were elected and the com- 
mittee on campaign work presented its plan of activity. It was decided to 
maintain a central office, where lectures could be arranged for, literature 
kept for distribution and where reports were to be sent in from workers 
over the state, who were to tell of their successes and of the obstacles most 
in their wa.y. A good financial plan was to be evolved by the executive 
committee so that funds might be available to pusli the work efficiently 
during the ensuing winter. The executive committee was likewise to see 
that within the next thi'ee months there was an organization in each 
county in the state. 

All temperance societies, churches and organizations interested in 
temperance had been requested to send two or more delegates to this 
convention to "prepare for this gi-eat work." 

Prohibition clubs began to be formed and from all over the state came 
notices of temperance picnics and campmeetings. Temperance cam- 
paigns were carried on in towns kno^ra to be liquor stTongholds, in one 
or two places it was necessary to erect a temporary building in which to 
hold meetings, so strong was the town sentiment. 

Literarj- societies became impressed with the popular topic, and 
debates were held. "Resolved, That intemperance has caused more 
suffering than war," and kindred thoughts were hurled at listening audi- 
ences. The subject was unlimited and the debates found gi-eat favor in 
the country school houses. 

At the annual meeting of the Grand Lodge of the Independent Order 
of Good Templars, Mr. Detwiler, the Chief Templar, said in his report: 
"In view of the fact that the measure (the prohibitory amendment) was 



KANSAS AND KANSANS 823 

originated and has been thus far carried forward by our Order, I respect>- 
fully recommend that you make ample provisions at this session for a 
vigorous campaign that will result in placing one of the great principles 
of our Order in the organic law of the State. And place our State in 
the front rank of advancing civilization. In mapping out our campaign 
I wouM call your attention to the importance of a liberal use of printer's 
ink. ... I would also recommend the holding of campmeetings in 
as many different parts of the State as your funds will warrant. . . . 
That each lodge be requested to hold some public entertainment, and the 
net proceeds of such be forwarded to your Executive Committee as a 
special campaign fund, and used to defray the expenses of the campaign." 
It is interesting to note that most of the prominent out-of-state speakers 
at the Bismarck campmeeting were members of the Order of Good 
Templars, as were also most of the temperance workers residing in the 
state. 

In November there Ijegan to be circulated through the newspapers 
the "story" that the proposed prohibition amendment was "bogus." 
That it was introduced and supported by the whisky element in the 
legislature to kill a cei-taiu temperance law. That portion excepting the 
sale of intoxicating liquors for medical, mechanical and scientific pur- 
poses was seized upon and exploited. One paper that led in denomi- 
nating the amendment ' ' bogus ' ' says : ' ' That legalizes the sale for medical, 
for scientific, and for mechanical purposes. It puts it beyond legislative 
prohibition, if not legislative control, for these purposes. It means free 
whisky. . . . That amendment is bogus, will make Kansas sickly; 
it win stimulate the drug business. Whiskj- for the toothache. To pre- 
vent measles. . . . Boys will use it to study astronomy. . . . 
Jlen will be unable to set out a cabbage plant without it. No we are not 
for the constitutional amendment. ' ' 

Another paper in reply to the charge that the prohibition amendment 
and the amendment repealing the $200 tax exemption were put through 
by combination makes the following statement : ' ' The truth is that the 
prohibition amendment originated with the enemies of temperance in the 
Senate, where it was passed as a substitute for the legislation asked for " 
l)y the friends of the cause. When it went to the House the temperance 
men finally concluded to accept it, and make their fight on that line 
before the public. Finding it was that or nothing, they concluded to 
take what they could get. ^ Thereupon the whisky men turned round and 
iindertook to defeat the amendment also, but failed. There was no com- 
bination in the matter at all. The proposed amendments were passed 
separately, and each on its own supposed merits. ' ' 

The New Year brought an increased activity among temperance work- 
ers, meetings were held in every village and hamlet, distinguished 
lecturers were in the field and the campaign was in full swing. News- 
papers were discussing every phase of the proposed amendment. Poli- 
ties were entering into the fight. St. John was called a "meddlesome 
governor" and the attacks upon him were continuous. In the minds of 
many people the governor and the proliibitoiy amendment meant almost 



824 KANSAS AND KANSANS 

tlie same thing. lu spite of repeated denials the opposition papers con- 
tinually harped on the effort that was being made to put a prohibition 
plank into tlie Eepubliean platform, and make it a party issue. The 
prohibition papers were quite as unreasonable, anyone who was not in 
favor of the amendment was a "whiskyite" and a " gin-slinger, " and 
there was no truth in him ; lie was a menace to society and had no place 
in the state body politic. Friends of the cause were called upon to see to 
his political downfall. By the latter part of January public sentiment 
had been lashed to a high degree of feeling. 

On January 21st the liquor dealers inaugurated a public campaign 
by organizing the People's Grand Protective Union of Kansas. The 
meeting was attended "by a body of men, who taken as a whole, are not 
to be exceeded in respectability of character and material responsibility 
by any other voluntary organization in the whole State ; men who know- 
ing their rights dare, and have the ability to maintain them; men of 
large stake in the country, and therefore the most desirous of preserving 
constitutional order . . . they come from all parts of the state and 
w-ill exercise their individual as well as their collective influence in their 
several localities." 

There were present at this meeting 125 delegates from over the state, 
many interested in the cause. The i-esolutions adopted were as follows : 

Resolved — That the Prohibition Amendment of the constitution of 
the State of Kansas, if adopted, would be a law, in its practical applica- 
tion, far beyond the pulilic sentiment of the people, and would be in- 
operative, that its adoption would take the whole siibject of Temperance 
out of the power of the Legislature, leaving the people without remedy. 
Laws so stringent that they cannot be enforced, are destructive of all 
good, because they teach men not to respect the restraining power of 
the law. The laws now upon the Statutes of the State, are as stringent 
as can be enforced, and may be amended or repealed as public interest 
or public sentiment shall demand. Tlie amendment if adopted, would 
do what no Constitution of any state in this Union now does; it would 
legalize the manufacture and sale of liquor, unrestrained by law, and the 
liquor once purchased and in the liaiids of tlie purchaser, its use cannot 
be controlled; thereby offering a i)reiiiinin to falsehood, perjury and in- 
temperance. 

Interviews were given out by prominent liquor dealers of Leaven- 
worth and elsewhere in which it was stated that the People 's Grand Pro- 
tective Union had money to spend on the campaign to defeat St. John 
and the prohibitory amendment. It was claimed that the governor was 
using the amendment to carry himself into a second term. 

Subordinate Unions of the People's Protective Union had been organ- 
ized and the opposition papers were filled with encouraging reports from 
every Union. The central committee of the Union, with offices in Topeka, 
sent out statements of the flourishing condition of the association. Of 
their financial l)acking, and of the "Numerous letters and telegraphic 
dispatches received, full of encouragement, from friends of equal rights 
in other states, breathing the true spirit of loyalty to the Nation and 
to its constitutional and free government, and extending the best sympa- 



KANSAS AND KANSANS 825 

thy of the writei-s to the Union, in the struggle now before it." Similar 
letters and dispatches were received from "individuals of known reputa- 
tion for private and public worth, pledging their support in most encour- 
aging terras.'' Every public meeting of the central committee of the 
Union brought forth an outburst of rhetoric from its supporting news- 
paper. The high moral tone of its platitudes spread over the state. Its 
sympathizers demanded a slaugliter of all temperance candidates. Tabu- 
lations were published showing the amount of grain used by distilleries, 
the number of men eraplo.yed, the cost of labor, and the taxes paid to the 
government. It was repeatedlj' published of the Union that it was "a 
strong organization, and meant business." All of which was true, but 
its "organization" was late in the field, and it underestimated public 
sentiment. 

The Kamas State Journal, George W. Reed, editor, was the organ of 
the liquor dealers while the Topeka Daily Capital under Maj. Hudson 
was the staunch supporter of the prohibitionists. Each accused the other 
in furious editoriaJs, and indulged in the bitterest personalities. It was 
claimed that money was being sent into the state from Illinois, Kentucky, 
Missouri and Iowa with which to buy up newspapers and conventions in 
order to defeat the prohibition amendment. A return charge was that 
the State Temperance Union was using money for St. John's campaign 
that had been sent to help carry the amendment. The following pur- 
ported to have been copied from the New York Independent, of date some 
time during July or August, 1880 : "Ye who have money to spare, hear 
the voices from Kansas that ci-j- for help, and draw your checks at sight, 
forwarding the same to Gov. St. John or Rev. A. M. Richardson, of Law- 
rence, the first president, and the second the secretary of the war depart- 
ment that carries on the battle. How a few thousand dollai-s would brace 
them for a harder fight." 

A temperance paper at Newton claimed that it had received an 
anonymous letter "threatening us with dire destruction of property and 
maltreatment of person if we don't mind our own business and let the 
whisky interests alone." 

Gov. Robinson Ag.mnst PROHiBrrioN 

Topeka was .said to be the headquarters of the "whisky ring" and 
papers over the state were placing nearly every candidate under suspi- 
cion from one side or the other. Speakers were hurried here and there, 
and debates were the order of the moment. Gov. St. John, Sidney Clarke 
and others were prominent on the affirmative side, wliile ex-Governor 
Charles Robinson and S. N. Wood were the leaders of the negative. 

In a debate at the Bismarck meeting Gov. Robinson spoke of his own 
record and of the practical temperance of his life. He said that he felt 
this ought to insure him freedom from the attacks of the temperance 
people. He made the usual points that the exceptions in the amendment 
would make the lic|uor traffic free — that local option was the best pre- 
ventive of drunkenness. Jolin B. Finch o)' Nebraska I'tMilicii to him. 



826 KANSAS AND KANSANS 

After these two speeches the meeting resolved that its faith in the wisdom 
and efficacy of "our" contemplated prohibitory "experiment" was 
iinsha.ken, rather "materially strengthened" and they also reaffirmed 
their implicit confidence in the personal and official integrity of Gov. John 
P. St. John. 

The National Christian Temperance Union met at Bismarck Grove, 
August 26 and 27, "it is the solemn duty of eveiy temperance advocate 
from every state and territoiy to flock to the standard and lend assistance 
dui'iug the momentous crisis. . . . (Kansas) will be a beacon light 
leading her sister states to the same harbor of safety and sunshine," was 
the admonition to temperance workers. This meeting brought into the 
state Frances Willard, J. Ellen Foster, iliss Youmans, Maj. George 
"Woodford, and many more prominent temperance speakei-s. After the 
meeting they made a round of speeches through the state contributing 
much to the brilliancy of the campaigns. 

^Meanwhile the State conventions of the parties were being held and 
prohibition and anti-prohibition lines were being more closely drawn. 
The Republican party refused to incorporate the prohibitorj^ amendment 
as a party measure in its platform. The Capital in commenting on it 
says: "An entirely unnecessary omission . . . and one that has 
created much unfavorable comment, is the absence of a plank on temper- 
ance. . . . "Whatever may have been the motive, or whether there 
was any motive at all, . . . the impression that goes abroad is that 
the issue was dodged — that like the late Greenback and Democratic con- 
ventions, the Eepublicans were afraid to take the bull by the horns." 
Col. Jenuison tried to force a resolution through the Republican State 
convention after the nomination of St. John, pledging the party to an 
enthusiastic support of its nominee "because of his devotion to the cause 
of temperance and prohibition," and because his "nomination is due to 
his vigorous opposition to the traffic in intoxicating drinks." No action 
was taken on the suggestion, however. 

As election day drew nearer more aggi'essive work than ever was 
done by the temperance element. At the other extreme was a surprising 
inertness on the part of the liquor dealers. "Whether they were lulled to 
a false security by the action of the Republicans in refusing to endorse 
the amendment or whether their money gave out, is hard to prove. But 
soon after the Republican convention, which was September 3rd, their 
own newspapers ceased publishing vituperative editorials, and open let- 
ters were no longer to be read on their sheets. However the evening 
before the election they circulated at Topeka a circular addressed "to 
the "Voters of Kansas" saying that "The falsely so-called 'Temperance 
Party' or 'St. Johnites,' have presented the question of a prohibitory 
amendment to the State Constitution, forever outlawing the manufacture 
and use as a beverage, of alcoholic liquors. Let the voters of Kansas 
stop and reflect upon the effect of the passage of this amendment." The 
arguments used in the body of the circular were those which they 
invariably used. Tlie law ^vas an innovation, derogatory to public 
libertv, it was "sumptuary and gustatory," it would retard immigration, 



KANSAS AND KANSAXS 



827 



depreciate farm values, and engender bitterness and contention and 
finally it would involve an endless and expensive litigation. The tem- 
perance people did not abate their activity a particle. Clergymen were 
asked to deliver on the Sunday before election, sermons on prohibition, 
and there was a very general response to the request. In some churches 
it was almost a day of prayer and fasting. The last issues of the tem- 
perance newspapers, especially those established for work during the 
campaign, were full of warnings and advice. The Lawrence Palladium 




Mrs. Carrie A. Nation, the Famous Saloon Smasher and 
Advocate op Prohibition 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 

said, ".Don't hesitate to scratch every doubtful name^vote for no one 
whose record on this question is not be.youd dispute — pay little attention 
to mere party lines. Be sure of j-our men, no matter to what party they 
belong! The other side will vote their principles regardless of party. 
. . . So far as our state election is concerned, it is a square fight 
between the prohibitionists and the anti-prohibitionists." 

Victory at the Polls 
The day of reckoning was at last at hand, the votes were east and 
when the returns were made up it was found that the vote for the amend- 



828 KANSAS AND KANSANS 

ment was 92,302, while the vote against was 84,304; it had carried by 
7,998 votes. The first battle had been won and it now remained for the 
newly elected Legislature to justify the faith of its constituents and 
ci-ystallize into law the sj)iritual force that had swept the state. 

The B.\nner 

As a farewell the Temperance Banner, a paper established at Osage 
Mission in the interest of the prohibition movement, published the follow- 
ing editorial in its last issue, November 11, 1880: 

Good-bye 

Over two years ago we started the Banner in the interest of Con- 
stitutional Prohibition, and have urged the measure in our weakness with 
all the energy we possessed. The battle has been fought, and the result 
is before our readers. 

We had a single purpose in view when we embarked in the news- 
paper business. Our eye has been steadily fixed upon that object. Our 
readers can judge how nearly we hit the mark. 

If the Banner has added a blessing to any home, or benefited our 
fellow man. we have our reward. If it has not, we rest content in the 
consciousness of having performed our duty according to the light we 
had. That we have made mistakes, is evidence of our humanity. 

We are grateful to the editorial fraternity for the courtesy extended 
to us and shall ever look upon the past two years of onr life with pleas- 
ant memories. While we verily believe that we have given a valuable 
consideration for all we received, yet we extend our hearty thanks to all 
our patrons for favors they have so liberally bestowed upon us, and while 
the newspaper enterprise has not paid us a financial consideration, the 
experience has been a valuable schooling for us. We have learned some- 
thing of the blackest and brightest phases of human character. We have 
come in contact with men whose souls have been steeped in avaricious 
selfishness until they are withered and shriveled up so smaU that they 
could fly through the eye of a cambric needle four-abreast. We have met 
others whose hearts swelled with philanthropic sentiments and sent forth 
an electric current of human kindness that inspired us with new hopes, 
new desires and grander pm-poses. 

We fold our tent in peace, camp on the field, rest on our arms, sleep in 
security, to be awakened at the first sound of Gabriel's trumpet. 



CHAPTER LV 

GEORGE W. GLICK 

By Mrs. Edith Connellet Ross 

George W. Glick was bom at Greeneastle, Fairfield County, Ohio, 
July 4, 1827. He was of German extraction, his great-grandfather 
having come to America from Germany in time to fight in the war of the 
Revolution. His father was prominent in local politics, and the boy 
learned much of honorable public service early in his youth. When he 
was five years old the family removed to a farm near Fremont, Ohio. 
Here he lived till he was twenty-one. He received a good education, and 
showed himself to be of a studious and practical disposition. 

When twenty-one years old he entered the office of Buckland and 
Hayes, as a law student. Two years later he was admitted to the bar 
with the Cincinnati Law School students by the Supreme Court. He 
immediately opened an office in Fremont, where his intelligence and 
capacity for hard work gained him a rapidly growing patronage. He 
later removed to Sandusky City, where, in 1858, he was nominated for 
Congress for his district, by the Democrats. He declined the honor, but 
the same year, ran for State Senator. In this venture he was defeated. 
Later he was elected Judge Advocate General of the Second Regiment, 
Seventeenth Division of Ohio Militia, ranking as a Colonel. 

In 1858 he was married to Miss Elizabeth Ryder, of Fremont. Two 
children were born of this union, a son, Frederick, and a daughter, Jennie. 

Late in the year of 1858, Glick came to Kansas, and settled in Atchi- 
son. He became the partner of Mr. Alfred G. Otis in a law business. 
The firm was very successful and continued until 1873, when an affection 
of the throat compelled Glick to discontinue the business. 

Glick was a soldier in the Second Kansas iMilitia, under Colonel M. 
Quigg. He was wounded at the battle of the Big Blue. 

Glick was elected to the Legislature of 1863. He was re-elected in 
1S64. 1865, ]866, 1868, 1874, 1876, and 1882. In the session of 1876 he 
held tlie position of Speaker i^ro tcin.. in which place he evinced great 
fairness and wisdom. Also, in tliis year, he was appointed Treasurer of 
Managers of the Centennial Exposition l)y (Jovernor Osborn, which place 
he ably filled, 

Glick was always a firm Democrat, and was sent by that party as a 
delegate to the Democratic National Conventions of 1856, 1868, 1884, 
and 1892. In 1868 he had been nominated for Governor by his party, 
829 



830 



KANSAS AND KANSANS 



and, though sure of defeat, he answered the party call, and ran. Again 
in 1882 he was nominated, and entered heartily into a most strenuous 
campaign. This time he was elected, over great odds, defeating Governor 
St. John, the Republican candidate, for a third term. He entered 
upon his administration in 1883. It was an administration marked by 
economy, foresight, and fairness. In spite of party prejudices this has 
been generally admitted. 

Kansas had grown so prosperous, that, in 1884, aid was sent by the 




Gov. George "W. Glick 

[Copy by Willard of Portrait in Library of Kansas State Historical 

Society] 



fai-mers of the State to the flood-sufferers of Ohio. Sixty-one carloads of 
corn, the golden treasure of Kansas, were shipped that year, for charity. 
Also a trainload of com was shipped by the Kansas G. A. R. to aid in 
building a Confederate Soldiers Home, in Virginia. 

Governor Glick, while not favoring promiscuous dealing in intoxi- 
cants that had existed before the Prohibitory' law passed, considered the 
act premature, rash, and unwise. So he recommended the re-submission 
of the Prohibitory amendment. Nothing came of it. 

On I\rarch 31, 1883, the Executive Council of Kansas appointed the 



KANSAS AND KANSANS 831 

first Board of Railroad Commissioners, consisting of three members for 
the State of Kansas. 

On the eighteenth of ilarch, 1884, a special session of the Legislature 
was called to deal with the "foot and mouth disease," prevalent to an 
alarming degree among the cattle. Few bills other than those relating 
to the cattle situation were passed at this session. 

In 1884 the Government of the United States established at Law- 
rence, a school for training and educating the Indians. This school is 
known as Haskell Institute. 

During Governor Glick's administration, the State Woman's Suffrage 
Association was organized. It was at this time, also, that Congress 
passed an act establishing a National Soldiers Home at Leavenworth. 

At the election of 1884 Governor Glick was again the Democratic 
nominee. But the Republican candidate, John A. Martin, was elected. 
In lS85, Governor Glick was appointed Pension Agent, at Topeka, by 
President Cleveland, to which office he was reappointed when Mr. Cleve- 
land again came into office. He served several tei*ms as President of the 
State Board of Agriculture, and in 1908 was President of the State His- 
torical Society. His life, after his retirement from politics, was spent 
alternately between his home in Atchison and an orange grove which he 
owned in Florida. In the winter of 1910, he fell, while at that place, 
and sustained the injury of a broken hip. His advanced age made it 
impossible for him to recover, and after a year of suffering, he died, on 
the thirteenth of April, 1911. He was eighty -three j^eare old. 

Governor Glick was an honorable, upright man. He gave freely of 
the best that was in him for the good of tlie State whose destinies he was 
guiding. Republicans and Democrats heartily agree as to the honesty, 
foresight, and kindness of Governor Glick. 

The Legislature which met in 1913 appropriated the sum of $6,000 
for a marble statue of Governor Glick to be placed in Statuary Hall, 
Washington. This statue was placed in the Hall June 24, 1914, and 
formally accepted July 18, 1914. 



CHAPTER LVI 

JOHN A. MARTIN 

By ]Mbs. Edith Connelley Ross 

John A. Martin, tenth Governor of Kansas*, was born at Brownsville, 
Payette County, Pennsylvania, March 10, 1839. He received a fair 
education in the common branches, and in his youth perfected himself 
in the printer's art. In 1857 he was in the office of the Cmnmercial 
Jaurnal at Pittsburgh. During the fall of that year he came to Kansas, 
a boy of only 19 years. But his experiences in the early days tended to 
make him a man in courage and intelligence — in everything but years. 

]\Iartin worked a few months in the office of the Squ-attcr Sovereign 
at Atchison, and then entered the service of James Redpath as a com- 
positor on the Crusader of Freedmn. In the fall of 1858, he purchased 
the Squatter Sovereign and changed its name to the Freedom's Cham- 
pion. This newspaper he conducted till the day of his death, and its 
columns were always devoted to the cause of the oppressed. Later, the 
name of the paper was again changed, this time to the Atchison 
Champion. 

Martin was a fervent Free-State man, and an enthusiastic Republican. 
Kansas was quick to see the value of such a man, and in 1859 Martin 
was elected Secretary' of the Wyandotte Constitutional Convention — 
an honor and responsibility coveted by much older men. This was before 
he was twenty-one years old. He served as a delegate to the Territorial 
Convention of 1860, at Lawrence, and later in that year was sent to the 
Chicago National Convention. In 1859 he was elected State Senator 
from Atchison and Brown counties. Thus he was a m.ember of the First 
State Legislature. 

In the summer of 1861 Martin helped organize the Eighth Kansas 
Infantrj% of which he was appointed Lieutenant-Colonel. He served 
on the Missouri border during the fall and winter of 1861. In 1862 he 
was made Provost-Marshal of Leavenworth, and he went in command of 
his regiment to Corinth in March of that year. 

Colonel Martin fought gallantly all through the Civil War. He was 
with four gi'eat armies during that time — the Army of the Frontier, 
the Army of the Mississippi, the Army of the Ohio, and the Army of the 
Cumberland. He was present at the battle of Missionary Ridge, where 
his heroic fighting was as gallant as in his numerous other battles. Soon 
after being mustered out, at the close of the war, he was brevetted 
Brigadier-General, for gallant and meritorious service. 
832 



KANSAS AND KANSANS 



833 



Colonel Martin always retained his love for his old comrades and was 
always certain of their unfaltering loyalty. He was the first Depart- 
ment Commander of the G. A. R. in Kansas, and was always active in 
any service for the veterans. The Soldiers Orphans Home at Atchison 
was in a great measure due to his labors. In 1878 he was appointed on 
the Board of Managers of the National Soldiers' Homes. 

On June 1, 1871. lie married Miss Ida Challis. Seven children were 
bom to them. 




Gov. John A. Maktin 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 



In 1884 Colonel .Martin was elected Governor of Kansas, and in 1886 
he was re-elected. The beginning of his administration was very difficult, 
and he was l)esieged by hordes of office-seekei-.s. This, on account of the 
previous Democratic administration. 

At first, Governor Martin was not a prohibitionist, but in time, as he 
saw the beneficial effects of prohibition, he became converted to be one 
of its most ardent champions. During Governor Martin's administra- 
tion six educatioiml institutions were established in Kansas, and 182 
school houses were built in 1887. Also, the State Reformatory was 
located at Ilutciiinson, aixl opportunities for reform were provided for 



834 KANSAS AND KANSANS 

young law-breakers. During this administration, The Annals of Kansas, 
a compilation of Kansas history extremely valuable, was written and 
published by D. W. Wilder. 

In March of 1886, a strike and serious disturbances on the Missouri- 
Pacific Railroad, in Missouri and Kansas, demanded the attention of 
Governor Martin. Rioting caused the Governor to send the First Kansas 
Militia to the scene of action. After being the cause of great incon- 
veniences and suffering, the strike was settled in April. 

A bill was passed by the Legislature of 1887, conferring on women 
of Kansas the right to vote at school, bond, and municipal elections. 
This was one of the first steps toward the complete suffrage the State 
enjoys today. 

Kansas had steadily progressed in prosperity and her towns and 
broad farming lands had increased immensely in value. This led to a 
"Boom" during which magnificent cities were erected — on paper — real 
towns increased in size. Many sjTidieates were organized to deal in 
Kansas real estate. Long blocks of buildings were erected in unneces- 
sary towns, and the prairie was long after dotted with rusting pipes 
and hydrants — the only tangible evidences of these useless towns. The 
end of 1888 saw the great Kansas "boom" collapse, and, as t^is year 
had also had a failure of crops, Kansas experienced a panic. But this 
check in prosperity was comparatively brief. 

There was a contest for the county seat between towns in several 
counties. Bitter rivalries and feuds resulted, the worst being the 
Stephens County, where several people were killed. On an appeal made 
to the Governor for help, a regiment of militia was sent to this county. 
In 1888 Greeley County was organized, thus completing the organization 
of the 105 Kansas counties. 

At the expiration of his term as Governor, Colonel Martin returned 
to Atchison and resumed his work on the Champion. But in less than 
a year he was stricken by a fatal sickness. He died at Atchison 
October 2, 1889. He was buried, at his request, in the uniform he had 
so nobly worn in life. 



CHAPTER LVII 
LYMAN U. HUMPHREY 

Br Mrs. Edith Connelley Ross 

Lyman Underwood Humphrey, eleventh governor of Kansas, was 
born July 25, 1844, at New Baltimore, Stark County, Ohio. He received 
a common school education, but left high school during his first year 
there to enlist in the army. On October 7, 1861, he enlisted in Company 
I, 76th Regiment, Ohio Volunteer Infantry. This Company was placed 
in the Army of the Tennessee. 

Mr. Humphrey fought in many campaigns of the Civil War, and was 
promoted to First Lieutenant. He commanded a company during the 
Atlanta Campaign, and also on the famous march to the sea. He was 
wounded during his service. He was mustered out, after serving nearly 
four years, on the 9th of July, 1865. So, he was a seasoned veteran 
before his twenty-first birthday. 

After leaving the army, Mr. Humphrey attended Mount Union Col- 
lege for one term, and afterward spent a year in the law department 
of the Michigan University. After receiving his diploma he went to 
Shelby County, Missouri, where he tauglit school, and helped publish 
the Shelby County Ilerald. 

In 1871 he came, with his mother and brother, to Independence, 
Kansas, and there established the Independence Tribune. Two years 
later he took up the practice of law, and acquired a large patronage. 

On December 25, 1872, he married Miss Amanda Leonard, of Beards- 
town, Illinois. Two sons were born to them. 

Mr. Humphrey was a staunch Republican, and was elected by that 
party to the Legislature of 1876. In 1877 he was elected to fill out the 
unexpired term of Lieutenant-Governor, and at the end of that time was 
elected for a full term of two years. He presided over the Senate 
of 1879. 

He was elected to the State Senate of 1884. and was chosen President 
of that body. In this session he introduced the resolution to strike out 
the word "white" from the constitutional provision relating to the state 
militia. In 1888, he was elected Governor of Kansas, and began his 
service in 1889. He was re-elected in 1890. 

The manufacture of sugar from sorghum was the industrj' attracting 
the greatest notice in Kansas in 1889. Several factories had been 
erected, experiments were conducted by government chemists, and public 
835 



KANSAS AND KANSANS 



atteution in Kansas centered on sugar. The Legislature of 18i 
an act increasing the bounty on Kansas sugar from $15,000 to $40,000. 
But the result of the experiments were discouraging, as it was found that 
sugar could not be manufactured at a profit by "Roller" process. The 
"Diffusion" process jDromised better results, but in spite of that, the 
sugar industry in Kansas did not make the advance it had promised. 

However, the salt industry flourished. Pine clean salt deposits of 
great depth encouraged the establishment of large plants at Hutchinson, 
Lyons, Great Bend, and many other towns. 




[Copy by Willa 



111 JII'UHEY 

rai'v of Kansas Stati> Historical 



Society I 



The year LS8II was also fammis for |ini(hu-ing the greatest corn crop 
in the annals of tlic State. 

As growing trade and a^M'imltur'c driiiaiidcd a ileep-water harbor 
for the products of Western and Southern States. Governor Humphrey 
called a convention of delegates from these States to meet in Topcka to 
discuss the matter. Six hundred men. among tliein many of prominence, 
attended this Dcep-Iiai'lior Convention. The meetings were presided 
over by Senator I'lunih. This cons-entiou was snecessful in securing 
Congressional aid for tlie work. 



KANSAS AND KANSANS 837 

In 1889 Congress opened up Oklahoma to settlers. On a part of the 
Cherokee reser\'ation — a strip of land sixty miles wide, laying between 
Kansas and Old Oklahoma — forty thousand people were waiting for 
the opening. Everything was ready — town sites selected, land offices 
open, the capitol of the new land located, and named. At noon on 
April 22, the land was formally opened, and the mass of humanity 
entered. It has been estimated that Kan.sas lost over fifty thousand 
people at this time. 

During this administration, the anti-Prohibitionists made much 
trouble in Kansas. They declared no State had the power to prevent 
liquors, in their original sealed packages, being brought within its 
border. Saloons sprang up over the state. Citizens protested, even 
sending liquor back, and stopping the sale by force. At last Congress 
was appealed to, and the Wilson Bill, or the "anti-Original Package 
law," passed. This bill gave a state the right to exercise police regula- 
tions over all packages sent within its borders, whether the packages were 
in their original form or not. 

In 1889 the Farmers Alliance became an active political force. The 
tendencies of the Alliance were socialistic. The Alliance charged that 
the government oppressed the working man, permitted unjust discrim- 
ination for the benefit of corporations, gave undue protection and priv- 
ilege to capital, and was responsible for other abuses. They demanded 
redress for their wrongs — exemption from too much taxation, mortgage 
and debt, and no unjust discrimination between rich and poor. 

At a convention called at Topeka, June 12, 1890, the Alliance organ- 
ized, together with the Industrial Union, the Patrons of Husbandry, the 
Knights of Labor, the Farmers Mutual Benefit Association, and the 
Single Tax Club, into a new party known as the People's or Populist 
Party. In the election of 1890, four tickets were in the field, the 
Republican, headed by Governor Humphrey, the Democratic, by Charles 
Robinson, the Populist, by John F. Willets, and the Prohibitionists, by 
a Mr. Richardson. The Republicans won the Governorship, but the 
Populists elected a majority of the Legislature. 

William A. Pefifer was elected United States Senator by this Legis- 
lature. It also passed an act providing for the promotion of irrigation, 
and another providing for an eight-hour day for all State employees. 
The first Monday in September was declared a legal holiday — Labor Day. 
Provision was also made for submitting amendments to the constitution. 

To continue work on the State-Hou.se $60,000 was appropriated. 
Appropriations in the interest of agriculture were made liy this Legis- 
lature. 

The population of Kansas had increased steadily, and grew more 
prosperous. One band of settlers from Russia sent back to their native 
land $10,000, and an offer to bring over three hundred emigrants. Thi.s 
is only an instance of the general prosperity that had come to the settlers 
of Kansas. 

On December 20, 1891, Senator Pnstoii 15. Plumb. United States 
Senator from Kansas, died, and Governor ITumpbrey ajipointed Hon. 
Bi.shop W. Perkins to fill out his unexpired term. 



838 KANSAS AND KANSANS 

After retiring from the governership, Mr. Humphrey resumed the 
practice of law. In 1892 he was defeated for Congress, as the Republican 
candidate in his District. 

Governor Humphrey died at Independence, Kansas, September 12, 
1915, at the age of seventy-one years. 



CHAPTER LVIII 

LORENZO D. LEWELLING 

By Mrs. Edith Connelley Ross 

Lorenzo D. Lewelling, the twelfth Governor of Kansas, was bom 
December 21, 1846, near Salem, Henry County, Iowa. His father was 
a Quaker minister. He died in 1848. Seven years later the mother 
was burned to death. She left a large and helpless family. For a short 
time Lorenzo made his home with a married sister, but poverty compelled 
him to leave this refuge and face the world alone. He did any labor 
that was honest, and his early life was one continuous terrible struggle. 

When the Civil War broke out he enlisted in an Iowa regiment. 
But fighting was against the Quaker creed, and his relatives secured his 
discharge. After many vicissitudes, he joined a bridge-building corps 
at Chattanooga, Tennessee. Here he accumulated a small sum of money, 
with which he entered Eastman's Business College, at Poughkeepsie, 
New York. After his graduation he worked his way westward, laboring 
as a tow-boy, a carpenter, a section hand. Once again in Iowa, he 
earned enough money to enter Whittier College, at Salem. He graduated 
from this institution when about twenty-one years old, and became a 
teacher in the Iowa State Reform School. 

On April 18, 1870, he married Miss Angie Cook, a teacher in the 
schools of Red Oak, Iowa. After his marriage he tried farming, which 
he soon abandoned to found the Register, a Republican weekly, at Salem. 

In 1872 Mr. and I\Irs. Lewelling were appointed to have charge of the 
Girls' Department, Iowa State Reform School, which position they held 
fifteen years, with the exception of two, during which he founded and 
edited an anti-ring Republican paper known as the Des Maims Capital. 
Mrs. Lewelling died while Matron of the School, leaving three daughters. 
Some time later Mr. Lewelling married Miss Ida Bishop, by whom he 
had one child, a daughter. 

In 1887 he brought his family to Wichita, Kansas, and in 1892, was 
nominated by the Populist party for Governor, and was elected. 

Governor Lewelling was inaugurated January 9, 1893, and was Gov- 
ernor of Kansas during the stormiest legislative session in her histoiy- 

The Republicans had a majority in the House, but the Populists 
claimed that it had been secured by fraud. Both parties claimed the 
right to organize the House. The Republicans elected George L. Douglas 
speaker, and the Populists J. M. Dunsmore. Prentis says: 
839 



840 



KANSAS AND KANSANS 



Both Speakei-s occupied the same desk, and during the first night 
slept under the same blanket on the floor in the rear of the Speaker's 
desk, each one with a gavel in his hand. 

Governor Lewelling recognized the Dunsmore House as legal, on the 
thli'd day. The Republicans protested, and both Houses continued to sit. 
An arrangement was etTeeted by which one house met in the morning 
and the other in the afternoon. Attempts to settle the ditifieulty were 
in vain. 




Gov. Lorenzo D. Lewelung 
[Copy by Willard of Photograph in Library of Kansas State Historical 



Society] 



and 



ed John :\Iartin 



The Senate and House mrt in joint 
United States Senator. 

L. C. Gunn, a business man of Parsons, was summoned to testify 
in a case by the Douglas House. He refused to come, saying the Repub- 
lican House was illegal, and was arrested by a Republican Sergeant-at- 
arms. The matter was brought before the Supreme Court. Pending 
the decisrion, the officers of the Populist party barricaded themselves in 
the Hall of Representatives. Tli.> mxt iiKU'nino. the door was smashed 
in by members of the Republican Iliuise. wliidi entered and took pos- 



KANSAS AND KAN SANS 841 

The situation looking serious, Governor Lewelling called out several 
companies of State Militia. Guns were brought up and artillerists 
ordered from Wichita. Sheriff Wilkinson announced himself the only 
regular guardian of the county peace, and swore in a large force of 
deputies, acting in the interest of the Republicans. 

There was much excitement and Topeka was filled with well-armed 
men. The Republican House was in a state of siege, food being passed 
up to the Representatives in baskets lowered from the windows of Repre- 
sentative Hall. On the tliird day a decision was reached that the Repub- 
lican House should hold the hall, and the Populists meet elsewhere. This 
ended the Legislative War of 1893. 

On the twenty-fifth of February, the Supreme Court affirmed the 
constitutionality of the Republican House, and the two Houses united. 

So much time was taken up in settling the war that but few laws 
were passed during this session. However, a constitutional amendment 
giving women the right of sufi:'rage was submitted to the vote of the 
people in the election of 1894. 

During the administration of Governor Lewelling, the World's Co- 
lumbian Exposition was held at Chicago, and Kansas was well repre- 
sented. 

In 1894 a genei-al unrest was evident among tlie poorer people and 
the laborers. There were many strikes and much discontent and 
suffering. 

In this year it wos discovered that Kansas was the possessor of rich 
oil and gas fields. Many companies were organized, land was leased, and 
large operations were started. Tims another national resource was added 
to the wealth of Kansas. 

Governor Lewelling was renominated in 1894, but the Republicans 
carried the election. In 1896 he was elected to the State Senate, and 
in 1897 was appointed by the Executive Council one of the Board of 
Railroad Commissioners. He was Chairman of this organization until it 
w'as abolished by the Legislature of 1898. 

Governor Lewelling died at Arkansas City September 3, 1900. Of all 
the Governors of Kansas, he probably had most sympathy for the poor. 



CHAPTER LIX 

EDMUND N. MORRILL 

By Mrs. Edith Connelley Ross 

Edmund N. Morrill, thirteenth Governor of Kansas, was born at 
Westbrook, Cumberland County, Maine, February 12, 1834. He came 
of a prominent New England family. He was educated in the common 
schools, and at Westbrook Academy, and also learned the tanning trade 
in his father's shop. After a couple of business ventures he came to 
Kansas, at the age of twenty-three, and settled in Brown County. In 
company with a partner he erected a saw mill, which was burned 
.shortly afterward. It required much time and labor for Morrill to pay 
otf the debt occasioned by this misfortune. 

Morrill was a member of the first Free-State Legislature, in 1857. 
In 1858 he was elected a member of the Legislature under the Lecompton 
Constitution, but the Constitution failed of adoption. At the beginning 
of the Civil War Morrill enlisted as a private in Company C, Seventh 
Kansas Cavalry. He was promoted to the rank of Captain, and, later, 
to Commissary of Subsistence. He was in charge of the Government 
.stores at Forts Henry and Donelson. In 1865 he was honorably dis- 
charged. He returned to Brown County and was elected Clerk of the 
District Court in 1866. In 1867 he was elected County Clerk and in 
1868 was again elected clerk of the District Court. In 1869 and in 1871 
he was elected Connty Clerk. In 1872 he was elected State Senator 
and he was re-elected in 1876. 

He was elected Congressman-at-large in 1882 by a large majority. In 
1884, 1886, and 1888, he was elected to Congress from his home dis- 
trict. He was ever a friend of the old soldier, and was active in 
securing pensions for them. Mr. Morrill declined a re-election to Con- 
gress in 1890, and retired to private life. 

He was twice married, his first wife dying childless. The second 
one bore him two daughters and a son. 

In 1894 he was elected Governor of Kansas by the Republican party. 
An Appellate Court was established by the Legislature. This was de- 
manded by the immense amount of business before the Supreme Court. 

Governor Morrill favored a Constitutional Convention. Among other 

things to be remedied he called attention to the fact that the legislative 

sessions were too limited in time, that there should be a constitutional 

prohibition of trusts and combinations for the purpose of I'aising prices, 

842 



KANSAS AND KANSANS 843 

and that there should be a change in the apportionment laws, so that 
representation should be more equal. 

An act was passed during Morrill's administration appropriating 
$30,000 for irrigation experiments, and a Board of Irrigation was ap- 
pointed. This has resulted in much good for Kansas. 

A law was also passed providing a fine and imprisonment for giving 
or taking a bribe. 




Gov. Edmund N. Morrilij 

[Copy by Willard of Portrait in Library of Kansas State Historical 
Society] 

But the Legislature of 1896 did not enact any important laws, nor 
was its session marked by the stormy vicissitudes of the body immediately 
previous. 

Kansas prospered steadily. Her gas resources proved to be far 
beyond all expectation, and manufactories, and smelters grew up in 
the gas fields. 

In 1896 Governor Morrill was unanimously renominated for Gov- 
ernor. But this year, being the famous "Free Silver" year, when 
politics were confused and upset, he was defeated. 

He then retired to private life, resuming his banking and real estate 



844 KANSAS AND KANSANS 

business at Hiawatha. Here he dwelt, until his death, which occurred 
in Santa Kosa Hospital, San Antonio, Texas, March 14, 1909. 

Mr. Morrill accumulated a large fortune, mostly through land specu- 
lations. But his riches never caused him to oppress the poor, and it 
developed in the campaign of 1896 that he had never foreclosed a 
mortgage. 



CHAPTER LX 

JOHN W. LEEDY 

By Mrs. Edith Connelley Ross 

John W. Leedy was born in Richland County, Pa., March 8, 1849. 
His ancestors were of Swiss extraction. His people were Dunkards, and 
their simple piety and integrity of character had their influence on the 
boy. His father died when he was very young, leaving his family in 
sti-aitened circumstances. So the boy was thrown on his own resources, 
and began life as a farm-hand. This left but little time for school, and 
a few months spent in rural schools represented his only opportunity for 
education. 

Leedy was fourteen years old in 1864, and he then endeavored to 
enlist in a military company. But the protests of his mother and his 
own youth prevented his being accepted. However, he followed the 
company to the front and was with it until the close of the war. 

In 1865 he went to Princetown, Indiana, and for three years clerked 
in a store. As this indoor occupation proved injurious to his health, 
he went to Carlinville, Illinois, and worked on a farm for five years. 
At the end of this period he purchased a small farm with his savings. 

He married Miss Sarah J. Boyd, of Prederickstown, Ohio, by whom 
he had three children. They moved to Coffey County, Kansas, in 1880, 
and took a farm near Leroy. He accumulated some property, which was 
later lost through business reverses. 

Governor Leedy was a Republican, but in 1872 he went over to the 
Democratic party, remaining there until the Populist party was organ- 
ized; then he became Populist. He was elected State Senator in 1892 
as a Populist. 

In 1896 he was elected Governor, being the second chief executive 
chosen by the Populist party. The Legislature of 1896 elected "William 
A. Harris, an ex-Confederate soldier, LTnited States Senator from Kansas. 
This Legislative session was the longest in Kansas history, lasting sixty- 
seven days. Over 2,000 bills were introduced, but less than three 
hundred were passed. A Text Book Commission consisting of eight 
members was created to be appointed by tlie Governor with the consent 
of the Senate. 

During the campaign of 1898 the matter of regulating railroad 
charges by law was much di.scussed. A special session of the Legislature, 
to consider railroad matters, was called by Governor Leedy, which con- 
tinued from December 21 until January 9, when Governor Stanley was 
845 



846 KANSAS AND KANSANS 

inaugurated. The old Board of Railroad Commissioners was abolished, 
and a ' ' Court of Visitation ' ' established. Tliis Court was given a general 
supervisory power over all railroads operating in Kansas. Other legis- 
lation was enacted at this session. 

Governor Leedy was renominated in 1898, but was defeated at the 
polls. During the administration of Governor Leedy, war with Spain 
was declared by the United States. Four regiments were raised in 
Three of these were not called to the field. The Twentieth 



% ,,,m ^ 



1 




Gov. John W. Leedy 
[Copy by Willard of Portrait in Library of Kansas State Historical 

Society] 

Kansas distinguished itself in the Philippines and its record is a source 
of great pride to Kansas. The work of Kansas soldiers in this war is 
treated more fully in another article. 

Kansas had recovered from the "hard times" and grew and flour- 
ished under the Leedy regime. Industries received a new impetus, and 
agriculture gained immensely. The farm products of Kansas for the 
year 1897-98 amounted to $288,259,056, which showed a gain of $4,350,- 
631 over the preceding biennial period. 

At the close of his term as Governor Mr. Leedy became interested 
in mining operations around Galena. He wont to Alaska in 1901, but 
finally located at White Court, Alberta, Canada. There he still resides. 



CHAPTER LXI 
WILLIAM EUGENE STANLEY 
By Mrs. Edith Coxnelley Ross 

William Eugeue Stanley, fifteenth Governor of Kansas, was bom 
December 28, 1844, in Knox County, Obio. In 1869 bis parents moved 
to Hardin County, wbere he was reared to manhood. 

Stanley's father was a physician, and a man of good character and 
much influence in the community. He sent bis son through the common 
schools. Later Stanley entered the Ohio Wesleyan University, at Dela- 
ware, Ohio. However, be left this institution before his graduation, and 
entered the office of Bain & King, at Kenton, where he studied law. 
Afterwards, be continued his studies in the firm of Conover & Craighead, 
at Dayton. He was admitted to the bar in 1868. 

Two years after be received bis diploma he came to Kansas, and 
located in Jefferson County, where be began the practice of his profes- 
sion. Soon after settling in Jeft'erson County be was elected County 
Attorney. 

He located at AVicbita in 1872. He sei-^-ed as County Attorney of 
Sedgwick County three terms. Following bis last term as County 
Attorney, he was elected to the State Legislature. He served one term in 
that body. An appointment as Judge of the Court of Appeals was ten- 
dered to him by Governor Morrill, but this honor he declined. 

In 1876 Mr. Stanley was married to Miss Emma L. Hillis, of Wichita, 
Kansas. Of this union were born three children, two sons and a daughter. 

Mr. Stanley followed his law practice industriously, and became well- 
known to the state at large as an honest, intelligent, bard-working man. 

The Republican State Convention which met at Hutchinson in June, 
1898, nominated him as the candidate for Governor. He was elected 
by a large majority. During this administration, marked progress was 
made in the recovery from the effects of the "boom" of the eighties. 
Speaking of the spirit of that time, Prentis says : 

The late summer of 1899 found the State in peace. The political 
contests, which had been sharp and severe for some years, and marked 
with mutations of fortune, had taught Kansas people that the State was 
safe in the hands of its honest citizens, without regard to their party 
designations. An era of good feeling prevailed. The losses sustained in 
the collapse following the boom of 1887 bad been largely made up. 
A singular feature of the recovery in the "boom towns," which in their 
speculative days, bad scattered their houses over a great area, was their 
847 



848 KANSAS AND KANSANS 

practical consolidation. Houses which had stood in empty desolation in 
the midst of boundless "additions," were removed nearer to the actual 
center of population, renovated and repaired, and became again places 
of biLsiness and the homes of men. 

The discharge of the heavy public and private indebtedness of Kansas 
was going on at a rate that surprised financial authorities, but the 
explanation was found in the great natural resources of the State. When 
asked how Kansas in seven years paid off more than $100,000,000 of debt, 
it was answered that, in those seven years, Kansas produced four billion 
dollars' worth of farm products and live stock. 




Gfov. William E. Stanley 

[Copy by Willai-d of Portrait in Library of Kansas State Historical 
Society] 



Governor Leedy had been censured for calling a special session of the 
Legislature to enact laws to regulate the railroads, through the Court of 
Visitation. Governor Stanley, while recommending a much more con- 
servative policy and much more leniency towards the railroads, still dis- 
played a firm inclination to support the Leed.y measure and give it a fair 
test. However, a suit to test the validity of the Court resulted in its 
being declared unconstitutional. 

As a measure of economy. Governor Stanley ui'ged on the Legislature 
the abolition of many useless offices, Init no steps were taken by that Ixxiy 



KANSAS AND KANSANS 849 

along this line. Acts were passed appropriating money to complete the 
State House, to establish a binding-twine plant at the penitentiary, to 
create a Traveling Library Commission, and many other measures 
demanded by the growing needs of the State. 

By the Legislature of 1901, a new Board of Railroad Commissioners 
was created and their duties defined. An appropriation of $47,000 was 
made to pay the transportation of the Twentieth Kansas. The good- 
roads question was agitated, a commission appointed, its powers and 
duties defined, and a tax levy fixed to meet the expenses. 

Joseph R. Burton was elected United States Senator by the Legis- 
lature. This body also accepted the Pike-Pawnee Village site as a gift 
to the State, and appropriated $3,000 to appropriately mark and fence 
the place. 

A strike of the convicts at the penitentiary in 1901 resulted in the 
killing of two of them and the punishment of the ringleaders. There 
was also a revolt at the United States prison at Fort Leavenworth, in 
which twenty-seven convicts escaped. Eighteen of these were killed or 
captured within a few days. 

After retiring from the Governor's office, Mr. Stanley returned to 
Wichita and resumed his law practice. This profession he continued to 
follow until his death, which occurred October 13, 1910. 



CIIAPTBK LXII 

WILLIS J. BAILEY 

By Mrs. Edith Connelley Ross 

Willis J. Bailey, was born in Carroll County, 111., October 12, 1854. 
He reeeiyed his education in the common schools, at Mount Carroll High 
School, and at the University of Illinois. He graduated from this latter 
institution in 1879. His intention had been to study law, but his life as 
a Kansas farmer never gave him the necessary time. However, his 
alma mater conferred the degree of LL. D. on him in 1904. In 1879, 
Mr. Bailey came to Kansas in company with his father. They located 
in Nemaha County. 

Mr. Bailey saw the richness of the soil, and the vast opportunities the 
future held for Kansas land. So he resolved to possess as much of it as 
passible. He first bought eight hundred acres, to which he has since 
added much. The land increased in value with marvelous rapidity, and 
this, together with stock-raising, made him one of the wealthy men of 
Kansas. The town of Baileyville was founded on a corner of the Bailey 
farm, and the surrounding country became thickly settled. Large rich 
farms in a fine state of cultivation mark that portion of the country. 

Mr. Bailey is an earnest Republican. In 1888 he was elected to the 
Legislature, and in 1890 he was re-elected. He was President of tlie 
Republican State League in 1893, but was defeated as the Republican 
candidate for Congress from the First District, in 1896. In June, 1898, 
he was nominated for Congressman-at-large by the Republican State 
Convention at Hutchinson, and elected. At the end of his term he went 
back to the farm, where he remained until he was nominated for 
Governor of Kansas, in 1902. He was elected, and began his term in 
Januarj', 1903. 

It was urged against him in the campaign, both in jest and seriously. 
that he was unmarried. But this cause of criticism he soon removed. 
While Governor, he married ]\Irs. Ida B. Weed. 

The Legislature of 1903 elected Chester T. Long LTnited States Senator. 
Acts were passed providing for tuition fees at State Institutions, con- 
tinuing the bounty on suuar bcrfs, in-oliiliiting the use of the slot-machine 
as a gambling devici\ |il;ii in-j siitiuil>,iii electric railways luuler control 
of the Board of Railio,,,! ( nniinissiuiHTs. api)ropriating .$100,000 for the 
Louisiana Exposition, and other iiiipoi'tant acts. 

Heavy floods in the spring of 190:) did iiiiirli daiiiage to Kansa.s. The 
850 



KANSAS AND KANSAXS 



851 



greatest losses were sustained at Topeka, Lawrence, and Kansas City. 
]\Iuch property M-as destroyed, and many people were drowned. So 
serious was the situation that Governor Bailey called a special session of 
the Legislature to deal with it. Attempts to maie direct appropriations 
for the relief of the flood sufiferei's failed, but means enabling them to 
help themselves were found. And ^33,000 was raised for their relief by 
Kansas people. 

In the second year of Governor Bailey's term, Joseph R. Burton, 
United States Senate r from Kansas was tried on a bribeiy charge and 




Gov. Willis J. B.\iley 

[Copy by Willard of Portrait in IjiV)rary of Kansas State Historical 
Society] 



convicted. He was sentenced to a fine of .$2,500 and six months ' impris- 
onment. Many people believed his prosecution malicious, and that he 
had not violated any law. either moral or statutory. 

In 1904, Kansas towns again suffered from floods, though not so 
severely as in the previous year. 

Beginning Monday, May 30, 1904, a three-days' celebration of the 
Semi-Ceutennial Anniversary of the organization of the Kansas Terri- 
tory under the Ka)isas-\el)i-aska .Vet was held at Topeka. 



852 KANSAS AND KANSANS 

Kansas was well represented at the Louisiana Purchase Exposition, 
and "Kansas Day" there was fittingly celebrated. 

The State Capitol of Kansas was finally completed in 1903. It had 
been thirty-three years in building. 

At the close of his term as Governor, Mr. Bailey removed to Atchison, 
and in 1907 became vice president and manager of the Exchange 
National Bank of that city. 

Though often urged to become a candidate for high offices by the 
Republican party, since his retirement, Mr. Bailey has never been active 
in the political field. He was elected a director of the Kansas City Fed- 
eral Resei've Bank in July, 1914. 



CHAPTER LXIII 

EDWARD W. HOCH 

By Mrs. Edith Connellet Ross 

Edwai'd AV. Hoch, seventeenth Governor of Kansas, was born at Dan- 
ville, Kentuckj', March 17, 1849. He attended the common schools of 
that place, after which he entered the Central University of Danville. 
However, he did not remain until his graduation, but left school to enter 
a newspaper office. He spent three years learning to be a printer, after 
which he came to Kansas. In Marion County, he pre-empted 160 acres 
of laaid and became a farmer. 

He soon gave up farming for the life of a country editor. He had 
many a hard struggle to keep his enterprise afloat, and it seemed at times 
that the paper was foredoomed to failure. In addition to the usual 
trials of the countn' editor, Hoch suffered much loss through the grass- 
hoppers in 1874. It took him till 1876 to fully recover and pay up all 
his debts. 

On ]\Iay twenty-third of that year he was united in marriage with 
Miss Sarah L. Dickerson of ^Marion. Thej- have four children, two sons 
and two daughters. 

Hoch was a staunch Republican ; his paper strongly advocated Repub- 
lican principles. He was recognized by the Republican leaders as a man 
to be considered in settling party matters. He was elected to the Legis- 
lature in 1888 and again in 1892. This latter term was during the 
"Legislative War," and Mr. Hoch M^orked hard to gain recognition for 
the Republican House. 

In 1894 he was urged to become a candidate for Governor. He did 
not do so, but in 1904 he was nominated and elected by the Republican 
party. He was re-elect€d in 1905. 

The feature of the Legislature of 1905 was the contest of the State of 
Kansas with the Standard Oil Company. The oil resources of Kansas 
reached an advanced stage of development prior to this time. Oil fields 
in Neosho, Wilson, ^lontgomery, Chautauqua, Franklin and Miami coun- 
ties were brought up to a production of over 3,000,000 barrels a year. It 
was a new industry in Kansas, and there were no laws governing the oil 
business. The oil producers felt the need of such laws, and determined 
to secure their enactment if possible. On the twelfth of January, a meet- 
ing was held in the office of H. E. West, at Peru, Kansas. William E. 
Connelley was directed to draft a call for a state meeting of the pro- 
853 



854 KANSAS AND KAXSAXS 

ducers. Pursuant to this call they assembled at Topeka, and on the 19th 
of January, Connelley formulated the following resolutions, which were 
adopted by this meeting, and which organized the Kansas Oil Producers 
Association. They also outlined the laws believed necessary for the con- 
servation and future development of the oil business. 

Resolved. That it is the sense of this association that the State of 
Kansas ought to erect and maintain a refinery for oil, of the capacity of 

at least 5,00(1 luirrels dailw 




Gov. Edward W. Hoch 

[Copy by Willard of Portrait in Lilirary of Kansas State Historical 
Society] 

Resolved, That it is the .sense of this a.s.sociation that a law should 
be enacted by the present legislature making all pipe-lines now built and 
those to be constructed in the future for the transportation of oil com- 
mon carriers, subject to all the laws, duties and obligations of the same, 
and that said lines be regulated in all matters by some competent author- 
ity, to be designated by the legislature. 

Resolved, That it is the sense of this association that the legislature 
ought to protect the industries of this state by a law providing heavy 
penalties for its violation, and which should prohibit any dealer, owner or 
manufacturer from selling his products at a lower price in one portion 
of the state than in another portion thereof, all items of cost considered, 



KANSAS AND KANSANS 855 

thereby creating a monopoly and destroying competition in manufacture, 
trade, and commei'ce. 

Resolved; That it is the sense of this association that the present 
legislature should by law provide for transportation rates and charges by 
railroads and pipe-lines that will enable the producers of oil in this state 
to sell their product or any portion thereof at a fair profit for fuel and 
other purposes. 

Resolved, That it is the sense of this association that the present legis- 
lature should provide a competent board of inspection, to be supported 
by reasonable fees collected for services performed, to- protect the 
resources of the state by the proper action concerning dry, abandoned, 
imperfect, exhausted or dangerous oil or gas-wells. Also for the inspec- 
tion and proper grading of the crude oil produced in the state, and 
having authority to act upon the appeal of producers or purchasers in 
case of dispute. 

Resolved, That it is the sense of the Kansas oil producers, in conven- 
tion assembled, that the action of Governor Hoch in recommending such 
legislation as will protect the Kansas producers of crude petroleum and 
the refiners of the same from the crushing and throttling grasp of 
monopolistic influences is most heartily and sincerely commended as the 
act of a man to whom the interests and welfare of the people of this 
state are very dear; and we furthermore thank him from our innermost 
hearts for his manly actions and his mode of encouragement to the oil 
producers of the state. 

Resolved, That the thanks of this association be tendered all the mem- 
bers of the present legislature for the manifest disposition shown to 
preserve and foster the oil industries of Kansas. 

Governor Hoch aided in securing the enactment of the seven laws 
demanded. That providing for the erection of a State i*efinery was 
declared unconstitutional by the Supreme Court. The other laws have 
stood the test of time, and have demonstrated the wisdom of their enact- 
ment. The Anti-Discrimination law has proven one of the most beneficial 
ever enacted. It immediately reduced the price of kerosene in the terri- 
tory west of IManhattan from an average of twenty-one cents a gallon to 
an average of twelve cents a gallon. On the one item of oil it has saved 
annually to the people of Kansas at least six hundred thousand dollars. 
It is a general law, and applies to packing-house products, flour, and all 
other manufactured articles. It is a conservative estimate to say that the 
Anti-Discrimination law has saved the people of Kansas annually one 
million dollars since its enactment. 

Other important acts of this Legislature provided for the luiiformity 
of railroad freight rates, the regulating of the working-hours of railroad 
employes, and the prohibition of special privileges. A chilil-labor law was 
pa.ssed and an act was also passed providing jiivenile courts. Provision 
was made for a State Printing Plant. The D. A. R. were given an appi-o- 
priation to mark the old Santa Vc Trail. 

From September 26 to 'JH. tiic Pike Centennial was celebrated in 
Republic County, and by the school children generally, ovei- the state. 

The Legislature of 1907 elected Charles Cui-tis United States Senator. 
An act was passed l)y this Legislature reducing the railroad fare from 
three to two cents per mile, and an anti -pass law was enacted. A ta.K I:iw 



856 KANSAS AND KANSANS 

providing for the assessment and taxation of property at its real value, 
was passed. 

In 1908 Governor Hoch called a sj^ecial session of the Legislature 
at which he urged the enactment of a primary election law, giving the 
people a chance to express their choice for United States Senator. This 
act was passed, along with several others. 

Since he retired from the Governor's ofiSce, Mr. Hoch has done much 
in the lecture field. His eloquence has made him a favorite on the lecture 
platform. His sou has active management of his paper. The family 
resides at Marion. He is now a member of the Board of Administration, 
in charge of the educational institutions of the State. 



CHAPTER LXIV 
WALTER ROSCOE STUBBS 
By Mrs. Edith Connelley Ross 

Walter Roscoe Stubbs, the eighteenth governor of Kansas, was bom 
November 7, 1858, near Richmond, Wayne County, Indiana. He is of 
Quaker parentage, and boasts as his proudest heritage, the qualities and 
traits of that people. When he was still a child his parents removed 
to Iowa. From there they came to Kansas and settled at Hesper, Douglas 
Couuty. 

Stubbs was educated in the Douglas County public schools. For a 
time he attended the Kansas University, but did not graduate. As his 
parents were not wealthy, he was compelled to work. He engaged in 
many occupations, among them, clerking, farming, and driving a mule 
team. This latter labor suggested opportunities to him. So, before his 
twenty-first year, he had secured a pair of mules. With these he took 
a contract for grading a bit of railroad. With the assistance of another 
team he completed the work and made a small profit. This was the 
beginning of his contracting business. He came to be one of the best 
known railroad contractors in the West. 

Mr. Stubbs did not enter the political arena until after his fortieth 
year. In 1902 he was nominated by the Republicans of Douglas County 
for representative in the Legislature. Though he had not solicited this 
office, he was elected, and he endeavored to fill it faithfully. He was 
re-elected in 1904. In that year he was also Chairman of the Republican 
State Central Committee. 

Economy in the management of the State's finances was one of his 
special issues. As speaker of the House he appointed a committee to 
investigate the matter of an excessive number of employes of the Legis- 
lature. The result of this was the reduction of three hundred and twenty 
people — in 1903 — to less than seventy people in 1905. 

In 1906 he was elected to the Legislature for the third time. He 
was nominated for Governor by the Republican party in 1908, and 
was the first Kansas Governor to receive his noniiiiatioii direct from the 
people at a state-wide primary. 

The Legislature of 1909 elected Joscpli L. Bristow United States Sen- 
ator from Kansas. Governor Stubbs urged the foi-mation of a Public 
Utilities Commission. Also the need of better roads in Kansas. 

An act was passed by tliis Legislature establishing a standard of 
857 



858 KANSAS AND KANSANS 

weights and measures for staple products, and people appointed to 
examine and correct scales and measures. Several acts restricting 
insurance companies were passed. A child labor bill to protect chil- 
dren under fourteen years of age was passed, the use of intoxicating 
liquors on trains passing through Kansas was forbidden, pi'ecautions 
were taken against floods. An appropriation of $200,000 was made 
to erect a building at To|)cka, as a ^Memorial to the soldiers and sail- 




Gov. W.\LTER R. Stubbs 
[Copyriglit liy Sijuier. Photographer, Lawrence] 



ors of the Ci\Til AVar. The building was to house the G. A. R. and 
the Kansas State Historical Society. 

Liberal provision was made for tin' inaiiitciuiiu-e of State Insti- 
tutions. 

The Legislature of 1!)11 passed many progressive acts, protecting 
the interests of the citizens of Kansas. Among them, the most dis- 
cussed was Senator Dolley's "blue sky" law — a law providing for the 
regulation and supervision of investment companies. This made the 
establishment and niKTatioii of a ' wild eat"' coiiipany an impossi- 
bility in Kansas. 



KANSAS AND KANSANS 859 

In addition to a large appropriation for the use of State Institu- 
tions, $100,000 was appropriated by this Legislature for the estab- 
lishment of a new State Insane Asylum. 

Some little trouble was experienced in Southeastern Kansas in the 
enforcement of the Prohibitory law. There was talk of a .special ses- 
sion to consider steps to combat a plague which killed many horses. 
However, the situation proved not to be serious enough to necessitate 
this measure, and nothing was done about it. 

After leaving the office of Governor, Mr. Stubbs returned to hi.s 
home at Lawrence, Kansas. Here he is the owner of a beautiful estate 
known as "Wind Hill." He is now engaged in the business of rais- 
ing cattle, and has large ranches in Colorado, New Mexico, and Texas. 
He is one of the most enterprising citizens of Kansas. 



CHAPTER LXV 
GEORGE H. HODGES 

The administration of Governor George H. Hodges achieved much 
for Kansas. Governor Hodges had had much experience in dealing 
with public institutions of the State. He had served in the Senate 
with distinction, and was thoroughly familiar with the needs of Kan- 
sas and her institutions. He gave the state a genuine, thorough business 
administration. In the Senate Journal of 1913, at page 847, will be found 
a review of the administration of Governor Hodges. A careful study of 
that document will show that much was done for the good of Kansas 
during his ofBcial term. 

In the ceremonies of surrendering his oiSee and the installation of 
his successor, Governor Hodges reviewed the work of his administra- 
tion. It is the best account of what he accomplished to be found, as 
follows : 

We close our administration today with the consciousness that everj* 
obligation, pledged or implied, has been complied with. Of the four- 
teen platform pledges possible to fulfill, thirteen have been written 
into the statute books of this state. We have given Kansas the full 
measure of our limited ability. The public has but scant concern for 
the retiring public official. Hi.s efforts are ended. But they view new 
ofScials with an honest measure of expectation. I do not believe it is 
in bad taste to recount a few of the records of Democratic accomplish- 
ment. 

We believed, and the public in general thought, that this state was 
upon a cash basis. We found one-fourth of the 1913 taxes, amount- 
ing to $832,000, drawn in advance, and practically all spent, in the 
liquidation of bills contracted in 1912. 

A penitentiary burned to the ground, was committed to our keeping- 
encumbered with an indebtedness of .$19,000. We leave it rebuilded, and 
in the best physical condition and the best moral condition known in its 
history. 

The finest penal twine plant in the world has been built, and for the 
first time in the history of the state an adequate supply of filtered water 
is now furnished the prison. 

We leave the beautiful Memorial hall finished, while it was bequeathed 
to us an enclosed building with a $10,400 indebtedness against it. 



KANSAS AND KANSANS 



861 



We have a state textbook plant that solves the school book question 
for all time to come. 

Both the tuberculosis sanitarium at Norton and the insane asylum 
at Larned are completed. Sewers, power plants, water supplies, are 
provided, that will be adequate for the growth of that institution for 
twenty years to come. The orphan's home at Atchison, the institution 
for the feeble-minded at Winfield, the state hospital at Osawatomie, 
have all been provided with adequate water supplies. Silos of 3,000 




Gov. (iKdllCi: II. IlnixiES 

[Photograph hy Willard, Topeka] 



tons' capacity have been buildcd during the past two years at the state 
institutions. 

Wonderful improvciiients have l)een made at the Osawatomie hos- 
pital. Food and supplies were being .stored in rat-infested vermin-rid- 
den rooms. They are now taken care of in a magnificent fireproof 
building. A cold storage plant of more than adequate size has been 
built. Splinter floors and roach-infested wain.seoting have been replaced 
with tiled floors and tiled wainscotiiigs, and the in.stitution is now in 
splendid physical condition, which should be a jiridc to tlu' people of 
the state. 

Our great educational institutions, instead of pulling against each 



862 KANSAS AND KANSANS 

other, are now articulating and working harmoniously one with the 
other, under a single board. The wonderful improvement made in these 
institutions is the result of the one board experiment, so-called, and it 
proved beyond the peradventure of a doubt, that in limited numbers 
accountability and responsibility defined. 

The change in the oil in.speetion department has netted the state 
an additional revenue of .$35,500 more a year than ever before. 

The grain department has been an asset to the state rather than a 
liability. 

We have paid a bond of $211,000 during our administration. 

I believe there is directly attributable to the efficiency of the fire 
marshal's department, almost a million dollars less fire loss a year than 
in the past. 

The obnoxious direct inheritance tax laws were repealed and in 
lieu thereof a corporation tax law was passed, which has netted the 
state almost .$200,000 the first year of its activity. 

The women of Kansas have been recognized by this administi'ation 
for the first time in the history of the state, and while there was but 
one position of responsibility held by a woman when I became execu- 
tive, there are now twenty-three who are a part of this administration; 
and the board that I deem the most important in the state has as one 
of its members a woman. "We have women superintendents at the schools 
for the deaf, the blind, the orphan asylum, the girls' industrial school, 
and women also fill other positions of responsibilitj'. These women 
appointees have lived up to the full measure of their responsibility. 

There has been no department of state that we are responsible for 
but that has filled every expectation. You will pardon my calling atten- 
tion to the wonderful record of the bank commissioner's department. 
There have been eight bank failures and in only one instance was it 
necessary to apjDoint a receiver, the cost of such receivership amount- 
ing to less than a tliousand dollars. The other seven banks that failed 
were reorganized and put in a going condition at less than an average 
cost of $225 to each bank. Not a depositor has lost a penny, nor has a 
dollar been taken from the depositors' guaranty fund to replace any 
loss. We but ask a comparison in this department, as well as in all 
others, with former administrations. 

We said in the campaign that the departments under our control 
would be administered economically and with the lowest possible expense. 
A comparison of the maintenance of all the state institutions — other 
than educationally — will show a decrease as compared with the expend- 
itures of two years ago. 

State institutions have been buihh'd that were necessary. Water 
supplies have been provided. Irrigation plants have been completed. 
The operations of farming have been increased a hundred per cent, and 
the decided increase in the number of scholars in our schools have neces- 
sitated a greater expenditure than heretofore for educational purposes. 

Tlie expens(> of condueling the department directly under my charge 
— the executive office and resident — has been $18,000 less during my 



KANSAS AND KANSANS 863 

tenure of office than the aiuoimt spent the last two years by my pred- 



It might not be amiss to speak a word about the greatest social prob- 
lem that confronts the state, namely, the penitentiary. It has been the 
interpretation of the pardon board, pardon clerk and myself that when 
a prisoner serves his minimum sentence he should be paroled if he has 
a clear prison record. The governor's function in board paroles is 
merely clerical. He should be relieved of that burden and the action 
of the board should be final. 

The board has paroled a few over 400 during the past two j'ears. 
In other words, that many prisoners have sei-ved their minimum term 
and have been released. The executive has paroled up to and includ- 
ing December 1, 204. There are men who have not served their mini- 
mum. In every case the pardon board has investigated thoroughly 
and in a painstaking manner, the record of these men, and they have 
recommended them for executive clemency. The chairman of the board 
advises me that seventy of these men have been paroled because they 
were in an advanced stage of consumption, paralyzed or crippled. A 
number of these men were paroled that they might die outside of the 
prison walls. Of the 200 given executive clemency, but twenty-seven 
have violated their paroles. The balance of these men are by their hon- 
est efforts winning their way back into society, providing for their 
wives and families, and becoming constructive citizens. I feel that 
giving these men a chance to become self supporting is one of the most 
pleasing duties of an executive. 

It is true that divers and sundry rumors have been set afloat in 
opposing papers saying that we had been overstepping the bounds of 
reason in the matter of paroles, but we do not feel that we have. 

A commission has been appointed, and their recommendations are 
filed in the office of the governor-elect for the further improvements 
of the Kansas penitentiary, and I feel that it is highly important 
that the men who are confined behind the prison walls should be housed 
in such a manner that when they have served their minimum sentence 
they will not leave the prison infected with tuberculosis, as quite a per- 
centage of the men now are. 

The experience of my tenure of office emphasizes to me the neces- 
sity of a change in the departments of state to procure that which 
the public desires — greater efficiency and more economy. The short- 
ened ballot and a legislature consisting of one body of a small nam.- 
ber of legislators, will be a step in the direction of a solution of ^he 
problem. The same recommendation applies with equal force to 
county officials. 

The prohibition laws of our State have been enforced equally as 
well if not better than ever in the history of Kansas. 

In looking back over the eiTorts of the various departments of this 
administration the past two years, I commend myself upon having 
appointed loyal, efficient Kansans, who have placed their state obliga- 
tions above personal desire or politics. T have given this state my best 



864 KANSAS AND KANSANS 

efforts aud I feel more than satisfied with the results accomplished, 
and while it perhaps may be presumptuous to prophesy, but I doubt 
very much whether there will be a single law of moment passed by the 
last legislature that will be repealed, or that a single policy of moment 
now in eflfect in any of the state departments will be changed. Minor 
details may be changed, as is always the case, as we correct by the ben- 
efits of experience. 

I bespeak for my successors from tlie Democratic papers of this 
state, that which has been denied me by the Republican press — the truth. 
I earnestly hope that the citizenship of Kansas, irrespective of poli- 
tics, will co-operate with the governor of this State in each and every 
righteous endeavor that he may attempt. I earnestly wish for him 
a successful administration. Our love for our great commonwealth and 
our loyalty to Kansas, not only inspires me, but should inspire every 
Kansan, irrespective of politics, to be ready to assist in any and every 
manner whatsoever for the continued growth, prosperity and upbuild- 
ing of the great Sunflower state. 



CHAPTER LXVI 

ARTHUR CAPPER 

By Cecil Howes 

Arthur Capper was the first native Kansan to be elevated to the high- 
est office in the gift of the people of his State. He came into office under 
a severe handicap, and the first few months of his term was marked by 
two outstanding achievements. 

He found the upper branch of the Legislature entirely out of sym- 
pathy with his plans, and that the State Institutions were managed by 
his political opponents. He compelled the Democratic Boards to give the 
State real service without politics as the controlling factor. 

He proved to the voters of the State that he meant what he said when 
he made his campaign speeches promising certain things. He regarded 
these promises as notes, to be paid, "according to the bond." 

Without any other matters of State this record alone would probably 
have given Governor Capper a second term, but there were so many 
things of real value accomplished during the administration that he was 
re-elected by a plurality of 162,000, the largest ever given a candidate 
for a State office in Kansas. 

The Governor had promised an ecoziomical administration. The at- 
tempt of the opposition to load down the appi'opriation bills, was broken 
up by the Governor himself; he vetoed bills and parts of bills that carried 
appropriations he believed unnecessary. During the entire two years he 
has been in office, the Governor has kept close watch of all the financial 
affairs of the State. While it could not be expected that a growing State 
could reduce expenditures, he has been able to prove that a growing State 
could get a real dollar's worth of service or goods for every dollar it 
spent. In working over the financial affairs of Kansas, Governor Capper 
discovered many faults of the old systems, and he has asked the Legis- 
lature to give the State a budget system as a means of preventing much 
waste which cannot be prevented under the present plan. 

As the result of the Governor's efforts, the Legislature named an 
Efficiency and Economy Commission, which spent nearly two years in- 
vestigating all the State institutions and departments. It has urged a 
radical change in the administrative affairs of the State, consolidating 
boards, reducing the number of administrative officers and providing for 
the hiring of experts in different lines to handle the business of the differ- 
ent departments outside "f those of the constitutional officers. Just be- 

Vol. 11— 18 

865 




Airriiru ('atper, GdVKRXoR (if Kansas 
Photograpli by Willar.l, Topoka] 



KANSAS AND KANSANS 867 

fore the Legislature was to convene at the opening of his second term, 
the Governor called one hundred business men from all parts of the State, 
to Topeka. They submitted recommendations for revising the systems of 
city and county governments to make the administration of local affairs 
much more economical and efficient by centralizing the power of adminis- 
tration and fixing the responsibility of the officers. 

The first term of Governor Capper really put several milestones in the 
path of Kansas achievement. Here are some of the tilings Kansas is 
proud of discussing: 

Provision for i^ensions for mothei-s who are deprived of adequate 
support, and who must break up their homes unless they can have help 
from the counties where they live. The law, being the first one drafted, 
is, of course, defective in some respects, and the Governor has urged some 
important changes that will widen the scope and possibilities of this 
humanitarian Statute. 

Civil Service has been adopted in the State Institutions and depart- 
ments. 

A bureau for the education of mothers in the care of tlie babies — 
potential citizens — was established. The activities of this bureau can be 
easily followed by the reduction in the death rate of babies wherever the 
bureau opened its campaigns. 

The most crooked election ring in the State was broken up, and the 
last election in Kansas City, Kansas, is said by the citizens there to have 
been the cleanest election held in the city for fifteen years. 

The worst political and judicial scandal in the history of the State, 
the natural gas litigation and receivership, with its thousands of dollars 
in fees to political lawyers, was given an airing that is certain to bring 
remedial legislation which will prevent a recurrence of such bold and 
shameless looting. 

The establishment of an Industrial Commission to investigate and 
give relief to the women-workers in stores a!id factories and with author- 
ity to limit the hours of labor, fix the wages and determine the conditions 
under which women may work in Kansas. 

While Arthur Capper was campaigning there had been a pardon 
granted a banker who had defrauded the depositors of a bank. In a 
speech the Governor declared that he was in faA'or of the prison for big 
as well as little thieves. During his first term as Governor, not a single 
pardon was granted except for final discharges of prisoners and then only 
conditional upon good behavior and although extreme pressure was 
brought, the Governor refused to even parole some of the big thieves in 
the Kansas prison. 

The big printing establishment of Arthur Capper is often spoken of 
as the "best oiled" machine of its size in the country. It works so 
smoothly that one hardly knows there is a guiding hand. This is done by 
the employment of thoroughly competent people for handling each de- 
partment. It is, the Governor's idea that a State could be run in .iust 
about tlie same way. — no fuss nor featliers, juul no brass l)aiul. That is the 
way Arthur Cappei' iias tried to run Kansas in the jiast two years, and 



868 KANSAS AND KANSANS 

will continue to run it for the next two. He hires the most competent 
men and women he can i5nd for the State positions, and holds them 
directly responsible for the proper performance of their duties. There 
has been less friction, less political opposition and more correlation of the 
State departments and institutions, resulting in greater economy and 
efficiency in the administration of affairs than Kansas has ever known, 
and it has been done so unobtrusively that many do not realize the tre- 
mendous happenings in State business that have taken place in the past 
two years. 



CHAPTER LXVII 
MILITARY HISTORY , 

No state ever made a better military record than has the State of Kan- 
sas. The disorders of the Territorial days developed the military spirit 
of the Kansas pioneers. The Territorial period was, in fact, part of the 
Civil War, — the preliminary struggle. The Free-State men were nearly 
all under arms during the conflict with the Border-Ruffians. That train- 
ing counted much for the Kansas regiments in the field in the Rebel- 
lion. There is no record of any Kansas regiment in the Civil War, Indian 
wars, or Spanish American War, Border wars, or any other conflict, 
where the Kansas troops in any way failed to meet the highest require- 
ments of military service. There are innumerable instances of extraordi- 
nary achievement by Kansas troops in these wars. The records show 
that Kansas always furnished more men than the requisition of the 
Government called for. The Kansas people are peace-loving and prefer 
to till the soil and engage in other pursuits required to develop the in- 
dustries of the State. But if they have to fight, they know how. No more 
patriotic people ever lived than those of Kansas. When called on to ren- 
der military duty, they have promptly responded, and, as above said, in 
larger numbers than requisitioned. In the Civil War Kansas furnished 
more enlisted men than she had voters, a record which is not approached 
by any other State. If any proof were needed of the intense loyalty of 
Kansas people, this might be presented as the strongest evidence. 

It is much regi"etted by tliis author that the limits of this work pre- 
vents an exhaustive review of the splendid sei-vice of every military 
organization ever produced by Kansas. 

Following is presented a brief account of the service of each regiment. 

The military- tables quoted lierein are fi'om the Andreas History of 
Kansas. 

FiR.ST Regiment Kansas Volunteer Infantry 

Tlie First Regiment of Kansas Volunteer Infantry was raised under 
the call for troops made by President Lincoln May 8, 1861. The regiment 
had its rendezvous at Camp Lincoln, near Fort Leavenworth, and was 
recruited between the 20th of May and June 3rd, on which day it was 
nnistered into the United States service. 

The following officers, commissioned liy Governor Charles Robinson, 
constituted the Field and Staff: 

860 



870 KANSAS AXD KAXSAXS 

George W. Deitzler, Lawrence, Colonel ; Oscar E. Learnard, Burling- 
ton, Lieutenant-Colonel; John A. llalderman, Leavenworth, ilajor; Ed- 
win S. Nash, Olathe, Adjutant ; George H. Chapin, Quindaro, Quarter- 
master; George Buddington, Quindaro, Surgeon: Ephraim Nute, Law- 
rence, Chaplain. 

This regiment was recruited, organized, drilled and mustered into 
service in practically two weeks ' time. And within but little more than a 
week from the day its soldiers first responded to their names on the 
muster roll they were ordered into active service. On June 13th seven 
companies of the First Kajisas left Leavenworth for Kansas City, and on 
the 20th the remainder of the regiment followed. Their objective was 
Springfield, ^Mo., where they were to join the army of General Nathaniel 
Lyon. At Kansas City the I'egiment was reinforced by a battalion of 
United States Infantry and two companies of United States Cavalry 
commanded by Major Sturgis, U. S. A., and together they moved south- 
east, joining General Lyon at Grand River on the 7th of July. On July 
10th the entire command reached Springfield, already occupied by the 
forces of General Sigel. Here the First Kansas tasted some of the priva- 
tions of real war, for supplies were practically exhausted and fresh beef, 
without salt, was the only luxurj' the commissary afforded. 

The regiment received its ' ' baptism of fire ' ' at Dug Springs, whither 
Lyon had gone to intercept a confederate force advancing from Cassville. 
This encounter was successful, the detaelunent from McCulloch's division 
being speedily dispersed by Lyon's command. The Dug Springs skir- 
mish was but a preliminary to the battle of Wilson's Creek, which 
occurred some days later, and in which the First and Second Kansas, 
' ' raw regiments, ' ' were to have their first experience of desperate conflict. 

Lyon had moved his army as far as Dug Springs to test the strength 
of the enemy, and having forced them to retreat, he returned to Spring- 
field. He was fully aware that the rebels were concentrating their forces 
on Wilson's Creek, twelve miles southwest of Springfield, and that his 
own position was becoming daily more dangerous. The strategy of this 
movement was plain to him and he made repeated attempts to "draw" 
the Confederates. In these he failed, and realizing the impossibility of 
any retrograde movement, pressed upon as he would be, by such superior 
numbers, Lyon determined to force a battle by attacking the enemy in 
their camp. 

He called a council of his Field Officers on the evening of August Sth 
and made the following statement to them : 

Gentlemen, there is no prospect of our being reinforced at this point ; 
our supply of provisions is running short ; there is a superior force of 
the enemy in front, and it is reported that Hardee is marching with nine 
thousand" men to cut our line of communication. It is evident that we 
must retreat. The (juestion arises, what is the best method of doing it? 
Shall we endeavor to retreat without giving the enemy battle beforehand 
and run the risk of having to fight every inch along our line of retreat ? 
Or shall we attack him in his position and endeavor to hurt him so that 
he cannot follow? I am decidedly in favor of the latter plan. I propose 
to inarch this eveninnr with all our available force, leaving only a small 



KANSAS AND KA.XSANS 871 

guard tO' protect the property which will be left behind, and, marching 
up tlie Fajetteville road, throw our whole force upon him at once and 
endeavor to rout liim before he recovers from his surprise. 

For some reason Lyon's plan, wliich was both l)o]d and skillful, was 
iKit i-nrried into eti'ect on the evening of the 8th, as fii*st proposed, but was 
p(ist|H.ned for a day. To carry out his plans he divided his army into two 
di\isions, the main body of about 3,000 men he commanded himself, the 
other of some 1,500 was under General Sigel. 

Earl_y in the morning of August 10th, moving as pre-arranged, Lyon's 
command reached the left rear of the enemy. Here he placed his batter- 
ies in position and opened tire almost simultaneously with Sigel, who had 
moved Iw the Fayetteville road to a position also in the rear of the enemy, 
but on their right. Lyon's hope through this maneuver was to demoralize 
the Confederate force quickly by throwing it upon its own center. 

The First Kansas came onto the battlefield following the First Jlis- 
souri and the First Iowa, and with the First Missoui-i, occupied the center 
of the field. The Second Kansas was held in reserve during the early 
part of the engagement and did not go into action until shortly before 
General Lyon was killed. Owing to the advanced position held by the 
First Kansas it contended, from the moment of entering the fight, with 
most fearful odds. Andreas' History of Kansas says: 

The rebels led battalion after battalion against the determined little 
band (the First Kansas and the First Mis.souri) only to be repeatedly 
driven back in confusion, and from the beginning to the close of the 
struggle, in the language of the ofticial report "all the officers and men of 
this command fought with a courage and heroism rarely, if ever equaled." 

Sigel's assault on the enemy's right had been disastrous to his com- 
mand ; the rel)els had returned his attack, dispei-sed his men, captured his 
guns and sent him flying back to Springfield, thus leaving Lyon's divi- 
sion to bear the brunt of the battle. Counting on reinforcements from 
Sigel, the Second Kansas was brought into action as the enemy, moving 
under the protection of the stars and stripes captured from Sigel 's divi- 
sion, had attained a desired position, and as the battery aiding in the de- 
ception, poured charge after charge of shrapnel and canister into the 
Union ranks. This devastating fire raked the Second as it moved to its 
position, severely wounding its Colonel, Robert B. Mitchell. General 
Lyon, taking Mitchell's place received his death wound, as he led the 
Second in its charge. Major Sturgis in his official report of the battle 
says of this crisis : 

After the death of Gen. Lyon, when tlie enemy Heii, and left the field 
clear so far as we could see, an almost total silence reigned for a space of 
twenty minutes. . . . 

Our brave little army was scattered and broken; over 20,000 foes 
were still in our front, and our men had had no water since five o'clock 
the evening before, and could hope for none short of Springfield, twelve 
miles distant. If we should go forward, our success would prove our 
certain ruin in the end; if we retreated, disaster stared us in the face: 
our ammunition was well-nigh exhausted, and should the enemy make 



872 KANSAS AND KANSANS 

this discovery, through a slackening of our fire, total annihilation was 
all we could expect. 

So sanguinary was this battle that the Confederate reports refer to 
the ridge where it was fought as "Bloody Hill." Of the close of the en- 
gagement Andreas has this to say : 

When the struggle was fiercest, and the combatants were literally 
fighting muzzle to muzzle, three companies of the First Kansas, with a 
remnant of the First j\Iissouri and First Iowa, took possession of an 
eminence on the right flank of the enemy, which commanded the position 
they were endeavoring to gain, and as the rebels charged up the bluff, 
they encountered sueh a fearful storm of lead, both from the front and 
right, that they fell back appalled, nor even attempted to rally their 
flying disorganized forces. This rout practically ended the battle. For 
six hours it had raged almost without respite. The troops, many of them 
hardly long enough in the service to have grown familiar with their own 
names on the muster-roll, passed the ordeal of their flrst battle in a 
manner that no veteran need have scorned. The first gun broke the 
stillness of the early morning at about 5 o'clock. The last was fired at 
half past eleven. Then the order was given by General Sturgis to retire, 
and the exhausted and broken column preceded by the ambulances con- 
taining their wounded, left the field, and fell back to Springfield. 

Official reports give the numbers engaged in the battle of Wilson's 
Creek as 20,000 Confederates and 5,000 Union soldiers. 

From Springfield a forced march was made by the Union troops to 
Rolla, and from that point the First Kansas was ordered to St. Louis and 
thence to Hannibal. They were employed until January, 1862, in guard- 
ing different posts on the Hannibal & St. Joseph, and Missouri Pacific 
railways. In January the regiment was ordered to Lexington, ilo., and 
from there was sent to Fort Leavenworth and granted a furlough of ten 
days. 

At the expiration of this time it joined the army of General Curtis, 
which was destined for New IMexico. The rendezvous was Fort Riley and 
there the regiment remained during the winter. In the meantime the 
"New Mexico expedition" was abandoned and in May the First Kansas 
was ordered south. Its destination was changed from Pittsburg Landing, 
Tenn., to Columbus, Ky., which place it reached in June. And from then 
until late in September it was again used in guard duty, guarding the 
Mobile & Ohio Railroad, with headquartei-s at Trenton, Tenn. 

In October the First Kansas became a part of JlcPherson 's Brigade, 
and was ordered to reinforce Gen. Rosecrans at Corinth. Under his 
command it took part in the pursuit of Van Dorn, going as far as Rip- 
ley, Miss. The regiment was then transferred to Col. Deitzler's Bi-igade 
and with Gen. Grant's forces was to be sent to Jackson and Vicksburg. 
But further pursuit of Van Dorn's armj- being engaged in, the brigade 
returned from Oxford, Miss., and occupied Holly Springs, and from this 
point was ordered to Salem, Miss., to intercept Van Dorn's retreat. Dur- 
ing the month of December the regiment was quartered in Memphis, and 
from January, 1863, to July, participated in the operations before Vicks- 



KANSAS AND KANSANS 873 

burg, being employed chiefly in scout and picket duty. During the win- 
ter of 1863 and 1864 it was stationed at Black Eiver Bridge, taking part 
in General McArthur's Yazoo Eiver expedition. In the spring it was 
once more on scout and picket duty about Vicksburg, but its term of en- 
listment was drawing to a close. On June 1st, under command of Lieu- 
tenant-Colonel Spicer, the regiment embarked on the "Arthur" bound 
for Fort Leavenworth — and home. On the 17th of June the men were 
mustered out. Two companies of veterans. New Company B and New 
Company D. remained in the United States service until the close of the 
'war, when they were honorably discharged at Little Rock, Ark., August 
30th, 1865. During its service the regiment took part in thirty battles 
and skirmishes, a detailed account of which would oecupj' more space 
than can be allotted here. 

In closing this brief account of the First Regiment of Kansas Volun- 
teers the tribute paid them by Prentis in liis Battle Comers should have 
a place. 

The field will always be of interest to Kansan.s, for of the four full 
volunteer infantry regiments who fought here, two were from Kansas, 
and they were the First and Second ; here, too, Iowa had her First, and 
loyal Missouri her First. These were the "first-fruits" offered by Kansas 
on the altar of our common country. These were the "boys" who went 
into the war before the days of calculation ; before drafts or bounties had 
been heard of. The Kansas "boys" went into the battle raw volunteers, 
they came out of it veterans. They fought beside regular soldiers of the 
United States army, and they fought as long and as well. The battle was 
a field of honor to all concerned. From it came seven Major Generals 
and thirteen Brigadier Generals of the Union army, and of these the two 
Kansas regiments furnished their quota, when it is remembered that 
with Lyon's column there were three battalions of regular infantry and 
two light batteries, the of8cers of which were more naturally in the line 
of promotion. 

The great figure of the battle was Gen. Lyon; his death sanctified 
the field. If every other event that occurred there were forgotten, it 
would still be remembered that Lyon died there. Kansas in her proud 
sorrow remembers that it was as he led the Second Kansas to one more 
desperate charge that he fell. 

Second Regiment Kans.\s Volunteer Infantry 
The Second Regiment of Kansas Volunteer Infantry was raised in 
response to the first call for troops made by President Lincoln, April 
15, 1861. This call was for 75,000 men to serve for three months. Dur- 
ing May and early June the regiment was recruited and rendezvoused 
at Lawrence, where it was organized June 11th. It was mustered into 
the United States service June 20th, at Kansas City, Mo. 

Gov. Charles Robinson commissioned the following officers for Field 
and Staff: 

Robert B. IMitcbell, Mans?field, Colonel: Charles W. Blair, Fort 
Scott, Lieutenant-Colonel; William F. Cloud. Emporia, Major; Kdward 
Thompson, Lawrence, Adjutant; Shaler W. Eldridge, Lawrence, Quar- 
termaster; Aquila B. Massej', Lawrence, Surgeon; Randolph C. I'.iaiit, 
Lawrence, Chaiilaiii. 



874 KANSAS AND KANSANS 

Like the First Kansas, the Second was destined to become a part 
of Lyon's army. The regiment left Kansas City on the 26th of June 
to join the brigade of Major Sturgis at (Clinton, Mo., and from there 
proceeded to Lyon's Division, which it joined near the Osage river, in 
St. Clair county. From there the entire Division marched to a point 
near Springfield where camp was established and the work of drilling 
ti'oops was commenced. The First and Second Kansas Volunteers 
formed a brigade commanded by Col. Deitzler of the First Kansas 
i-egiment. 

On July 22nd a portion of the Second was in the engagement at 
Forsythe, that being their first experience under fire. The regiment 
was also in the skirmish at Dug Springs and a few days later distin- 
guished itself at the battle of Wilson's Creek. This battle was per- 
haps one of the bloodiest of the Civil War, and was fought against 
such terrific odds that utter annihilation was the only thing expected. 
The Colonel of the Second, Mitchell, was seriously wounded and the 
gallant Lyon, bleeding from wounds already received, was killed as 
he was preparing to lead the Second in a bayonet charge. 

After Wilson's Creek the Second, or what was left of it, with the 
remainder of Lyon's little array, fell back to Rolla and from there 
went on to Hannibal, en route for Kansas. At Hannibal, Col. Williams 
of the Third Iowa took a portion of the Second on an expedition to 
Paris, Mo., to aid in driving rebel troops from tliat town, and to remove 
to a place of safety money that was there in the bank. On their return, 
at Shelbina, they encountered a considerable force of Confederates but 
managed to escape tliem and reach Macon City. From this point the 
Second was sent to BlonmfieUl and from there came on to St. Joseph, 
by rail, arriving in the night and surprising the Confederates who 
held that post. They succeeded in routing the rebels and held the 
post until the arrival of troops to permanently garrison it. At St. 
Joseph the Second took boat for Leavenworth, and stopping at latan, 
attacked and dispensed a small rebel force. Soon after its arrival at 
Leavenworth the regiment was ordered to Wyandotte to defend the 
town against threatened invasion by Price. Price retreated and the 
Second returned to Leavenworth where, having finished its term of 
.service, it was mustered out October 31, 1S61. 

Second Regiment Kans.\s Volunteer Cavai.rv 

The Second Kansas Cavalry was evolved through various regimen- 
tal changes. It had its beginning in the authority granted Alson C. 
Davis by Maj. Gen. Fremont to raise a regiment in Kansas. This 
authority was given in October, 1861. The regiment was designated 
the Twelfth Kansas Volunteers and tlie i-endezvous was appointed at, 
Fort Leavenworth. 

The organization, commenced November 8th, consisted in mustering 
into the United States Service the following officers: Cyrus L. Gorton 
of Leavenworth. Adjutant ; Julius 0. Fisk of AVyandotto, Quarter- 



KANSAS AND KANSANS 875 

master; Dr. J. B. Welborne, Wyandotte, Surgeon. Five companies 
were organized between November 22nd and December 15th, 1861. 
Ou December 26th, by order of Governor Robinson, four companies 
of Nugent 's Regiment of Missouri Home Guards were attached to the 
newly organized regiment and its designation changed from the Twelfth 
to the Ninth Kansas Volunteers. These last four companies raised for 
home service, had been organized that fall in Douglas, Johnson and 
Miami counties, and were under the command of Lieutenant-Colonel 
Mewhinney of Douglas county. They had temporarily attached them- 
selves to Nugent 's regiment, and their term of enlistment would expire 
February 4th, 1862. 

The organization of the Ninth Kansas, with ten squadrons, was com- 
pleted on the 9th of January, when the Field and Staff consisted of the 
following officers: 

Colonel Alson C. Davis, AVyandotte; Lieutenant-Colonel Owen A. 
Bassett, Lawrence; Major Julius G. Fisk, Quindaro; Adjutant Cyrus 
L. Gorton, Leavenworth ; Quartermaster, Luther H. Wood, Kansas City, 
Mo. ; Surgeon Joseph P. Root, Wyandotte ; Chaplain Charles Reynolds, 
Fort Riley. 

The regiment on January 20th, 1862, moved to Quindaro to go 
into winter camp and begin steady drilling. On the 4th of Febru- 
ary the four companies of Home Guards were mustered out, reducing 
the regiment to six squadrons. On February 28th, Maj. Gen. Hunter, 
connuanding the Department of Kansas, assigned to the Ninth three 
companies formerly belonging to the Second Kansas Volunteer Infan- 
try and now reorganized for three years' service, also two companies 
formerly belonging to the Eighth Kansas Volunteers and one com- 
pany which had been part of the Third Kansas. The last three com- 
panies were a part of the Ninth for a few weeks only, in March they 
were transferred to another regiment. 

All these changes brought about a change in the Field and Staff, 
which now was made up of the following: Robert B. Mitchell, Colonel, 
Mansfield; Owen A. Bassett, Lieutenant-Colonel, Lawrence; Charles 
W. Blair, Major, Fort Scott; John Pratt, Adjutant, Lawrence; David 
R. Coleman, Battalion Adjutant, Paris; Cyrus L. Gorton, Quartermas- 
ter, Leavenworth; Joseph P. Root, Surgeon, Wyandotte; Charles Rey- 
nolds, Chaplain, Fort Riley. 

The regiment was ordered from Quindaro to Shawneetown March 
12th, and on the 15th its name was changed to the Second Kansas Vol- 
unteers, and changed again, Mai'ch 27th, to the Second Kansas Cav- 
alry, this designation was retained throughout its service. 

The Second left Shawneetown April 20th, having been ordered to 
report at Fort Riley where it was to join the New Mexico expedition. 
The regiment remained at this post until June 9th, when it was 
ordered to join the Indian Expedition then concentrating at Ilumboldt. 
In the meantime detachments from the Second had been ordered to 
various points, so that as a regiment the Second was to see little service 
together. Two squadrons were left in Kans-as for garrison duty, two 



876 KANSAS AND KANSANS 

were sent into Colorado, and several officers and men had been detached 
and ordered on battery service with a brigade in Tennessee. There- 
fore it is possible to outline only the service of this cavalry' regiment. 

At -the close of the Indian Expedition, which took the Second to 
Park Hill, Cherokee Nation, the regiment returned to Fort Scott. 
From there they went into Missouri in pursuit of raiders, and from 
that time were used to guard supplies, to hold posts and as a scouting 
force, serving most in Missouri and Arkansas. They participated in 
innumerable skirmishes and many battles, seeing much hard fighting. 
The principal engagements in which they took part were Newtonia, 
Old Fort Wayne, Cane Hill, Prairie Grove and Cabin Creek. 

The companies of the Second regiment were mustered out in 1865 
at irregular intervals, following their terms of enlistment, the last 
being four companies at Fort Gibson, on June 22nd. 

Third and Foirtii Kansas Volunteer Regiments 

The following history of the Third and Fourth Kansas Volunteer 
regiments is taken from the Thirteenth Biennial report of the Adju- 
tant-General of Kansas. It explains the apparent irregularity in the 
numbering of the Kansas regiments, and gives an excellent account 
of the authority, and the conditions under which these regiments were 
raised. 

When the Civil war began, in 1861, Kansas had just been admitted to 
the Union as a State, and the newly organized State government was 
scarcely in running order when it became necessary to raise troops to 
defend the border and respond to the requisition of the President for 
volunteers. However, two regiments were quickly placed in the field — 
the First and Second Kansas Infantry Regiments, whose bravery and 
heroism at the battle of Wilson Creek have given unfading luster to the 
name of Kansas. Both of these regiments were ordered out of the St-ate 
as soon as organized. Had the State government been permitted to con- 
trol the organization of the two succeeding regiments much confusion 
would have been avoided, and more systematic records would have been 
left of the organizations originally designated the Third and Fourth 
Kansas Volunteers. Senator James H. Lane, however, was commissioned 
a brigadier general of volunteers, and came to Kansas from Washington 
with a roving commission to raise regiments of volunteers. He proceeded 
in accordance with his own will, in a great measure independent of the 
State government, to raise troops; the Third and Fourth Kansas Volun- 
teers were raised under his authority. These two regiments, together 
with the Fifth Kansas Cavaliy, organized about the same time, consti- 
tuted what was then known as "Lane's Brigade." 

Filemeiitarj' ideas of military organization seemed to prevail at the 
time the Third and Fourth Kansas regiments were organized, as they 
were regiments of mixed arms, mainly infantry, but each regiment 
possessing cavalry and artillery companios. Tlio Fifth regiment was 
purely cavalry. 

When the battle of Wilson Creek was fought (August 10, 1861) 
scarcely a battalion of these organizations had been recruited, but, expect- 
ing that Price and McCulloch would immediately follow their dearly 
bought victorv l)v an invasion of Kansas, enlistments became rapid, and 



KANSAS AND KANSANS 877 

in a short time about 2,500 men had been enrolled. By the presence of 
these newly organized troops along the Missouri border Kansas was saved 
from rebel invasion when Price moved north to the capture of Lexington. 
While not constituting a very imposing army, Price had recently had a 
specimen of Kansas fighting at Wilson Creek, and the presence of these 
Kansas regiments along the state line suggested a delay that he could 
ill afford to risk in his desire to reach the Missouri river before General 
Fremont could throw an opposing army in his way. 

The Third and Fourth Kansas volunteer regiments were neither at 
any time complete organizations, and after the danger of an invasion by 
Price had pa.ssed recruiting for these organizations became very slow ; 
the regiments being organized under state authority were securing most 
of the new enlistments. The new organizations presented more promising 
possibilities for position or promotion, and, beside, were cavalry regi- 
ments, and the experienced horsemen of the West preferred to ride when 
an opportunity to do so was at hand. 

In the spring of 1862 the War Department ordered the reorganiza- 
tion and consolidation of the Third and Fourth Kansas regiments. This 
was done, the infantry companies forming a new regiment, thereafter 
known as the Tenth Kansas Volunteer Infantry. It would have been 
very proper to have designated the new consolidation as either the Third 
or Fourth Kansas Volunteers, instead of the Tenth, but both regiments 
thought their regimental designation the one to adopt, and to settle the 
contention the next vacant number was as.signed to the reorganization. 
The cavalry companies were transferred to the Fifth, Sixth and Ninth 
Kansas Cavalry regiments, and the artilleiy companies were consolidated 
into the First Kansas Battery. . . . 

As the Third and Fourth Kansas were original and distinct organiza- 
tions, and performed brave and faithful service for eight months or 
more as such, it seems proper that a record .should be made of them as 
distinctive regiments, and the individual records of the men recorded. 
Their service was rendered forty years ago ; it is a tardy justice, and but 
few of the men recorded live to know that a place has been given them in 
the records of the civil-war regiments of Kansas. . . . 

The records as relates to the date of consolidation of the reorganized 
companies of the Third and Fourth Kansas are not absolutely certain. 
The consolidation was made in accordance with a letter of instruction, 
Department of Kansas, dated February 20, 1862. The consolidation was 
effected April 3, 1862. The cavalry companies were transferred about 
the .same time. . . . 

The artillery companies were consolidated by authority of Special 
Orders No. 42, District of Kansas, dated April 24, 1862. The organiza- 
tion of the consolidated battery (First Kansas IBattery) was effected 
about June 1, 1862. 

The Third Regiment had for its Field and Staff, James Montgom- 
ery, Mound Cily, Colonel; James 0. Blunt, ilount Gilead, Lieutenant- 
Colonel; Henry H. Williams, Osawatomie, Ma.jor; Casimio B. Zularsky, 
Boston, Mass., Adjutant; John G. ITaskell, Lawrence, Quartermaster; 
Albert Newman, Surgeon ; II, H. Moore, Chaplain. 

The Field and Staff of the Fourth Regiment consisted of the fol- 
lowing: William Wcer, Wyandotte. Colonel: John T. Burris, Olathe, 
Lieutenant-Colonel; Otis B. Guiin, Atchison, Major; James A, Phil- 
lips, Adjutant; A. Larzalere, Quartermaster: John W. Scott, lola. Sur- 
geon; Reedcr JI. Fisli, Chaplain. 



878 KANSAS AND KANSANS 

Fifth Regiment Kansas Volunteer Cavalry 

The organization of the Fifth Kansas Cavalry was begun in July, 
1861, with the following officers as members of its Field and Staff: 
Colonel, Hampton P. Johnson, Leavenworth; Lieutenant-Colonel, John 
Ritchie, Topeka; Major, James H. Summers; Adjutant, Stephen R. 
Harrington, Washington, D. C. ; Quartermaster, James Davis, Leaven- 
worth; Surgeon, E. B. Johnson, Leavenworth; Chaplain, Hugh D. 
Fisher, Lawrence. 

The active service of this regiment began on July 17th, when a 
detachment of two companies left Fort Leavenworth for Kansas City 
to form part of an expedition to Harrisonville, Mo. Following this, 
the detachment moved to Fort Scott where it joined the regiment, with 
Col. Johnson in command. From Fort Scott it did scouting duty. Its 
fii-st battle was Drywood, September 2nd, 1861 ; and in its second 
engagement, where it attacked a rebel regiment at Morristowu. Colonel 
Johnson was killed. 

The Fifth was used in continuous scouting duty during the fall, 
and went into winter quarters at Camp Denver near Barnesville, Kan- 
sas. Here Lieutenant-Colonel Powell Clayton assumed command, find- 
ing a regiment of good fighters, but poorly equipped and poorly drilled. 
About the middle of March he moved the regiment to camp ground 
south of Fort Scott where the time was spent in drilling and perfect- 
ing the organization. From that camp the Fifth started upon its 
career, regarded as second to no regiment that Kansas sent into the 
field. 

This regiment saw hard serviee scouting through ^lissouri :ind 
Arkansas. Detachments from it acted a.s escort to supply trains, and 
did duty in pursuit of raiders. Every service that a scouting regi- 
ment could do the Fifth was called upon to perform. It was not its 
luck to lie in any big engagements, but its success in sorties upon guer- 
rilla bands was of the kind that carried terror to the hearts of the 
marauders. It is impossible to give a record here of its many skir- 
mishes and encounters with the enemy. Every regiment that did scout 
duty saw hard service and great privation, and the story of the Fifth 
Kansas differs in no way from that of other scouting regiments. Its 
chief engagements were at Carthage, Morristown, Lexington, Little 
Blue, Big Blue, and Newtonia, all in Missouri. 

During September, 1864, several companies of the regiment were 
mustered out, their term of service having expired. The re-enlisted 
veterans of the Fiftli were musfered out at Duvall's Bluff, Ark., June 
22, 1865. 

Sixth Regiment Kansas Volunteer Cavalry 

The organization of the Sixth Cavalry began in July, 1861, when 
W. C. Ransom and others from Fort Scott visited General Lyon, then 
in command of the Militarv Dci)artmont of the "West, and asked author- 



KANSAS AND KANSANS 879 

ity to raise troops for home defense. The southeast portion of the state 
was an exposed quarter and entirely unprotected from invasion. Upon 
the representations of these citizens of Fort Scott Gen. Lyon granted 
permission to raise three companies of infantry to be stationed at that 
place. The companies were quickly recruited and put under the com- 
mand of JIajor W. R. Judson. They proved inadequate for the 
protection of the border and Major Prince, the commandant at Fort 
Leavenworth, was appealed to for authority to raise more troops. This 
was granted on August 12th, and five more companies were speedily 
organized and mustered into the United States service for three yeai-s. 

Having eight companies fully organized, measures were at once 
taken to form a regimental organization. Accordingly on the 9th of 
September an election for Field Officers resulted in the following: 

Colonel, William R. Judson; Lieutenant-Colonel, Lewis R. Jewell; 
Major, William T. Campbell; Adjutant, Charles 0. Judson; Quarter- 
master, George G. Clark; Surgeon, John S. Redfield. 

After the organization was accomplished two more companies were 
recruited and added to the strength of the regiment, which then con- 
sisted of three infantry and four cavalry companies. These were kept 
continually busy at garrison duty and in scouting the country watch- 
ing the movements of the enemy. 

In the spring of 1862 the "Home Guards" were mustered out of 
service and on March 27th orders were issued to reorganize the Sixth 
as a cavalry regiment. This was effected with but slight change in the 
Field and Staff. Isaac Stadden .succeeded C. 0. Judson as Adjutant; 
Simeon B. Gordon succeeded C. G. Clark as Quartermaster, and Rich- 
ard Duvall was made Chaplain. 

Upon its reorganization detachments from the Sixth were stationed 
along the eastern border of Kansas, with headquarters at Paola. They 
were employed in breaking up the bands of guerrillas making forays 
into the state. In July they formed part of an expedition into the 
Cherokee Nation and from that date were on the move constantly in 
pursuit of various Confederate forces. The regiment took part in the 
battle of Cane Hill, where Lieutenant-Colonel Jewell was killed; and 
also was in the engagement at Prairie Grove, immediately following. 
Afterward the Sixth moved with Gen. Blunt on his Van Buren expe- 
dition, following which they were ordered to Missouri where they went 
into winter camp. 

The Sixth not being up to regulations as to size, three more com- 
panies were recruited. In June, 1863, the regiment marched with Gen. 
Blunt into the Cherokee Nation, and later moved into Arkansas, where 
it did almo.st continuous duty until its term of enlistment expired. 
Andreas says of this regiment, "The duties required of the Sixth were 
not such as call forth the impetuous daring and unyielding bravery 
that come to men in brilliant and desperate engagements, but rather 
those that test a soldier's endurance and strength of nerve — weary, 
harassing pursuits of an enemy over a country- of which he knows 
every by-way and liidden path ; scouting tlirough forests and inoun- 



880 KANSAS AND KANSANS 

tain passes . . . exposed to the bullet of the secret and stealthy- 
foe; and all without the excitement of any brilliant victory or expec- 
tation of great renown." 

The battles in which the regiment bore its part were, Morristown, 
Newtonia, Old Port Wayne, Cane Hill, Prairie Grove, Honey Springs, 
Prairie D'Ane, Poison Springs, and Jenkins Ferry. Part of the Sixth 
was mustered out at Fort Leavenworth in December, 1864, and the 
remainder at Duvalls Bluff, Ark., July 18, 1865. 

Seventh Regiment Kansas Volunteer Cavalry 

The Seventh Kansas Cavalry was organized October 28, 1861, and 
mustered into service at Fort Leavenworth. The following were the 
officers of the Field and Staff: 

Charles R. Jennison, Colonel, Leavenworth; Daniel R. Anthony, 
Lieutenant-Colonel, Leavenworth ; Thomas P. Herrick, Major, High- 
land ; John T. Snoddy, Adjutant, Mound City ; Robert W. Hamer, Quar- 
termaster, Leavenworth; Joseph. L. Weaver, Surgeon, Leavenworth; 
Samuel Ayres, Chaplain, Leavenworth. 

Immediately after its organization the Seventh was ordered into 
active service, being sent to Missouri. Here it served during the fall and 
winter of 1861 and 1862, taking part in many skirmishes. The last of 
Januaiy the regiment moved to Humboldt, Kansas, where it remained 
until ilarch 25th, when it was ordered to Lawrence. From there it was 
ordered to report at Fort Riley for an expedition into New Mexico. This 
order was countermanded and the regiment was sent south, embarking 
on transports at Leavenworth, May 27-28, 1862 ; it disembarked at Colum- 
bus, Ky., and was used from there in escort duty for repair gangs on the 
Ohio & Mobile Railroad. The regiment reached Corinth, Miss., and from 
that point moved on to Rienzi, where it arrived July 23, 1862. There it 
was assigned to the First Cavah-y Brigade under the command of Col. 
Philip H. Sheridan, remaining at the post until it was evacuated, Sep- 
tember 30, 1862. During the stay of the Seventh at Rienzi the men 
were in the saddle almost constantly and were engaged in several severe 
skirmishes. Two squadrons of the Seventh were in the battle of luka, and 
in the retreat of the rebels following that engagement, the Kansas regi- 
ment had the advance. 

From Rienzi the regiment returned to Corinth, and moved on to 
Grand Junction where it joined Gi'ant's army, concentrating for the 
Mississippi expedition. Following this expedition the Seventh was or- 
dered to Tennessee, December 31st. During the remainder of the winter 
it was employed in guarding a portion of the Memphis & Charleston rail- 
road. In April it moved south, the objective being Bear Creek, Ala., 
where it was to join the forces of Col. G. M. Dodge. The Seventh was con- 
tinually on the move through the spring and summer, doing much heavy 
fighting; in an encounter with Fori'est's command at Byhalia, the Kan- 
sas regiment distinguished itself for dash and valor. 

The term of sei-vice for the Seventh was completed while the regiment 



KANSAS AND KANSANS 881 

was at La Grange, Tenii., but four-tifths of the men re-enlisted as veteran 
volunteers and were mustered in at ^Memphis, January 21, 1864. From 
that point they were sent to Leavenworth on furlough of thirty days. 
Following this the regiment was re-equipped at St. Louis and returned 
to ilemphis, where it was again engaged in escort duty for repair work- 
ers on the Memphis & Charleston railroad. Early iu July it took the 
advance in the progress of Gen. A. J. Smith's infantry force into ]\Iissis- 
sippi, and later acted as rear guard for the same force. On this exj^edition 
heavy fighting was encountered, at its close the regiment returned to 
Memphis and thence to St. Louis, reporting to General Roseeran>s Sep- 
tember 17, 1864. During the winter it was used iu scouting expeditions 
and guard duty, and remained in the St. Louis District until July, 1865, 
when on the 18th, it was ordered to Omaha, Neb. From that point it was 
moved to Fort Kearney and from there returned to Fort Leavenworth, 
where on September 29, 1865, it was mustered out. 

The principal battles in which the Seventh took part were Little Blue, 
Mo.; Independence; Lamar and Holly Springs, Miss.; Tupelo; luka: 
^Memphis, Tuscumbia and Florence, Ala. ; and Corinth, Miss. 

Eighth Kansas Volitnteer Infantry 

In July, 1861, Governor Robinson received an order authorizing 
the recruiting of the Eighth Kansas Regiment. The organization was 
begun in August. It was originally intended that this regiment should 
be recruited for service within the State and along the border. At this 
time Kansas was beset on three sides, hostile Indians on the west and 
south, and Missouri, over-run with rebel hordes, as great a menace on tlie 
east. Like many of the Kansas regiments the Eighth as first organized 
was a mixed body of troops, six infantry and two cavalry companies. 
The regimental officers under the first organization were : Colonel, Henry 
W. Wessels, U. S. A.; I;ieutenant-Colonel, John A. Martin, Atchison; 
^lajor, Edward F. Schneider; Adjutant, S. C. Russell; Quartermaster, 
E. P. Bancroft. Within the three months following this organization 
there occurred many changes in the regiment. Colonel Wessels was 
ordered to the command of his own regiment in the regular army; the 
cavalry companies were transferred to another regiment and the Eighth 
became an infantry organization with Field and Staff as follows: 

Field and Staff 

Names and rank Date of muster Remarks 

Colonel 

Henry W. Wessels Pro. from Maj. 6th U. S. Inf. ; 

ordered to rejoin his com. in 
the U. S. A. per G. O. No. 4. 
AV. D.. series of '62. 

Robert H. Graham Dis. Jan. 27, '62. to date Nov. 

n, '62; died near St. Louis, 
Nov. 11, '62. 

John A. Martin Nov. 1, '62. . . Mus. out Nov. 15, '64. 



KANSAS AND KANSANS 



Names and rank Date of muster Remarks 

Lieut. Colonel 

John A. Martin Oct. 27, '61... Pro. Col. Nov. 1, '62. 

James L. Abernathv . . . Nov. 1, '62... Res. Nov. 8, '63. 
Edward P. Schneider. .Dec. 21, '63... Res. June 11, '64. 

James M. Graham June 26, '64... Res. Sep. 23, '64, Atlanta, Ga. 

John Conover Oct. 21, '64. . . Mus. out with reg. Nov. 28, '65. 

Major. 
Edward P. Schneider. . Sep. 17, '61... Pro. Lieut. Col. Dee. 21, '63. 

James M. Graham Dec. 21, '63... Pro. Lieut. Col. June 26, '64. 

John Conover Aug. 23, '64. . . Pro. Lieut. Col. Oct. 21, '64. 

Henry C. Austin Nov. 16, '64. . . Mus. out with reg. Nov. 28, '65. 

Adjutant. 
Sheldon C. Russell. ... Oct. 23, '61... Res. Nov. 15, '62. 

James E. Love Nov. 17, '62. . .Pro. Capt. Co. K, July 16, '63. 

Solomon R. Washer July 31, '63. . . Mus. out with reg. Nov. 28, '65 ; 

wounded in action Sept. 19, 

'63, Chickamauga, Ga. 
Quartermaster 
E.P.Bancroft Oct. 22, '61... Pro. Maj. 9th K. V. C, Apr. 

1, '62. 
Benjamin B. Joslin Mus. out Peb. 28, '62, date of 

consolidation. 
Alfred Robinson Apr. 2, '62... Absent without leave; name 

dropped from the rolls after 

three years' ser\'iee; supposed 

to have been mustered out. 

Adam Cosner Sep. 1, '64. . . Mus. out with reg. Nov. 28, '65. 

Surgeon 
J. B. Woodward Oct. 4, '61 . . . Tran.s. to 9th K. V. C. Feb. 

28, '62. 
Oliver Chamberlain . . . Dec. 10, '61 . . . Res. Sep. 22, '64. 

Nathaniel C. Clark Nov. 14, '64. . .Mus. out with reg. Nov. 28, '65. 

Asst. Surg. 
George W. Hogeboom . . Oct. 23, '61 . . ; Pro. Surgeon 11th K. Vols. : 

Sep. 25, '62. 

John Butterbaugh Nov. 9. '62... Res. Mar. 4, '64. 

Samuel E. Beach May 25, '63 . . . Died of Disease, Nashville, 

Tenn., Nov. 4, '63. 

Edwin J. Talcott May 1, '64. . . Res. Feb. 15, '65. 

Chaplain 
John Paulson June 17, '63. . .Mus. out with reg. Nov. 28, '65. 

During the winter, spent on the Kansas border, the Eighth was 
whipped into shape, its principal work being guard duty. Late in May 
orders were received to send South all troops possible to spare. The 
Eighth embarked at Leavenworth jMay 27, 1862, on board the steamer 
Emma, boimd for Columbus, Ky. ; the regiment was a part of General 
Robert B. Mitchell's brigade which consisted entirely of Kansas troops, 
the First, Seventh and Eighth regiments and the Second Kansas Battery. 
From Columbus the brigade moved to Coriuth, where it was assigned to 
the Ninth Division of the Army of the ]Missi.ssippi imder command of 
General Jeff C. Davis. After service in the country about Corinth, the 
Eighth, on the 18th of August, with the Ninth Division, marched to re- 
inforce the Army of the Ohio. The trip was from Florence, Alabama, to 



KANSAS AND KANSANS 883 

Louisville, Kentuckj-. The commaud, stripped for the campaigu, traus- 
portatiou cut to the minimum, baggage abandoned, was organized in light 
marching order. The Report of the Adjutant Genei-al of Kansas says of 
this march: "At two o'clock on the morning of August 26th, this ter- 
rible campaign commenced. . . . The fiery southern sun beat 
upon the marching column like the heat of a furnace ; the dust was almost 
insuit'erable, . . . and water was very scarce, the only reliance, 
except at long intei'vals, being ponds. . . . These ponds had become 
stagnant during the long drouth, and their sui-face was, in nearly all 
eases, covered with a foul green scum, which had to be pushed aside to get 
at the water." The command i-eaehed Nashville on September 4; here it 
rested a week and leaving September 11th, reached Louisville on the 26th. 
The end of this arduous campaign was the battle of Perryville. 

After skirmishes in Kentucky the regiment was ordered to Nashville, 
where Colonel John A. ilartin was appointed Provost JIarshal. This was 
the middle of December, 1862. In Nashville, the Eighth, remained six 
months doing provost guard duty. June 8th, 1863, orders were received 
directing the Eighth Kansas to proceed to Murfreesboro and rejoin its 
Di\'ision. It remained at ilurfreesboro until the 24th when the army 
advanced on Tullahoma and Shelbyville. In this campaign the rain and 
mud was added to the exhaustion of fighting. One of the officers of the 
Eighth endorsed a copy of his muster-roll for the Adjutant General's 
office with the following statement : 

I make this roll lying flat on my belly on the ground, with a rubber 
blanket for a desk. If I was at Washington in a comfortable room, sup- 
plied with a hundred dollar desk, a gold pen, black, blue, red and purple 
inks, the latest and best patent rulers, and plenty of "red tape," I 
could make a more artistic copy. But I have been constantly soaked 
with rain for seven days and nights; there isn't a bone in my body 
that doesn't ache; my fingers are as numb as though they were frozen, 
and my clothes are as stiff with Tennessee mud as my fingers are with 
chill. Under the circumstances this is the best I can do. If any first- 
class clerk in the department thinks he could do better, let him duck 
himself in the Potomac every five minutes and wade thi'ough mud knee 
deep for six days, and then try it on. If he succeeds, I will change 
places with him with great pleasure. 

His roll was a frightful mass of blots and blotches, but it was never 
sent back "for correction." 

Following this campaign the Eighth received repeated commendation 
from its siiperior officers and circular orders were issued complimenting 
the officei-s and men in high terms. The regiment went into camp at "Win- 
chester immediately following the Tullahoma campaign, remaining there 
until the 17th of August, when it crossed the Cumberland Mountains pre- 
paratory to the Chickamauga campaign. Of this battle much has been 
written and but brief quotation can be made here from the Report of the 
Adjutant General of Kansas : 

After forming we were rapidly advanced through the rugged forest, 
but had proceeded only a few hundred yards when a terrific volley 
saluted us, rapidly succeeded by another and another. The two liostile 



884 



KANSAS AND KAXSAXS 



forces met \Vitli out skirmishers in front, and in an instant were furiously 
engaged in desperate combat. Our men promptly replied to the rebel 
tire, and at once the roar of battle became oue steady, deep jarring 
thunder. Our line was moved forward firmlj', until it rested along the 
brow of a small rise of ground. (The Twenty-tifth Illinois was then 
ordered to a position in the front line.) The crash of musketry grew 
denser and more terrific, and the, artillery added its thunder to the 
furious raging of the battle storm. The rebels rushed forward line after 
line of troops, charging w-ith desperate valor and impetuosity, but our 
men held their posilion firmly and defiantly, firing with such coolnes-s 
and precision that at every discharge great gaps were cut in the enemy's 
lines, and bleeding, broken, staggering, the}' reeled before the awful hail 
of leaden death that greeted them. In vain they i-allied and advanced 
again and again — they could not njove our firm, unyielding lines. For 
half an hour this desperate struggle was thus continued. The carnage 
on both .sides was dreadful. In that brief time over a third of our 
Brigade were killed and wounded, and still the frightful carnival of 
slaughter raged unabated. . . . Bullets flew like hail stones, grape 
and canister, shot and shell, whistled and crashed through and over and 
around the devoted ranks, but the heroism of the men rose with the 
terrible grandeur and desperation of the awful battle, and they stood 
like walls of adamant before the fury of the storm. 

After the battle of Chickamauga the Eighth went into camj) at Chatta- 
nooga. Hard fighting was continued and the Kansas regiment bore its 
part in all of it, going through the Atlanta campaign. The battles in 
which it served can only be mentioned here. They were Mission Ridge, 
Kenesaw Mountain, Peach Tree Creek, Atlanta, Jonesboro, Franklin, and 
Nashville. In all of these the Eighth upheld its high standard and re- 
turned to Kansas to be discharged January 5, 1866. It was one of the 
first regiments in the field and had a glorious history. 



Ninth Kans.^s Vom-nteer CAV.ii.RY 
The Ninth Kansas was organized at Fort Leavenworth 
1862, under the following field and staff. 



.March 



Names and rank 


Date 


of mustci 


Renuu-ks 


Colonel 










Edward Lynde 


..Mar. 


24. 


•62.. 


.:\Ius. out Nov. 25, "64. De^'al^s 
Bluff, Ark. 


Lieut. Colonel 










Charles S. Clarks... 


. .Jan. 


2, 


'62.. 


.I\Ius. out Jan. 16, '65. DeValFs 
Bluff, Ark. 


Willoughliy Doudna . 


..May 


15. 


"65.. 


.:\Ius. out Julv 17. ^65. DeValFs 
Bluff-, Ark." 


Major 










James .M. Pomeroy. . 


. . Feb. 


28, 


•62.. 


.Mus. out Jan. 16, "65, DeValFs 
l^luft'. Ark. 


Edwin P. Bancroft. 


..Apr. 


1, 


'62.. 


.Res. Feb. 19, ^63. 


Willoughbv Doudna . 


. . Aug. 


21, 


'63.. 


. Pro. Lieut. Col. May 14, '65. 


T.uin K. Thachcr.... 


. . Jan. 


5, 


'63.. 


.Mus. out Nov. 25, '64. DcVall's 



.1. .Milton Hadlev 



Bluft", Ark.; w'd in skirmi.sh 
Osage river, ]\Fo., 1863. 
Mus. out Jidv 14, '65, DcValFs 
Bluff, Ark." 



KANSAS AND KAXSAXS 885 

Nnnu's ami rank Date of muster Remarks 

Adjutant 

Luin K. Thacher Oct. 14, '62. . . Pro. Maj. Jan. f), 'OS. 

Albert D. Searle July 9. '63. . . Res. Oct. 10, '64. 

Bat. Adjutant 

John W. Hatcher Apr. 1, '62... Pro. Reg'l. Commis'v. Oei. 14, 

'62. 
Hayden M. Thompson. May 28, '62...Mus. out July 29, '62. 

Quartermaster 
William Rosenthal . . . .Feb. 5, '63. . . Res. Sep. 12. '64. 
Jonathan B. Snider. . . .Oct. 31, '64. . . :\Ius. out Julv 17, "65, DeVall's 

BlufT, Ark. 



Commissary 














John W. Hatcher. . . 


..Oct. 


14, 


'62.. 


.Res. Aug. 12. '64. 






Isaac 0. Pickering. . . 


..Sep. 


3, 


'64.. 


. JIus. out Julv 17, 
Bluff, Ark.' 


•65, 


DeVall 's 


Surgeon 














Henry C. Bostwick. . 


..Mar. 


27, 


'62.. 


. Res. Jan. 2, '63. 






William W^akefield . . 


..Apr. 


4, 


'63.. 


. ilns. out Mar. 8, 
Bluff, Ark. 


'65, 


DeVall's 


Assist. Surgeon 














William Wakefield . . 


. . Sep. 


2, 


•62.. 


, . Pro. Serg. Apr. 4, 


'63. 




Norman T. Winans. . 


. . Apr. 


6! 


'63 . . 


, . ^lus. out Nov. 25. 
Bluff, Ark. 


'64, 


DeVall's 


Abijah J. Beach 


. . Jan. 


14, 


'64.. 


, . Mus. out Julv 17, 
Bluff. 


'65, 


DeVall's 


Chaplain 














Gilbert S. Northrup. 


. . ]Mar. 


27, 


'62. 


. . Res. Mar. 9, '63. 






Strange Brooks 


..Mar. 


24! 


'64. 


. . ]\Ius out Nov. 25, 


"64. 


DeVall's 



Bluff. 

Upon the organization of the regiment, the various companies were 
assigned to different fields of action. Company A was ordered to Fort 
Union, New Mexico, Company B to Northern Colorado to build Fort Hal- 
leck. Company C was sent to Fort Riley, Company G to Fort Lyon, Colo- 
rado, and Company I to Fort Laramie. Companies D, E, F, and H, com- 
manded by Colonel Lynde, spent the month of August, 1862, in the pur- 
suit of General Coffey in Western Missouri. 

On the 30th of September, 1862, Colonel Lynde was in the attack on 
General Cooper and General Rains near Newtonia. ilissouri. The Union 
troops were defeated. 

In November the Ninth was engaged in escort duty from Fort Scott. 
Kansas, to Cane Hill, Arkansas. It was also engaged in the duty of 
guarding General Blunt 's supply train at Rhea's Mills. It was on thi! 
expedition to Van Buren and Fort Smith, after which it was again put on 
escort duty. 

In June, 1863, it was stationed along the border to guard against guer- 
rilla raids. A part of the regiment was in the battle near Westport. 
where the rebels were concealed behind stone walls, and were defeated. 

In August. 1863. the Ninth was in the pursuit of Quantrill after he 
sacked Lawrence. Captain Coleman was one of the most active officers in 
that pursuit. 

In the fall of 1863, General Sln4by and General Coffey retreated from 



8S6 KANSAS AND KANSANS 

Missouri. Their command was followed by General Ewing, and the 
Ninth was part of his force. This pui-suit was through Neosho, ilissouri, 
into Arkansas, and to the south of the Boston Mountains. 

In 1864 the Ninth was assigned to the army of General Steele and 
ordered to Little Rock. At Springfield, Missouri, the destination of the 
regiment was changed to Fort Smith. The summer was spent in Arkan- 
sas along the Arkansas River doing scout duty and making expeditions 
into the surrounding countrj'. 

In July, the Ninth was sent to Little Rock where it engaged in active 
service against numerous rebel bands under Marmaduke and other noted 
rebel commander's. 

The regiment remained on duty at Little Rock and Duvall's Bluff 
imtil its tei-m of sei-vice expired. Some were mustered out at Duvall's 
Bluff, and a portion of the regiment was sent to Fort Leavenworth, where 
it was discharged. 

Tenth Kansas Volunteer Infantry 

The Tenth Kansas was formed of the Third and Fourth Kansas regi- 
ments, and a small portion of the Fifth. The consolidation wa.s formed at 
Paola, Kansas, April 3, 1862, under the following field and staff: 

Names and rank Date of muster Remarks 

Colonel 

James Montgomerv ...July 24, '61... Trans, to 2d Reg. S. C. Col'd 

Vol. 

William Weer June 29, '61 . . . Dism 'd the service by G. 0. No. 

123, dated Hdqr. Dep. of Mo., 
St. Louis, Aug. 20, '64. 

William F. Cloud Mar. 28. '62. . . Trans, to 2dK. V. C. June 1, '62. 

Lieut. Colonel 

James G. Blunt July 24, '61. . .Pro. Brig. Gen. U. S. Vols. Apr. 

8, '62. 

John T. Burris July 24, '61 . . . Mus. out with reg. Aug. 20, '65 ; 

pro. Brev. Col. Mar. 13, '65. 

Charles S. Hills Mar. 1, '65... Pro. Brev. Col. Mar. 25, '65; 

mus. out Aug. 30, '65, Mont- 
gomery, Ala. 
Major 

Otis B. Gunn Res. May 5, '62. 

Henry H. Williams. . . . July 24, '61. . .]\lus. out with reg. Aug. 20, '64. 
Adjutant 

Casimio B. Zulavskv. . . Julv 24, '61 ... Mus out. date unknown. 

James A. Phillips." . . . JulV 24. '61. . .Pro. Maj. 3d Indian H. G.. July 

20. '63. 

Thomas McGannon .... May 29, '63. . , Mus. out with reg. Aug. 20, '64. 
Quartermaster 

A. Larzalere Assigned to 3d Indian H. G. 

Alfred Gray Feb. 11, '62. . . Trans, to Co. B, 5th Kan. Cav. 

John G. Haskell Julv 24, '61. . .Pro. Capt. and A. Q. M., U. S. 

Vol., June 11. '62. 

Alfred J. Llovd Aug. 13, '62. . .Pro. Capt. and A. Q. M., U. S. 

Vol., April 7, '64. 



KANSAS AND KANSANS 887 

Names and rank Date of muster Remarks 

Surgeon 

Albert Newman July 24, '61. . .Mus. out Feb. 14, '62. 

Mahlon Bailey Res. May 2, '62. 

John W. Scott Aug. 15, '61. . .Res. May 9, '63. 

J. B. Woodward Oct. 4, '61. . . Res. May 20, '64. 

Henry H. Tuttle June 7, '64... Mus. out Aug. 30, '65, Mont- 
gomery, Ala. 

Asst. Surgeon 

Edwin Grant Mus. out, date unknown. 

Richard W. Shipley No evi. of mus. out on file. 

George A. Miller Aug. 28, '62. . .Res. date unknown. 

P. Gould Parker Mar. 20, '62... Res. July 23, '64. 

Henry H. Tuttle Sep. 10, '62. . . Pro. Surgeon June 7, '64. 

Chaplain 

H. H. Moore July 24, '61. . . Mus. out Feb. 14, '62. 

Reeder M. Fish Sep. 4, '61. . . No evi. of mus. out on file. 

John H. Drummond. . .May 1, '62. . .Mus. out with reg. Aug. 20, '64. 

After the consolidation, the regiment was ordered to Fort Scott, 
where it was attached to Colonel Doubleday 's forces designed to make an 
expedition into the Cherokee Nation. 

On the 13th of June, 1862, the regiment marched from Fort Scott for 
Osage Mission, from which point it went to Humboldt. From Humboldt, 
with other forces, it marched to Baxter Springs, and was then attached 
to Colonel Solomon's brigade. Prom Baxter Springs the expedition 
marched to Cowskin Prairie. The Indians were not found and the pur- 
suit was continued. Early on the morning of July 3, 1862, the Indian 
camp was discovered on a steep and rocky hill. The camp was charged 
and the Indians dispersed. 

The regiment retui-ned to Fort Scott in August, where it was attached 
to the Second Brigade, commanded by Colonel Weer. 

The Tenth Kansas saw service in Missouri in the pursuit of Colonel 
Coffey and Colonel Cockrell, and was in the engagement in Newtonia. 
It was at the battle of Cane Hill, and at Prairie Grove. It participated 
in the pursuit of Hindman to Van Buren. 

In March the regiment was at Fort Scott and granted a furlough of 
twenty days. 

In the summer of 1863 the Tenth Kansas was in constant service in 
Western Missouri and at Kansas City. In January, 1864, it was ordered 
to Alton, Illinois, to have charge of the military prison there. 

The Tenth was at St. Louis from May until August, 1864, where it 
served as provost guard of that city. 

From St. Louis the regiment was sent to Fort Leavenworth, where it 
was discharged. 

The Tenth Kansas Veteran Regiment was made up of four companies, 
as shown in the repoi't of the Adjutant-General. Two companies, F and 
I were recruited, and were named Companies A and B. The veteran 
regiment was commanded by Major H. H. Williams from its organization 
until the last of August, 1864. It was then sent to Pilot Knob, Missouri, 



888 KANSAS AXD KAXSANS 

Major Williams having been detailed to command Schofield Barracks at 
St. Louis. 

On the 7th of November, the reuriment embarked at St. Louis for 
Paducah, Kentucky. On the 28th of November, it arrived at Na.shville, 
and on the 29th it arrived at Columbia, Tennessee. Here it was assigned 
to the Fourth Army Corps. 

After the battle of Franklin, it fell back with General Schofield 's 
army and was stationed at Nashville until the 16th of December. 

In the assault on Hood 's position at Nashville, the Tenth was deployed 
as skirmishers in advance of the Second brigade, where it drove back the 
rebel skirmish line and silenced a battery. 

It was also in the action on the 16th and 17th, and in the pursuit of 
the rebels when they retreated. 

The veterans saw much service in the South during the winter of 
1864. It was at Eastpoi-t, Miss., Waterloo, Ala., and at Vicksburg. At 
Vieksburg the regiment was transferred to New Orleans and camped at 
Chalmette until the 7th of March. On the 7th it embarked for the Mo- 
bile expedition, stopping at Fort Gaines and camping on Dauphin Island 
at the entrance to Mobile Bay. 

On the 20th it went up the Bay to the mouth of Fish River, and later 
went into camp at Donnelly's Mills. It was in the siege which followed, 
and was deployed as skirmishers in front of the entire brigade. Mobile 
was evacuated on the 11th, and the Union soldiers took possession on the 
12th. On the following day, the Tenth marched for ]\Iontgomery, Ala- 
bama, where it arrived on the 25th. It remained at Montgomei-y, with 
headquarters at Greenville, until the following August, doing provost 
duty. It was mustered out at Montgomery the last of September, when it 
was sent to Fort Leavenworth for final discharge. 

The Tenth saw much hard service, and was one of the good regiments 
in the Union forces during the war. 

Ele\'entii Kansas Volunteer Cavalry 

President Lincoln issued the call on July 2, 1862, for additional 
troops. Under the call, the Kansas quota was three regiments of infan- 
try. General James H. Lane was authorized by the War Department 
to recruit these troops. He empowered Thomas Ewing, Jr., then Chief 
Justice of the Kansas Supreme Court, to raise one of the regiments. 
The regiment so raised by General Ewing was the Eleventh Kansas 
Infantry, afterwards changed to Cavalry. Following is the field and 
staff: 

Names and rank Date of muster Remarks 

Colonel 
Thomas Ewing, Jr.,. . . .Sep. 15, '62. . .Pro. Brig. Gen. U. S. Vol. Mar. 

13, '63. 

Thomas Moonlight Apr. 25, '64. . .Mus. out July 17, '66. Ft. Kear- 

nv, N. T. 



KANSAS AND KANSANS 



Names and rank Date of muster 

Lieut. Colonel 

Thomas Moonlight Sep. 29, '62... 

Preston B. Plumb May 17, '64... 

Major 

Preston B. Plumb Sep. 25, '62 . . . 

Martin Anderson Nov. 22, '63... 



Ediinuid (i. Ro.ss. 



.Apr. 24, '64. 



Nathaniel A. Adams... Jlay 19, '64. 

Adjutant 
John Willans Sep. 4, '62 . . 

James E. Greer Nov. 2, '63 . . 

Ira I. Taber Oct. 12, '64. 

Quartermaster 
James R. MeClure Sep. 10, '62. 

(Jommi&sary 
Robert J. Harper Oct. 8, '63. . 

Surgeon 
George W. Hogeboom, . .Sep. 27, '62. 
Richard M. Ainsworth. .June 23, '63. 



.Pro. Col. Apr. 25, '64. 

.JIus. out Sep. 13, '65, Ft. Leav. 

.Pro. Lieut. Col. May 17, '64. 

. Mus. out Sep. 18, '65, Ft. Leav.; 

pro. Col. by brevet Mar. 13, 

'65. 
. Mus. out Sep. 20, '65, Ft. Leav. ; 

pro. Lieut. Col. by brevet Mar. 

13, '65. 
.Mus. out Aug. 9, '65. 

.Pro. Capt. and Asst. Adj. Gen. 

U. S. Vol. May 31, '63. 
.Pro. Capt. Co. I, Aug. 20, '64. 
.Mus. out Aug. 19, '65. 

. Mus. out Aug. 10, '65. 

.Mus. out Aug. 18, '65. 

.Resigned June 2, '63. 
.Dismissed by order of President, 
July 21, '65. 



Asst. Surgeon 

Richard M. Ainsworth. .Sep. 20, '62. . .Pro. Surgeon, June 23, '63. 

Josiah D. Adams Oct. 11, '62. . .Mus. out Sep. 20, '65. 

Granville C. Taylor. . . . Apr. 19, '64. . .Mus. out Aug. 19, '65. 

Chaplain 

James S. Cline Oct. 11. '62. . .Mus. out July 7, '65. 



The service of the Eleventh Kansas has been noted to a large extent 
in the body of this work. That portion which has not been mentioned 
foasisted of the service in Wyoming. In February, 1865, most of the 
regiment was assembled at Fort Riley, from which point it marched to 
Fort Kearny, Nebraska. This was one of the hardest marches of the 
war. There were heavy storms of snow and .sleet, and the .soldiers 
suffered intensely from the cold. The march was made, howeve!-, in 
twelve day.s. 

On the 7th of March, the regiment started for Fort Laramie. Tliis 
was also a terrible march. How the men survived it is a mystery. At 
the Sioux Agency, thirty miles below Fort Laramie, a halt was made 
to wait further instructions. After a short stop the regiment went 
on to Fort. Laramie and then to Platte Bridge. Here headquarters 
were established, and the work of protecting the telegraph line over 
the Oregon Trail commenced. The Indians were also held in check. 
It was found that the ammunition forwarded from Fort Leavenworth 
was not suitable for the carbines carried by the Eleventh, and there 
was a great delay in getting suitable ammunition. Colonel Plumb 
was assigned the duty of protectiTig tlif Overland Staire Line from 



890 KANSAS AND KANSANS 

Camp Collins, Colorado, to Green River, nearly four hundred miles. 
He was given command of Companies A, B, F, L, and M. This service 
Colonel Plumb performed to the satisfaction of the Stage Company 
and of the Government. He re-established the service and maintained 
it. 

The remainder of the regiment at Platte Bridge was attacked by 
thousands of Sioux Indians on the 22nd of July. Major Martin Ander- 
son was in command of Platte Bridge, and fought the battle of that 
name. It was a heroic engagement, many accounts of which may be 
found in histories of those times. 

The regiment was mustered out at Port Leavenworth in September, 
1865. 

TVTELFTH K.\NSAS VOLUNTEER INFANTRY 

The Twelfth Kansas Infantry was mustered in at Paola, Septem- 
ber 25, 1862, under the following field and staff: 

Names and rank Date of muster Remarks 

Colonel 

Charles W. Adams Sep. 30, '62... Pro. Brev. Brig. Gen. Feb. 13, 

'65; wounded in action, Apr. 
30, '64, Jenkin's Ferry, Ark.; 
mus. out with reg. Jmie 30, '65. 
Lieut. Colonel 

Josiah E. Hayes Sep. 30, '64. . .Pro. Brev. Brig. Gen.; wounded 

in action and captured by 
enemy, Apr. 30, '64, Jenkin's 
Ferry, Ark.; limb amputated 
above the knee; exchanged 
Feb. 25, '65; mus. out July 
15, '65. 
Major 
Thomas H. Kennedy. . .Sep. 30, '62. . .Mus. out with reg. June 30, '65. 
Adjutant 

Charles J. Lovejoy Sep. 30, '62. . .Res. Apr. 28, '65, Little Rock. 

QxMrtermaster 
Andrew J. Shannon . . . Sep. 30, '62 . . . Pro. Capt. and Asst. Pro. Mar- 
shal Mar. — , '64. 

Joshua Clayton IMay 22, '64. . .I\Ius. out with reg. June 30, '65. 

Surgeon 
Cyrus R. Stuckslager. .Sep. 30, '62. . .Mus. out with reg. June 30, '65; 

capt'd by the enemy, Apr. 30, 
'64, Jenkin's Ferry, Ark.; 
exchanged June 28, '64. 
Asst. Surgeon 

Thomas Lindsay Sep. 30, '62. . .Mus. out with reg. June 30, '65. 

John F. Bverhart Sep. 30, '62. . .Resigned Nov. 4, '63. 

Chaplain 

Werter R. Davis Sep. 30, '62. . .Resigned Jan. 26, '64. 

William Sellers Mar. 26, '64. . .Resigned Apr. 12, '65. 

The Twelfth Kansas, upon its muster into the service, was scat- 
tered along the border to hunt guerrillas and bushwhackers, and to 
protect the State from bands of the.se 



KANSAS AND KANSANS 



891 



lu the M'iuter of 1863, most of the regiment was at Fort Smith. 
From that point it did escort dutj-. In February the different parts 
of the regiment were reunited at Fort Smith. On the 23rd of March 
the regiment left Fort Smith, and on the 9th of April, joined General 
Steele's command, which arrived at Camden, Arkansas, on the 16th, 
remaining until the 26th. It was in the battle of Jenkin's Ferry, after 
which it returned to Fort Smith by way of Little Rock, reaching; the 
former city on the 17th of May. During the summer the regiment 
was employed on the fortifications about Fort Smith. It did escort 
duty in the winter of 1864. In Febniary, 1865, it was stationed at 
Little Rock, where it was mustered out of service June 3, 1865. 

Thirteenth K.\nsas Volunteer Cavalry 



The Thirteenth Kansas was one of the three regiments of the quota 
assigned to Kansas under the call of July 2nd, 1862. It was recruited 
by Cyrus Leland, Sr., who was authorized thereto by General James 
H. Lane. It was organized on the 10th of September, 1862, and mus- 
tered into service on the 20th of September under the following field 
and staff: 

Names and rank Date of muster Remarks 

Colonel 

Thomas M. Bowen Sep. 20, '62...Brev't Brig. Gen. Jan. 13, '65; 

mus. out June 28, '65. 
Lieut. Colonel. 

John B. Wheeler Sep. 20, '62. . .Mus. out with reg. June 26, '65. 

Major 
Caleb A. Woodworth. ..Sep. 20, '62... Mus. out June 26. '65, Little 

Rock, Ark. 
Adjutant 

WiUiam P. Badger Sep. 20, '62. . .Resigned Oct. 10, '63. 

George W. Smith Oct. 13, '63 . . . ilus. out June 26, '65, Little 

Rock, Ark. 
Quartermaster 

Cyrus Leland Sep. 20, '62. . .Mus. out June 26. '65, Little 

Rock, Ark. 
Surgeon 
William M. Grimes. . . .Sep. 20, '62. . .Resigned Oct. 20. '64, Ark. 

Amos H. Caffee Feb. 15, '65... Mus. out June 26, '65. Little 

Rock. 
Asst. Surgeon 

John Becker Sep. 20, '62. . .Res. Feb. 27, '64, Arkansas. 

Richard W. Shipley. . . . Oct. 1, '62. . .Res. Oct. 6, '63, Dept. Mo. 
CJwpla'in 

Daniel A. Murdock Sep. 20, '62. . .Died of disease, Springfield, Mc, 

Apr. 28, '63. 

Ozem B. Gardner Sep. 1, '63. . .Killed in action, Nov. 25, '64, 

Timber Hill, C. N. 

In October tlie regiment was assigned to the Division of General 
Blunt. Its fir.st service was in Northwestern Arkansas, and tlio Choi'o- 
kee Nation. It was in the battle of Old Fort Wayne, and in all the 



892 



KANSAS AXI) KANSA.\> 



operations in that region under eonimaud of General Blunt, being in 
the battles o'f Cane Hill, Prairie Grove, and Van Buren. It saw hard 
service at Prairie Grove, where it occupied a very important position. 
On the 7th of January, ISiV.i, the regiment was ordered to Spring- 
field, Jlissouri. 

On tlie 19th of ]May it marched to Fort Scott, and was stationed at 
Drywood for two montlis. A part of the regiment was granted a fur- 
lough. In August, 1863, the regiment was again attached to the com- 
mand of General Blunt, and took part in the campaign in the Indian 
territory and Northwest Arkansas. 

In the winter of 1S64-5 it was on duty at Fort Smith. On the ord 
of JIarch it was ordered to Little Rock, where it was mustered out of 
service on the 26th of June. It was then sent to Fort Leavenworth, 
where, on the 13th of July, it was finallj' discharged. 

Fourteenth K.\ns.\s Volunteer Inf.wtry 



In the spring of 1863, four companies were recruited for a per- 
.sonal escort of Major-General Blunt. It was soon determined to raise 
additional troops for service on the frontier and the recruiting of the 
whole regiment was authorized. During the summer and fall of 1863 
the organization of the regiment was partially completed under Ma.ior 
T. J. Anderson with the following field and staff: 

Names and rank Date of muster Remarks 

Colonel 

Charles W. Blair Nov. 20. '63...Mus. out on det. roll. Leav'th, 

! Aug. 21, '65, to date Aug. 11, 
I "65. 
Lieut. Colonel '■■^^^" 

Charles W. Blair Sep. 26, '63. . .Pro. Col. Nov. 20, '63. 

John G. Brown Mar. 5, '64. . .Res. Aug. 5, '64, Fort Smith. 

J. Finn Hill Nov. 22, '64... Died of pulmonary consump- 
tion, St. Louis, May 11, '65. 

Albert J. Briggs June 3, '65. . .Mus. out with reg. June 25, '65. 

Ma jor 

Daniel H. David Sep. 26, '63. . . Dism'd Jan. 7, '64, Ft. Smith. 

Charles Willetts Nov. 12, ,'63. . .Res. Apr. 29, '65, Pine Bl'f, Ark. 

John G. Brown Nov. 20, '63. . .Pro. Lieut. Col. Mar. 5, '64. 

J. Finn Hill Jan. 20, '64. . .Pro. Lieut. Col. Nov. 22, '64. 

William O. Gould Mar. 19, "64....AIus. out on det. roll, Leaven- 
worth, Aug. 22, "65, to date, 
Aug. 11, '65. 

Albert J. Briggs .May 4. '65. . .Pro. Lieut. Col. June 3, '65. 

William N. Bixby June 3, '63. . .Mus. out with reg. June 25, '65. 

Adjutant ' 

William O. Gould Nov. 1, '63. . . Pro. Major, Mar. 19, '64. 

Alexander D. Nieman. .July 29, '64. . . Pro. Cap. Co. D, June 4. '65. 
George W. Williams. . .June 10', '65. . .JIus. out with reg. June 25, '65. 

Quartermaster 
George AV. Huston. .. .Oct. 17, '63. . . I'risoner of war from June 18, 
> "64, to Ma.y 27, '65; mus. out 

I witli reg. June 25. '65. 



KANSAS AND KAXSAXS 893 

Names and rank Date of muster Remarks 

Commissary 

Josiah G. Haskell Nov. 9, '63. . .Mus. out with reg. June 25, '65. 

Count S. Steel June 3, '65... Died of pneumonia on board 

steamer, on the Ark. river. 
May 4. '65. 
Surgeon 
Albert W. Cheuoweth. .Jan. 1, '64. . .Mus. out with reg. June 25, '65. 

Asst. Surgeon 
Albert W. Chenoweth. .Aug. 21, '63. . .Pro. Surgeon, Jan. 1, '64. 
Willis J. Peak Aug. 20, '64. . .Mus. out with reg. June 25, '65. 

The escort of General Blunt was attacked at Baxter Springs, Mis- 
souri, on the 6th of October, 1863. The guerrillas were led by Quantrill 
and the battle was a massacre and is known in history as the Baxter 
Springs Massacre. The regiment arrived at Fort Smith on the 3rd of 
December, 1863, where its organization was completed. It remained 
at Fort Smith until February, 1864, when it was sent on an expedition 
into the Choctaw country under Major J. G. Brown. 

It was ordered to form a junction with Colonel Phillips at North 
Fork Town, from which place the united force was to march to Boggy 
Depot, Chickasaw Nation. At North Fork Town orders were received 
for six companies under Major Brown to return to Fort Smith. This 
force was sent down the Arkansas river to Ozark, Arkansas. 

On the 6th it marched on the Camden expedition and was in the 
battle of Prairie D'Ane. 

A detachment of seventy men of the Fourteenth was under Colonel 
Phillips when attacked at Poison Spring. Arkansas, by several thou- 
sand of the enemy, and escaped only after a heroic resistance. 

On January 1st, 1865, the Fourteenth was ordered to Clarksville, 
Arkansas, to protect the navigation of the Arkansas River and disperse 
desperate bands of guerrillas in that vicinity. On the 17th, two steam- 
boats, the Chippewa and Annie Jacobs, having a large number of refu- 
gees and several companies of .soldiers on board, were attacked by a 
rebel force at Roseville, below Fort Smith. The Chippewa was cap- 
tured and destroyed. The Antiie Jacobs was disabled but succeeded in 
gaining the north shore. A third boat was attacked but also suc- 
ceeded in gaining the north shore, where all escaped except seven killed 
and some wounded. A detachment of the Fourteenth remained with 
the disabled steamboats until the Annie Jacobs was repaired and mad« 
ready for service. 

The Fourteenth was transferred to the Second Brigade, Seventh 
Army Corps, and ordered to report at Pine Blut?, for which point i* 
embarked on the 25th of February, 1865. It arrived at Pine Blufi" on 
the 27th and was in service there until May, when it was ordered to 
Fort Gibson. 

On the 25th of June, 1865, the Fourteenth was ordered to Law- 
rence, Kansas, to be mustered out. It was finally discharged on the 
20th of August, 1865. 



894 KANSAS AND KANSANS 

Fifteenth Kansas Volunteer Cavalry 

The Fifteenth Kansas Volunteer Cavalry was recruited after the 
Lawrence Massacre, in 1863. It was raised for the express purpose of 
protecting the eastern border of Kansas. It was mustered in at Leav- 
enworth in the fall of 1863, with the following field and statf : 

Names and rank Date of muster Remarks 

Colonel 
Charles R. Jennison. . . Oct. 17, '63...Dis. the service, June 23, '65, 

by sentence of G. C. M. 

William F. Cloud July 26, '65. . .Mus. out with reg. Oct. 19, '65, 

Leavenworth, Kan. 
Lieut. Colonel 

George H. Hoyt Oct. 18, '63. .. Resigned July 19, '65; pro. 

Brev. Brig. Gen. ilar. 13, '65. 

Henry C. Haas Sep. 3, '65. . . Mus. out with reg. Oct. 19, '65, 

Leavenworth, Kan. 
Major 

Robert H. Hunt Oct. 2, '63. . .Pro. Brev. Lieut. Col. June 19, 

65; no evidence of mus. out 
on file. 

John M. Laing Oct. 19, '63...Dis. Mar. 20, '65, per sentence 

G. C. M. 
Henry C. Haas Oct. 20, '63. . .Pro. Lieut. Col. Sep. 3, '65. 

Benjamin F. Simpson. June 7, '65...ilus. out with reg. Oct. 18, '65, 

Fort Leavenworth, Kan. 
Leroy J. Beam Sep. 27, '65. . .ilus. out with reg. Oct. 19, '65, 

Leavenworth. 
Adjutant 
Joseph Mackle Sep. 1, '63. . . Mus. out with reg. Oct. 19, '65. 

Leavenworth. 
Quartermaster 
George W. Carpenter. .Sep. 1, '63. . . Pro. Capt. and A. Q. M., U. S. 

Vols., Nov. 22, '64. 
Samuel P. Warren. . . .Mar. 22, '64. . .Mu.s. out Oct. 19, 65, Leav'th. 

Commissari; 

Johu Francis Oct. 27, '63 . . . Res. June 12, '65. 

George E. Clark Aug. 20, '65... Mus. out with reg. Oct. 19. "65, 

Leavenworth. 
Surffeon 
Augustus E. Denning. .Sep. 28, '63... Died of disease, Leavenwortli, 

Jan. 6, '64. 

Edward Twiss June 14, '64. . .Mus. out with reg. Oct. 19, '65, 

Leavenworth. 
Asst. Surgeon 

Edward Twiss Oct. 31, '63... Pro. Surgeon, June 14, '64. 

Samuel Ashmore Sep. 27, '64. . .Mus. out ^vith reg. Oct. 19, '65. 

Leavenworth. 
Chaplain 

Benjamin L. Read Oct. 23, '63... Mus. out with reg. Oct. 19, 65, 

Leavenworth, Kan. 

Company C was sent to Independence, Missouri. The remainder 
of the regiment was stationed in camp near Fort Leavenworth until 



KANSAS AND KANSANS 



895 



November. Two companies were then assigned to duty in the City of 
Leavenworth. One comjiany was sent to Paohi and another to Fort 
Scott. Later the other companies wei-e distributed along the posts of 
the border. 

In 1664 Colonel Jennisoii was ordered to Mound City and placed 
in command of the First Sub-district of Southern Kansas. Upou the 
appearance of General Price in Missouri, in 1864, the various com- 
panies of the regiment were reassembled, and the Fifteenth was made 
a part of the First Brigade under command of Colonel Jennisou. 

Its principal service was in the Price raid, which has already been 
treated in this work. 

The regiment was mustered out at Leavenworth, Kansas, October 
19, 1865. 



Sixteenth Kansas Voi-xjnteer Cav.^lry 

The Sixteenth Volunteer Cavalry was organized in the year 1863 
with the following field and staff: 

Names and rank Date of muster Remarks 

Colonel 

Werter R. Davis Oct. 8, '64. . .Mus. out with reg. Nov. 28, '65. 

Lieut. Colonel 

Werter R. Davis Mar. 10, '64. . .Pro. Colonel Oct. 8, '64. 

Samuel Walker Oct. 8, '64. . .Mus. out with reg. Dec. 6, '65. 

Major 

James A. Price Feb. 29, '64... Res. Oct. 7, '64. 

Wilber F. Woodworth. Apr. 27, '64... Res. June 20, '65. 

James Ketner Oct. 8, '64. . .Mus. out with reg. Dec. 6, !65; 

pro. Brevet Col. Mar. 13, '65. 

Clarkson Reynolds Oct. 8, '64... Mus. out with reg. Dec. 6, '65. 

Adjutant 

Philip Doppler Nov. 18. '63. . . Pro. Capt. Co. E, Feb. 4, '65. 

Jonas G. Dodge Mar. 20, '65 . . . I\Ius. out Nov. 28, '65. 

Quartermaster 

William B. Halyard. . .Nov. 24, '63... Mus. out Nov. 28, '65. 

Commissarif 

William P. Miller June 30, '64... Mus. out Nov. 28, '65. 

Surgeon 

James P. Erickson . . . . July 1, '64... Died of chronic dysentery. Ft. 

Conner, D. T., Sep. 21, '65. 

John A. Hart Nov. 16, '65. . .Mus. out Nov. 28, '65. 

Asst. Surgeon 

George A. Benjamin. .. Mar. 6, '64...Di.s. for incompetency Mar. 18, 

'65. to date from mus. in. 

John A. TTart May 20, '65. . .Pro. Surgeon, Nov. 16, '65. 

Cluiplain 

Thomas J. Ferril Oct. 8, '64. . .Mus. out Nov. 28, 65. 

Being organized at so late a period, the Sixteenth did not see much 
active service. It was in tlu; battle of the Big Blue, and was a part 
of the force which pursued General Price. 

A detachment of this regiment was sent to the Plains under Col- 
onel Samuel Walker, wJT^re it performed post and escort duty. 



896 KANSAS AXD KAXSAXS 

The Sixteeiitli coutained mauy veterans aud was composed of as 
good material as any Kansas regiment. It was unfortunate in not 
having an opportunity to show its fighting qualities. 

Seventeenth Kans.\s Volunteer Infantry 

The Seventeenth Kansas Volunteer Infantry was organized under the 
President's call of Api-il 23, 1864. It was mustered into service on the 
28th of July, at Fort Leavenworth, under the following field and staff- 

Names and rank Date of muster Remarks 

Lieut. Colonel 
Samuel A. Drake July 29, '64. . .No evi. of mus. out on tile. 

Adjutant 
D. C. Strandridge July 8, "64... No evi. of mus. out on file. 

Quartermnster 
B. D. Evans July 8, '64... No evi. of mus. out on tile. 

Asst. Surgeon 
Geo. E. Buddington . . . July 8, '64... No evi. of mus. out on tile. 

The first duty of the 17th was as a garrison at Fort Leavenworth. 
The regiment was soon divided into detachments and sent to Fort Riley. 
Lawrence, and Cottonwood Falls. It was ordered to Paola in September. 
1864, and did good sei-\'iee in the Price raid. 

It was mustered out November 16th, 1864. 



Eighteenth Kansas Volunteer Battalion 

This Battalion was commanded by Major Horace L. Moore of Law- 
rence, who had been Lieutenant-Colonel of the Fourth Arkansas Cavalry. 
The Battalion numbered three hundred and fifty-eight. It was 
recruited to protect the frontier from Indian attacks, and was organized 
in July, 1867. 

On the 21st of August, 1867, a force of Indians, reported eight hun- 
dred strong, attacked the Tenth Cavalry on the Republican River. The 
troops were forced to fall back to the vicinity of Fort Ilarker. On the 
30th of Augiist, Major Moore met a portion of this Indian band and de- 
feated it. The Eighteenth was actively engaged in the Indian service 
until the 15th of November, when it was mustered out of the service. 

Nineteenth Kansas Volunteer Cavalry 

The Indian troubles on the border continued through the year 1868. 
The Nineteenth Kansas Volunteer Cavalry was mustered into service 
October 20. 1868, under the following field and staff: 

Colonel, Samuel J. Crawford; Lieutenant-Colonel, Horace L. Moore: 
Major, William C. Jones; Adjutant, James M. Steele; Surgeon, Mahlon 
Bailey: Quartermaster, Luther A. Thrasher, all of Topeka. 



KANSAS AND KANSANS 897 

It has already been stated in this work that Colonel Crawford resigned 
as Governor of Kansas to organize the Nineteenth for the defense of the 
frontier. The regiment contained 1,200 men. It left Topeka November 
5, 1868, for the Indian country. On the 14th it crossed the Arkansa.s 
River, and on the 28th joined General Sheridan on the North Canadian. 

The day before this junction had been formed, the Indians had been 
attacked on the Washita by General George A. Custer. The Indians were 
commanded by Black Kettle and other chiefs. They were defeated by 
General Custer. General Sheridan's force pursued the Indians, com- 
pelling them to surrender on the 24th of December. They gave up many 
captives. 

After the campaign, the Nineteenth Kansas returned to Fort Hays, in 
March. 1869, and were mustered out at that place on the 18th of April. 

First K.\ns.\s Colored Voluxteeb Infantry 

This was one of the first colored regiments organized in the Civil War. 
In August, 1862, General James H. Lane, appointed Captain James H. 
Williams of the Fifth Kansas Cavalry, Recruiting Commissioner for that 
part of the State lying north of the Kansas River, and Captain H. C. 
Seaman, for that part of Kansas lying south of the river. They raised a 
colored regiment. Within sixty days, five hundred men had been secured, 
but there was some opposition to their being mustered into the United 
States service. They were, however, mustered on the 13tli of January, 
1863. Before they were mustered, they had been attacked by the rebels 
under Colonel Cochran, but gave a good account of themselves. 

During the winter of 1863, four companies were added and the regi- 
ment was organized on the 2nd of May, 1863, with the following field and 
staff: 

Colonel, James M. Williams; Lieutenant-Colonel, John Bowles; 
Major, Richard G. Ward; Adjutant, Richard J. Hinton; Quartermaster. 
Elijah Hughes; Surgeon, Samuel C. Harrington; Chaplain, George W. 
Hutchingson. 

The regiment saw much service during the war. The Confederate 
govennnent was much opposed to the enlistment of colored men by the 
Federal Government, and passed barbarous laws, prescribing punishment 
of those who should be captured. In reply to these laws. President Lin- 
coln issued his order on the 3Gth of April, 1863, ordering "that for every 
soldier of the United States killed in violation of the rules of war, a rebel 
shall be executed ; and for eveiy one enslaved by the enemy or sold into 
slavery, a rebel soldier shall be placed at hard labor on public works, and 
continued at .such labor until the other shall be released and receive the 
treatment due a prisoner of war." 

On the 27th of June, 1863, the First Kansas Colored Volunteer Infan- 
try was made a part of the escort of a valuable train of supplies from 
Fort Scott to Fort Gibson. This train and escort were attacked at Cabin 
Creek, July 1, 1863, by General Cooper and some Indian forces. The 
Union troops saved the train and proceeded witli them to Fort Gibson, 
where it arrived on the 5th of July. 



898 KANSAS AND KANSANS 

On the ITtli of Jul}' the regiment bore an honorable part in the battle 
of Honey Springs south of Fort Gibson. 

The regiment had part in the movements of the Union troops about 
Fort Smith, operating much on the Arkansas River and about Camden, 
Arkansas. This regiment never failed to give a good account of itself in 
ajiy battle they served in which it was engaged. 

Second Kansas Colored Volunteer Infantry 

This i-egiment was organized in October, 1863, at Fort Smith, Arkan- 
sas, under the following field and staff: 

Colonel, Samuel J. Crawford, Garnett; Lieutenant-Colonel, Horatio 
Knowles; Major, James H. Gillpatrick, Junction City; Adjutant, John 
R. Montgomery, Little Rock, Ark. ; Quartermaster, Edwin Stokes, Clin- 
ton ; Surgeon, George W. Walgamott, Lawrence ; Chaplain, Josiah B. 
McAfee, Topeka. 

This was a famous regiment. It performed long, arduous and bril- 
liant service. Its stand at Jenkins Ferry, Arkansas, was not surpassed in 
bravery by any troops in the service of the United States. For a com- 
plete account of the service of this regiment, students are referred to 
Ea7isas in the Sixties, by Governor Samuel J. Crawford. 

First Kansas Volunteer Battery 

The First Kansas Volunteer Batteiy was mustered into service July 
24, 1861, under the following field and staff. Captain, Thomas Bicker- 
ton ; First Lieutenant, Norman Allen, both of Lawrence ; Second Lieuten- 
ant, Hartson R. Brown ; First Sergeant, John B. Cook, Auburn ; Second 
Sergeant, Shelby Sprague, Prairie City ; Corporal, John S. Gray, Mound 
City. 

It at that time, numbered about 50 artillerymen. INIany recruits were 
added in the early part of 1862. This battery was at the battle of Prairie 
Grove, and rendered good service there. It was at Rolla, Missouri, July 
9, 1863, on which day it departed for St. LouLs. 

Lieutenant Norman Allen was promoted February' 25, 1862, to the 
rank of Captain. He died of pneumonia at St. Louis, July 10, 1863. The 
batterj' was then commanded by Lieutenant Thomas Taylor, Lieutenant 
H. R. Brown having been mustered out February 15th. The following is 
the summary of this Battery made by the Adjutant General. 

Directly succeeding this (the death of Capt. Allen), they were 
ordered to Indiana, and took an active part in capturing Jlorgan's 
guerrilla band, then on their celebrated raid through that State. After 
this, they were ordered to St. Louis, and subsequently to Columbu.s. Ky. 
They served ■with distinction in all the principal actions in which the 
armies of the Tennessee and Mississippi were engaged, and their numbers 
were greatly reduced by the casualties of war, and by disease. 

The batters^ was mustered out at Leavenworth, July 17, 1865. 



KANSAS AND KANSAXS 899 

Second Kansas Volunteer Batteey 

The Second Kansas Volunteer Battery was organized under the direc- 
tion of Major C. W. Blair, of the Second Kansas Cavalry. The organiza- 
tion was completed in September, 1862, and on the 19th of that month 
it was mustered at Port Scott, with the following field and staff: 

Charles W. Blair, Fort Scott, commanding; First Lieutenant, Edward 
A. Smith ; First Lieutenant, David C. Knowles ; Second Lieutenant, An- 
drew G. Clark, all of Fort Scott; Second Lieutenant, Aristarchus 
Wilson, Mapleton; First Sergeant, William Eequa, Mount Gilead; 
Quartermaster Sergeant, William H. Boyd, Mansfield. 

Its entire force at that time numbered 123 officers and men. Its 
equipment was two twelve-pounder field howitzers and foui- six-pounder 
guns. It was assigned to the Fir.st Brigade, First Division, Army of the 
Frontier. 

On the 13th of September, a section of this battery was taken by 
General Solomon into Missouri. It was in all the movements of the pur- 
suit of General Hindman, and was at Pea Ridge on the 18th of October. 

When General Blunt moved on Cane Hill the battery was left to 
guard supply trains at Lindsay's Prairie. From there it went to Rhea's 
Mills, from which point it was ordered to Fort Scott, reaching that point 
on the 3rd of December, and remaining until the 10th of i\Iay, 1863. 

A portion of this battery was stationed at Baxter Springs in I\Iay, 
1863. On the 24th of June it was ordered to Fort Smith. 

It was in the battle of Honey Springs and was at Fort Gibson until 
the 22nd of August. 

In November, 1863, the battery wa.s ordered to Fort Smith. Here 
four ten-pounder Parrott were added to its equipment. The battery re- 
mained at Fort Smith until June, 1864. 

This battery rendered fine service and saw much hardship. It was 
discharged on the 15th of August, 1865, at Leavenworth. 

Third Kansas Volunteer Battery 

The Third Kansas Volunteer Battery was fii-st made up as a cavalry 
company by Henry Hopkins and John F. Aduddell. It was known 
as Company B, Second Kansas Cavalry, and its officers Avere Henry 
Hopkins, Captain; John F. Aduddell, First Lieutenant; Oscar F. Dun- 
lap, Second Lieutenant. It was first designed to send this battery to 
New Mexico, but that expedition was abandoned. 

The battery marched to Fort Lamed, from which point it marched 
to re.ioin its regiment at Dry Wood, where it arrived September 23, 
1862. 

A rebel battery was captured at Old Fort Wayne, October 20, 1862. 
Company B was detached from the Second Kansas Cavalry to man this 
captured battery, which was afterward known as Hopkins' Kansas 
Battery. At the time of capture it consisted of four guns. Three of 
these were six-pounders, and one a twelve-pounder howitzer. Tlie 



900 KANSAS AND KAXSAXS 

battery was in the battle of Cane llill. It was also at the battle of 
Prairie Grove. It was in the pursuit of Hindman to Van Buren. It 
was then transferred to the Third Brigade, under Colonel Cloud. Later 
it was transferred to the Indian Brigade under Col. William A. Phillips. 

The battery was in the engagements at Cabin Creek and Honey 
Springs. It went into camp at Van Buren, Arkansas, September 2, 1863. 

October 1, 1863, it w^as organized into a permanent battery of light 
artillery, and known as the Third Kansas Battery. 

A detachment of the battery was sent to Little Kock. The commis- 
sioned officers and the men whose terms of enlistment had expired 
were mustered out on the 19th of January, 1865, at Leavenworth. The 
remainder of the battery was detained at Little Rock until the 21st of 
July. 1865, and mustered out on tlie 11th of August, at Leavenworth. 



Hollister's Battery 

Orders were received at Fort Leavenworth, I\Iay 22, 1862, to detail 
150 non-commissioned officers and privates from the Second Kan.sas 
Cavalry, to man a battery of six-pounder Parrott guns. The officers 
assigned were as follows: Henry Hopkins, Captain, from Company B; 
R. H. Hunt, First Lieutenant, from Company I; J. B. Rankin, Sec- 
ond Lieutenant, from Company H; Joseph Craeklin, Second Lieuten- 
ant. He had been the Second Battery Adjutant. The name of the 
battery was then changed from Hollister's to Hopkins. 

On the 28th of May it went aboard a steamboat and proceeded to 
Columbus, Kentucky, where it arrived June 6th. In Julj' it was 
assigned to Rosecrans' Army. 

In August, Captain Hopkins, First Lieutenant Hunt, and Second 
Lieutenant Craeklin, were ordered to rejoin their regiments in Kan- 
sas. The men were then mounted and attached to General Sheridan's 
brigade. On the 17th of August they were transferred to General 
Mitchell's command, at luka. These troops moved to join General 
Buell on the 18tb of August. They passed through Florence (Ala- 
bama), Columbia, Franklin, and Triune, to Murfreesboro, Tenn. From 
there they moved to Nashville. 

They were in the battle of Perryville, on September 2Sth. 

The detachment was in the pursuit of Morgan. 

In 1862 all detachments were ordered to report to their respective 
regiments and commanders. Pursuant to this order this detachment 
arrived at Fort Leavenworth, October 26. 1862. 

Indian Regiments 

Many of the Five Civilized Tribes remained loyal to the Union dur- 
ing the Civil war. Hundreds of these loyal Indians were compelled 
to leave their tribes ])ccau.se of the hostilities of their brethren at the 
instigation of the Southern roiifederacy. General Albert Pike made 



KANSAS AND KANSANS 901 

treaties with these tribes by which they attempted to take their ter- 
ritory into tlie Southern Confederacy. Many of the Indians, in pur- 
suance of this treaty, enlisted in the Southern ai-mies. These made 
war on those who wished to remain loyal to the Union. Tliey became 
refugees in Southern Kansas, assembling mostly in the country of the 
Osages, the majority of whom remained loyal. The Government author- 
ized the organization of Indian regiments of these refugees and any 
other loyal Indians desiring to enlist in the Union army. The Indian 
regiments were ofScered by Kansas soldiers. There were Indians from 
all of the Five Civilized Tribes in these regiments. It is possible 
that the Cherokees furnished more recruits than any other tribe. 

Soon after the Cherokees settled in the country now embraced in 
Oklahoma, a Baptist mission was established among them by a Rev. 
Mr. Jones. The mission was near the Arkansas line, and not far from 
the town of Cincinnati, Arkansas. Jones taught the Indians, princi- 
pally full-blood Cherokees, anti-slavery sentiments. "When one was 
converted to the belief against slavery, he was given a pin or badge to 
wear. These came to be known as "Pin Indians," from the fact that 
they wore these distinctive pins. In the Civil War, a "Pin Indian" 
was a loyal Indian. In the annals of the Civil War will be found many 
references to Pin Indians, and it was believed necessary to state here 
the origin of the name. 

The field and staff of each of the three Indian regiments i.s set out : 

First Indian Regiment 

Names Rank Date of 

Commission 

William A. Phillips IMajor June 2, 1862. 

James A. Phillips Major July 10, 1862. 

J. H. GiUpatriek First Lieut, and Adj Nov. 1, 1862. 

Salmon S. Prouty First Lieut, and R. Q. M. .June 21, 1862. 

John Chess First Lieut, and Adj May 28, 1863. 

Alfred F. Bieking First Lieutenant Sep. 10, 1862. 

Ferdinand R. Jacobs First Lieutenant Sep. 10, 1862. 

Robert T. Thompson First Lieutenant Apr. 1, 1863. 

Francis J. Fox First Lieutenant Sep. 10, 1862. 

Albert Flanders First Lieutenant July 1, 1863. 

Benj. F. Ayres First Lieutenant Mar. 29, 1863. 

Milford J. Burlingame. . .First Lieutenant Dee. 29, 1863. 

Frederick Crafts First Lieutenant Sep. 10, 1862. 

Eli C. Lowe First Lieutenant Sep. 10, 1862. 

William Roberts Second Lieutenant July 1, 1863. 

John D. Young Second Lieutenant Aug. 25, 186-1. 

Second Indian Regiment 
Names Rank Date of Coiiiinissioii 

John Ritchie Colonel 

Fred. W. Schuarte Lieut. Colonel 

E. W. Robinson First Lieut, and Adj 

John C. Palmer First Lieut, and Adj 

George Huston First Lieut, and R. Q. I\I 



902 KANSAS AND KANSANS 

Names Rank Date of Commission 

A. J. Ritchie Surgeon 

M. A. Campdorus Assistant Surgeon 

James H. Bruce Captain May 27, 1863. 

Joel Moody Captain Unknown. 

Charles Lenhart First Lieutenant Oct. 15, 1862. 

John M. Hunter First Lieutenant Sep. 14, 1862. 

James M. Bruce First Lieutenant Unknown. 

William H. Kendall First Lieutenant Dec. 8, 1862. 

John Moffit First Lieutenant LTnknown. 

E. P. Gilpatrick First Lieutenant Unknown. 

A. J. Waterhouse First Lieutenant 

Silas Hunter Fii-st Lieutenant June 2, 1862. 

David A. Painter First Lieutenant June 2, 1862. 

Scott Firet Lieutenant June — , 1862. 

Third Indian Regiment 

Names Rank Date of 

Commission 

William A. Phillips Colonel July 11, 1862. 

John A. Foreman Major July 11, 1862. 

William Galliher First Lieut, and Adj Julv 11, 1862. 

Alfred Larzelere First Lieut, and R. Q. M. .Julv 11, 1862. 

A. C. Spillman Captain Nov. 4, 1862. 

Henry S. Anderson Captain Nov. 15, 1862. 

Maxwell Phillips Captain May 28, 1863. 

Solomon Kaufman Captain May 28, 1863. 

Luke F. Par.sons First Lieutenant July 11, 1862. 

John S. Hanway First Lieutenant July 11, 1862. 

Andrew W. Robb First Lieutenant July 11, 1862. 

Harmon Scott First Lieutenant July 11, 1862. 

Benjamin Whitlow First Lieutenant July 11, 1862. 

Charles Brown First Lieutenant Apr. 1, 1863. 

William MeCullough Second Lieutenant Dec. 31, 1862. 

Basil G. MeCrea Second Lieutenant Dec. 31, 1862. 

Jule C. Cayott Second Lieutenant May 28. 1863. 

Price Raid Cl.\ims 

In the Price Raid, much property was destroyed. A great deal 
of it belonged to Kansas people. The owners of this property had a 
valid claim against the Government for the amounts of the losses they 
could establish. The following condensed statement is quoted from 
the Andreas History of Kansas, pages 207-8. 

The Price raid and Curtis expedition cost the citizens of Kansas, 
besides the labor, loss of life, and such incidental losses as oould not 
be computed, not less than half a million dollars. The Government 
was of course bound to reimburse them, so far as the losses could be 
established as valid claims, growing out of the war in which the country 
was then engaged. The Legislature of 1865 made provision for the 
assumption and payment of the claims by the State, looking to the 
General Government for I'eimbursement. A commission was appointed to 
examine and audit such claims as might bo presented. In addition to the 
just claims which came before the committee came an avalanche of bogus 



KANSAS AND KANSANS 903 

claims. The aggregate amount of claims presented was upward of 
$2,000,000. One-half of them required little consideration to be rejected. 
The Commissioners allowed, as appears by the report of T. J. Anderson, 
Adjutant General, November 30, 1866, the following: 

Services rendered $197,327.34 

Materials, supplies and transportation furnished 152,530..54 

Damage sustained 106,806.05 

Miscellaneous claims 36,290.90 

Total $492,644.83 

The Commissioners further reported several claims received subse- 
quent to November 1, on which no action had been taken. 

The Legislature of 1867 assumed the payment of the awards, and 
again referred them to a special committee to be re-audited and corrected. 

This Examining Board of Commissioners was appointed by Gov. 
Crawford, March 26. The members were : D. E. Ballard, W. H. Pitz- 
patrick and William N. Haraby. It entered upon the work of re- 
examination April 1, and reported to the Governor July 1. The awards 
made were as follows : 

Amount allowed for services $218,398.75 

Allowed for supplies and transportation 81,682.32 

Allowed for damages sustained 131.693.83 

Allowed for property lost, and miscellaneous. . 35,518.47 

Total $467,293.37 

The amount allowed for "services" by the above report exceeded the 
awards of the first auditing commission $21,061.41 ; on the items of 
supplies, transportation, damages, property lost, etc., the committee 
made large deductions. The Governor, in his message, January, 1868, 
says: 

"A portion of this discrepancy can doubtless be accounted for by 
an honest difference of opinion between the two boards in regard to the 
prices of material, etc., while another portion, I regret to say, can only 
be accounted for by a package of forged or fabricated vouchers, amount- 
ing to some $18,000, which were placed in ray pos.session by the Examining 
Commission when they made their report, in compliance with the law. 
These forged or fabricated claims purport to have been sworn to before 
the Secretary of the Price Raid Commission. Whether he has been 
imposed upon by unknown parties is not for me to determine; but I 
respectfully refer the whole subject to the Legislature, with the earnest 
recommendation that a thorough and searching investigation be made 
of the entire affair, so as to prevent undue suspicion from attaching to 
those who might be farthest from the commission of such a crime. Be- 
sides, if the Commissioners should have been mistaken in judging these 
claims to be forged, when in fact they were genuine, then an investiga- 
tion is due, in order that the innocent may not suffer." 

An investigating committee reviewed the original Price raid awards, 
and, in January, 1868, reported that it found many claims dishonestly 
allowed. The Legislature, March 3d, passed a new Price raid bill. 

The Legislature of 1869 provided for a third Board of Commissionei-s 
to audit the Price raid and Curtis expedition claims. The new Com- 
missioners were Levi Woodward, David "UHiittaker and T. J. Taylor. 
The awards of the committee, as reported to Adjt. Gen. Whittaker, 
September 1, 1869, were as follows : 



904 . KANSAS AND KANSANS 

Services rendered $233,345.47 

Materials, supplies and transportation furnished 111,352.53 

Damages sustained 159,191.34 

Miscellaneous claims 36,627.64 

Total $540,516.98 

The Adjutant General further reported, January 12, 1870, that, in 
addition to the above, there had been allowed by various committees of 
the Legislature, and by the State Auditor and Treasurer, $6,701.13, 
making the total amount of the debt accruing from the Price raid and 
the Indian expedition of Gen. Curtis, $547,218.11. The State had previ- 
ously assumed $500,000 of this debt, and the Adjutant General, in his 
report, suggested to the Governor that he recommend the assumption 
of the balance (.$47,218.11). 

The amount of the claims being thus finally settled by the State, the 
claim was pressed upon the Government for settlement. February 2, 
1871, Congress passed a bill providing for the auditing of the claims. 
Under its provisions, a commission was appointed by the Secretary of 
War to audit the Price raid claims. Its members were: James A. 
Ilardie. In.spector General U. S. A. ; J. D. Bingham, Quartermaster U. S. 
A., and T. H. Stanton, Paymaster U. S. A. .The members of the com- 
mission met at Topeka, March 17, and having duly investigated the 
claims in detail, repaired to Washington late in the month, and reported 
their award to the Secretary of War, as the basis of an appropriation 
for the settlement of the claims. On their report the House Committee 
on Claims reported to appropriate the sum of $337,054.00 for the pay- 
ment of the Price raid claims. June 8, 1872, Congress appropriated 
that sum as recommended, and on August 13, Gov. Harvey, in behalf 
of the State, received the amount awarded. The amount was received 
by State Treasurer Hayes and disbursed, as stated in his report of 
December 30, 1872, as follows: 

"On the seventeenth of August I received the sum of $336,817.37, 
which had been appropriated by act of Congress to the State of Kansas, 
in payment for a certain class of military claims ; while for the interest 
on the debt thus paid, and for other classes of claims contracted at the 
same time, and for which Union Military Scrip had been issued, no 
provision was made. There being no law governing my action in case 
of partial payment, and believing it would be wronging the claimants, 
either to wait action by the Legislature or to pay those first presented 
in full, I decided to pay without interest that class of scrip only which 
had been allowed by Congress, and to issue certificates showing the 
amount of interest then due on the same. 

"The scrip issued for the Curtis expedition against the Indians, and 
for the services of certain irregidar companies in the Price raid, although 
not allowed by Congress, has been paid, as it was found impossible to 
distinguish by the warrants for what kind of service they had been 
issued. There will therefore be a deficiency in the funds for the pay- 
ment of scrip issued for services, transportation, supplies and miscel- 
laneous, including the Curtis expedition, to the amount of $94,348.48, 
exclusive of interest; in addition to which there still remains outstanding 
interest certificates issued on scrip paid to the amount of $124,000, and 
scrip given for damages, $151,191.34 — to all of which I would respect- 
fully call your attention, and recommend that some early and final dis- 
po.sal be made of the same." 

The manner in which Treasurer Hayes disbursed the funds and other 
suspected misdemeanors led to articles of impeachment being found 
against him. He resigned, and the impeachment was not prosecuted. 



KANSAS AND KANSANS 905 

The Legislature of 1873 created another Price Raid Commissiou, to 
audit the outstanding claims, after deducting what had already been paid 
out of the Congressional appropriation. The final report, made Feb- 
ruary 25, 1874, shows the following outstanding claims: 



?e scrip $159,191.34 

Estimated interest on same 78,000.00 

Service and other scrip 94,348.48 

Estimated interest on .same 46,000.00 

Additional claims of 1872 1,018.16 

Additional claims of 1873 236.50 

Total outstanding scrip $378,794.48 

Adding the Congressional appropriation of $336,817.37, the total 
cost of the Price raid and Curtis expedition was $715,611.85, of which 
sum $378,794.48 fell upon the State. 

In 1879 a new Price Raid Committee was appointed, which reported 
February 17, 1881, claims still outstanding, amounting to $75,047.71, 
besides certificates of interest issued for $67,561, by Ti'easurer Hayes in 
1872 on military scrip, the principal of which was paid by him. The 
additional claims audited by the last committee and reported by them 
as still outstanding will largely increase the amount of expense to the 
State over that above stated. To the future historian is left the task 
of making a final summary. 



Tables 

STATEMENT OF THE NUMBER OF MEN CALLED FOR BY THE PRESIDENT OF THE UNITED STATES. 

AND THE NUMBER FURNISHED BY THE STATE OF KANSAS FROM APRIL 15. 186:. 

TO JUNE 30, 1865 

Date of Call For what Period Quota Men Fum'd 

April 15. 1861. for I5.0»0 mUltla Threa months 650 

May "., July 22 and 25, 18B1. for 500.030 men Three years 3.235 6.953 

July 2. 1862. for 300.000 men Three years 1.771 1.936 

August 1, 1862, for :100,000 militia Nine months 1.771 

October 17. 1863, and February 1, 1864. for 500.000 men. ..Three years 3,523 5.374 

March 14. 1864, for 200.000 men Three years 1.409 2.56S 

April 23. 1864, militia One hundred days 441 

July 18, 1864. for 530.000 men One, two and three years 3,729 351 

December 19. 1864. for 300,000 men One. two and three years 1,222 829 

Total 16.634 20 097 



KANSAS AND KANSANS 






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Spanish-American War Regiments 

The Field ajid Staff and account of service for each of the four regi- 
ments of the Spanish-American War, are quoted from the official Report 
of the Adjutant-General. 

The Twentieth Kansas 

It was the good fortune of the Twentieth Kansas to be assigned to ac- 
tive service in the field in the Spanish-American War. There is no doubt 
that the other three regiments would have rendered distinguished service 
had the opportunity offered. They were, however, denied the privilege 
of demonstrating what they could do on the field of battle. 

The achievement of the Twentieth will always be one of the events 
in Kansas history of which the State will be proud. Its campaign in the 
Pliilippine Islands makes it immortal. It never faltered in the full 
performance of any dut}'. Both the men and the officers of 
that regiment have continued to distinguish themselves, and to bring 
honor to the State. No better soldier nor competent officer is to-day in 
the army of the United States than General Frederick Funston. His 
brilliant record as a soldier is familiar to all the people of the United 
States. General Wilder S. Metcalf is one of the foremost citizens of the 
State, and has recently rendered pre-eminent service in the Kansas 
National Guard. He has been called to the councils of the State, 
having been recently elected State Senator from Douglas County. Dr. 
Charles S. Huffman, of Cherokee County, is one of the eminent physi- 
cians of Kansas. He has been a member of the Kansas State Senate for 
twelve yeai-s, and has just been elected to another four-year term. His 
service in capacity of Legislator has been of great value to Kansas. Gen- 
eral Charles I. Martin is the present efficient Adjutant-General of Kan- 
sas. He has held this position for some years. His work has made the 
Kansas National Guard the equal to that of any State, and superior to 
many. He is favorably known in the militarj- circles of America. 

References of this nature might be indefinitely extended in .speaking 
of the Twentieth Kansas. Captain Clad Hamilton and many others 
have rendered the country services beyond computation. Captain Hamil- 
ton is still at the front as this is written. He has been promoted to ninjor 
in the Kansas National Guard. 

The field and staff of the Twentieth Kansas were as follows : 



910 



KANSAS AND KANSANS 



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KANSAS AND KANSANS 911 

The Twentieth Kansas Volunteer Infantry was organized at Topeka, 
May 9 to 13, 1898. The companies constituting the regiment were to a 
large extent raised in counties as designated below : 

Company A, in Shawnee County, May 9, 1898. 

Company B, in Wyandotte County, May 9, 1898. 

Company C, in Leavenworth County, May 13, 1898. 

Company D, in Crawford County, May 11, 1898. 

Company E, in Anderson, Coffey and Woodson counties. May 10, 1898. 

Company F in Bourbon County, May 12, 1898. 

Company G, in Wilson and Montgomery counties May 12, 1898. 

Company H, in Douglas County, May 9, 1898. 

Company I, in Miami, Shawnee and Bourbon counties. May 12, 1898. 

Company K, in Franklin and Linn counties. May 11, 1898. 

Company L, in Geary and Dickinson counties. May 10, 1898. 

Company M, in Salina, Ottawa and McPherson counties, Mav 10, 
1898. 

The regiment broke camp at Topeka and moved by rail to San Fran- 
cisco, California, where it amved May 20, 1898, and was assigned to 
Camp Merritt. Until June 18, the regiment was under command of 
Lieutenant-Colonel E. C. Little ; at this date, Colonel Frederick Funston 
arrived and assumed command of the regiment. During June the regi- 
ment was recruited to its full complement of enlisted men. On August 
5 the regiment moved station to Camp Merriam, San Francisco, Cali- 
fornia. The regiment remained here, undergoing constant drill and mili- 
tary instruction, until the latter part of October. 

On the 27th of October the field and staff and second and third bat- 
talions embarked on the United States transport Itidiana, and at four 
o'clock P. M. sailed for JIanila, P. I., via Honolulu. The first battalion, 
under the command of Lieutenant-Colonel E. C. Little, sailed from San 
Francisco for Manila by the same route at eleven o'clock A. M., Novem- 
ber 9, on the United States transport Newport. 

The Indiana arrived at Manila on December 1, and the Neurport on 
December 6, 1898. The third battalion landed on December 8, and the 
first and second battalions on the 11th. The first battalion was stationed 
at "La Rosa Tobacco Warehouse;" the second battalion, with regimental 
headquarters, at the "Administraeion de Hacienda;" and the third bat- 
talion at "Aldecoa & Co.'s godown." The first battalion was moved, 
on January 8, 1899, to the "Cuai-tel de Infanteria," the tobacco ware- 
house being located in the smallpox-infected district, but moved back 
again on the tenth, and remained there until January' 25, when it was 
moved to "No. 73 Lunetta." This battalion lost a number of men from 
smallpox. 

On February 4, at about ten o'clock P. M., the outpost of the regiment 
was attacked, and the second and third battalions, under regimental com- 
mander, moved rapidly to its support. These outposts were on the ex- 
treme left of tbo American lines, and were being firmlj' held by Captain 
A. G. Clarke and Lieutenant Krause with about sixty men from various 
companies. A sliarp fire was kept up all nisrlit. and. intermittingly, until 



912 KANSAS AND KANSAXS 

noou of the yth, when an advance of the entire brigade line was ordered 
and executed, the first battalion having in the meantime joined the 
command. The enemy were quickly driven back beyond two lines of 
entrenchments to their blockhouse, about two miles north of Manila. 
Here our lines fell back about 1,000 yards, but advanced, without opposi- 
tion, and I'eoccupied the advanced point the following morning (Febru- 
ary 6). On the 7th, Colonel Funston asked and received permission to 
attack the insurgent forces in his front. He immediately moved against 
them with four companies (B, C, E, and I), driving them from their posi- 
tion, with heavy loss after a sharp fight lasting about forty-five minutes. 

Februarj^ 10, at 3 :30 P. M., orders were received to assault and take 
the town of Caloocan in conjunction with the First Montana Infantry 
and the Third U. S. Artillery (acting as infantry). The left was pro- 
tected by two companies of the First Idaho Infantry, and the line re- 
enforced by two guns each from the Sixth U. S. and Utah Light Artillerj-. 
After a half hour's shelling of the town by the fleet the advance began 
gradually swinging to the right. The enemy was rapidly driven through 
and beyond the town, where our line was halted and formed for the night. 
On the day following (February 11), position was taken about one-half 
mile beyond Caloocan church, and entrenched, where the regiment lay in 
the face of an almost continuous fire from the enemy until the evening of 
JIarch 24, wlien it was moved to LaLoma church, about a mile to the 
southeast. 

March 25, at 6 :30 A. M., the advance began— the Twentieth Kansas 
in the center of the brigade line — the entire division gradually swinging 
to the left until stopped by the Tuliajan River, where the enemy was 
strongly entrenched on the north bank. A crossing under the enemy's 
fire was finally accomplished bj' each company of the second and third 
battalions in its own front, company E, under command of Captain 
William J. Watson, meeting with especially strong resistance. The insur- 
gents were driven from their position with heavy loss. The entire regi- 
ment had crossed to the north bank at about nine o'clock A. M. At seven 
o'clock A. M. the following day (26th) the command moved forward with 
little resistance from the enemy. On the 27th, shortly after noon, com- 
panies H and I were called into action on the left of the road, engaging 
the enemy across the Marilao River. Being unable to dislodge the enemy, 
the regimental commander, with one platoon of Company C, crossed the 
river on a raft and attacked the enemy in the rear, capturing twenty- 
eiglit prisoners and rifles, in addition to a large number of killed and 
wounded. This platoon returned and the command moved down and 
crossed at the town of Marilao, where an attack by the insurgents was met 
and the enemy driven beyond the Santo ^laria, Bigaa and Gniguinto 
rivers. Just north of the Guiguinto River the advance was checked by a 
spirited fii-e from the enemy. A line was formed, and, after a sharp 
action lasting twenty minutes, the fire of the insurgents was checked. 

On March 30, at about 2 :30 P. M., tlie advance was continued, with 
th(> first biittalioii in sup]>ort, to th(> main road leading into ^lalolos, 
where iTMst;iiico lioiiiir met witli, the line was linlted for the iiiglit. On 



KANSAS AND KANSANS 913 

the 31st the regimeul, ou tlie right of the brigade, advanced on the city 
of Malolos. Colonel Funston, with a small detachment of Company E, 
pushed forward in front of the command, and was the fii-st to enter the 
public square of the city, meeting but slight resistance. A line was estab- 
lished about one mile north of Malolos, where the command rested. 

April 25, active operations were again renewed, and the Twentieth 
Kansas, in conjunction with the First Montana, moved against the in- 
surgent entrenchments north of the Bagbag River. After a spirited shell- 
ing of the enemy's works by the armored train from a position one-half 
mile away. Company K, under command of Captain Boltwood, advanced 
rapidly to the river and drove the enemy from their position. On the 
26th the advance was renewed until opposite the town of Calumpit. An 
incessant firing was maintained for the remainder of the day and a part 
of the 27th. It being too costly to force a passage of the river at the rail- 
road, the regimental commander, with forty-five men from various com- 
panies, crossed the river one-fourth of a mile below the railroad bridge 
and attacked the enemy in the rear, driving them from their position. 
The remainder of the Twentieth Kansas, with the Montana regiment, 
crossed at the i-ailroad bridge, and the insui'gents were rapidly driven 
northward through the town of Apalit. where the regiment halted until 
May 4. 

On the morning of May 4 the Twentieth Kansas and First Montana 
marched north along the railroad. At about nine o'clock A. JI. the third 
battalion, leading the advance, encountered the enemj' entrenched on the 
north bank of the Santo Tomas River, and promptly engaged them. 
Company H, supporting a battery of one Ilotchkiss and one Gatling gun, 
deployed on the right of the railroad, and later Company C deployed to 
the right of H. Company H running out of ammunition, was relieved by 
Company I. Company D advanced along the line of the railroad, firing 
on the enemy to the left. After a sharp engagement of an hour's dura- 
tion, the insurgents retreated to their entrenchments north of Santo 
Tomas station and made a determined stand. Companies C, D and I 
crossed upon the broken railroad bridge, and, reenforced bj' companies G 
and E, of the second battalion, charged the enemy and drove them from 
the field. The regiment rested at Santo Tomas. 

On May 6 the command occupied San Fernando. On the evening of 
May 8 the outposts were attacked by the enemy in force, who were driven 
off after an hour's engagement, in which companies B, C, D, H, I and M 
took part. On ^lay 24, at 8 :30 A. M., the regiment moved out under the 
command of Ma.ior Wliitman to attack the enemy north of SaJi Fernando, 
the third battalion being left in reserve. The first and second battalions 
made a detour to the right under cover of the woods, and arrived within 
150 yards of the enemy before being discovered. The first battalion, con- 
sisting of companies A, B, and L, deployed, and attacked the enemy in 
front. The second battalion, companies E. G. K, and M, deployed at 
nearlj- right angles with the trenches and pushed the enemy in a southerly 
direction along the trenches, completely routing and driving them from 

Vol. n— 21 



914 KANSAS AND KANSANS 

the field iu disordei*. The first battalion followed the enemy through and 
beyond Baeolor. 

May 25, at six o'clock A. M., General Funston, with a reconuoitering 
party consisting of companies D, H, and one platoon of I, and two com- 
panies of the First Montana, marched through Baeolor to Santa Rosa, 
engaging the enemy in a skirmish of about an hour's duration. Having 
accomplished the object of the movement, he returned to San Fernando 
at four P. M. At this hour, our outposts being threatened on the north, 
companies A, B, C, D, E, F, G, I, and K, sent out to reinforce, engaged 
the enemy and drove them north beyond Calulit our forces retiring to 
that point. On the morning of May 26 the outposts being attacked, com- 
panies B and F reenforced company L and drove off the enemy. Until 
the 16th of June the outposts were quiet, although rumors of an attack 
on San Fernando caused extra vigilance to be observed. 

On the morning of June 16 a large body of insurgents attacked the 
Kansas and Montana lines, the assault extending around the city. Com- 
panies D and G wei-e on duty at the outposts, and were promptly reen- 
forced by companies C and H, followed shortly by the entire regiment. 
Companies C and E, under command of Major Bishop, moving under 
cover of a strip of timber, surprised a body of insurgents, and, moving 
by the left flank, drove them to the west and north in the gi-eatest dis- 
order, killing and wounding a large number. After an engagement last- 
ing an hour the enemy retreated, having suffered a heavy loss. The forces 
at San Fernando were again attacked during the night of June 22, the 
firing beginning on the east side of the city. It was heavy for a time, 
but by the time it reached the Twentieth Kansas it became half-hearted 
and was easily repulsed. 

On June 24 the first and third- battalions, and on the 25th the second 
battalion, were returned to Manila, having been on the firing line since 
February 4 — 140 days. Those had been days of hardship and misery, 
beneath a tropical sun, whose intense rays beat down on the heads of the 
struggling lines as they fought their waj^ forward across marshy rice- 
fields, through stagnant pools and over innumerable rivers, and through 
almost impassable bamboo jungles ; it was a period of constant discomfort. 
Yet, with all this, every duty was cheerfully performed. The first and 
third battalions were quartered at the "Cuartel de Espana," and the 
second battalion at the "Cuartel del Fortin," where they remained, per- 
forming provost duty, until the 12th of July. On this dat€, companies C, 
D, H, and I, constituting the third battalion, were moved to Paranaque, 
and there reported to General Lawton, relieving a detachment of the 
Fourteenth U. S. Infantry. This battalion remained performing duty at 
this station until August 9, at which date the.y were marched back to 
Manila and a.ssigned to the "Cuartel de Espana." 

The foregoing sketch has made no reference to the losses that the regi- 
ment suffered. During those days of constant fighting the regiment suf- 
fei-ed a loss of 3 ofificers and 30 enlisted men killed and 10 officei*s and 120 
enlisted men wounded. The entire loss of the regiment by disease was 
35 enlisted men. During that period on the firing line the regiment 



KANSAS AND KANSANS 915 

always advanced, driving the enemy before them — never making a retro- 
grade movement. 

On the 2nd of September, 1899, the regiment embarked on the United 
States transport Tartar, and sailed out of ]\Iauila Bay on September 3, at 
5 :30 P. ]M., arriving at Hong-Kong on the morning of September 6, and 
remaining at this port until the afternoon of September 14. On this 
date the Tartar sailed by way of ilaji and the Inland Sea to Yoko!iama, 
arriving on the evening of the 20th. On the morning of the 25th the 
transport sailed for San Francisco, reaching that port on the evening of 
October 10. 

On the morning of the 11th the regiment disembarked and marched to 
camp at the Presidio, and on the 28th of October was mustered out and 
discharged from the service of the United States. 

On the 3rd of November, at Topeka, a reception was extended to the 
members of the regiment by the people of Kansas, who came in vast 
numbers from all quarters of the state to do honor to the brave boys who 
had added a new luster to the name of Kansas. 

The Twenty-first Kansas Volunteer Infantry was organized and mus- 
tered into the United States service at Topeka, Kansas, on May 12-14, 
1898. As indicated by the muster-out rolls, the several companies were 
recruited at points indicated below : 

Company A, Great Bend, May 14, 1898. 

Company B, Garden City, Dodge City, and Larned, May 14, 1898. 

Company C, Wichita, May 12, 1898. 

Company D, Smith Center, May 14, 1898. 

Company E, Hutchinson, May 12, 1898. 

Company F, Wiufield, May 13, 1898. 

Company G, Osage City, May 13, 1898. 

Company H, El Dorado, May 13, 1898. 

Company I, Hays City, May 14, 1898. 

Company K, Kingman, May 14, 1898. 

Company L, Wellington, May 14, 1898. 

Company IM, Marion and McPherson, May 13, 1898. 

On the 17th of May, 1898, the regiment left Topeka by rail for 
Lysle, Georgia, where it went into camp at Camp George H. Thomas, 
and remained at that station until August 25, 1898. During the time 
spent at this camp, the regiment was given constant and thorough 
military instruction, and soon became a well-disciplined body of troops: 
and the officers and men waited anxiously for orders that would take 
them into active field service. Much sickness prevailed in the regiment 
during this time, and the twenty deaths from disease that the regiment 
suffered were nearly all at this camp, and from typhoid fevei-. 

On August 25 the regiment was moved by rail to Camp Hamilton, 
Kentucky, arriving there on the 26th. The regiment remained at this 
station until September 25, 1898, on which date it was ordered to pro- 



KANSAS AND KANSAXS 



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KANSAS AND KAXSANS 917 

eeed to Fort Leavenworth, Kansas, preparatory to the muster-out of 
the regiment. 

Arrived at Fort Leavenworth September 27, and immediately went 
into camp. On the succeeding day the regiment was furloughed for 
thirty days. This furlough was extended to November 10, 1898. 

The regiment was mustered out and discharged from the United 
States service on December 10, 1898. 

This regiment was made up of sturdy material, well officered, and it 
is a source of regret to officers and men that they were not given an 
opportunity to demonstrate their efficiency in the field. 

The companies constituting the Twenty-second Kansas Volunteer 
Infantry were made up from the local county and the counties adja- 
cent to the several recruiting stations designated below: 

Company A, at Parsons. 
Company B, at Concordia. 
Company C, at Beloit. 
Company D, at Holtou. 
Company E, at Emporia. 
Company F, at Columbus. 
Company G, at Norton. 
Company H, at Emporia. ^ 
Company I, at Clay Center. 
Company K, at Seneca. 
Company L, at Atchison. 
Company ^M, at Blue Eapids.^ 

Immediately after organization the various companies proceeded 
by rail to Topeka and went into quarters at Camp Leedy, where the 
men of each company were re-examined and mustered into the service 
of the United States, on the several dates from May 11 to 17, inclu- 
sive, for a period of two years, unless sooner discharged. 

The regiment remained at Camp Leedy until May 25, when it broke 
camp and proceeded by the Missouri Pacific and Baltimore & Ohio 
railways to Camp Alger, Virginia, where it arrived May 28. While 
at Camp Alger the War Department directed the regiment to be 
recruited to a maximum of 106 enlisted men to each company. For 
this purpose a limited number of officers were obtained to fill the 
regiment to its maximum strength of 1,272 enlisted men. 

After a little more than two months of incessant drill and other 
military instruction necessary to fit recruits for active service in the 
field, the regiment marched from Camp Alger to Thoroughfare, Vir- 
"inia, a distance of about fifty miles, camping l)y way at Burke's Sta- 



1 Companv II was known as the "College Company," and was made 
up of students of the State Normal School, the State University, and the 
State Agricultural College and Washburn College. 

-A majority of Company M were from ^lanhattan. 



918 



KANSAS AND KANSANS 






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tion, Bull Run, and Bristow, arriving at Thoroughfare on August 9. 

On August 27 the regiment was again moved, by rail, to Camp 
Meade, near Middletown, Pa., and on September 9, from theuee to 
Fort Leavenworth, Kansas*. 

At Fort Leavenworth the regiment was furloughed for thirty days, 
preparatory to being mustered out of the service. The regiment was 
mustered out and discharged on November 3, 1898. 

The Twentj'-seeond Kansas was composed largely of farmers' sons, 
with a liberal percentage of young men from the various institutions 
of learning of the state. With such material, had the exigencies of 
the service called the regiment to the field, its record would not have 
discredited the fair name of the state it represented. 

The Twenty-third Kansas Volunteer Infantry was a two-battalion 
organization, of eight companies, and was composed entirely of col- 
ored men. Lieut.-Colonel James Beck commanded the regiment dur- 
ing its term of service. The membership was well scattered through 
the towns in the eastern part of the state. A majority of each com- 
pany was recruited in the vicinity of the towns specified below; the 
date given is the date of the muster-in of each company : 

Company A, Topeka, July 2, 1898. 

Company B, Lawrence, July 5, 1898. 

Company C, Kau.sas City, Kan., July 9, 1898. 

Company D, Fort Scott, July 9, 1898. 

Company E, Wichita, July 14, 1898. 

Company F, Parsons, Coffeyville, arid Fort Scott, July 16, 1898. 

Company G, Kansas City, Kan., July 16, 1898. 

Company H, Atchison, July 19, 1898. 

The regiment broke camp at Topeka on August 22, 1898, and pro- 
ceeded to New York by rail. 

It sailed from New York on August 25, on the steamer Vigilancia 
for Santiago, Cuba, arriving there August 31, 1898. The regiment 
proceeded immediately by rail to San Luis, reaching that point on 
September 1. Hostilities ha-\ang ceased, the duties which devolved 
upon the regiment, though arduous, were of a peaceful character. 
Excellent discipline was maintained and all duties were cheerfully and 
faithfully performed. 

The regiment camped in the vicinity of San Luis until February 
28, 1899, when it proceeded by rail to Santiago, where it embarked 
on the steamer Minnewasha, on March 1, 1899, and sailed for New- 
port News, Virginia, arriving there March 5, 1899. 

On March 6 the regiment proceeded by rail to Fort Leavenworth, 
Kansas, reaching that point on the 10th of same month. The regiment 
was mustered out on April 10, 1899. 

The Twenty -third Kansas was an organization that soon became 
thoroughly drilled and maintained at all times excellent discipline. The 



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KANSAS AND KANSANS 921 

officers were all men of iutelligeitee, and the enlisted men obedient and 
prompt in the pcrformanee of all duties required of them, and the regi- 
ment received the commendation of the officers under whose command 
it served. The state of Kansas may be well proud of the record of 
the Twentv-third Kansas. 



SPECIAL ARTICLES 



THE LECOMPTON MOVEMENT 
By Ralph R. Price 

The Kansas-Nebraska Bill gave to the new territory of Kansas more 
notoriety than any other territory that has ever been organized. The 
territorial struggle of "bleeding Kansas" kept the name prominently 
before the eyes of the nation. The bountiful crops of sunny Kansas 
have become known throughout the world. Prairie fires and blizzards, 
drouths and floods and grasshoppers, boom-times and hard-times have 
each in turn advertised Kansas. Kansas sent more soldiers to the Union 
army than she had voters when Sumter fell. A larger per cent of her 
citizens joined the Union army than of any other state or territoiy. After 
the Civil war, Kansas became distinctly the soldier state of the Union. 

Kansans believe they are of a superior race — a select people. The 
Puritans sought the new world to gain privileges for themselves: but 
the Kansans were missionaries — crusaders who conquered both nature 
and the pro-slavery powers in order to give to the world a new, free 
commonwealth. Kansans feel that they have a reputation to uphold 
wherever they may go. 

In short, Kansas has been more advertised than any other state that 
ever entered the Union. She also had more constitutions than any other 
territory that ever sought statehood. Verily her struggle "to the stars" 
was ' ' through diiBculties. ' ' The slave-holding interests regarded Kansas 
as the last possible chance they would ever have of gaining one more slave 
state to counterbalance California which had given to freedom a majority 
of one state in the United States Senate. 

From many points of view, the most important phase of the struggle 
over the admission of Kansas to statehood was the contest waged both in 
Congress and in Kansas over the notorious Lecompton constitution. In 
order clearly to understand this Lecompton movement, we need to recall 
certain pertinent preceding facts in our national history. 

We recall the acrimonious contest over the annexation of Texas ; and 
when we note the significant fact that the admission of Texas gave the 
slave power a majority of two states in the United States Senate, together 
with the fact that Texas was the last slave-state ever admitted, we appre- 
ciate more clearly the reason for the contest over its admission. This 
was in 1845. Then came the admission of Iowa in 1846, and of Wisconsin 
in 1848. The two sections were now equally balanced. The admission of 
California in the Compromise of 1850 gave the free North a majority of 
one, for the first time since the Missouri Compromise of 1820. 

Kansas was the next territory to apply for statehood. If admitted as 
925 



926 KANSAS AND KANSANS 

a slave state, the balance in the United States Senate would be held equal, 
and the southern minority would here still have a check on what they 
chose to call "the tyranny of the [northern] majority." The South felt 
that they must have Kansas in order to protect themselves in the United 
States Senate. Moreover, the southern boundary of Kansas is farther 
south than any other free state, while the northern boundary of Kansas 
is almost identical with the original Mason and Dixon line. Hence, the 
South thought that Kansas .should of right be theirs. On the other hand, 
Douglas believed that slavery would never flourish in Kansas sufficiently 
to make Kansas a slave state. 

Kansas was organized as a territory by the famous Kansas-Nebraska 
Bill, which became law by the signature of President Franklin Pierce on 
May 30, 1854. Stephen A. Douglas is the one man who, more than any 
other, secured the passage of this bill. His home was in Chicago, Illinois. 
For years he had wished to convert the western Indian countrj^ into an 
organized territory in order to induce settlers to move into this promising 
region, and thus build up the great Northwest. More recently he had 
come to desire specifically to secure the organization of this territory in 
order to promote the building of a railroad from Chicago to the Pacific. 
The most important rival for this Pacific road was a group of shrewd 
southern men, of whom Jefferson Davis was a leader. These men wished 
a southern road, built in part at national expense. The promoters of this 
southern route had won a marked victory in securing the annexation of 
Texas in 1845. They won again in securing the organization of the Terri- 
tory of New Mexico in 1850, together with the admission of California to 
statehood. The climax of their victories from the standpoint of their 
railroad scheme was the Gadsden Purchase, in 1853. Thus by 1854 they 
had secured a very desirable route through a region already organized 
into states and territories. 

In order to secure the consideration of a railroad from Chicago west 
to the Pacific, Douglas must first transform into an organized territorj- 
the vast Nebraska region, now occupied by Indians, but through which 
his road was to be built. Moreover, since the Gadsden Purchase of 1853, 
it was evident that there was need of haste in organizing this northern 
territory or the southern road would soon be built. The chief opposition 
came from the South. This was partly because of the South 's own rail- 
road plans. Chiefly, however, the South opposed the organization of this 
noi-them Nebraska Ten-itoiy because to organize this territory would 
be the first step toward the admission to statehood of a region forever 
devoted to freedom by the Missouri Compromise of 1820. 

Certain southern statesmen, chief of whom were Jefi'ei'son Davis and 
Senator David R. Atchison, of Missouri, made it clear to Douglas that 
they would never agree to the organization of this Louisiana Territory 
north of 36° 30' unless the IMissouri Compromise were repealed, and this 
territory opened to popular sovereignty. Now it happens that Senator 
Douglas thoroughly believed in the principle of popular sovereignty. He 
had a westerner's confidence in the ability of the people to decide their 
own questions for themselves. He believed this was a sound principle of 



KANSAS AND KANSANS 927 

popular, democratic government. As a matter of fact, he believed slavery 
to be forever excluded from Kansas by the law of nature, and in this 
events proved him to be right. Moreover, this was the very principle 
that had been applied in New Mexico and Utah, the last territories to be 
organized. In fact, Douglas had himself written the popular sovereignty 
clauses in the bills that organized these latest territories. He now incor- 
porated the very same clause in the Kansas and Nebraska bills. The 
Compromise of 1850 had been quite universally accepted. It had allayed 
the slavery storm — had taken this vexatious slavery question out of 
national polities and had relegated it as a mere local issue to be settled 
by the people in New Mexico and Utah, where it had actually worked 
for the interests of freedom. Why should not the same clause work like- 
wise in Kansas 1 

It has been asserted that Douglas was looking to the presidency. He 
was, and justly so. In-so-far as this fact entered into the Kansas- 
Nebraska Bill, he thought the principle of popular sovereignty would 
eliminate from national politics a vexatious and troublesome issue, and 
would transform slavery into a merely local issue with which a candi- 
date for President would not need to concern himself. Otherwise, he 
must face this issue in his national activities, including his race for the 
presidency. The one interesting fact that the free-state settlers of 
Lawrenee, Kansas, named their county Douglas would at least suggest a 
refutation of the charge that Douglas became the special champion of 
slavery. 

He repeatedly declared that personally he did not care wh-ether 
slavery were voted ivp or voted down in Kansas. "We recall that while 
Douglas was a New Englander by birth, he was a westerner by education, 
and a southerner by annexation — he had married a southern woman who 
fell heir to a large number of slaves. Moreover, Douglas represented a 
state that was divided on the question of slavery, the state where Senator 
Thomas, author of the Missouri Compromise, had lived. Once more we 
recall Douglas' conviction that slavery was really excluded from Kansas 
by the law of nature — that by a fair application of the principle of 
popular sovereignty this territory would never become a slave state. In 
this he was right. Few slaves ever came to Kansas. To apply the prin- 
ciple of popiilar sovereignty here would be to give the South every chance 
they could ask, while the ultimate victory would be with the North. 

Thus it happened that Douglas acceded to the southern demands, 
repealed the Missouri Compromise, and organized the territories of 
Kansas and Nebraska on the principle of popular sovereignty. But 
Kansas was not left to a natural growth, nor a fair application of the 
principle of popular sovereignty. The North at once started a crusade 
"to make the West . . . the homestead of the free." And, as 
already noted, this was the ' ' last ditch ' ' for the slave forces. Here they 
made their last stand. They recognized a state of war, and used every 
means to secure a victory. 

In the fir.st election held in the new Territory of Kansas, and again 
in the second, the slave interests used notoriously fraudulent methods to 



928 KANSAS AND KANSANS 

carry the elections, and thereby gained control of the new territorial 
government. In the first election, held November 29, 1854, for the elec- 
tion of a delegate to Congress, John W. "Whitfield, the pro-slavery candi- 
date was elected by a vote of 2,258 out of a total vote of 2,833 ; but it 
was estimated that 1,729 of the votes east for him were fraudulent. So, 
in the election of the Legislature, March 30, 1855, pro-slavery hordes 
came over the border from Missouri, and out of a total vot€ of 6,307 the 
pro-slavery party cast 5,427, and of these it was estimated that 4,908 were 
illegal. Thus popular sovereignty was utterly discredited, for this fraud- 
ulently elected government in Kansas was recognized and supported by 
the National Government. Under these circumstances, in order to free 
themselves from the fraudulent pro-slavery dominance, the free-state 
settlers in Kansas determined to prepare a constitution and apply for 
statehood without waiting for the usual enabling act from Congress. 
This movement was led by Dr. Charles Robinson, who had participated 
in a similar movement in California after the inrush there of the "Forty- 
niners." The result was the Topeka constitution. This was, of course, 
the act of the free-state people alone, and was without any formal, legal 
sanction. Nevertheless, when sent to Congress, the House of Representa- 
tives was willing to accept this Topeka constitution, thus admitting 
Kansas to statehood, but the Senate rejected it. The next step in pre- 
paring a constitution for Kansas was taken by the pro-slavery party, 
and is known as the Lecompton movement. 

After the fraudulent election of the first legislature in October of 
1855, the free-state party had refused to take part in the election of the 
second legislature, in October of 1856. This legislature, thus controlled 
by slave interests, now determined to call a convention to frame a state 
constitution. Governor Geary vetoed the measure, but it was passed over 
his veto. The persistent action of the pro-slavery faction finally led to 
the governor's resignation, March 4. 1857, the day on which Presi- 
dent Buchanan was inaugurated. The new President appointed 
Robert J. Walker, of Mississippi, as governor, and Frederick P. Stan- 
ton, of Tennessee, as secretai\v of Kansas. Walker was a man of 
unusual ability, fearless, and fair minded. He had served as United 
States senator, and had been secretary of the treasury under Polk. 
Before accepting the arduous task of governor of Kansas, he had secured 
the positive assurance from President Buchanan that any constitution 
prepared in Kansas should be fully submitted to the people of the terri- 
tory for a fair vote. 

The election of delegates to the Lecompton convention was held June 
15, 1857. Though Governor Walker urged all to pai'ticipate in this elec- 
tion, the free-state men still refrained from voting; so that out of the 
very defective registration of 9,251 voters, not more than 2,200 east their 
ballots. This vote revealed the fact that the free-state men were now in 
a clear majority in the territory, and that hereafter they would certainly 
control any election that might be fairly held. 

The election of the next legislature occurred October 5th and 6th of 
this same year, 1857. Governor Walker gave his positive assurance that 
tills election should be fairly conducted, and both parties now took part, 



KANSAS AND KANSANS 929 

with the result that a free-state majority was elected to each house of the 
new legislature. Meanwhile, the convention had assembled at Lecorapton 
in September, but had adjourned till after this election. They now re- 
assembled on October 19th, and continued in session till November 7th, 
conscious of the fact that they did not at all represent the majority of 
the voters now in the territory. 

The constitution produced by this convention raised a stonn of pro- 
test both in Kansas and in the nation at large, but especially in the 
national Congress. It provided for the return of fugitive slaves by the 
civil officers of the proposed state. The twenty-third section of the bill 
of rights read, ' ' Free negroes shall not be permitted to live in this State 
under any circumstances." We note that this is almost identical with 
the objectionable section in Mi-ssouri's constitution of 1820. The seventh 
article of the Leeompton constitution was entirely devoted to the subject 
of slavery. It provided that ' ' The right of property is before and higher 
than any constitutional sanction, and the right of the owner of a slave 
to such slave and its increase is the same, and as inviolable as the right 
of the owner of any property whatever. ' ' In the second section it pro- 
vided that "The legislature shall have no power to pass laws for the 
emancipation of slaves without the consent of the owners, or without 
paying the owners previous to their emancipation a full equivalent in 
money for the slaves so emancipated. They shall have no power to pre- 
vent emigrants to the State from bringing with them such persons as are 
deemed slaves by the laws of any one of the United States or Territories, 
so long as any person of the same age or description shall be continued 
in slavery by the laws of this State." Section three provides that "In 
the prosecution of slaves for crimes of higher grade than petit larceny, 
the legislature shall have no power to deprive them of an impartial trial 
by a petit jury." Section four reads, "Any person who shall maliciously 
dismember or deprive a slave of life shall suffer such punishment as 
would be inflicted in case the like offence had been committed on a free 
white person, and on the like proof, except in case of insurrection of 
such slave." 

The Leeompton convention, before it adjourned, provided that the 
vote on this constitution should be taken December 21, 1857. It further 
provided that at this election "The constitution framed by this conven- 
tion shall be submitted to all the white male inhabitants of the territory 
of Kansas in the said Territory upon that day, and over the age of 
twenty-one years, for ratification or rejection, in the following manner 
and form : The voting shall be by ballot. The ballots cast at said election 
shall be endorsed, 'Constitution with slavery,' and 'Constitution with no 
slavery.' " It further provided that "If upon examination of the poll- 
books, it shall appear that a majority of the legal votes cast at said elec- 
tion be in favor of the 'Constitution with no slaverj', ' then the article 
providing for slavery shall be stricken from this constitution by the' 
president of this convention, and slavery shall no longer exist in the State 
of Kansas, except that tlie right of property in slaves now in this Terri- 
tory shall in no mannci- he interfered with." It should be noted that 



930 KANSAS AND KANSANS 

the clause providing for the return of fugitive slaves and the clause 
excluding free negroes from the state were not "in the article providing 
for slavery." Moreover, the constitution was not to be amended until 
' ' after the year one thousand eight hundred and sixty four. ' ' 

Under the rule provided by the Lecompton convention, there wa.s no 
legal method of voting against the entire constitution, therefore the free- 
state party refused to vote at the election on December 21, 1857. At this 
election, 6,226 votes were cast for the constitution with slavery, and 569 
for the constitution without slavery. Of those for slavery, it is now 
known that 2,720 were fraudulent. This leaves but 3,506 legal votes 
for this constitution with its slavery provisions. 

Lleanwhile, Governor Walker went to Washington to protest to the 
President against the action of the convention in refusing to submit the 
whole constitution to the people for a fair vote. He now found the 
President opposed to him, and hence he resigned. The significant fact 
may here be noted that every governor had come out to Kansas rather 
inclined to favor the pro-slavery party, but every one of them had been 
driven to oppose the slave element after coming into contact with the 
actual conditions in the ten'itory. 

After Governor Walker left the territory. Secretary Stanton called 
a special session of the newly elected legislature, in which, it will be 
remembered, the free-state party had a clear and rightful majority. This 
legislature now called a special election for January 4, 1858, at which 
the Lecompton constitution was to be submitted to the people for a free 
vote for or against the whole document. At this election, the pro- 
slavery party, in turn, refrained from voting. There were 10,226 votes 
cast against the constitution, and 162 in its favor. In other words, there 
had now been 3,506 legal votes cast for this constitution with slavery, 
and 10,226 against the whole constitution. Evidently the people of 
Kansas did not want this constitution. In the face of all this, on 
February 2nd President Buchanan sent this constitution to Congress with 
the recommendation that Kansas be admitted to statehood under it. 

Concerning the whole Lecompton movement, the historian Rhodes 
says: "It was a shallow and wicked performance, worthy perhaps of a 
border-ruffian convention, representing only 2,200 voters; but it Ls 
astounding when we know there is reason to believe that the plan ema- 
nated from Southern politicians of high position at Washington." 

These Southern politicians, together with President Buchanan, seem 
originally to have been willing that the whole constitution to be framed 
in Kansas should be fairly submitted to the voters of that territory. 
But when they learned that by the refusal of the free-state men to 
take part in the election, a pro-slavery constitutional convention had 
been elected these wiley Southern politicians evolved the scheme 
of having this convention not only make but also promulgate the consti- 
"tution for the new state without submitting it to any popular vote, and 
they seem to have won the President over to their scheme body and 
soul. When these pro-slavery delegates, at this rump convention spoke 
for "a community which was overwhelmingly in favor of a free state 



KANSAS AND KANSANS 931 

. . . they were obedient to the instructions which had been brought 
to them from Washington. ' ' Buchanan probably did not originate this 
scheme, but rather fell a victim of the schemers. Lewis Cass, Buchanan 's 
secretarj' of state, did not approve the Lecompton scheme, but he did 
not come out openly and oppose it. 

In contrast to both Buchanan and Cass, we have the heroic and- 
positive stand of Stephen A. Douglas, who was a recognized leader of 
the strong Democratic party which was then in power at Washington. 
Well does the historian Rhodes say of him that no Democrat but one of 
rare courage and indomitable energy would have set himself in opposition 
to this partj^ at this time. As soon as Douglas learned of the Lecompton 
scheme he immediately let it be known that he would definitely oppose 
the move. He hastened to AVashington, where in a stormy scene he 
definitely broke with the President, though of his own political party. 
On December 9th, after the President had sent his message to Congress, 
suggesting the admission of Kansas under the Lecompton constitution, 
Senator Douglas made a definite and outstanding speech against this 
movement. In this speech he said that the Lecompton convention had 
declared "All men in favor of the constitution may vote for it — all 
men against it shall not vote at all. Why not let them vote against it?'' 
he continued, "I have asked a very large number of the gentlemen who 
framed the constitution, quite a number of delegates, and a still larger 
number of persons who are their friends, and I have received the same 
answer from every one of them. . . . They say if they allowed a 
negative vote, the constitution would have been voted down by an over- 
whelming majority, and hence the fellows shall not be allowed to \oU 
at all. ' ' Again he declared : "If Kansas wants a slave-State constitu- 
tion, she has a right to it ; if she wants a free-State constitution, she has 
a right to it. It is none of my business which way the slavery clause 
is decided. I care not whether it is voted down or voted up. ' ' He did, 
however, insist most decidedly that the people's wish should be freely 
and fairly applied in Kansas. He declared the Lecompton scheme to be 
"a trick, a fraud upon the rights of the people." The break between 
Douglas and the President was complete. 

On the 2nd of February President Buchanan sent to Congress the 
Lecompton constitution with the positive recommendation that Kansas 
be admitted under that organic act. The historian Rhodes keenly sum- 
marizes the message in these words: "It is determined by the slavery 
propaganda that Kansas shall be a slave State. There is now one more 
free than slave State in the union, and Kansas is needed to restore the 
equilibrium. To make it a slave State by fair means is impossible. We 
have now a chance to make it one under the color of law, and this 
opportunity we are going to use to the best of our ability. " The struggle 
between the President and Douglas, between the administration forces 
who were trying to force the Lecompton constitution on Kansas, and 
the anti-slavery men who were trying to defeat this fraudulent scheme, 
now engrossed the attention of both houses of Congress. In the debate 
on the bill, "the argument on one side was bare technicality, and on 



932 KANSAS AND KAXSANS 

the other, justice." The excitement over this question at Washington 
was very great. The political atmosphere was highly charged. Con- 
gressmen even came to blows over the issue. The administration used 
every po.ssible means to defeat Douglas and secure the admission of 
Kansas under this constitution. 

The United States Senate, on the 23rd of Jlareh, by a vote of 33 to 
25, passed a bill to admit Kansas under the Lecompton constitution. 
The House, on the other hand, on April 1st, by a vote of V20 to 112, 
provided that the constitution should be submitted once more to the 
people of Kansas for a popular vote; if accepted, that Kansas should 
be admitted accordingly ; but if re.iected, that a new territorial conven- 
tion should be called to frame another constitution. The two houses were 
in a deadlock. On request of the Senate, a conference committee was 
appointed. On April 23rd, this committee, through its chairman, 
William H. English, reported a new bill, known as the English bill. 

Senator Douglas, after some hesitancy, took a definite stand in oppo- 
sition to this bill, but it was passed by a close vote in each house of Con- 
gress. This act has been called the "English Swindle," and "Lecompton. 
Junior." It has been spoken of as "a bribe and a threat." A modern 
historian of good repute states that: "The measure offered Kansas 
a large grant of government lands, and provided that the proposition 
should be voted on by the people of Kansas. If a majority voted for 
acceptance, Kansas should be admitted into the Union under the Lecomp- 
ton constitution by proclamation of the President. If the people rejected 
the offer, then the territory could not be admitted as a State until its 
population reached the number required for a representative. It was 
in effect a bribe of land to induce the people to accept the Lecompton 
Constitution." 

The time has come when the simple truth with regard to this much 
maligned English bill should be fairly stated. By this act Congress did 
submit the Lecompton constitution to the people of Kansas for a fair 
vote. At the same time it proposed a new land ordinance. These two 
propositions were inseparably combined, the ballots reading either ' ' For 
proposition of Congress and admission," or, "Against proposition of 
Congress and admission." This English bill also provided the only 
enabling act that Kansas ever had. This is the part that has been referred 
to as "a threat." It was couched in the following language, "Should the 
majority of votes be cast for 'proposition rejected,' it shall be deemed 
and held that the people of Kansas do not desire admission into the 
Union with said Constitution, under the conditions set forth in said 
proposition ; and in that event the people of said Territory are hereby 
authorized and empowered to form for themselves a Constitution and 
State Government, by the name of the State of Kansas, according to the 
Federal Constitution, and may elect delegates for that purpose whenever, 
and not before, it is ascertained, by a census duly and legally taken, 
that the population of said Territory equals the ratio of representation 
required for a Member of the House of Representatives of the United 
States." It is not clear that a territory' which has a smaller population 



KANSAS AND KANSANS 933 

than that required for each representative in the National Congress 
should be admitted to statehood with two senators and one representa- 
tive without some very unusual excuse. As a matter of fact, the con- 
gressional ratio at this time was 93,243, and in less than two years the 
population of Kansas was 107,206. Therefore, the "threat" as to popu- 
lation contained in the English bill was not very serious. It must be 
remembered that the question of slavery or freedom in Kansas had by 
this time been decided in favor of freedom. It was now a question 
whether Kansas should remain a territory till she had the population 
usually and fairly required for statehood. 

As to the charge of bribery in the proposed land ordinance, a rather 
full statement, with some comparisons, should be carefully made and 
considered before judgment is passed. As a matter of fact, the land 
provisions in the English bill are essentially identical with the provisions 
of the act under which Kansas was finally admitted to the Union, the 
one being phrased throughout in almost the identical words of the other. 
In each of them, Kansas was to be given "sections numbered sixteen 
and thirty-six in every to\vnship of public lands in the State for the 
use of schools," "seventy-two sections of land for a State University," 
"ten sections ... for public buildings," "all salt springs within 
the said State, not exceeding twelve in number, with six sections of land 
adjoining or as eontinguous as may be to each," [granted to the state, 
"for its use"], and five per cent of public lands lying within the state, 
sold by Congress, "shall be paid to the State for the purpose of making 
public roads and internal improvements, [here the act admitting Kansas 
in 1861 added the clause "or for other purposes,"] as the Legislature 
shall direct." The Lecompton convention had asked for the seventy-two 
sections for the state university, as granted in the English bill. It had 
asked for the five per cent from the sale of public lands, but had specified 
that two-thirds of the sum should be devoted to aiding in the building 
of railroads within the state and the "residue for the support of common 
schools." The convention had asked for "all valuable mines, together 
with all the lands necessary to their full occupation and use," in addition 
to the salt springs and adjoining lands. The latter only were to be 
granted under the English bill. It had asked for sections eight, sixteen, 
twenty-four, and thirty-six for common schools. The English bill reduced 
this by one-half. Finally, the said Lecompton convention had asked 
' ' That each alternate section of land now owned, or which may hereafter 
be acquired by the United States, for twelve miles on each side of a 
railroad to be established or located from some point on the northern 
boundary of the State, leading southerly through said State in the 
direction of the Gulf of Mexico, and on each side of a railroad to be 
located and established from some point on the Missouri river westwardly 
through said State in the direction of the Pacific ocean, shall be reserved 
and conveyed to said State of Kansas for the purpose af aiding in the 
construction of said railroad." Note that the English "bribe" did not 
grant any of this. The fact is that the English bill greatly reduced the 
amount of land asked for by the Lecompton convention, and offered 



93-t KANSAS AND KANSANS 

Kansas just what she finally received, when admitted to the Union in 
1861. 

The one item contained in the English bill that had not been asked 
for by the Lecompton convention was the ten sections of land for public 
buildings. In this connection it may be noted that the "Wyandotte 
convention asked for thirty-six sections for public buildings, and that 
the state actually received ten sections for this purpose. 

The vote under the English bill was taken in Kansas on August 2, 
1858. At this election, 11,300 votes were cast "Against proposition of 
Congress and admission," and onlj' 1,788 "For proposition of Congress 
and admission." Thus ended the attempt to force the Lecompton con- 
stitution on the people of Kansas contrary to their wish and conviction. 
This vote "effectually determined that slavery should not exist in 
Kansas." In fact, it practically determined that slavei-y should not 
exist even in the Territory of Kansas, for according to the census of 
1860 there were only two slaves in the territory by that date. 

Professor John W. Burgess, in a closing paragraph of his scholarly 
work. The Middle Period, referring to this Kansas struggle, says : ' ' With 
the rejection of the Lecompton constitution by the people of Kansas, 
on August 2nd, the struggle for Kansas was closed. It was to be a 
non-slaveholding Commonwealth and a Republican Commonwealth. The 
record of this struggle is certainly one of the most remarkable chapters 
in the history of the United States. . . . The prudence, moderation, 
tact and bravery of Dr. Robinson and his friends have rarely been 
excelled by the statesmen and diplomats of the New "World or the Old." 

While the Lecompton movement was still in progress, the new free- 
state Kansas legislatui'e, which had convened at Lecompton January 
4, 1858, and had pi-omptly adjourned to Lawrence, passed an act on 
February 10th calling a third constitutional convention for Kansas. The 
election for delegates was held March 9th, and the convention assem- 
bled at Minneola, in Franklin County, March 23rd. It soon adjourned 
to Leavenworth, where it prepared a free-state constitution, which was 
submitted to the people on May 18th, and received about 3,000 votes 
in its favor. It was sent to Congress, but never voted on by either 
house. 

The fourth, and last, convention to frame a constitution for Kansas 
assembled at Wyandotte July 5, 1859. Governor Aledary had, on March 
7th, issued a proclamation, calling an election "for or against holding 
a constitutional convention." The vote on this question, taken March 
28th, resulted in a total of 5,306 for a constitution and 1,425 against a 
constitution. At the election for delegates to this convention, held June 
7th, thirty-five Republican and seventeen Democratic delegates were 
chosen. Not a single member of this convention was bom in IMissouri, 
but fourteen of them were born in Ohio. The constitution prepared by 
this body was modeled closely after that of Ohio. In the election held 
October 4, 1859, there were 10,421 votes cast for this constitution, and 
5,530 against it. 

An examination of the census of 1860 reveals some interesting facts 



KANSAS AND KANSANS 935 

concerning the population of Kansas at this date. Out of a total popula- 
tion of 107,206, we find that while 65,914 were born in free states, only 
27,368 were born in slave states, and that 12,691 were foreign born. 
There were at this time 625 free colored people and two slaves in the 
territoiy. An examination of the states whence these Kansans came 
reveals the fact that 11,356 came from Missouri, and 6,556 from Ken- 
tucky, while 11,617 came from Ohio, 6,463 from Pennsylvania, 9,945 from 
Indiana, 9,367 from Illinois, 6,331 from New York, and 3,208 from all 
New England. 

It will be recalled that the split in the Democratic party, caused 
largely by the breach between Douglas and Buchanan over the Lecomp- 
ton movement, resulted in victory for the new Eepubliean party in the 
election of Lincoln to the presidency in 1860, which, in turn, pi-ecipitated 
secession and the Civil War. Now, the Wyandotte constitution, though 
promptly sent to Congress, and accepted by the House of Representatives, 
could not secure passage through the United States Senate until, on 
the 21st of January, when Jefferson Davis and other Southern senators 
withdrew from the Senate to go with their seceding states out of the 
Union. On this day, William H. Seward called up in the Senate the 
bill for the admission of Kansas, and it was promptly passed. It waa 
then re-passed by the House of Representatives, which had already 
passed it in the preceding Congress. The bill was signed by President 
Buchanan on January 29th, 1861, thus finally admitting the State of 
Kansas "to the stars," though it had been "through difficulties." 
Dr. Charles Robinson was inaugurated as governor of the new state on 
February 9, 1861. On this same day Jefferson Davis was elected pres- 
ident of the Confederate States of America by the Montgomery conven- 
tion. Thus verily the war begun in Kansas was extended to the whole 
nation. In this war, Kansas, in turn, did her full share. 

KANSAS LAWS AND THEIR ORIGIN 
By Hon. Robert Stone, op the Topeka Bar 

The beginnings of a government are an interesting study. The story 
of Kansas and her constitutions is a novel that grips and holds you to 
the end. You see the dusty thi-ongs gathering to hear Lincoln and 
Douglas debate squatter sovereignty. You hear the whispered conspiracy 
of the Washington politicians planning the betrayal of Kansas and 
Nebraska. You hear the stentorian challenge of Seward when the bill is 
passed in the Senate. 

Then the friends of freedom step upon the stage and the pioneers of 
New England mingle with those of New York, Pennsylvania, Ohio, Indi- 
ana and Illinois, crowding the trains and steamboats and filling the dusty 
highways with prairie schooners on their way to Kansas. Other settlers 
arrive from south of the Mason and Dixon line. Every town and village 
along the eastern border of the territory becomes a wayside stopping place 
for all sorts and conditions of men on their way to Kansas. Some come 
to make homes; others to seek adventure; all contribute in one way or 



936 KANSAS AND KANSANS 

auotlier to the pioueer life and activity of tlie new couutry. Teuts are 
pitched, log cabins and sod houses are built; tields are broken and 
planted; towns are platted; conventions are held. A new state is break- 
ing into history. 

Before the tinal admission of Kansas into the Union four constitu- 
tions were drafted and submitted to its voters. 

The Topeka Constitution, drawn in 1855, was the palladium of free 
government around which the free-state men rallied for three years of 
bloody contest. It was christened their " ' Blood Stained Banner. ' ' 

The Lecompton Constitution, drawn in 1857, was the instrument by 
which the pro-slavery advocates intended to permanently fasten slavery 
upon the real settlers of Kansas. It proved to be a rock on which the 
democratic party was split asunder and the election of Lincoln made 



The Leavenworth Constitution, drawn in 1858, was used as a counter 
to prevent the passage of the Lecompton Constitution. Its purpose was 
accomplished when the latter was defeated. 

The Wyandotte Constitution, drawn in 1859, is the beueticent instru- 
ment under which Kansas was admitted and its people have enjoyed 
such happiness and prosperity. 

From these fundamental instruments Kansas drew her laws. Upon 
them she founded her institutions. We shall see how these constitutions 
were made, and which were pregnant with principles of liberty and 
progress, and which reactionary with a tendency to barbarism. We shall 
see, too, with what discrimination Kansas rejected the bad even to the 
bloody issue, and how she chose the living principles which make for 
progress and liberty and freedom always. 

At this writing, June 30, 1917, when the blood of all nations is 
mingled on the fields of Prance to drown the hydra-heads of tyranny, 
the struggle of bleeding Kansas for freedom seems small. But it was the 
same issue between tyranny and liberty ; between force and law ; between 
truth and error. To each individual involved the decision was just as 
important as to the individuals in the larger struggle of today. It orig- 
inated in a conflict between slavery and anti-slavery. But that struggle 
was soon merged into the larger one of self government by the real set- 
tlers of Kansas. The Kansas-Nebraska Bill was signed by President 
Pierce May 30, 1854, and contained the provision, "When admitted as 
a state or states the said territory or any portion of the same shall be 
received into the Union with or without slavery as their constitution may 
prescribe at the time of their admission." This provision was supposed 
to give to the bona fide settlers of each of these states the right to deter- 
mine by the adoption of a constitution whether that state should be free or 
slave, and the right so given was called "squatter sovei'eignty. " After 
the passage of the act it was claimed, however, that there was a taeit un- 
derstanding that Nebraska was to be admitted as a free state and Kansas 
as a slave state. The North refused to recognize any such secret agree- 
ment, and not only came as individuals to make Kansas free but organized 
emigrant aid societies for that purpose. The South claimed that tliis 



KANSAS AND KANSANS 937 

was a repudiation of an agreement, and felt justified in using every 
means, including fraud and violence, to accomplish the enslavement of 
Kansas. 

The act itself made the whole contest center about the form of the 
constitution to be adopted, and the form of the constitution, of course, 
would depend upon the results of the election of delegates to a con- 
stitutional convention. The first election held in the territory was for a 
delegate to Congress, November 29, 1854. The pro-slavery candidate, 
AVhitfield, received 2,258 out of 2,905 votes east, but in precincts giving 
him the largest majority his vote alone was greater than the number of 
voters in the respective precincts as shown by the census taken shortly 
thereafter. For instance, at Doctor Chapman's he received 140 votes 
while the census gave only 40 voters. At ''110" he received 597, where 
the census gave only 53. At Marysville he received 237, where the census 
gave only 24 voters. He was, however, declared by the governor to 
be legally elected and received his certificate. 

The next election was to choose members of the first Territorial Legis- 
lature and was held- March 30, 1855. This election was of prime impor- 
tance because it was supposed that the Legislature would provide for the 
holding of a constitutional convention and prescribe rules for the election 
of delegates thereto. Nearly 1,000 Missourians came over to Lawrence 
to vote. They were fully ai-med and brought two cannon loaded with 
musket balls. They voted, as did other invaders, at most of the election 
polling places. The result was that the pro-slavery votes cast showed 
5,427 as against 791, although the census taken in January and February 
showed a voting population of only 2,905. 

Lawrence was founded by New England emigrants, who were all 
free-state men and yet the pro-slavery candidate, according to returns, 
received at that precinct 781 votes. Governor Reeder, who was sent to 
the territory as friendly to the pro-slavery interests, was so outraged at 
the fraud that he declared the election in this district void for irregu- 
larities and called a new election therein. But when the Legislature met 
in July it promptly seated the discredited candidate and petitioned the 
President to remove Reeder as governor. Their petition was granted by 
the President. The free-state men were put in a difficult situation. 
The Federal Government had shown its bias in the controversy by remov- 
ing Governor Reeder because he protested against fi-aud at the election, 
though another matter was given as the cause. The bogus Legislature 
had its credentials. If this Legislature should call a constitutional con- 
vention it would undoubtedly so control the election that no one but pro- 
slaverj' men could be delegates to the convention. If such an election 
were called the free-state men must then determine whether they would 
refuse to recognize any act of the bogus Legislature and refuse to par- 
ticipate in the election or take part in the election and seek seats in the 
constitutional convention. If they chose the former course they would 
be charged with allowing the contest to go by default. If they chose the 
latter they would stultify themselves by recognizing the fraudulent 
Legislature and would be almost certain of defeat by fraud or violence. 



938 KANSAS AND KANSANS 

iu which event there was little prospect that they could obtain any relief 
by appeal to the National Goveruiueut. Some definite decision must be 
reached. To determine on a definite policy a series of conferences or 
conventions was held. A free-state convention was held at Lawrence on 
June 8th. It adopted among others the following resolution : 

"In reply to the threats of war so fi-equently made iu oui- neighbor- 
ing state our answer is ' we are ready. ' ' ' 

On June 27th, the national democracy held a convention at Lawrence, 
which endorsed the democratic platform of 1853, but kindly requested the 
citizens of adjoining states to let them alone and resolved that they 
could not permit "the purity of the ballot box to be polluted by out- 
siders or illegal voting from any quarter." James H. Lane, who was 
then a democrat, was chairman of this convention. 

On August 14th and 15th the first convention of free-state men, made 
up from various political parties, was held at Lawrence. This was pre- 
sided over by Philip C. Schuyler and was attended by members of all 
parties. Charles Robinson, afterwards governor, repoi-ted the resolutions 
aud James H. Lane took an active part in the meeting. 

The convention adopted the following resolution which was the 
inception of the Topeka Constitution : 

"Whereas, the peoj^le of Kansas have been, since its settlement, and 
now are, without auy law-making power; therefore be it 

"Resolved, That we, the people of Kansas Territory, iu mass meet- 
ing assembled, irrespective of party distinctions, influenced by common 
necessity, and greatly desirous of promoting the common good, do hereby 
call upon and request all bona fide citizens of Kansas Territory, of what- 
ever political views and predilections, to consult together in their respec- 
tive election districts, and, in mass convention or otherwise, elect three 
delegates for each Representative to which said election district is en- 
titled in the House of Representatives of the Legislative Assembly, by 
proclamation of Governor Reeder of date 19th of March, 1855; said 
delegates to assemble in convention, at the town of Topeka, on the 19th 
day of September, 1855, then and there to consider aud determine upon 
all subjects of public interest, and particularly upon that having refer- 
ence to the speedy formation of a State Coustitutiou, with an intention 
of an immediate application to be admitted as a State into the Union 
of the United States of America." 

This was the beginning of what was afterwards known as the Topeka 
Movement. It resulted in the submission of the Topeka Constitution, 
the election of officers and a Legislature thereunder, the dispersion of the 
Legislature at the mouth of the cannon by Federal troops, and the arrest 
and imprisonment of sixteen of the promoters on the charge of treason. 
They did not wait for the bogus Legislature to tender the issue. That 
Legislature in the meantime had met on Julj^ 2, 3855, and passed a long 
list of laws, many of which were aimed to perpetuate the institution of 
slavery, and also to make permanent the control of the affairs of the terri- 
tory by the pro-slavery adherents. It was a felony for any person to 
speak, write, maintain or circulate any writing in the territory denying 



KANSAS AND KANSANS 939 

the right of persons to hold slaves in the territory. Any person con- 
scientiously opposed to the holding of slaves was disqualified from sitting 
as a juror in any cause involving the protection of slave property, or 
the punishment for crimes committed against that property. Every 
member of succeeding Legislatures, judge of election, and voter in the 
territory "must swear to his faithfulness on the test-questions of slav- 
ery." These acts of the Legislatui'e only strengthened the position of 
the free-state men. It brought to their standard not only every abolition- 
ist and every free-state man, but many democrats like Lane, who were 
not particularly opposed to slavery but wanted to see fair play and 
self-government, and manj- southern men who had no interest in slavery. 
There were others who disliked the negro and wanted to exclude him, 
free or slave, from the state. All these were drawn together in one 
common issue which was no longer slavery or anti-slaveiy but resistance 
to outside interference. 

On September 5, 1855, at Big Springs, a larger convention was held 
at which the free-state party was formally organized and adopted its 
platform. In this platform members of all parties joined, setting aside 
minor issues of partisan politics for the time being in order that they 
might achieve political freedom, vindicate their right of self-government 
and become an independent state of the Union, resolving that when these 
things were accomplished it would be ' ' time enough to divide our organi- 
zation bj' these tests" of party fealty. The resolution on one hand 
denounced slavery a.s a curse to the master and the community and on 
the other declared "that the stale and ridiculous charge of Abolitionism, 
so industriously imputed to the Free-State party, and so persistently 
adhered to in spite of all the evidence to the contrary, is without a 
shadow of truth to support it," and pledged the peoi^le to "discoun- 
tenance and denounce any attempt to encroach upon the constitutional 
rights of the people of the state, or to interfere with their slaves; con- 
ceding to their citizens the right to regulate their own institutions, and 
to hold and recover their .slaves without any molestation or obstruction 
from the people of Kansas." This provision and a further one "that 
the best interests of Kansas require a population of free white men, 
and that in the organization we are in favor of stringent laws excluding 
all negroes, bond or free, from the territory" were largely a concession 
to the personal wishes of James H. Lane. Governor Reeder who had 
shortly before been removed by President Pierce was a member of the 
convention and wrote a number of resolutions which were adopted, 
denouncing citizens of neighboring states controlling the election and 
pledging resistance by every peaceable and legal means and if necessary 
"to a bloody issue." 

The call for the Topeka convention was also endorsed. 

TOPEKA CONM^NTION 

Pursuant to call the convention met at Topeka on September 19, 
1855, and called an election of delegates to a constitutional convention 



940 KANSAS AND KANSANS 

to be held at Topeka on October 23, 1855. The electiou was held Octo- 
ber 19, 1855, and a full list of forty-seven delegates was elected. The 
pro-slavery people did not participate in the election. The breach was 
too wide between the parties. And they contended a constitutional con- 
vention could be called only by the Legislature. They ridiculed the 
whole movement. The free-state men on the other hand contended that 
a constitution might be drafted by any convention however informally 
called ; that the vital question was its ultimate adoption or rejection by 
the legal voters at an election held for that purpose. To support their 
contention they had the precedent of California, whose constitution was 
drafted by a convention held under a popular call. 

The constitutional convention met at Topeka on October 23, 1855. 
It consisted of forty-seven delegates, including eighteen democrats, six 
whigs, four republicans, two free-soilers, one free-state man and one 
independent. The whole membership did not attend all sessions. 

It was not divided on party lines but between conservatives and rad- 
icals. The conservatives organized the convention by electing James H. 
Lane, president. Another evidence of conservatism was to submit with 
the constitution a separate proposition to exclude all negroes from the 
state. Strange to say this proposition was carried by a vote of 1,287 to 
458 by the very people who had come to Kansas to make her a free state. 

Another question arose over inserting the word "white" in stating 
the qualification of votera. Only seven pereons, Robinson, Crosby, Hill- 
yer, Hunting, 0. C. Brown, Knight, and Schuyler voted against it. So 
the limitation went in, and it afterwards appeared in the Wyandotte 
constitution where it remains to this day but inoperative because of the 
XVth amendment to the Constitution of the United States. 

This constitution was by no means an unimportant or mediocre doeu- 
mejit. While the Ohio Constitution was formally the basis taken at the 
Wyandotte convention for the drafting of our present constitution, 
those men had before them constantly the Topeka Constitution and used 
many portions of it in their final draft. There are many interesting 
provisions in the Topeka Constitution, some of them api^arently contra- 
dictory to the liberal terms of it, but evidently inserted as a compromise 
to the more conservative element. Pear of a free negro population 
caused the insertion of the word "white" in several places beside the 
one mentioned above. For instance, it provides for an enumeration of 
all the "white" inhabitants of the state every two years; that the militia 
shall consist of all able bodied "white" male persons between the ages of 
eighteen and forty yeai-s; that every "white" male person * * * 
shall be deemed a qualified voter. 

One very salutary provision which should have been but was not 
incorporated in the Wyandotte Constitution provided that no senator or 
7'eprcsentative should during the term of office for which he was elected 
be appointed to any civil office of profit created, or the emoluments of 
which have been increased during such term. That no pei-son holding 
office under the United States or any lucrative office under the state shall 
l)e eligible to hold a seat in the Legislature. These provisions would 



. KANSAS AND KANSANS 941 

prevent encroachmeat of the executive upon the powers of the Legisla- 
ture. Another section provided a double liability for stockholders in 
banking companies. Other provisions were the establishment of a uni- 
versit}', as well as a complete system of common schools; the complete 
divorcement of church and state; the prohibition of wealth as a quali- 
fication for the right of suffrage. The rights of married women were 
provided for as follows : 

The first General Assembly shall provide by law for securing to the 
wife the separate property acquired by her before or after coverture, and 
the equal right with the husband to the custody of their children during 
their minority. 

There was, however, no provision for homestead exemption from debts. 

The constitution provided for its immediate submission to a vote of 
the people and the election of state officers thereunder. 

This election was held December 15, 1855, and the constitution 
adopted by a vote of 1,731 to 46. The radicals and conservatives each 
put up a set of state officers and the radicals were elected by a vote of 
1.296 to 410. While the free negro exclusion proposition was carried 
by the surprising vote of 1,287 to 458, the election of the radicals put a 
quietus upon it and the phrase "a free white state" became thereafter 
obsolete. 

Charles Robinson was elected governor and the first Free-State Legis- 
lature met at Topeka March 4, 1856. It elected ex-Governor Reeder and 
James H. Lane United States senators. 

The adoption of the constitution and the election of these state offi- 
cers caused no small commotion in the political circles at Washington. 
The "bogus" Legislature was still in existence and recognized by the 
Government at Washington as the only legislative authority in Kansas 
and the territorial governor appointed by the President was in full charge 
of the executive branch with the United States army at his command 
and the Federal judiciary submissive to his desires. The whole Topeka 
movement was regarded as treasonable. President Pierce in a special 
message to Congress on January 24, 1856, said : 

No principle of public law, no practice or precedent under the Con- 
stitution of the United States, no rule of reason, right, or common sense, 
confers any such power as that now claimed by a mere party in the 
territory, "in fact, what has been done is of a revolutionary character. 
It will become treasonable insurrection if it reaches the length of organ- 
ized resistance by force to the fundamental or any otlu-r federal law. 

The Free-State Legislature adjourned on March 15th to meet July 
4, 1856. A congressional committee, consisting of John Sherman, William 
A. Howard and Mordecai Oliver, was appointed to inquire into th." 
validity of the bogus Legislature and the election of Whitfield. It ar- 
rived in Kansas April 18, 1856, and the new state officers sought the 
advice of Sherman and Howard, the republican membei-s. After a dis- 
cussion of tlir whole situation it was decided to stand by the Topeka 



942 KANSAS AND KANSANS 

govermuent against the Federal authority even by force if necessary. 
But shortly thereafter Governor Robinson and other free-state leaders 
were indicted and arrested on the charge of treason. When the Legis- 
lature convened July 4, 1856, at Topeka, it was dispersed, at the mouth 
of loaded cannon, by Colonel Sumner under instructions of the President. 

In the meantime, on June 15th, the first National Republican Con- 
vention declared "that Kansas should be immediately admitted as a 
state of the Union, with her present free Constitution." On June 25th 
Gralusha A. Grow, of Pennsylvania, introduced a bill in Congress to 
admit Kansas under the Topeka Constitution. This bill passed the House 
on July 3, 1856, by a vote of 99 to 97 but when it reached the Senate 
that body passed the Douglas substitute providing that the people of 
Kansas should frame a new constitution. To this the House refused to 
accede. 

There was no tiling remarkable about the Topeka constitution except 
that it epitomized the vital issue of the day. For nearly three years of 
bloody conflict it was the rallying banner around which the free-state 
men gathered. Under its folds they stood in the Wakarusa war, the 
bombardment of Lawrence, at Hickory Point, Franklin and the Battle of 
Black Jack. It was named by Lane "the old blood stained banner" 
and so it was. It became the chief issue in the National Campaign 
of 1856. Its story became known in the homes of the nation and 
it induced a wave of immigration to Kansas in the spring of 1857. The 
Free-State Legislature met again in January, 1857, and memorialized 
Congi-ess to admit Kansas under it. Again in June the Legislature 
petitioned Congress to the same effect but without result. 

The Topeka Constitution had again been submitted to tlie people in 
August, 1857, and again carried by a vote of 7,257 to 34. The free- 
state people having obtained possession of the Territorial Legislature in 
the meantime, the Topeka movement was in January, 1858, abandoned 
and the Topeka Constitution became only "a scrap of paper," but like 
an old love letter or an old battle tattered flag still dear to tlie memory 
of those who know its story. 

Lecompton Constitution 

The bogus Legislature elected on ]\Iarch 30, 1855, might have called 
a constitutional convention at its fii'st session in July, 1855, but it did 
not do so. One liouse passed a resolution to that effect, but the other, 
fearing the result of the election, declined to concur. From the pro- 
slavery standpoint it was a fatal mistake. Never again was that interest 
so strongly entrenched in the territory. The governor, the courts, the 
armj' and the President and his cabinet and Congress all wei-e with them, 
and the Legislature might have called a convention with the assurance 
that the election could be carried by the same methods by which it was 
elected and that those methods would be approved at Washington. In 
all probability if this had been done Kansas would have been admitted 
in 1855 with a pro-slavery constitution. 



KANSAS AND KANSANS 943 

Instead the pro-slavery men chose to make the fight against achni&sion 
at this time because so long as the Federal Government was behind them 
they could control the territorial government and they believed that by 
pro-slavery laws they could drive the free-state men out of the terri- 
tory. This was especially true if they could make the charge of treason 
stick against the promoters of the Topeka movement. But these charges 
broke down. The great increase of immigration from the East in the 
spring of 1857 came on. 

The majority of free-state men was becoming larger every day and 
their heroic struggle for free government was becoming every day better 
known throughout the nation. The Washington cabal concluded to force 
a pro-slavery constitution at once. Under its direction on Februai-y 19, 
1857, the bogus Legislature called a constitutional couventiou at Lecomp- 
ton. The bill made no provision for submitting the constitution, when 
drafted, to a vote of the people. Governor Geary vetoed the bill for that 
reason, but it was passed over his veto. The election of delegates was 
held June 15, 1857, the free-state men refusing to participate. The 
convention met September 7, 1857, and concluded its proceedings Novem- 
ber 3, 1857. The constitution is a lengthy document but its only pro- 
visions of interest at this time relate to slavery. 

It provides : ' ' The right of property is before and higher than any 
constitutional sanction, and the right of the owner of a slave to such slave 
and its increase is the same and as inviolate as the right of the owner 
of any property whatever. The legislatiire shall have no power to 
pass laws for the emancipation of slaves without the consent of the 
owners. ' ' 

"Free negroes shall not be permitted to live in this State under any 
circumstances." 

The schedule provided that after 1864 the constitution might be 
amended by a special convention "but no alteration shall be made to 
affect the rights of property in the owuersliip of slaves." 

If this constitution could be once fastened legally upon the people it 
was believed they would be permanently tied to slavery. It was the 
original plan to have the constitution adopted by the convention which 
drafted it and to forward it immediately to Congress and then for Con- 
gress to admit Kansas as a state under it. But Governor Geai-y's veto 
had exposed the conspiracy so that the convention conceived a thin 
subterfuge for the sake of appearances. The schedule provided for a 
popular vote under the supeiwision of three commissioners in each 
county to be appointed by the president of the convention. On the 
ballots wei-e endorsed "Constitution with slavery" and "Constitution 
with no slavery," so that every one who voted must vote for the con- 
stitution, his only choice being with or without slavery. It was further 
provided that if a majority voted for the constitution with no slavery 
then "slavery- shall no longer exist in the state of Kansas, except that 
the right of property in slaves now in this Territory shall in no manner 
be interfered with." 

On December 21st the election was held under this call, the free-state 



944 KANSAS AND KANSANS 

meu not voting, with the result of 6,266 for the constitution with slav- 
ery and 569 for the constitution with no slavery. In the meantime Gov- 
ernor Geary had resigned (March 4, 1857). Governor Walker, who 
was appointed by Buchanan on March 10, 1857, and Secretary Stanton 
united in asking the free-state men to participate in the election and 
guaranteed them a fair vote and honest counts. These fair promises and 
the great influx of northerners induced the free-state men to change their 
whole policy. They went into the election of the territorial legislators 
on October 5, 1857, and elected a substantial majority of both Houses. 
At three of the precincts, Oxford, Shawnee Mission and Kickapoo, nearly 
3,000 illegal votes were cast and Governor Walker, true to his promise, 
set aside returns from Oxford and McGhee precincts. His action forced 
him to leave the state on November 16th, and to hand in his resignation 
a month later. Secretary Stanton, acting governor, called a special 
session of the new Legislature and that body submitted the Lecompton 
Constitution to a vote of the people on January 4, 1858, with the follow- 
ing result. (Free-state men participating — pro-slavery meu not par- 
ticipating.) 

Against the constitution 10,226 

For the constitution with slavery 138 

For the constitution without slavery 23 

On December 24, 1857, a democratic convention held at Leavenworth 
utterly repudiated the Lecompton Constitution and memorialized Con- 
gress to reject it. 

J. H. Stringfellow, ex-speaker of the bogus Legislature, January 
7, 1858, protested against the admission of Kansas under it and said "to 
do so will break down the Democratic party at the North and seriously 
endanger the peace and interests of Missouri and Kansas if not of the 
whole Union. The slavery question in Kansas is settled against the South 
by immigration." Governor Denver sent Kush Elmore to Washington 
with a confidential message to Buchanan not to present the Lecompton 
Constitution to Congress at all. 

Stephen A. Douglas on November 28, 1857, opposed the Lecorapttm 
Constitution. 

A joint resolution of the new Legislature was passed on December 
7, 1857, asking Congress to admit Kansas under the Topeka Constitution. 

But President Buchanan denounced the Topeka Constitution, and on 
December 7th endorsed the Lecompton Constitution and urged Congress 
to adopt it. On April 23, 1858, a compromise bill was introduced in Con- 
gress, passed both Houses on April 30th, and was signed by Buchanan 
on May 4, 1858. It became known as the English (name of its author) 
Swindle or Lecompton Junior. Under it the Lecompton Constitution 
was again submitted to a vote with the disastrous results of 1,788 for the 
proposition and 11,300 against it, a majority of 9,512. 

This was the last stand of the pro-slavery party in Kansas. Every 
election li(>l(l in Kansas thereafter was can-ied eitlier bv the free-state 



KANSAS AND KANSANS 945 

party or the republicans until 1882 when Glick, a democrat, was elected 
governor. 

The action of Buchanan and his advisors in trying to force the Le- 
compton Constitution alienated Douglas and the northern democrats, 
split the party at the election of 1860, and elected Abraham Lincoln, 
president. 

Leavenworth Constitution 

On February 2, 1858, Buchanan sent the Lecomptou Constitution to 
the Senate with a special message recommending its immediate adoption. 
Immediate action was not taken because in each House minority reports 
were filed. The danger, however, was imminent that Congi-ess would 
admit Kansas and the slavery question be closed. It was claimed that 
because of the great increase in population the Topeka Constitution no 
longer represented the sentiment of the people. A new constitution was 
therefore provided for by the Legislature on Febniary 10, 1858. The 
election for delegates to a convention was held March 9th. The con- 
vention met March 23d at Minneola, Franklin County, and adjourned to 
Leavenworth March 25th. It completed its labors April 3, 1858. This 
constitution was submitted to a vote of the people May 18, 1858, and 
was adopted by a vote of about 1,000 to 4,000. 

This convention was probably composed of a greater number of able 
men than any of tlie other constitutional conventions held in Kansas. 
Among them were Frank G. Adams, Caleb May, P. B. Plumb, W. E. 
Bowker, Joel K. Goodin, il. F. Conway, T. Dwight Thacher, James S. 
Emery, S. X. Wood, James H. Lane, Henry J. Adams, Thomas Ewing, 
Jr., James SI. Winchell and others of equal ability. Many of these men 
had not been participants in the earlier struggles but had come only 
recently fresh from college and were destined to military as well as civil 
service of high order. 

The constitution which they drafted was intended by its terms and 
phra.seology to direct the attention of Congress and the nation to the 
peculiar vices of the Lecompton Constitution. The latter exalts the 
rights of property especially in human beings and asserts it to be higher 
than any constitution. The former declares "the right of all men to 
the control of their persons exists prior to law and is inalienable." The 
Lecompton Constitution guarantees an impartial trial by jury to "slaves 
for crimes of higher grade than petit larceny;" and "that no freeman 
shall be taken or imprisoned, or disseized of his freehold, liberties or 
privileges, or outlawed or exiled, or in any manner destro.ved or de- 
prived of his life, liberty or property, but by the judgment of his peers, 
or the law of the land." The Leavenworth Constitution says "the right 
of trial by juiy shall be inviolate, and extend to persons of every 
condition. ' ' 

The Leavenworth Constitution eontaiiU'd many notable provisions. 
It recognized the negro a.s a citizen and gave him the right to vote. It 
provided that the first general assembly of the Legislature should subinit 



946 KANSAS AND KANSANS 

the question of universal suffrage to the people. It provided that a 
homestead of 160 acres or a house and lot should be exempt to the head 
of a family. It provided for a complete common and higher school sys- 
tem ; for the rights of married women in holding property separate from 
their husbands. These and many other provisions mark the authors as 
men of high intelligence and progressive ideas. 

When the "English Swindle," alias "Lecompton Jr.,"' was defeated 
in August, 1858, the purpose of the Leavenworth constitution had been 
accomplished and it was never again submitted to the people, but was 
presented to Congress January 5, 1859. No action was ever taken on it 
by that body. 

Wyandotte Constitltion 

The Wyandotte convention was different from any which preceded 
it. Each of those wa.s a.ssembled to frame an issue. This was assembled 
to form a state. In each of those there was one central thought which 
dominated the men who drafted the document. In this each part of the 
constitution drafted was of equal importance and had equal considera- 
tion. In those, two passions controlled — slavery and self-government — 
.subordinating all other thoughts. In this slaveiy and self-government 
had already been settled and the task wa.s to formidate its constitution 
for a free people. Those were partisan gatherings. This was bi-partisan. 

The pei-sonnel of the Wyandotte convention was different from that 
of any of the earlier conventions. For tlie most part it was made up of 
younger, and, as to Kansas, newer men. The early conflict had developed 
.some great characters whose names have become known throughout the 
nation, such as Robinson, Lane, Conway, Parrott, John Brown, Reeder, 
Holliday and Phillips. These men were either not candidates or had 
been defeated at the polls and so were not members of this convention. 

Two of its members, Caleb May and William R. Griffith, had also sat 
in the Topeka and Leavenworth conventions, and three others, James 
Winehell, John Ritchie and William ]\IcCullough, were members of the 
Leavenworth convention. 

There were in that notable gathering the president, James M. Win- 
ehell, a skilled parliamentarian, good debater and afterwards a promi- 
nent candidate for the United States Senate; John P. Greer, judge 
advocate during the war ; James G. Bkmt, afterwards brigadier general, 
distinguislied in military service; John Ritchie, one of the founders of 
Wash))urn College; Samuel A. Stinson, the third attorney general of the 
new state; John T. Burris, afterwai-ds speaker of the Kansas House of 
Representatives and for many yeai-s a district judge ; Solon 0. Thacher, 
judge of a district court and aclmowledged leader of the bar of Kansas 
for nearly half a century — a man of great ability and eloquence ; Benja- 
min F. Simpson, afterwards United States marshal for Kansas, the first 
attorney general of the state, .speaker of the House of R«prcsentatives 
and Supreme Coui-t commissioner; Edmund G. Ross, afterwards United 
States senator, whose vote saved Andrew Johnson from conviction after 



KANSAS AND KANSANS 947 

impeachment; Samuel A. Kingman, afterwards chief justice of the 
State of Kansas ; and John J. Ingalls, the incomparable master of invec- 
tive and of the Queen's English — one of the most brilliant men who ever 
sat in the United States Senate. 

There were fifty-two delegates to the convention, tliirty-five republi- 
cans and seventeen democrats. Eighteen of the delegates were lawyers, 
sixteen farmers, eight merchants and five physicians, -with one or more 
surveyors, land agents, manufacturers, mechanics and printers. John 
A. Martin, afterwards governor of the state, was secretary of the con- 
vention. The acknowledged leaders at the convention were Thacher and 
Kingman on the republican side and Stinson and McDowell on the demo- 
cratic side, all four of whom were lawyers. Stinson afterwards became 
attorney general and Kingman, as said above, chief justice of the state. 
Of the delegates fourteen came from Ohio, six from Indiana, five from 
Kentucky, two from jMassachusetts, six from Pennsylvania, three from 
New Hampshire, four from Vermont, two from IMaine, five from New 
York and one each from Virginia, England, Scotland, Germany and 
Ireland. 

The convention assembled on July 5, 1859, and completed its laboi's 
on July 29th. After tlie constitution was finished the democratic mem- 
bers refused to sign it. It was signed by thirty-four republicans. On 
October 4, 1859, it was submitted to the people and adopted by a vote 
of 10,421 to 5,530. The homestead clause, submitted separately, carried 
by a vote of 8,788 to 4,772. 

On the 14th day of February, 1860, the president of the United 
States Senate presented the Wyandotte constitution to that body. On 
the 29th of March following, Galusha A. Grow, chaii-man of the Com- 
mittee on Territories, recommended the admission of Kansas under this 
constitution. On the 11th day of the next month the House voted to 
admit Kansas to the Union by a vote of 134 to 73. The Senate, how- 
ever, on two different occasions refused to consider motions to admit the 
territory. On the 21st day of January, 1861, several of the Southern 
senators, having resigned by reason of the secession of their states, 
Mr. Seward called up the Kansas bill and secured its passage by a vote 
of thirty-six to sixteen. On the 29th day of that month President 
Buclianan signed the bill and Kansas became a state. 

The Wyandotte Constitution is not a document remarkable for its 
originality, because in the main it was taken from other constitutions; 
but it is remarkable because of the intelligence and the great care with 
which it was put together. Eveiy article and nearly every sentence was 
carefully considered and debated, not only in the sub-committees of 
the convention, but upon the floor of the convention itself. When the 
instrument was finally signed its authore were well justified in claiming 
it "to be a model one." In the closing hours of the session when the 
constitution was ready for .signature, Solon Thacher said : 

"For terseness of expression and vigor of general outline, I believe it 
to be unexcelled by that of any State in this Union. 



948 KANSAS AND KANSANS 

"This constitution has come through a fiery debate. Everj' line 
almost has beeu subjected to the scorch of high-wrought argument. Mr. 
President, I believe this Constitution to be one that will be clasped to the 
hearts of the people and under it Kansas will glide to an enviable position 
with the sister states. 

"It has been the aim of the majority of this body to make this Con- 
stitution the draft, the outline of great civil truths and rights, leaving 
out, as far as possible, special legislation. 

"There is scarce a feature of this Constitution but what will com- 
mand the homage of all good men. But, sir, the feature which most 
endears this Constitution to my heart, and which will commend it most 
to the true and good everywhere, is that through eveiy line and syllable 
there glows the generous .sunshine of liberty. No repulsive allusion, no 
wicked prejudice, no ignorant and heathenish distinction mars its 
beauty or disfigures its fair symmetry." 

Such was the constitution which they drafted and under which thi; 
peo]>le of Kansas have lived and prospered for more than fifty years. 
It has been found necessary to make but few amendments to it, and mosr, 
of those have been made only on account of change in conditions of the 
people. 

When the convention convened one of the first questions which arose 
was whether or not to use the constitution of some other state or some 
former draft of the Kansas constitution as a model from which to draw 
the new document. On the first ballot Ohio received 13 votes ; Indiana 
12 ; Kentucky 6 ; the Leavenworth Constitution 5 ; the Topeka Constitu- 
tion 3 ; Pennsylvania 2 ; Iowa 2 ; Wisconsin 2 ; Massachusetts, Michigan, 
Maine, Minnesota and Oregon 1 each. On the second ballot Ohio 
received 25, Indiana 23, and Kentucky 1. The constitution of Ohio, 
having received the majority, was declared to be flie proposed basis for 
the new document. 

The greatest speech of the convention was made by Thacher in oppo- 
sition to a proposal to exclude free negroes from the state. This speech 
forever settled the question of absolute freedom of Kansas soil, although 
the vote upon the proposition when taken stood twenty-one ayes and 
twenty-six nays. 

'To us of this day it seems strange that any argument was necessary 
to defeat the proposition. , But the sentiment in favor of it was so strong 
in the convention that several of the members predicted that the consti- 
tution woidd be defeated unless the provision excluding the free negro 
from the state should be included in it. Their appreheu.sion proved to 
be without foundation. 

A very interesting discus.sion arose over the iiorthern boundary of 
Kansa.s. Delegates came from Southern Nel)raska and petitioned the 
convention to fi.x: the northern boundary of the state at the Platte River. 
The}' argued with great earnestness that the present boundary was an 
artiiicial one, while the river was a natural boundary because it could 
not be forded because of quick sand, could not be bridged because no 
bottom could be found for the piers, and could not be ferried because 
there was not enough water to float a boat. Tluit at times it was a raging 



KAiNSAS AND KANSANS 9ii' 

torrent and at other times a stretch of sand. They oifered to give to 
Kansas a rich area of territory and the democratic members of the con- 
vention were unanimously in i'avor of the tender. But the republicans 
"feared the Greeks bearing gifts," they suspected the inhabitants of 
that land were democrats and might either defeat the constitution alto- 
gether, or elect democratic United States senators from the new state, 
so the boundary line was fixed at the 40th parallel. 

Two of the older states, New York for the North and Virginia for the 
South, have furnished the models for most of the constitutions of the 
several states. The Ohio constitution was in the main founded upon 
that of New York. All sub-committees of the convention were instructed 
to use the Ohio constitution as a model for their pai-ticular articles and 
in the main they followed those instructions, but throughout the pro- 
ceedings we tind frequent allusion to the constitutions of the ditlerent 
states and also to the Topeka and the Leavenworth constitutions, show- 
ing that while the Ohio constitution was used as the model in the main 
it was not strictly followed. The constitutions from which provisions 
were taken other than the Ohio constitution were principally Michigan, 
Kentucky, Indiana, Iowa, Wisconsin, Illinois, Pennsylvania, and the 
Topeka and Leavenworth and even the Lecompton constitutions. The 
ordinance was taken largely from the Lecompton Constitution. The 
executive and legislative articles followed largely the Ohio precedent, 
but the qualifications of the members of the Legislature is taken from 
the Wisconsin Constitution, with a number of the sections adopted from 
the Topeka and Leavenworth constitutions. One provision improving 
the status of women which provides "the legislature in providing for 
the formation and regulation of common schools shall make no distinc- 
tion between the rights and privileges of males and females" was taken 
from the Constitution of Kentucky. The article on elections and suf- 
frage followed largely the Topeka Constitution. The article on educa- 
eation was a merger of provisions found in Iowa, Oregon, Michigan, 
Wisconsin and California. The article on banking and currency was 
made up from the Topeka and Leavenworth constitutions. Nearly every 
.section can be traced to some provision of some preceding constitution, 
except perhaps the provision that all bills should originate in the House 
of Representatives, and this provision was repealed in November, 1864. 

This, however, does not mean that the instrument was not progi-essive 
in its character. On the contrary most of the constitutions from which 
its provisions were taken had been recently adopted by the respective 
states and from them were gleaned the best and most progressive pro- 
visions. The sagacity of the Wyandotte Convention consisted in its 
selection of these provisions and the amalgamation of them into a con- 
sistent and harmonious instrument. Most of the progressive ideas of 
the decade were incorporated in the instrument. Slavery was pi'ohibited. 
Free negroes were not excluded. AViid cat banking paper was proscribed. 
Ample provision was made for common school and higher education. 
The rights of women were recognized and advanced and the liomestead 
was guarded against covetous ereditoi's. It is ti'ue that some i)i'ogressive 



950 KANSAS AXU KAXSANS 

measures were suggested to tlie conveutiou which were uot adopted. 
John Ritchie offered the following: "That the state of Kansas shall 
confer power on the legislature to prohibit the introduction, manufac- 
ture or sale of spirituous liquor in the state." The pi*o\'ision was not 
adopted. But twenty-one years later, in November, 1880, the prohibition 
amendment was passed. 

I\Ir. Ritchie moved to strike the word "white" from the article 
establishing the state militia. Only si.\ voted in favor of the motion, 
but the section was so amended in 1888. Mr. Hutchinson presented a 
petition of 252 inhabitants of Douglas and Shawnee counties asking that 
the right of suffrage be extended to women. The petition was not 
granted, but in 191-3 that right was extended to women. 

There are two provisions in the Wyandotte Constitution whicli make 
it a mile post in legislation. One is the extension of married women's 
rights and the other the homestead exemption. These provisions are 
linked together and touch the social life of the state through the family. 
The two sections are as follows : 

"Section 6. The Legislature shall provide for the protection of the 
rights of women, in acquiring and possessing property, real, personal 
and mixed, separate and apart from the husband: and shall also pro- 
vide for their ecjual rights in the possession of their children." 

"Section 9. A Homestead to the extent of one hundred and sixty 
acres of farming land, or of one acre within tlie limits of an incorporated 
tovai or city, occupied as a residence by the family of the owner, to- 
gether with all the improvements on the same, shall be exempted from 
forced sale under any 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 provisions of this 
section shall not apply to any process of law obtained tiy virtue of a lien 
given by the consent of both husband and wife. ' ' 

From early history woman has been little better than a chattel and 
even under the common law of England a woman upon her marriage 
surrendered all her right to hold personal or real property to her hus- 
band. Not only her individuality became merged in her husbaud, but 
be enjoyed the right of possession and disposition of her property. Her 
goods became liable to seizure and appropriation by his creditors. 
Through the profligacy or ill-management of the hiisband a woman who 
was well-to-do in her own right before her marriage might be reduced 
to poverty after her marriage. Except as modified or repealed by the 
constitution or .statutes the common law of England applied to most of 
the states, including Kansas. The men of the Wyandotte convention 
determined that no such injustice would be fastened upon the women 
of Kansas, and by the section first above quoted they restored for all 
time to their women the management and control of their own prop- 
erty so far as law can give it to them. By the second provision they 
tixe.l for her and her children a homestead which could not be violated 
or torn from her and them by the malice, ill-management or misfortune 



KANSAS AND KANSANS 951 

of the husband and father, except by the joiut consent of the wife and 
mother. 

Homestead laws are an American institution, unknown in other 
lands. The first statutory provision exempting the home from execu- 
tion was enacted by the Republic of Texas in 1839, and the first home- 
stead exemption placed in a constitution was in that of Texas in 1845. 
The second was the constitutional provision adopted by Vermont in 
IS^g. In 1859, when the Wyandotte convention assembled, it was a 
scarcely recognized political doctrine. The leading advocate for a con- 
stitutional homestead exemption was Samuel A. Kingman. Without 
liis great earnestness and logical argument it never would have been 
adopted by the convention, because other men strong in debate, such as- 
Thacher, Ingalls and Stinson opposed it, claiming that the homestead 
exemption would enable men to avoid their jiist debts and would injure 
the credit of the state. One of the opponents said : "I would rather 
abolish all laws for the collection of debts than that the section should 
pass in its present shape," and that he would prefer a $2,000 exemption 
rather than a homestead exemption. It was left for Houston, Griffith and 
Kingman to point out the distinction between a homestead and an 
exemption law, Kingman saying: 

"The object of a liomestead law is very unlike that of an exemption 
law. And I think the amendment pi'oposed is calculated to defeat the 
homestead principle. I think that is its object. It is within the recol- 
lection of many when it was the settled policy of many of the States, 
that the land should not he subject to sale for the payment of debts. 
But the commercial interests of the country by their power and skill 
produced a change which has subjected the farms and homes of the peo- 
ple to be sold under execution, and so nearly converted our people into 
a class of nomads. I want, if possible, to restore the old policy — to 
change back again— so that every man or woman, if he plants a tree or 
.she cultivates a rose— that both may beautify and adorn their homes 
as they may choose, and have the benefit of the protection of the law. 
But if we put it in the power of the husband or the fortunes of trade to 
convey by lien or mortgage, the grasping creditor will take away the 
homestead. I want to separate this subject from anything like the con- 
sideration of an exemption law. I approach this as a great measure 
which rises above all considerations of the rights of debtor and creditor. 
I abhor an exemption law. This is not of the same nature. This is to 
go forth, the promulgation of a great principle, that shall encourage the 
cultivation of the soil. The case was well illustrated by the gentleman 
from Riley (Mr. Houston) ; and though it would be impossible for me 
to emulate the flights of his fancy and the boldness and strength of 
liis doctrine, I am not therefore restricted as to ray full share of feel- 
ing and anxiety for the success of this most important measure." 

That was a novel doctrine then, but since that time every state in 
tlie Union, except, we believe, Delaware, Indiana, Maryland, Pennsyl- 
vania and Rhode Island, has, by constitutional or statutorj^ provision, 
recognized its soundness. It fosters the family as the primal factor of 
society and thus promotes general welfare. To protect the home is to 
preserve the family from disintegration. To dignify tlie wife is to 



952 KANSAS AND KANSANS 

develop citizenry. If the lioiues are permanent in charaeter the com- 
muuity will build schools, churches, libraries. The spirit of free citi- 
zenship and patriotism will thrive, and the state will be healthy aud 
prosperous. The Kansas courts have given liberal construction to the 
constitutional provision. Early in the history of the state, while King- 
man was chief justice, the court declared that the wife's interest in a 
homestead under this provision was not an inchoate aud expectant thing, 
a mere veto upon the right of the husband to alienate the estate but 
that it was a real existing estate under which the occupation and enjoy- 
ment thereof is secure to her against any act of her husband or creditors 
without her consent. If her husband abandon her the use of the home- 
stead remains to her and the family. It is not like dower depending on 
uncertain events, but fixed and certain without need of any statutory 
enactment. In later years the same court has declared that the right 
belongs to the wife alone, independent of any children. The great 
bereavement of her husband's death would not admit the gaunt grey 
wolf of debt to ravage the home aud turn into mockery the con- 
stitutional provision prepared against the days of her adversity. On 
the contrary, she continues in the enjoyment of precisely the same right 
of immunity from the loss of her hearthstone by suit of her husband's 
creditors as before his death. And so the widow is protected as well as 
the wife. But the court has gone farther still and now holds that while 
the right of exemption cannot originate without the existence of a family 
consisting of more than one pereon, when the homestead character has 
once attached and the head of the family remains in continuous occupa- 
tion of the property, though all others may die or foi-sake him, it is still 
occupied as a residence by a constituent part of the family and he may 
hold it sacred from invasion for his sole use and occupation. 

By these provisions the wife and mother becomes a proprietor in her 
own right, part owner of her home and queen of her domain. The hus- 
band and father has a castle safe from invasion where he may retreat 
in time of storm or adversity. Failure cannot affect it, disaster cannot 
destroy it. Friends may deseri him but his enemies cannot reach him. 
He and his family are secure. For the present and for the future the 
permanency of the home is established. His place in the community is 
fixed and his interests in the state are anchored and strengthened. 

No marble column or granite shaft could be so fine a tribute to the 
memory of the men of the Wyandotte convention as the married women 
and the homestead exemption provisions of the constitution. These two 
clauses make everj^ happy family and peaceful home in Kansas a monu- 
ment to their memory. Succeeding generations of Kansans will hold them 
in grateful veneration. 



KANSAS AND KANSANS 953 

A BRIEF HISTORY OF THE illLITIA AND THE NATIONAL 
GUARD FROM ITS INCEPTION TO THE PRESENT DAY 

By Brig.-Gen. Charles I. JIartin, Adjutant General of Kansas 

The National Guard, while fonnded on the ililitia, should not be 
confused with it, as it is a very different force. The Militia was the 
original military organization of the colonies. When the Constitution 
was adopted it therefore recognized the two forms of military force, a 
national army, and the militia of the various states. The Constitution 
empowered Congress to provide for "'calling forth the ^Militia to execute 
the laws of the Union, suppress insurrections and repel invasions." Also, 
"to provide for organizing, arming and disciplining the Militia, reserving 
to the States the appointment of the officers and the training of the 
]\Iilitia according to regulations prescribed by Congress. ' ' 

Congress acted upon this authority and enacted the old Militia 
law. May 8, 1792. This law remained in force, with few amendments, 
until 1908. Under this law, Congress authorized the President to call 
forth the Militia, but limited the service to nine months and provided 
that the Militia could not be taken outside of the United States. All 
able bodied men between the ages of 18 and 45, with the except inn of 
those specifically exempted, composed the Militia. CoinpiiUmy srivice 
was required in time of peace to the extent of complete .•nnillnient, 
organization and an annual muster. Each enlisted man of the Militia 
was required to provide himself with the following arms : A good musket 
or firelock of a bore sufficient for balls of the eighteenth part of a pound, 
a sufficient bayonet and bolt, two square flints and a knapsack. A pouch 
with a box therein to contain not less than twenty-four cartridges, 
each cartridge to contain a proper quantity of powder and ball : or with 
a good rifle, knapsack and powder horn, twenty balls suited to the bore 
of his rifle and a quarter of a pound of powder. Each officer to be 
armed with a sword and a hanger or spontoon. 

Following this law the states, either in their constitution or their 
laws, recognized the JMilitia and provided for enrolling them, organ- 
izing military districts and appointing military commanders. Under 
this system the Militia could not be expected to amount to much and 
proved to be an utter failure. The individuals failed to provide them- 
selves with proper arms, the arms in use became obsolete and the states 
did not keep up the organizations. No attempt was made at uniformity 
ill the different states. The annual muster became a travesty. There 
were a number of the old Militia organizations, however, dating liack to 
colonial times, that kept up a fair degree of military efficiency and a 
regular organization. 

After the Civil war there amse in most of the states volunteer niili- 
taiy organizations, made up by volunteer enlistments. Tlic states liegan 
to recognize these organizations and to make proper appropriations for 
their support. The National Government also began to make appropria- 
tions for their arms and equipments. Under this volunteer plan a fair 
degree of militarv efficienev was attained, and the name of "National 



954 ka:^sas and kaxsans 

Guard"' was adopted Ijy most, if not all of the states, to distiuguisli it 
from the old militia system which had proved to be a failure, largely 
because of a lack of support by the State and Federal Government. 

This National Guard made up almost the entire first call of 125,000 
men for the Spanish-American war. They did not, however, enter this 
service as militia, but as volunteers. A special law was passed by Con- 
gress authorizing the President to accept National Guard organizations 
by regiments, but each individual man had to enlist under this volun- 
teer act and there was considerable delay iu transferring the regiments 
from the State to the National service. 




Gex. Fredkrick FrxsTcix 

The exi)erieuc-es of the Spanish-American war made it apparent to 
the National Guard that if the National Guard was to be an effective 
military force for war service it must be organized, equipped, and dis- 
ciplined the same as the regular anuy. Also that there shoidd be some 
means of transferring the National Guard organizations to the United 
States service without tlie delay im-ident to re-enlisting or volunteering. 

After careful study a luw militia liill was prepared by representatives 
of the National Guard and pnsciilcd to ("ongress and was enacted into 
a law .lainiary 1*1. lf)(i;i. This, with siilisc(|uent amendments, placed the 
Orgaiiiziil .Alilitia. nv Xaiimial (iuai-cl, wIutc it was oi-iginally intended 



KANSAS AND KANSANS 955 

to be bj' the Constitution. This law recognized the name Organized 
Militia or National Guard. Congress also made additional appropria- 
tions for arms, clothing and equipment. It is now as much a recog- 
nized part of the militarj- resom-ces of the National Government as is the 
regular or standing army. It can be called directly into the service 
of the United States by organizations without new enlistments. The 
organizations as such can be called for indefinite service, each officer 
and man serving for the balance of his term of commission or enlist- 
ment. It is expected to be in such a state of readiness as to be prepared 
for immediate, active war service, and, as a matter of fact, it would form 
largely the first line. 

The National Guard of the various states has become uniform in 
organization, equipment and discipline. This new function of the Na- 
tional Guard has brought about the necessity for a very different kind of 
training. In fact, it must be trained to perform all the duties required 
by the state in time of peace, in maintaining law and order and pro- 
tecting life and property, and in addition thereto be trained in all those 
duties which would have to be performed in active war service. It is 
therefore a dual organization — state organization in time of peace and 
a national organization in time of war. 

Few realize how much training is now required of the National 
Guard, but this may be classified under the following general heads: 

The use and care of arms. 

Sanitation and care of the wounded in the field. 

Discipline. 

The science of war. 

In former times the simplicity of firearms did not require the same 
amount of training as at present. With modern ritles, the effective 
range in open country is one mile. At 1,000 yards firing should be 
quite accurate. The rifle itself is complicated, involving a gi-eat deal 
of care in keeping it in proper condition. The artilleiy arm is even 
more complicated and has an effective range of over three miles. The 
firing of this arm is, as a rule, indirect. That is, by a system of mathe- 
matical calculations the field piece can be fired from a concealed position 
without the object fired at being in view. Coast batteries are still more 
complex. Much time, therefore, must be spent in training men at target 
practice, as well as in the care of arms, before they are properly trained 
for war service. This, perhaps, is one of the most difficult tasks pre- 
sented, requiring patience on the part of both officers and men. 

Until recent years, little attention was paid to sanitary laws in active 
field service, neither was the individual man ti-ained in the methods of 
earing for him.self in the field. Without going into unnecessary details, 
it may be stated in a general waj- that much time and effort is now 
spent in training men not only to understand but to observe proper 
sanitary regulations. 

In the care of the woinuled in the field luui-h attention is given. All 
men are taught the apiilication of first aid to the wounded. Tliey arc 
provided with simiilf bandages and taught the use of same. All wounds 



956 KANSAS AND KAN SANS 

]iOt serious are dressed on the field of l)attle, thereby saving iiuieh loss 
of life. Thousauds of well-trained men slightly wounded are returned 
iu a few days or weeks to their proper commands. 

The word "dieipliiie" is used here in its broadest sense. It means 
prompt and cheerful obedience to orders, accurate and faithful per- 
formance of duty, and, above all, the proper co-ordination of each unit to 
all others, ordei'ly administration of all departments ; in general, all 
those things which make an army move like a well adjusted piece of 
machinery, each part fitting into the other, and each part adjusted to do 
the particular thing for which it is designed. 

It takes more time, probably, to secure good discipline than any 
other part of the soldier's training. It requires the constant supervi- 
sion of officers, the frequent bringing together of each branch of the 
service; it requires a thorough knowledge of customs, forms and 
regulations. 

Officers must be schooled in the effective training and handling of 
men in the field, not only in preparation for battle, but in battle itself. 
This is done by active service in the field. Under present plans, fre- 
(]uent mobilization of the National Guard with the Regular Army is 
particularly important, especially in co-ordinating these two branches 
of the service. This training is obtained by performing the same kind 
of duties in the open country as might be required in actual war, scout- 
ing, reconnaissance, patrolling, advance and rear guard, extended order, 
battle exercises, making and reading maps, judging distances and ele- 
vations, plans of battle, issuing of orders in proper form, etc. 

In the absence of the opportunity for field service, military j)roblems 
are worked out on maps devised for this purpose. There is no limit to 
the amount of work that can be done along this line. The National 
Guard is now being trained in all these duties and it is becoming, in 
fact as well as in name, a military organization. 

Under this law the National Guard attained a strength of 130.000 
officers and men, and this number, by increasing organizations to war 
strength, would be almost doubled. 

To secure the efificieijt training of the National Guard involved a 
greater expense than could well be afforded by the states. The National 
Government adopted a fairly liberal policy in providing arms, clothing 
and equipment. The great difificulty under this law was that the train- 
ing, particularly for National service, involves an amount of time and 
effort which the National Guardsman could not afford to give without 
some reward. It was manifest that we had arrived at a point where 
some compensation should be provided by the National Government. 

To accomplish this a bill was presented to Congress providing for 
compensation on the basis of a percentage of the pay for the Regular 
Army. This bill together with a complete revision of the Militia T^aw 
passed by Congi-ess in 1903 was passed by Congress antj w^as approved, 
by the President, June 3, 1916. The benefits of such a bill in securing 
a higher degree of efficiency, can hardly be estimated, and it should 
therefore receive the hearty support of all citizens. 



KANSAS AND KANSANS 957 

The National Guard is particularly commended to the earnest con- 
sideration of all employers. It is believed that if tliey thoroughly under- 
stand its importance and value they will unhestitatingly encourage the 
young men in their employ to enlist, and will \villingly grant them the 
amount of time from their regular work to properly perform the mili- 
tai'y duties required. 

"That a man shall sei-ve his country in time of war is noble, brave 
and patriotic; but that a man shall properly prepare himself in time of 
peace to serve in war is all of these things and more. It is noble with 
a nobility which is real, not ideal. It is brave with a bravery which 
assumes in time of unemotional peace many burdens, among them that 
of bearing the lack of appreciation of those who do not consider military 
preparation or training necessary." 

This country should certainly feel proud of its National Guard and 
should stand ready to support it in every possible way. Its success will 
depend, as almost everything depends, upon the good will of the people 
at large. It is doing all it can to merit this good will. 

It is believed that in the development of this .special form of militia, 
that is, the volunteer organization or National Guard, in conjunction 
with the Regular Army, the future problems of the military policy of 
this country are solved. It meets all the conditions required. In de- 
velopimg tliis force, no matter to what extent, men are not withdrawn 
from their regular vocations, and therefore from the productive capac- 
ity of tlie country. While tilling their regular positions in life, they 
voluntarily devote a part of their time in preparing themselves for 
military service. This form of military training does not encourage a 
prejudice in the minds of the people, but, on the contrary, makes mili- 
tary service popular. 

The value of the National Guard does not rest alone upon the fact 
that it is an effective military force for war sei-vice. It is also a great 
educational institution. No one who understands the training can fail 
to come to the conclusion that the discipline required, the development 
of intelligence, the precise and orderly performance of duties required, 
the development of physical health and endurance, makes a better 
cla.ss of citizens. 

No other institution is doing as much to develop the patriotism of 
the cotintry. The influence of the national guardsmen reaches out into 
every walk of life and into every community. It is a leaven which raises 
the average patriotism of our citizens. It is a militai-j- school which is 
preparing thousands of young men for the defense of their country. 
These men will rally to the colors whenever the safety of our country 
and its institutions require it. 

The Nation.m. Gi'ard of Kaksas 

In this state, prior to the admission of the state into the Union, the 
Jlilitia consisted of volunteer companies organized in various communi- 
ties nf the territory, the officers of such organizations being commissioned 



958 KANSAS AND KANSANS 

by tlie territorial governor on application of the members of the com- 
pany. These companies were organized for protection against Indians, 
bands of outlaws, etc., which were frequent at this time. "When the' 
territory became a state the constitution provided for the organiza- 
tion of the Militia and the Legislature enacted a law providing for 
the division of the state into two military districts — the Northern Dis- 
trict and the Southern District, the Kansas River being the dividing 
line. There were five regiments in the Northern District and six in the 
Southern. These regiments were paper organizations only. These dis- 
tricts were sub-divided into regimental districts. Civilians in each of 
these districts were selected as officers of these organizations. The law 
required that a roll of all able bodied male citizens between the ages of 
eighteen and forty-five be kept on file in the county clerks' offices. 
These citizens were subject to call to complete the organizations which 
were provided for on paper in case they should be needed to execute the 
laws, suppress insurrections and repel invasion. In other words, an 
untrained body of men was subject to the call of the governor to be 
commanded by untrained officers. 

In 1865 the state was divided into four brigade districts. The or- 
ganization at this time consisted of twenty-four regiments and four 
separate battalions. Efforts were made at each meeting of the Legisla- 
ture to enact laws to provide for the organization of an active ^lilitia. 
These efforts met with little success, the active Militia of the state be- 
ing comprised of but two companies in 1870, one company in 1873, 
and three companies in 1874. Owing to Indian troubles in 1874, the 
Legislature appropriated a militia fund of .$4,000.00. During this 
year approximately 200 men were enrolled as active militiamen and par- 
ticipated in active sei-vice with Indians. In 1879 an attempt was made 
to provide for the organization of the JMilitia upon a satisfactory basis 
without results. In 1880 the National Guard Association of Kansas 
was organized and a meeting held in Topeka. A military convention 
of the officers of the ililitia was also called with the view of securing 
legislation providing for an effective Militia organization. This bill was 
presented to the Legislature in session in 1881, pa.ssed the Senate but 
failed of passage in the House. This law finally passed both branches 
of the Legislature in 1885 and became a law. It provided for the divid- 
ing of the state into four brigade districts, the entire state constituting 
a division to be commanded by a major-general. The organization pro- 
vided for by this law consisted of four regiments of infantry, one bat- 
tery of artillery, with approximately 2,000 men. In 1894 this organi- 
zation was reduced to three regiments and in 1897 was redvicod to two 
regiments, which was practically the organization of the National Guard 
up to the passage of the National Defense Act in June, 1917. This act 
provided a strength of 800 enlisted men for each senator and represen- 
tative in Congress from the state, making the total authorized enlisted 
strength for the National Guard of Kansas 8,000 and the necessary offi- 
cers for said troops. Under the provisions of the law, these additional 
troops could not be organized until the Seeretarj^ of War designated 



KANSAS AND KANSANS 959 

what was to be allotted to the state. About a month after the declara- 
tion of war with Germany, in 1917, the Secretary of War allotted to the 
state the following troops, in addition to those already organized: 

One brigade headquarters detachment. 

Three regiments of infantry. 

One regiment of field artiMery. 

One battalion of engineers. 

Two field hospital companies. 

Two ambulance companies. 

One ammunition train. 

One engineer train. 

One field battalion signal corps. 

One squadron of cavalry. 

These troops have all been organized and are now training prepara- 
tory to being called into the federal service on August 5th. The total 
strength of these organizations and the old organizations, including offi- 
cers and men, is about 10,000. 

The National Guard of Kansas has made great progress and de- 
velopment during the past few years. Correspondence schools have been 
organized for the purpose of giving uniform courses of progressive 
instruction to all officers. These schools are conducted during the win- 
ter months, and school camps of instruction are held during the spring 
in order to permit the officers to make practical demonstration on the 
ground of the theoretical work which they have taken during the winter 
months. In addition to these schools, the commanding officer of each 
organization conducts a school for noncommissioned officers and expe- 
rienced privates. These various schools have been very beneficial to the 
officers of the Guard, and in turn have made them better instructors of 
their organizations. The instruction of the various units of the Guard 
during the winter months is principally done in the armories of the 
organizations, and consists of close order drill, bayonet exercises, guard 
duty, practice with gallery rifles, working of problems on sand tables, 
and lectures. During the summer months the instruction is mostly done 
out of doors and consists of close and extended order drills, rifle prac- 
tice, practice marches and maneuvers. The improvement made by the 
National Guard of Kansas has been repeatedly commented upon by the 
war department, and they have rated the National Guard of Kansas 
among the best in the United States. 

In June, 1916, the National Guard of Kansas was in the Federal 
service for several months on the Mexican border. During this period 
the rate of sickness averaged less than two per cent, and sanitary inspec- 
tors sent out by the War Department reported that Kansas had the best 
sanitation of any of the National Guard ti'oops on the border. Great 
improvement has been made along the lines of sanitation since the Span- 
ish-American war, this being strongly demonstrated by the contrast in 
the sickness and death as a result of sickness in the Spanish-Amei-ican 
war and in the service on the Mexcan border. Kansas troops were in 
the service over six months and only lost one man, and that b.v drowning. 



960 , KANSAS AND KANSANS 

KANSAS ARCHAEOLOGY 
By Geo. P. iloREHOusE 

Few states or localities on earth have turned up more ancient evi- 
dences of a land and region of remote antiquity than Kansas. It is well 
known that quite a part of Central and Western Kansas was once covered 
by a great inland sea, in which lived huge pre-historic monsters of the 
type of the ichthyosaurus, pterodactyle, and large sharks and fishes. 
Gigantic land animals thrived upon a luxuriant vegetation, as proven 
by the enormous teeth, bones, and entire skeletal remains of the mastodon 
and megatherium type. Some of these wonderful specimens are pre- 
served in our Kansas museums and many others have been taken to 
enrich the collections iu eastern universities. 

After examining a fossil fish sent to him from Hamilton County, 
Chancellor Snow said: "Your fine fish probably lived and died when 
what is now Hamilton County, now more than 3,000 feet above the pres- 
ent sea level, was under the salt water ocean. Remains of fishes, sharks, 
and great sea monsters are found abundantly in the rocks of Western 
Kansas, especially along the banks of the Smoky Hill River and its 
branches. The Rocky Mountains were not upheaved when your fish 
lived and died. ' ' 

Whether man lived in eastern part of Kansas during the age above 
mentioned by Chancellor Snow is not known, but we do know, from the 
labors of our few but patient Kansas archaeologists, types of humanity 
have lived in this state for many, many hundreds of years. 

Archaeolog}', in its more limited sense, and as generally treated, 
means anthropology ; as it refers to the concerns and work of the pre- 
historic natives of our nation and state prior to discovery and explora- 
tion by the whites. It thus is the study of mankind from the beginning — 
back to a period of time, when his doings were not recoi'ded in the writ- 
ings of modeim historians. All prior to this is " pre-historie " ; for, while 
some of the American aboriginals had and have historical tradition and 
even some crude written records, yet thej- are so brief, vague and frag- 
mentary, that they are not accepted as genuine history. 

The united efforts of the archaeologists and geologists of Europe have 
lirought to light interesting facts regai'ding the primeval inhabitants 
of that country. In like manner, the study and exploration of our west- 
ern country will add many interesting chapters to our knowledge of 
ancient Kansas. Right here within the domains of this central state, 
midway between the oceans. Great Lakes and Gulf, where crossed the 
pre-historic highways of ancient commerce, is one of the richest archae- 
ological fields and one which has only been imperfectly explored. 

The idea which many have had, including our early Kansas historians, 
that "Kansas cannot boast of a remote antiquity, that her soil never 
liecame the scenes of stirring events until of late years" — as one of them 
once wrote — is far from correct. Our historical writers have been kept 
so bu.sy with the known, active, throbbing life of the state during its 



KANSAS AND KANSANS 961 

period of conquest, its boi'der and Indian warfare, its Civil war agitation 
and its modern development and progress, that they have neglected the 
investigation of the things which archaeology is bringing to light. 

While few, if any, commonwealths have paid more attention to its 
known history during its formative period and development, yet, Kansas 
has taken but little interest in its pre-historic annals as recorded in the 
testimony of the rocks and the many relics found in its ancient river 
beds, its mounds, and in its manj- Indian village sites. But now that the 
state has become rich and prosperous, it has more time to devote to those 
arts and sciences, which, while not considered necessary, add much to the 
general intelligence and the state pride of its citizens. 

The early neglect, under state authority, to explore and gather 
archaeological relics has been unfortunat-e, for skilled parties from other 
states have come here and developed many inviting fields and taken 
thousands of priceless relics to distant states and museums. 

Mr. J. V. Brower, of St. Paul, Minnesota, who conducted extensive 
explorations for several years, subsequent to 1896, along the Kansas Val- 
ley and some of its tributaries, took from the 100 or more village sites 
explored nearly 10,000 specimens to the museum of the Minnesota His- 
torical Society. 

Had the Kansas authorities encouraged and worked in conjunction 
with Mr. Brower, this fine collection and other fruits of his labors might 
have been saved to the state. "While the State Historical Society has, 
during the years, become possessed of numerous and rare archaeological 
specimens, it could have had many times more by proper attention. Until 
recently, it has taken little interest in the matter, but is now prepared 
to build up a great museum along this line. 

At the nineteenth biennial session. Secretary William E. Connelly 
presented the matter of the need of an archaelogical department sec- 
tion. This was followed by the appointment of an archaelogical commit- 
tee, composed of the following persons: Geo. P. Morehouse, chairman; 
Mark E. Zimmerman, of White Cloud; George J. Remsburg, of Potter; 
AUen Jesse Reynolds, of Ottawa ; Christian Bernhardt, of Lincoln ; John 
J. Arthur, of Topeka; and John T. Keagj', of Alma. This committee is 
doing much to encourage the owners of small collections of relics to 
donate them to the society's museum, where they will be properly pre- 
served and displayed, and also to induce those having large collections 
to hold them in trust for the state to which they really belong. 

A few yeai-s ago, a rare Aztec chart of great age was found among 
the remnants of the Kansa or Kaw Indians by Geo. P. ^Morehouse, their 
official historian. It is one of the most interesting hieroglyphical scroll 
records ever found regarding the Aztecs, and is clearly wrought upon a 
sort of fibre cloth eighteen feet long by eight inches wide. Upon it is 
traced hundreds of characters, emblems, sign and miniature pictures, 
symbols of wars, battles, victories, defeats, councils and courts with a 
chronological calculation running along the narrative. Harvard profes- 
sors say that it is a record of 200 j^ears of the history of the Aztec 
people, after they loft that unknown island of the Aztlan, from which they 



962 KANSAS AND KANSANS 

came to Mexico. But how and when did the Kansa Indians find this pre- 
historic document and wliy did they keep it for generations among the 
sacred and prized relics of the tribe ? 

Wiieu did mankind first inhabit Kansas or the regions contiguous to 
it, will always be an interesting question for the scientist. Until the 
past few years, it has been considered that the immediate ancestors of 
some of our known Indian tribes were our first settlers — say within 4 or 
500 years. That far back is proven from the testimony of the earliest 
Spanish and French explorers, who — during the period of Cabeza de 
Vaca in 1536; Coronado in 1541; Onate in 1601; Marquette in 1673; 
Dutisne in 1719 ; Bourgmont in 1724 ; Jesuit Fathers as early as 1727 ; — 
fovmd by personal exploration or from information, that Indians were 
then inhabiting what is now Kansas, during those dates. Of course, the 
first coming of man to this state was long prior to those above dates ; for, 
some of those explorers found the Indian fairly well established along 
certain of our river valleys, where it was then evident they had lived 
for many years. 

But within a few years past, discoveries have been made which throw 
new light upon the antiquity of man in Kansas, and seem to prove that 
he was here many thousands of years ago. In 1902, the scientists of the 
world were startled by the discovery of the skeleton of the "Lansing 
man" which was unearthed near Lansing, Leavenworth County, while 
some parties were digging a deep tunnel. It was found far below a stra- 
tum of earth and rock, imbedded in river loess. Eminent scientists from 
various parts of the United States critically explored the location of the 
relic and reported thereon. They found that the probable age of this 
remarkable find was from 10,000 to 35,000 years old. From other dis- 
coveries, it is almost certain that man lived within the preseiit borders 
of our state as far back as the Glacial period — possibly before. 

The more thorough explorations will probably reveal — if it has not 
already done so — the relics of man along with that of the extinct animals 
found in the ancient glacial drifts of Eastern Kansas and in the beds 
of our pre-historic seas in the western part of the state. 

It is now an accepted fact that men were living in the Mississippi Val- 
ley and along its tributaries when the mastodon and the elephant lived 
in and browsed upon its forests, and in New Jersey when the walrus and 
reindeer from Greenland reached that far south. 

Relies of mankind and extinct animals are found in tlie gold bearing 
gravels of California and Colorado ; and right near us in Nebraska arrow 
and spear points are found from fifteen to twenty feet below the gi'ound 
surface, and in the loess covering the ancient lake beds of our neighbor- 
ing state, mixed with the bones of the early American elephant. 

Years ago (1880), the Scientific American in commenting upon a 
report of Judge E. P. West regarding archaeological explorations in 
Kansas said : 

It presents a large amount of evidence to show that at a remote period 
that region was peopled by a race with which the mound builders must 
be accounted modern. . . . Prior to the drift epoch the river chan- 



KANSAS AND KANSANS 96:5 

nels were deeper than now and the river valleys were lower. Subsequently 
the valleys were filled by lueustrine deposit of considerable depth. In 
or beneath this deposit the remains of an extinct race occur. Here we 

have a buried race enwrapped in a profound and startling mystery a 

race whose appearance and exit in the world's drama precede stupendous 
changes marking our continent, and which perhaps require hundreds of 
thousands of years for their accomplishment. The prize is no less than 
determining when this mysterious people lived, how they lived, when they 
passed out of existence, and why they became extinct. " 

The explorations referred to were principally along the second bot- 
tom or terraces of the Kansas Valley in Douglas, Pottawatomie, Riley, 
Dickinson and Ellsworth counties,— also in the counties of Marion and 
Lincoln, in which the digging of wells and other excavations, stone and 
flint artifacts, bones and bone implements, pottei->- and other relics of 
man were found from twenty to thirty feet below the present surface of 
the ground. The age of these relics and the race using them has been 
placed just after the glacial epoch and before the deposit of the loess 
accumulations. 

One of the prolific sources of information regarding pre-historie Kan- 
sas comes from the relics of various kinds found in the numerous mounds 
which have been discovered and explored by our local archaeologists. 
While the mounds and also those numberless stone, flint and bone 
artifacts found upon the sites of ancient Indian village sites were prob- 
ably used by a race of men hundreds of years this side of those hereto- 
fore mentioned, yet their mute evidence is eloquent with facts touching 
their habits of life, their tribal relations and the extent of their travels 
and influence. 

While the mound builders of Kansas were of a different type than 
those of Ohio, Illinois and Wisconsin, nevertheless, in many respects 
their work is just as interesting and worthy of study. 

There never was a systematic exploration of the known mound and 
ancient Indian village sites of Kansas, and a large part of those which 
were first noticed when the state was settled have been obliterated by the 
cultivation of the soil or by the acts of careless despoilers and most of 
the valuable relics were lost or scattered. 

Thirty or forty years ago one or two of our educational institutions 
made some effort and about twenty years ago the Kansas Historical So- 
ciety had a committee which tried to do some original work ; but having 
no means to pay expenses did not go very far. The most systematic work 
ever done in the state was by some private parties from other states,— 
such as that by Prof. J. V. Brower of St. Paul, Minnesota, and most of 
what such expeditions found went to eastern museums. 

One early Kansas enthusiast was Prof. J. A. Udden of Bethany Col- 
lege, at Lindsborg, who early in the '80s explored several mounds" south 
of the Smoky Hill River and found numerous animal bones, hand grind- 
stones, stone and flint weapons, — implements and pottery, — in all about 
500 relics. The finding of a piece of Spanish chain mail made liim 
think that the site was occupied as late as the earliest western explora- 
tion by the Spaniards of Coronado's time. 



964 KANSAS AND KANSANS 

Two of the most successful recent Kansas archaeologists are George 
J. Remsburg, of Potter, Kansas, and Mark E. Zimmerman, of White 
Cloud. They have discovered and explored numerous pre-historic 
mounds and villages sites in Northeast Kansas and pi'cserved large collec- 
tions of fine relics. Most of their work has been in Doniphan, Atchison 
and Leavenworth counties and has been described in published articles. 
Among the numerous mounds examined by Mr. Remsburg were two upon 
the land of the late Senator John J. lugalls, about five miles below Atchi- 
son ou a bluff overlooking the Missouri River, and Walnut Creek. One 
of these contained the remains of a dozen aboriginals. It was 15 feet in 
diameter, composed of alternate layers of stone and earth, with the 
bones, flint and pottery articles embedded in the earth layers. At Oak 
Mills, he found an extremely ancient and extensive cemetery and hun- 
dreds of flint and stone weapons, implements and potsherds. 

The site of the main village of the "Quans" or the "Grande Village 
des Cansez" which was the famous capital of the Indian nation after- 
wards known as the Kansa, Kanses, Kouzo, and by a hundred or more 
other names, had been a matter of doubt until Jlr. Remsburg found it 
some years ago. 

His proofs are conclusive that tlie Town of Doniphan in Atchison 
County stands upon the site of that ancient Indian settlement, which 
De Bourgmont visited in 1724 with his Fl-ench expedition from New 
Orleans, and at that time found it to be a very old town site — probably 
being the site of an Indian town centuries before occupied by the Kansa 
nation. 

Mark E. Zimmerman, of White Cloud, Doniphan County, heretofore 
mentioned, is doing much to clear up difficult pre-historic problems by 
his zealous archaeological study and explorations. He has made many 
original explorations of mounds and village sites and has an invaluable 
museum of relics as the fruit of his labors. He is a specialist upon the 
significance of the various types of burial mounds and pottery, as show- 
ing the movements of the ancient dwellers of this Westei-n country. He 
claims that the stone cist or vaiilt graves and the shell-tempered pottery, 
as found at the two ancient villages near the mouth of the Nemaha River, 
marks the western limit of the White Pani or AUegwi- Welsh Indians' 
habitat and where that interesting people made their last heroic stand 
and were exterminated by Siouan tribes. Mr. Zimmerman traces this 
people across the country from the mouth of the St. Lawrence to these 
places near the northeast corner of Kansas and where he and others have 
found much of the shell-tempered pottery, the cist graves and even in 
one mound some sixty specimens of the crania of the victims. 

It is claimed, that in all the vast region between the Kansas River 
and the Mandan country of North Dakota, they were the only people 
who made that type of pottery and buried their dead in that manner. 

A very old village site has been discovered about two miles south of 
Topeka, where many relics have been turned up during the past twenty 
or more years. Upon the recent clearing of an adjoining tract of timber 
land, Mr. John Arthur, a Topeka archaeologist, has recently found 



KANSAS AND KANSANS 965 

numerous fragments of an ancient type of potteiy and there is evidence 
that these primitive people cultivated the sheltered bottoms along 
Shunganunga Creek. 

In excavating for the abutments for a bridge on Clark's Creek, near 
Skiddy, Morris County, at the depth of about sixteen feet a sort of oven, 
fireplace or hearth of matched stones fitted together was uncovered some 
years ago. It rested upon a solid ledge or strata of rock, far below the 
present channel of the stream. On and around it were ashes, charcoal, 
bones, some tlint artifacts and a small coin-shaped disk of metal like 
brass. Some seven or eight feet above the fireplace and about the same 
depth below the surface of the earth an oak-tree stump was found, where 
the tree had grown. It was a find that indicated great age. 

About three miles north of Neodesha on the Verdigris River, the site 
of a pre-historie fort and village were found. It must have been a place 
of great impoi-tance, for nothing so extensive exists anywhere else in that 
part of the state. On the highest ground of the site two parallel lines of 
pits appear, the dirt from both lines having been thrown between the two 
lines of pits making an elevated ridge. The form of the fort is rather 
like a horseshoe, opening toward the east. Each of these pits were from 
one to two rods long. Many relics of flint and metal character have been 
found on this site. 

Several mounds and ancient town sites near Lindsborg in McPherson 
County have yielded many specimens — especially one situated between 
two never-failing streams. Many flint implements of various colors have 
been found, which indicate either conquest or barter with distant tribes. 

Large quantities of buffalo bones have been dug up from this old site, 
and it would seem that the buffalo were their principal article of diet; 
also many specimens of pottery were recovered, indicating that the 
inhabitants were skilled in some of the arts. 

Along several streams falling into the Kansas River from the south 
like Gypsum, Holland, Turkey, Lyon, Clarke and other creeks in McPher- 
son, Saline, Dickinson, Morris and Geary counties, many pre-historie 
Indian villages flourished. From the fact that flint hoes, spades and 
other digging implements have been found, it is presumed that their 
ancient owners cultivated small tracts of laud in tlie sheltered nooks of 
those streams. 

Many old village sites have been found and explored along Wild Cat 
Creek in Riley County. When examined years ago, mounds of earth 
seemed to show where permanent earthen lodges once stood and many 
flint chips, knives, arrow and spear points have been gathered. 

Near Broughton on the Republican River burial mounds were found 
along the bluffs and also near Milford, on Madison Creek. 

In Geary County, about three miles north of Alida, an interesting 
excavation of former days can be seen. It was no temporary camp for, 
after probably centuries have passed, it is a well-defined earthwork. 
There are eight or more lodge rings from 25 to 40 feet in diameter. 
Near by are numerous depressions, probably the caved-in remains of 
ancient caches. The site was naturally well fortified by being on high 



966 KANSAS AND KANSANS 

ground with the Republican Valley and River to the east, School Creek 
on the North and a deep depression on the west and must have been a 
noted stronghold. 

Near Ogden, on the south side of the Kansas River, numerous burial 
mounds and evidences of ancient life have been fovmd and explored, and 
large numbers of fine flint, bone and stone artifacts recovered, — all of 
which tell of the habits and customs of pre-historie Kansans. 

On Walnut River in Cowley County, several mounds have been 
noticed, two of which were explored, and many articles found, such as 
grinding stones, bones, potsherds, charcoal, spear and arrow points. 
These were unearthed at a depth of six feet. These two mounds were 
30 feet in diameter, originally 3 or 4 feet high and about 30 rods apart. 

In Marion County, a large heap or mound of shells was found years 
ago; and on bluflt's of Wolf Creek in Coffey County, numerous stone 
heaps have been found in wliich shells of muscles are mixed, such as are 
found so numerous in the Neosho River a mile away and which yield so 
many fine pearls even to this day. These heaps were possibly once 
covered with earth, which the elements have washed away. At the foot 
of the bluff, a probable crematory and many flint arrow points were 
found, — some of which with fragments of pottei-y were several feet below 
the surface where large oak trees 4 feet in diameter had grown. 

In Leavenworth County, on Pilot Knob Ridge near the Fort, six 
mounds in a line and about thirty feet apart have been found. 

Probably the largest remains of the mound builders in Kansas are 
the five or more mounds near Edwardsville, Wyandotte County. While 
they are now about a half-mile from the Kansas River, the indications 
are that they once stood upon the bank of the ancient Kaw, or some other 
stream. 

These mounds are about 5 feet high, 25 feet in diameter and stand 
fifty feet apart. Before the ground was cleared, these mounds were 
hidden by a growth of large oak trees, and all the surroundings indicate 
an ancient piece of work. Many stone and flint implements have been 
found near this place. 

The Kansas mound builders were more migratory than those ea.st and 
left few, if any, remains of walled defenses. They might properly be 
termed prairie mound builders to designate them from those who left 
more pretentious works. 

One of the very important and unique archaeological relics of "Life 
in Old Kansa," is the ruin of an old pueblo twelve miles north of Scott 
City, Scott County. It has been determined by several competent scien- 
tists that these iiiins are the long lost remnants of the pueblo El Quar- 
telejo, which were established about 1702 (some claim as early as 1650) 
by some adventurous Pueblo Indians from the Town of Picuries in New 
Mexico. Originally it was a stone and adobe building of 32 by 50 feet, 
and was divided into seven rooms. 

Probably it was the first walled house ever constructed within the 
present borders of Kansas. In it were found stone, flint and bone imple- 
ments, mealing stones, potsherds, a quantity of charred corn and other 



KANSAS AND KANSANS 967 

things used and found in an Indian pueblo of the Rio Grande, New 
Mexican type. Although most of the walls had been despoiled by early 
Scott County settlers, — who probably wanted the material — enough of 
the foundations remained in 1898 from which Profs. S. W. "Willston 
and H. T. JIartin of the Kansas University derived many interesting 
facts and recovered numerous relics. The result of their labors is found 
in The Kansas University Science Bulletin of October, 1909. 

There is no evidence that Spaniards or other whites had anything to 
do with its construction or ever lived there, and it seems that the Pueblo 
Indian owners of El Quartelejo were soon persuaded by the Governor 
of New Mexico to return to their former home. 

The honor of establishing the first white settlement and govern- 
mental center within Kansas is with the French, who as early as 1727 
maintained a Jesuit mission station and built a fort and trading post 
among the Kansa Indians on the Missouri River prior to 1757 and called 
it "Kansas." The ruins of this old French fort and post were seen by 
the Lewis and Clark Expedition, and are also described in Bougainville 
on French Forts and other early Canadian documents. (See History of 
Kansa or Kaw Nation.) 

In Geary County, on a bluff overlooking the Republican Valley and 
about three and one-half miles northwest of Junction City, four mounds 
were discovered and opened in 1879 by Hon. John Davis, the owner of 
the land. They were arranged in a semi-circle eighty feet apart, — the 
largest being 30 feet in diameter and about 4 feet high and the others 
from 12 to 20 feet in diameter. They were mounds of sepulture, built 
of layers of stone and earth, and the remains of many bodies were found, 
which seemed to have been placed upon the original surface of the 
ground and the mounds built over them. Ftagments of primitive 
pottery or urns with pipes, arrow and spear heads were found. 

It would be interesting to know more about the original people who 
lived upon and around the old William Malotte farm a little east of 
White Church, in Wyandotte County ; for, there, over an extensive area, 
an ancient Indian town flourished in pre-historic times. Probably several 
cultures of aboriginals occupied it at different periods, which accounts 
for the large variety of relics found thereon. The late George U. S. 
Hovey, of White Church, during his many yeai-s of activity, recovered 
hundreds of fine specimens from this site, most of which were included in 
his large collection now in the museum of the Kansas University. 

Among the sites of ancient Indian towns of the pre-historie period 
which have yielded up innumerable stone and flint artifacts is the one at 
Diamond Springs in southwestern Morris County. This old site is 
known as the "Town of the Big Spring," for near its center an enor- 
mous spring of fine water bursts from the ground and makes a stream 
several feet wide. This site was discovered along in the '60s when the 
land of the David Rude farm was broken up. Since that time bushels 
of relics of stone and flint material have been recovered, but taken by 
so many people, no very complete collection has been kept together. 



968 KANSAS AND KANSANS 

This shows the unscientific method of many people, at different times, 
exploring a site. 

Years ago, so much material was taken from this place that it was 
supposed to have been worked out ; but, every year, as the soil is worn 
down, more relics are found. A workshop was disclosed with thousands 
of flint chips and fragments of broken artifacts. Probably the fine 
spring, the sheltering trees, and rich bottom nooks, along with a flint 
quariy near by were the causes that boomed this ancient town. 

In the open bottom and within a half mile seem to be the site of a 
terrific battle, in which the defenders of the town went out to me«t the 
attacking forces. The contest was a hot one, for numerous arrow and 
spear points, of two distinct types, were found in large numbers, broken 
and scattered about, where the contending forces met and struggled. 
One type of these war relics is the same as found at the old town — 
being the ordinary blue flint of that locality. The other type, used by 
tlie invaders were arrow and spear points of a much better grade of 
material and workmanship. They were sharper, better pointed and 
made of varieties of agate, gray, white and red colored flint. It appears, 
however, that the attacking forces in that battle failed to take the town. 
As no pottery had been found here, it must have been occupied by a 
tspe of Indian different from many of the villages above noted. 

It would be an interesting contribution to have a Kansas map of the 
location of the many known pre-historic Indian towns and villages, — 
only a few of which have been above mentioned. A true pre-historic 
town does not include those tribal centers where iron articles are found, 
such as knives, gun barrels, axes and numerous other implements which 
were furnished them by the whites. Such places are of comparative 
recent date and can be identified with some modern tribes of Indians. 
But of the ancient pre-historic towns, — the busy center's of aboriginal 
life and activity hundreds of years before the whites knew anything 
about Kansas, — it is not so easy to determine, when and by whom they 
were occupied, or what became of their inhabitants. And yet some of 
them have been so well explored that they have given up many impor- 
tant facts concerning the character and hustling qualities of our 
primeval Kansans. 

In some instances, the more modem Indian village has been built 
upon the very site of an ancient town, about which the later occupants 
knew nothing in fact or by tradition. Upon some sites, as many as three 
entirely different types or cultures have been found, which show like the 
slicing down of a layer cake, and the investigations have proven that 
the implements of warfare, agriculture, etc., of each strata, w^ere entirely 
different in character and workmanship and must have belonged to 
people living at different ages. This is perfectly natural, for the nomad 
was no tyro as a town boomer and in selecting a good town site was 
often more skilled than his white brother, — as proven by some of the 
great floods along Kansas valleys. The succeeding Indian town pro- 
moters were very liable to select the same points of advantage as their 
predecessors, even though the earlier town had been obliterated by the 



IvANSAS AND KANSANS 969 

dust and debris of ages. It is from these pre-historic sites that we have 
found the countless varieties of stone and flint spear and arrow points 
and the many other interesting implements of war and peace, and 
where it is certain that people of diiferent grades of intelligence lived 
long ages before the more modem tribes existed. 

Thus we have seen that there are three principal sources of informa- 
tion from which we derive our archeological or pre-historic knowledge 
concei-ning the first inhabitants of Kansas: (1) The scattered relics 
of man, his bones or workmanship, found here and there deep in the 
ancient drifts of river beds or resting in other hidden places, from 
which they are ofteu thrown up to light; (2) The many ancient mounds 
and cemeteries along our valley slopes or upon slightly bluff promi- 
nences, in which have been preserved the skeletal remains of a pre- 
historic people along with specimens of the tools of warfare and industry 
they used; (3) The numerous old town and village sites which have 
yielded up such rich harvests of stone and flint artifacts such as arrow 
and spear heads, axes and tomahawks, knives and scrapers, spades and 
hoes, mortars and milling stones, specimens of various types of pottery 
and store house caches, and now and then, unique emblems and symbols 
which seem to connect them with former ages of civilization beyond 
the seas. 

These all speak volumes of the intense life and activity of a race of 
early Kansans, who lived and died in a primitive but not indolent 
manner, along tlie rich valleys and upon the fertile prairies now occu- 
pied by the more perfect civilization of modern times. 

While much has been lost in the past by imperfect and careless 
exploration and the lack of proper preservation of what we have found, 
yet, as time passes and our progressive age delves deeper and deeper 
into the earth by more extensive excavation, new and startling facts will 
be revealed and our people will take greater interest in this topic. And 
why not ? For it is bringing to light much interesting pre-historic data, 
which is of so inueli value to the future historian, poet, scientist, and to 
all those students of ancient life in the Sunflower State. 

KANSAS BANKS AND BANKING 

The history of banking in Kansas is a story which has no moral or 
impressive warning bearing on the dangers of rash speculation ; the tak- 
ing of desperate financial chances; unrestrained expansion induced by 
exuberance of animal and intellectual spirits, and firm faith in the 
splendid future of the country, based for years upon nothing but faith ; 
for the outcome of the banking institutions of the state was, finally, 
beyond all predictions — and this, despite the fact that virtually for forty 
years there was at best but a very loose government supervision of them. 
The period of state supervision dates from 1897, and since that year the 
Kansas spirit, the Kansas energj' and the Kansas progressiveness, like a 
stalwart horse of the plains, have been placed in harness and wisely regu- 
lated, without being broken or retarded for the best purposes of society. 



970 KANSAS AND KANSANS 

The Kansas spirit and the Chicago spirit have long been placed in the 
same class. 

Several banks were established in Kansas before any law had been 
passed by the territory under which they could be operated. They were 
not called into existence by the development of agriculture, by the found- 
ing of communities and the growth of local trade, but rather by the great 
overland transportation and supply business which mainly centered at 
Leavenworth and Atchison, and which, during the Civil war, was supple- 
mented by Government work at the western forts. 

When the banks were first coming into being, not only was the 
wild speculation in town sites at its height, but the territorial authorities 
had issued quite a quantity of scrip to supply the dearth of a medium 
of exchange under which the settlers suffered, to meet the expenses of 
political movements and to serve as a protection fund against the anti- 
free sellers. 

As was written by the late George W. Martin: "There were three 
issues of scrip in territory days and, being without a redeemer, it is 
curious to know what became of it. We have occasional inquiries to this 
day as to the value of this paper. There was first the Kansas State 
scrip, issued to pay the expenses of the Topeka Movement. It was signed 
by James H. Lane, president, and J. K. Goodin, secretary. We have a 
piece of this scrip for $20, issued to Timothy Mclntyre, a doorkeeper of 
the Topeka constitutional convention. He was one of the first settlers 
of Topeka. He was born in New Hampshire in 1819 and died in the 
State Hospital, of old age, November 10, 1910. The Chicago Tribune said 
there was $50,000 of this paper issued. 

"Another issue was called the Kansas Protection Fund. We have 
a piece of this for $130, dated February 29, 1856, signed by C. Robinson, 
J. H. Lane, J. K. Goodin and George W. Deitzler. The full amount is 
stated at $23,858, and it was to liquidate losses during the invasion of 
December, 1855. Governor Robinson secured donations in Massachusetts 
to redeem $10,000 of this protection scrip. 

"Another issue is known as Free State warrants. We have two 
samples of this issue, one for $62 and one for $18, dated March 15, 1856, 
signed by George A. Cutler, auditor of state, and issued under act of 
March 15, 1856, defining certain duties of the auditor of state. 

"The Historical Society also has, among its curios, quite a number 
and variety of bank notes issued in Kansas from 1854 to 1862, repre- 
senting institutions at Leavenworth, Lecompton, Sumner, Lawrence, 
' Atchison and Wyandotte. However, we find no mention of organized 
banks at Lecompton and Sumner." 

For several years before the war numerous relief funds were being 
raised in New England and sent to Kansas — not only anti-slavery money 
(which has been estimated at a total of $250,000), but hundreds of 
thousands of dollars to assist Free Soil emigrants and relieve drought 
.sufferers. In one statement of the New England Emigrant Aid Com- 
pany it is stated tbat $455,000 was expended in the Territory of Kansas, 
$100,000 of which Pomeroy used in the drought of 1860. Much of the 



KANSAS AND KANSANS 971 

balance was for town sites, sawmills and hotels. The Kansas National 
Committee, prior to January, 1857, when it dissolved, sent to Kansas 
about $200,000. A report adds : ' ' One-half of this value probably reached 
its destination ; the remainder, during the disordered times of the summer 
and fall of 1856 was interrupted, destroyed or appropriated by the 
numerous bauds of proslavery regulators who infested the landings on 
the upper Missouri, plundering Free State emigrants in the name of 
law and order." 

It was in the midst of such chaotic conditions, the territorial Legis- 
lature of Kansas passed its first banking law. On January 29, 1857, an 
act was passed making it unlawful for any company or association to be 
formed for banking purposes, without authorit}' from the Legislature. 
It was also made unlawful to subscribe for such purpose. The penalty 
for its violation was a fine ranging from $400 to $1,000, or imprisonment 
of from six months to twelve. The act establishing the Kansas Valley 
Bank at Leavenworth was approved on February 19th of the same year. 
It provided for branches at Atchison, Lecompton, Doniphan, Port Scott 
and Shawnee. As an anomaly of nature, it may be stated that though 
the Leavenworth parent was never born, a vigorous son sprang into 
being at Atchison. Furthermore, the act made the branches entirely 
independent of the trunk ! 

An official examination of the books of the Atchison branch showed 
that 50 per cent of its authorized capital stock had been paid in and 
that the other terms of its charter had been complied with; so that it 
commenced business February 18, 1858, the charter of the Kansas Valley 
Bank having been repealed on the 3d of the month. 

Three banks were incorporated by the act of February 11, 1858 — the 
Lawrence Bank, the Bank of Leavenworth and the Bank of Wyandotte. 
The authorized capital stock of each bank was $100,000, which was to 
be divided into shares of $100 each, and the affairs of each institution 
were to be managed by a board of eight directors. Se.ction 12 of the act 
provided that "whenever the directors of either bank shall deposit with 
the comptroller an amount of the state bonds of any interest paying 
state in the Union, or of the United States, equal in value to $25,000, 
at the current rates of the New York Stock Exchange, and shall satisfy 
said ofSeer that thej' have on hand $2,500 in specie for the purpose of 
redeeming notes of the bank, then the comptroller shall countersign 
$25,000 of said circulating notes and return them to the president for 
use; and it shall then be lawful for said bank to use said notes as 
currency. ' ' 

On February 7, 1859, the Legislature passed an act authorizing the 
establishment of savings banks, and under its provisions was organized 
the Lawrence Savings Bank. 

But before any of the banks organized under the territorial laws could 
be fairly established, except possibly the "Atchison branch," Kansas was 
admitted into the Union as a state (January 29, 1861). The status of 
those already authorized was in no wise altered, but, under the state 
government, the conditions under which other banks could be established 
were materially changed. 



972 KANSAS AND KANSANS 

The Wyandotte Constitution contained a provision that no bank 
should be established except under a general banking law, and that no 
banking law should be in force until after it had been submitted to a 
vote of the people at a general election and approved by such popular 
vote. The first State Legislature, which met in March, 1861, passed a 
general banking law containing the following provision : ' ' Whenever 
any person or association of persons, formed for the purpose of banking 
under the provisions of this act, shall duly assign or transfer in trust 
to the auditor of this state, any portion of the public stock issued, or to 
be issued by the United States, or the stocks of the State of Kansas, said 
stocks to be valued at a rate to be estimated and governed by the average 
rate at which said stocks are sold in the city of New York, at the time 
when such stocks may be left on deposit with the auditor of state, such 
person or association of persons shall be entitled to receive from the 
auditor an amount of circulating notes of different denominations regis- 
tered and countersigned, equal to and not exceeding the amount of 
public stocks assigned and transferred as aforesaid." 

Under the law, the stockholders were also required to give a bond 
to the auditor for an amount equal to one-fourth of the notes issued ; also 
a certificate to the effect that 10 per cent of the capital stock had been 
paid in specie, which was to remain as security in the vaults of the bank. 
No bank was to be authorized with a capital stock less than $50,000. 
Annual statements showing the financial condition of the bank on a date 
certain were also required. In the event that a bank .should fail to 
redeem its notes on demand, they might be protested, and, if not paid 
in twenty days, the auditor of state was authorized to give notice that 
they would be paid out of the trust funds. Note holders could recover 
damages from the bank. The law ratified at the general election of 
November 5, 1861, by a vote of 4,655 to 2,807, but before it could fairly 
be tested Congress passed the National Banking Law, and the banks of 
Kansas which continued to do business under their old charters were con- 
fined to institutions of discount and deposit. 

Notwithstanding that the State Supreme Court decided that the state 
could only authorize the formation and operation of discount and deposit 
institutions, which are in reality not banks in full application of the word, 
banks which carried on a general business were authorized by the Legis- 
lature, and the banking affairs of the commonwealth were rather loosely 
regxilated until the passage of the Kansas General Banking Law of 1891. 

Perhaps the most important measure passed within this uncertain 
period was that relating to the reception of funds by any official of the 
bank after he knew it to be insolvent. By act of March 12, 1879, it was 
made unlawful for "any president, director, managei', cashier or other 
officer of any banking institution, to assent to the reception of deposits, 
or the creation of debts by such banking institution, after he shall have 
knowledge of the fact that it is insolvent or in failing circumstances." 
The act also made it the duty of every officer, director, agent or manager 
of any banking institution to examine into the affairs of the same and, if 
possible, know its condition. Another act of the same date provided that 



KANSAS AND KANSANS ^T.i 

any officer of a bank receiving deposits, or assenting to the creation of 
debts when such bank shall be in an insolvent condition, should be 
deemed guilty of larceny and "punished in the same manner and to 
the same extent as is provided by law for stealing the same amount of 
money deposited, or other valuable thing, or if loss occur by reason of 
such deposit." 

The conditions which prevailed two years before the passage of the 
State Banking Law of 1891, and which made it so necessary that such a 
measure be inaugurated at once, are thus set forth by Governor Hum- 
phrey in his message to the Legislature of 1889: "We have no law 
regulating the important subject of banks and banking. Banks of dis- 
count and deposit are referred to, as banks of issue are forbidden by 
the constitution, except by a vote of the people. Even the general cor- 
poration law does not include banking as one of the many purposes for 
which corporations may be formed, and the only provision on the subject 
is Article 16, Chapter 23, General Statutes, being an act of six sections 
for the organization and incorporation of savings associations. The 
right to incorporate hanks under this act for the purpose of carrying on 
a general banking business has been questioned, and even the constitu- 
tionality of the act assailed in the case of Pape vs. Capital Bank, 20 
K. 440. 

"Notwithstanding this, hundreds of banks over the state have been 
organized and incorporated, not as savings banks, in fact, but to carry 
on a general business. In justice to those who desire to form banking 
corporations, there should be some adequate provision of law for that 
purpose; and in justice to them, as well as to the business public, there 
should be an act regulating the subject of banks and banking generally, 
with some power of examination, inspection and supervision, which might 
be lodged with a bank commissioner, or with the present superintendent 
of insurance." 

Nothing was done at that session, but in 1891 the Legislature passed 
a general banking law whieli formed the foundation of the system which, 
as elaborated, is now in force. Its most important provision. Section 21, 
was the creation of a bank commissioner, in conformity with the gov- 
ernor's recommendation. Four years constituted the term of the new 
official, who was to be appointed by the governor and confirmed by the 
Senate. A deputy bank commissioner was also provided for. No person 
connected with a bank, or interested financially in it, was eligible for 
either office. The commissioner and the deputy are required to furnish 
$20,000 and $10,000 bonds respectively. Every bank doing business in 
the state except national banks, must be visited by the commissioner, or 
his deputy, at least once a year, or oftener if necessary, for an investiga- 
tion into the financial standing of the institution. 

By the provisions of the law, the commissioner and his deputy are 
empowered to investigate all persons connected with banks when making 
an investigation and report the same in writing. A graduated fee was 
to be charged for these examinations, ranging from $5 for banks of 
$5,000 capital stock to $20 for banks of $50,000 capital stock and over. 



974 KANSAS AND KANSANS 

It was also provided that the bank commissioner conld call on all banks, 
except national, at any time for a report of their condition, and four 
such reports were to be made each year. When a bank became insolvent 
it was made the duty of the bank commissioner to take charge of it until 
a receiver could be appointed. By the law creating the ofiSce of com- 
missioner, he was required in each even numbered year to report to the 
governor the "names of the owners or principal officers, the paid-up 
capital of each, the number of banks in the state, the name and location 
of each, and the number and dates of examination and reports of and 
by each." 

Charles F. Johnson of Oskaloosa was the first bank commissioner, who 
served from 1891 to 1893. He was succeeded by John W. Briedenthal 
of Chetopa, whose term covered 1893-1900. Then came Morton Albaugh 
of Kingman, 1901-04; William S. Albright, Le<ivenworth, 1904-05,: 
Joseph N. Dolley, Maplehill, 1909-1913; Charles M. Sawyer, Norton, 
1913-14; William F. Benson, El Dorado, 1914-17; Walter E. Wilson, 
Washington, 1917— 

A second law was passed in 1897 by which banks were required to 
secure a charter of incorporation from the state, and when all its require- 
ments were complied with, the commissioner was empowered to issue a cer- 
tificate authorizing the bank to transact business. The law of 1897 was 
far more comprehensive than that of 1891. Of its sixty-five sections, 
perhaps the chief provisions are as follows : Giving five or more persons 
power to form a corporation for banking purposes ; no two banks in the 
state to be permitted to operate under the same name; the building 
owned by the bank as a place of business not to equal in value more 
than one-third of the capital stock; stockholders to be liable for a sum 
equal to the par value of their holdings; banks organized prior to the 
passage of the act to conform to its provisions ; receiving deposits by any 
officer after knowledge of the bank's insolvency, or impending insolvency, 
making the offender liable to a fine not exceeding $5,000, or imprisonment 
in the penitentiary from one to five years, or both ; no bank to be per- 
mitted to do business without legislative authority, and the bank com- 
missioner to retain the duties previously conferred upon him. 

The act of 1901 placed trust companies under the banking laws of the 
state, especially as regards the impairment of capital and insolvency; 
that of 1903 provided that no bank should be established with a capital 
of less than $10,000, and that every officer of an incoi-porated bank 
should hold at least $500 of its stock as long as he was thus identified 
with it. 

The act of March 6, 1909, has been defined as ''doubtless the most 
radical and far-reaching law on the subject of banking ever passed by 
the Kansas Legislature." It provides for the security of depositors iu 
the incorporated banks of the state, creates the bank depositors' guaranty 
fund of the State of Kansas, and lays down regulations and penalties. 
Principal features of the law: Any incorporated state bank with a 
paid-up surplus equal to one-tenth of its capital might participate in the 
benefits of the guaranty fund, and the bank commissioner was authorized 



KANSAS AND KANSANS 975 

to issue a certificate to that effect; before such certificate be issued, the 
bank was required to deposit with the state treasurer for each $100,000 
of deposits, or fraction thereof, $500 in bonds of the United States, the 
State of Kansas, or some minor political division of the state, and in 
addition pay a sum equal to one-twentieth of 1 per cent of the average 
deposits; when any bank should be found insolvent the bank commis- 
sioner to take charge, issue to the depositors a certificate bearing interest 
at the rate of 6 per cent per annum, and if the bank's assets should 
prove insufficient to pay the depositors, then the certificates should be 
redeemed from the guaranty fund; national banks, by reorganizing, 
might become guaranty banks ; any bank guaranteed under the provisions 
of the act that should receive depasits continuously for six months in 
excess of ten times its capital and surplus should be deemed guilty of 
violating the law and forfeit its guaranty rights and privileges. 

Regarding the opposition which developed on the part of the national 
banks, during that period, a writer of the times says: "Soon after the 
passage of the law, opposition on the part of the national banks of the 
state developed, because it was feared that the guarantee of deposits in 
the state banks would give those institutions an undue advantage. 
Governor Stubbs, Bank Commissioner Dolley and Attorney-General 
Jackson went to Washington to confer with the United States attorney- 
general, and some national banks went also to present their side of the 
case. Attorney-General Wickersham upheld the law, and when it became 
apparent that it was the intention of the opponents of the law to bring 
an action in the Federal Court, the state forestalled the movement early 
in August, 1909, by instituting proceedings to enjoin certain persons and 
bankers from interfering in any way with the enforcement of the law. 
At the same time the attorney-general asked the Supreme Court for a 
writ of mandamus to make it necessary for the bank commissioner and 
the state treasurer to carry out the provi.sions of the law. The question, 
however, was finally carried to the Supreme Court of the United States, 
which upheld the law, and the state banks of Kansas were thus placed 
upon a basis of security surpassed by no state in the Union. ' ' 

In common with all the states of the Union, Kansas was radically 
affected by the national financial legislation of 1915, especially by the 
passage of the Federal Re.sei've Act, by which the vast financial resources 
of the United States guaranteed the security of its banks, and the farmer 
was enabled to borrow money in promotion of his interests on the most 
favorable terms. The nation was divided into twelve districts, with a 
central reserve bank in each district. The Tenth district included 
Kansas, Nebraska, Colorado, Wyoming and parts of Missouri, Oklahoma 
and New Mexico, its central bank being established at Kansas City, 
Missouri. The third annual report of the Federal Reserve Board for the 
period covering July 15-December 31, 1916, indicated that the banks in 
the twelve Federal Reserve cities had handled 28,884,676 items repre- 
senting $12,538,260,555, of which the Kansas City Bank had handled 
1,562,860 items valued at $845,154,257. 

Having thus delineated the complications iuid ditficuUies which at- 



976 KANSAS AND KANSANS 

tended the establishment of the banking system of Kansas, with a 
notice of some of the more important measures which promoted its devel- 
opment, the reader may reasonably expect mention of the pioneer banks 
of the state from which those now in existence have sprung. No better 
record of such has been made than by George W. Martin, the lamented 
secretary of the Kansas State Historical Society, in a paper read before 
the Kansas Bankers' Association at its annual meeting held at Topeka, 
May 23, 1912. From it the writer makes the following generous extract: 
"When we consider the strength and importance of the banking interests 
of Kansas today, as in other lines of activity, the wonder is how a start 
was ever made. The first advertisement of a bank in Kansas appeared 
in the Leavenworth Herald of July 12, 1856. It was called the ' Banking 
and Exchange Office of C. P. Bailey, Jr., & Co., Delaware street, Leaven- 
worth.' It reads thus: 'Buy and sell time and sight bills on the prin- 
cipal cities in the United States at the most favorable rate. Collections 
made and proceeds promptly remitted at current rates of exchange. 
Interest allowed on time deposits. Exchange for sale on the Royal Bank 
of London.' Then followed a list of ten references. In his History of 
Leavenworth County, H. Miles Moore says: 'Mr. Bailey opened up in 
a little one-story frame building on the north side of Delaware street 
between Main and Second. Mr. Bailey was a timid man and his money 
more so. As things progressed rapidly in the summer and the boys 
began to get a little gay with their guns, he thought the town was getting 
too rapid for him, and he pulled up stakes and returned to Ohio, bank 
and all.' Cutler's History mentions this as the first bank, but says its 
life was neither long nor vigorous. 

"The fir.st bank failure was that of the City Bank of Leavenworth. 
It was opened in the winter of 1856-57. Henry J. Adams, the first 
Free State mayor of Leavenworth, was president; A. C. Swift, cashier, 
and F. G. Adams, a brother of the president and for twenty-four years 
secretary of the State Historical Society, was also interested. It was a 
bank of is.sue, and was located on Delaware street between Second and 
Third. It failed during the crisis of 1857, with heavy loss to its owners. 
A number of red-back two dollar bills of this bank are still in existence. 

"In Sutherland's directory of the city of Leavenworth for 1859-60 
there are eight banks advertised. In the list are the following, which 
made great fame subsequently, in various ways : D. R. Anthony ; Clark, 
Gruber & Company ; J. C. Hemingray & Company ; Scott, Kerr & Com- 
pany, and Smoot, Russell & Company. From other sources it is learned 
that from 1857 to 1859 four other attempts at banking were made, two 
of which left their mark — J. M. Larimer and J. W. Morris. 

"Smoot, Russell & Company opened a bank in the fall of 1855 at the 
southeast corner of Main and Shawnee, in a stone building, the north 
wall of which still stands This was one of the largest and most im- 
portant private banks in the "West. When the Majors, Russell & Wad- 
dell government freighting eoneem was removed, the bank was suc- 
ceeded by that of J. C. Ilemingraj^ & Company in the same place. L. R. 
Smoot, W. H. Russell and W. B. Waddell were directors of the Atchi- 



KANSAS AND KANSANS 977 

sou branch of the Kansas Valley Bank of Leavenworth, which was 
authorized by act of the Legislatui'e of 1857, but never materialized, 
although the Atchison branch was organized. 

"In this connection, it is proper to speak of the immense business 
opened up in Leavenworth, in the fall of 1855, by the Government Over- 
land Transportation Company of Majors, Russell & Company. It built 
stores, blacksmith shops, wagon and repair shops, and employed annually 
over four hundred wagons, 7,500 head of cattle and about 1,000 men. 
In 1858, upon receiving a contract for the Government freighting for 
General A. S. Johnston's army to Utah, it increased operations to the 
employment of 4,000 men, 3,500 wagons and teams, with over 40,000 oxen 
and 1,000 mules to haul the supplies. This company also had a contract 
with the Government for beef cattle, and, it is said, had many contracts, 
to the amount of more than $1,000,000 a year. For the years 1855 and 
1856 their profits footed up to about $300,000. W. H. Russell was the 
financial genius of the firm, as well as of the Central Overland California 
& Pike's Peak Express Company, of which he was president and man- 
ager. The founder of the freighting concern, Alexander Majors, the 
transportation genius, had begun his career fi-eighting to Santa Fe in 
1848, with an outfit of six teams. There is a memorial window in his 
honor in the dome of the capitol at Denver, where he died in 1899. 

"On January 29, 1857, the Territorial Legislature passed an act pro- 
viding that every company or association of persons formed for banking 
purposes within the territory, and without an act of the Legislature 
authorizing the same, should be deemed unlawful. The first bank author- 
ized by legislative act was that of the Kansas Valley Bank of Leaven- 
worth, capital stock $800,000, with five branches at Atchison, Lecompton, 
Doniphan, Foi't Scott and Shawnee, Johnson County. The capital stock 
of the branches was to be $300,000 each. For the Leavenworth bank the 
following men were named to take subscriptions to the capital stock: 
William F. Russell, A. J. Isaacs, William H. Rogers, William F. Dyer, 
F. J. Marshall and James M. Lyle. The Leavenworth bank never was 
formed, and the Atchison branch was the first to start out under act of 
the Legislature. 

"Isett, Brewster & Company conducted the first legitimate banking 
business at Leavenworth, in a building erected for that purpose alone, 
and still standing in 1906. John Kerr was the company and manager. 
In three years Isett & Brew.ster sold out their interest to Lyman Scott, 
Sr., and the bank became Scott, Kerr & Company. Mr. Kerr sold to 
the Scotts (1865-66) and moved to Texas, where he continued in the 
banking business. Scott & Company continued until 1874, when the bank 
was absorbed by the First National Bank. The Scotts held the con- 
trolling interest in these banks for many years. They were Lyman, Sr., 
Lyman, Jr., and Lucian, who was either president or cashier for over 
twenty-five years. 

"The First National Bank of Leavenworth, organized in 1863 or 1864 
(chartered in 1863 — Editor), was also the first national bank in the 
state. Its history is peculiar in the personnel of its officers and (lirer- 



978 KANSAS AND KANSANS 

torate, and their connection with affairs of state. Thomas Carney, gover- 
nor in 1863-64, was the first president and one of the organizers and 
directors. At a most critical time in the state's history, he advanced his 
private means and saved the ei-edit of the state. He gave $1,000 for relief 
of the Quantrill-raid victims, and made the first subscription of $5,000 
to the State University. Politics in the end got him. Robert Crozier, 
cashier in 1871, was district attorney in 1861, chief justice in 1864, 
United States senator in 1873-74, and judge of the First district, 1877-93. 
It was May 24, 1871, while he was cashier of the bank, that he, in behalf 
of the bankers of Leavenworth, requested Governor Harvey to issue a 
proclamation declaring May 30th a day for public fasting and thanks- 
giving, thus calling out the first proclamation for the observance of 
Decoration day in this state. (A footnote here states that Decoration day 
originated with General John A. Logan, who, on May 5, 1868, as com- 
mander-in-chief of the Grand Ai'my of the Republic, issued an order 
appointing May 30th of that year to be set aside for decorating the gi'aves 
of the comrades of that body — Editor.) This letter is filed in the 
archives department of the State Historical Society, with a copy of the 
proclamation. 

"Edmund N. Morrill, who succeeded Lucian Scott as president of the 
First National, was congressman in 1883-91, governor 1895-97, a member 
of the Free State Legislature of 1858, major in the Civil War, state 
senator for two terms, organizer of the first bank in Hiawatha (1871, 
Bamett, Morrill & Company), and a director of the Interstate National 
Bank of Kansas City, Mo. Alexander Caldwell succeeded Governor 
Mon-ill as president in 1897. He had been a banker in Pennsylvania; 
came to Leavenworth in 1861, where he organized the firm of A. Caldwell 
& Company, United States ti'ansportation contractors. This firm did 
an immense business freighting government supplies to the frontier forts, 
requiring the use of 5,000 wagons, 50,000 animals and the employment of 
from 5,000 to 10,000 men. Mr. Caldwell was president or vice president 
of two railroads, a builder of railroads and bridges and head of the 
Kansas Manufacturing Company and of the Idaho & Oregon Improve- 
ment Company for location of towns, canals and irrigating ditches. 

"The First National Bank absorbed the bank of Insley, Shire &