lowing, under regulations imposed by that Com- | mittee, "for members of a Convention to form a Constitution, adopt a Bill of Rights for the people of Kansas, and take all needful measures for organizing a State Government, preparatory to the admission of Kansas into the Union as a State." The rules prescribed were such as usually govern elections in most of the States of the Union, and in most respects were similar to those contained in the proclamation of Gov. Reeder for the election of March 30, 1855. ritory, and in nearly every precinct. The State movement was a general topic of discussion throughout the Territory, and there was but little opposition exhibited to it. Elections were held at the time and places designated, and the returns were sent to the Executive Committee. The result of the election was proclaimed by the Executive Committee, and the members-elect were required to meet on the 23d day of October, 1855, at Topeka. In pursuance of this procla mation and direction, the Constitutional Convention met at the time and place appointed, and formed a State Constitution. A memorial to Consion of Kansas into the Union under that ConstiThe Convention also provided that the question of the adoption of the Constitution and other questions be submitted to the people, and required the Executive Committee to take the necessary steps for that purpose. The Executive Committee, appointed by that Convention, accepted their appointment, and entered upon the discharge of their duties by issu-gress was also prepared, praying for the admising a proclamation addressed to the legal voters of Kansas, requesting them to meet at their seve-tution. ral precincts, at the time and places named in the proclamation, then and there to cast their ballots for members of a Constitutional Convention, to meet at Topeka on the 4th Tuesday of October then next. Accordingly, an election was held for that pur The proclamation designated the places of pose on the 15th day of December, 1855, in comelections, appointed judges, recited the qualifica-pliance with the proclamation issued by the Exetions of voters and the apportionment of members of the Convention. After this proclamation was issued, public meetings were held in every district in the Ter cutive Committee. The returns of this election ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE The Executive Committe then issued a procla- | ded for an election to be held on the 15th day of mation reciting the results of the election of the January, 1856, for State officers and members 15th of December, and at the same time provi- of the General Assembly of the State of Kansas. An election was accordingly held in the several election-precincts, the returns of which were sent to the Executive Committee. An abstract ABSTRACT OF THE ELECTION OF JANUARY 15, 1856. PRECINCTS. Rep. Con., M. W. Delahay-8788A38JAS Att. Gen. H. Miles Moore.. ACRES -------- 211 Lieut. Gov. M. J. Parrott... | 2 | ! | | Gov. C. Robinson..... Lieut. Gov. W. Y. Roberts. 211 Printer. S. B. Floyd... Rep. S. Court. Supreme Judges. M. Hunt...--- Washington. St. Joseph's Bottom Stanton.... Potawatamie Pleasant Hill. Kickapoo.... Leavenworth Lawrence.. Neosho ---- Wyandot Anthony Floyd L The result of this election was announced by a proclamation by the Executive Commit tee. In accordance with the Constitution thus adopted, the members of the State Legislature and most of the State officers met on the day and at the place designated by the State Constitution, and took the oath therein prescribed. After electing United States Senators, passing some preliminary laws, and appointing a Codifying Committee and preparing a Memorial to Congress, the General Assembly adjourned to meet on the 4th day of July, 1856. The laws passed were all conditional upon the admission of Kansas as a State into the Union. These proceedings were regular, and, in the opinion of your Committee, the constitution thus adopted fairly expresses the will of the majority of the settlers. They now await the action of Congress upon their memorial. These elections, whether they were conducted in pursuance of law or not, were not illegal. Whether the result of them is sanctioned by the action of Congress, or they are regarded as the mere expression of a popular will, and Congress should refuse to grant the prayer of the memorial, that cannot affect their legality. The right of the people to assemble and express their political opinion in any form, whether by means of an election or a convention, is secured to them by the Constitution of the United States. Even if the elections are to be regarded as the act of a party, whether political or otherwise, they were proper, in accordance with examples, both in States and Territories. The elections, however, were preceded and followed by acts of violence on the part of those who opposed them, and those persons who approved and sustained the invasion from Missouri were peculiarly hostile to these peaceful movements preliminary to the organization of a State government. Instances of this violence will be referred to hereafter. To provide for the election of delegates to Congress, and at the same time do it in such a manner as to obtain the judgment of the House of Representatives upon the validity of the alleged legislative assembly sitting at Shawnee Mission, a convention was held at Big Springs on the 5th and 6th days of September, 1855. This was a party convention, and a party calling itself the Free-State party was then organized. It was in no way connected with the State move ment, except that the election of a delegate to Congress was fixed by it on the same day as the election of members of a constitutional convention, instead of the day prescribed by the alleged legislative assembly. Andrew H. Reeder was put in nomination as territorial delegate to Congress, and an election was provided for under the regulations prescribed for the election of March 30, 1855, excepting as to the appointment of officers, and the persons to whom the returns of the elections should be made. The election was held in accordance with these regulations, an abstract of the returns of which is contained in the following table: The resolutions passed by this convention indicate the state of feeling which existed in the Territory in consequence of the invasion from Missouri, and the enactments of the alleged legislative assembly. The language of some of the resolutions is violent, and can only be justified either in consequence of the attempt to enforce the grossest acts of tyranny, or for the purpose of guarding against a similar invasion in future. In the fall of 1855, there sprang out of the existing discords and excitement in the Territory, two secret Free-State societies (265). They were defensive in their character, and were designed to form a protection to their members against unlawful acts of violence and assault. One of the societies was purely of a local character, and was confined to the town of Lawrence. Very shortly after its organization it produced its desired effect, and then went out of use and ceased to exist (266). Both societies were cumbersome, and of no utility except to give confidence to the Free-State men, and enable them to know and aid each other in contemplated danger. So far as the evidence shows, they led to no act of violence in resistance to either real or alleged laws (267). On the 21st day of November, 1855, F. M. Coleman, a Pro-Slavery man, and Charles W. Dow, a Free-State man, had a dispute about the division line between their respective claims. Several hours afterward, as Dow was passing from a blacksmith's shop toward his claim, and by the cabin of Coleman, the latter shot Dow with a double-barreled gun loaded with slugs. Dow was unarmed. He fell across the road and died immediately. This was about 1 o'clock P. M. His dead body was allowed to lie where it fell until after sundown, when it was conveyed by Jacob Branson to his house, at which Dow (265) Pat. Laughlin, Francis. (266) G. P. Lowry, A H. Reeder. (267) Lowry, Reeder and M. F. Conway. revenge before I see Missouri." A person present, who was examined as a witness (271), complained publicly that the dispatch was not sent to the governor; and within half an hour one was sent to the governor by Jones, through Hargous. Within a few days, large numbers of men from the State of Missouri gathered and encamped on the Wakerusa. They brought with them all the equipments of war. To obtain them, a party of men under the direction of Judge T. V. Thompson broke into the United States arsenal and armory at Liberty, Missouri, and after a forcible detention of Captain Leonard (then in charge) (272), they took the cannon, muskets, rifles, powder, harness, and indeed all the materials and munitions of war they desired, some of which have never been returned or accounted for. The chief hostility of this military foray was against the town of Lawrence, and this was especially the case with the officers of the law. Your Committee can see in the testimony no reason, excuse, or palliation for this feeling. Up to this time no warrant or proclamation of any kind had been in the hands of any officer against any citizen of Lawrence (273). No arrest had been attempted, and no writ resisted in that town. The rescue of Branson sprang out of a murder committed thirteen miles from Lawrence, in a detached settlement, and neither the town nor its citizens extended any protection to Branson's rescuers (274). On the contrary, two or three days after the rescue, S. N. Wood, who claimed publicly to be one of the rescuing party, wished to be arrested for the purpose of testing. the territorial laws, and walked up to Sheriff Jones and shook hands with him, and exchanged other courtesies. He could have been arrested without any difficulty, and it was his design, when he went to Mr. Jones, to be arrested, but no attempt was made to do so (275). boarded. The testimony in regard to this homicide is voluminous (268), and shows clearly that it was a deliberate murder by Coleman, and that Harrison Bulkely and a Mr. Hargous were accessories to it. The excitement caused by it was very great among all classes of the settlers. On the 26th, a large meeting of citizens was held at the place were the murder was committed, and resolutions passed that Coleman should be brought to justice. In the mean time Coleman had gone to Missouri, and then to Gov. Shannon at Shawnee Mission, in Johnson County. He was there taken into custody by S. I. Jones, then acting as Sheriff. No warrant was issued or examination had. On the day of the meeting at Hickory Point, Harrison Bradley procured a peace warrant against Jacob Branson, which was placed in the hands of Jones. That same evening, after Branson had gone to bed, Jones came to his cabin with a party of about 25 persons, among whom were Hargous and Buckley-burst open the door, and saw Branson in bed. He then drew his pistol, cocked it, and presented it to Branson's breast, and said, "You are my prisoner, and if you move I will blow you through." The others cocked their guns and gathered round him, and took him prisoner. They all mounted and went to Buckley's house. After a time they went on a circuitous route towards Blanton's Bridge, stopping to "drink" on the way. As they approached the bridge, there were 13 in the party, several having stopped. Jones rode up to the prisoner and, among other things, told him that he had "heard there were 100 men at your house to-day," and "that he regretted they were not there, and that they were cheated out of their sport" (269). In the mean time, the alarm had been given in the neighborhood of Branson's arrest, and several of the settlers, among whom were some who had attended the meeting at Hickory Point that day, gathered together. They were greatly excited; the alleged injustice of such an arrest of a quiet settler, under a peace warrant by "Sheriff Jones," aided by two men believed to be accessory to a murder, and who were allowed to be at large, exasperated them, and they proceeded as rapidly Your Committee do not propose to detail the as possible by a nearer route than that taken by incidents connected with this foray. FortuJones, and stopped near the house of J. S. Ab-nately for the peace of the country, a direct conbott, one of them. They were on foot as Jones's party approached on a canter. The rescuers suddenly formed across the road in front of Jones and his party. Jones halted, and asked, "What's up?" The reply was, "That's what we want to know. What's up?" Branson said, "They have got me a prisoner." Some one in the rescuing party told him to come over to their side. He did so, and dismounted, and the mule he rode was driven over to Jones's party; Jones then left (270). Of the persons engaged in this rescue, three were from Lawrence, and had attended the meeting. Your Committee have deemed it proper to detail the particulars of this rescue, as it was made the groundwork of what is known as the Wakerusa War. On the same night of the rescue the cabins of Coleman and Buckley were burned, but by whom, is left in doubt by the testimony. On the morning of the rescue of Branson, Jones was at the village of Franklin, near Law rence. The rescue was spoken of in the presence of Jones, and more conversation passed between two others in his presence, as to whether it was most proper to send for assistance to Col. Boone in Missouri, or to Gov. Shannon. Jones wrote a dispatch and handed it to a messenger. As soon as he started, Jones said: "That man is taking my dispatch to Missouri, and by G-d I'll have (268) Wm. and Nicholas McKinney, D. T. Jones and wife, Thomas Brown, F. M. Coleman and others. (269) Jacob Branson. (270) Jacob Branson. It is obvious that the only cause of this hostility is the known desire of the citizens of Lawrence to make Kansas a Free State, and their repugnance to laws imposed upon them by nonresidents. flict between the opposing forces was avoided by an amicable arrangement. The losses sustained by the settlers in property taken and time and money expended in their own defense, added much to the trials incident to a new settlement. Many persons were unlawfully taken and detained-in some cases, under circumstances of gross cruelty. This was especially so in the arrest and treatment of Dr. G. A. Cutter and G. F. Warren. They were taken, without cause or warrant, 60 miles from Lawrence, and when Dr. Cutter was quite sick. They were compelled to go to the camp at Lawrence, were put into the custody of "Sheriff Jones," who had no process to arrest them-they were taken into a small room kept as a liquor shop, which was open and very cold. That night Jones came in with others, and went to "playing poker at twenty-five cents ante." The prisoners were obliged to sit up all night, as there was no room to lie down, when the men were playing. Jones insulted them frequently, and told one of them he must either" tell or swing." The guard then objected to this treatment of prisoners, and Jones desisted. G. F. Warren thus describes their subsequent conduct: They then carried us down to their camp; Kelly of The Squatter Sovereign, who lives in Atchison, came round and said he thirsted for (271) L. A. Prattier. (272) Luther Leonard. (273) William Shannon, Chas. Robinson. (274) G. P. Lowry and Charles Robinson. (275) Chas. Robinson. blood, and said he should like to hang us on the first tree. Cutter was very weak, and that excited him so that he became delirious. They sent for three doctors, who came. Dr. Stringfellow was one of them. They remained there with Cutter until after midnight, and then took him up to the office, as it was very cold in camp. During the foray, either George W. Clark, or Mr. Burns, murdered Thomas Barber, while the latter was on the highway on his road from Lawrence to his claim. Both fired at him, and it is impossible from the proof to tell whose shot was futal. The details of this homicide are stated by eye-witnesses (276). election and threatened to destroy the ballot-box and were guilty of other insolent and abusive conduct (283). After the polls were closed, many of the settlers being apprehensive of an attack, were armed in the house where the election had been held until the next morning. Late that night Stephen Spark, with his son and nephew, started for home, his route running by the store of a Mr. Dawson, where a large party of armed men had collected. As he approached, these men demanded that he should surrender and gathered about him to enforce the demand (284). Information was carried by a man in the company of Mr. Sparks to the house where the election had been held. R. P. Brown and a company of men immediately went down to relieve Mr. Sparks, and did relieve him when he was in imminent danger (285). Mr. Sparks then started back with Mr. Brown and his party, and while on their way were fired upon by the other party. They returned the fire, and an irregular fight then ensued, in which a man by the name of Cook, of the Pro-Slavery party, received a mortal wound, and two of the Free-State party were slightly wounded. Among the many acts of lawless violence which it has been the duty of your Committee to investigate, this invasion of Lawrence is the most defenseless. A comparison of the facts proven, with the official statements of the officers of the Government, will show how groundless were the pretexts which gave rise to it. A community in which no crime had been committed by any of its members, against none of whom had a warrant been issued or a complaint made, who had resisted no process in the hands of a real or pretended officer, was threatened with Mr. Brown, with seven others who had accom. destruction in the name of "law and order," and panied him from Leavenworth, started on their that, too, by men who marched from a neigh-return home. When they had proceeded a part boring State with arms obtained by force, and who, in every stage of their progress, violated many laws, and among others the Constitution of the United States (277). The chief guilt of it must rest on Samuel J. Jones. His character is illustrated by his language at Lecompton, where peace was made: The said Maj. Clark and Burns both claimed the credit of killing that d-d Abolitionist, and he didn't know which ought to have it. If Shannon hadn't been a d-d old fool, that peace would never have been declared. He would have wiped Lawrence out. He had men and means enough to do it" (278). Shortly after the retreat of the forces from before Lawrence, the election upon the adoption of the State Constitution was held at Leavenworth City, on the 15th of December, 1855. While it was proceeding quietly, about noon, Charles Dunn, with a party of others, smashed in the window of the building in which the elec. tion was being held, and then jumped into the room where the Judges of election were sitting, and drove them off (279). One of the clerks of election snatched up the ballot-box and followed the Judges, throwing the box behind the counter of an adjoining room through which he passed on his way out. As he got to the street door, Dunn caught him by the throat, and pushed him up against the outside of the building, and demanded the ballot-box (280). Then Dunn and another person struck him in the face, and he fell into the mud, the crowd rushed on him and kicked him on the head and in his sides (281). In this manner the election was broken up, Dunn and his party obtaining the ballot-box and carrying it off. To avoid a similar outrage at the election for State officers, etc., to be held on the 15th of January, 1856, the election for Leavenworth District was appointed to be held at Easton, and the time postponed until the 17th day of January, 1856 (282). On the way to the election, persons were stopped by a party of men at a grocery, and their guns taken from them (283). During the afternoon, parties came up to the place of (276) Robert T. Barber, Thomas W. Pierson, Jane W. Colborn and others. (277) Article 4 of the Amendments. (278) Harrison Nichols. (279) Geo. Wetherall. George H. Keller. (280) George Wetherell. (281) George Wetherell, George W Hallis. (282) J. C. Green, Henry J. Adams, Joseph H. Bird. (283) Stephen Sparks. of the way, they were stopped and taken prisoners by a party of men called the Kickapoo Rangers, under the command of Capt. John W. Martin. They were disarmed and taken back to Easton, and put in Dawson's store (286). Brown was separated from the rest of his party, and taken into the office of E. S. Trotter (287). By this time several of Martin's party and some of the citizens of the place had become intoxicated, and expressed a determination to kill Brown (288). Capt. Martin was desirous, and did all in his power to save him. Several hours were spent in discovering what should be done with Brown and his party. In the mean time, without the knowledge of his party, Capt. Martin liberat ed all of Brown's party but himself, and aided them in their escape (289). The crowd repeatedly tried to get in the room where Brown was, and at one time succeeded, but were put out by Martin and others. Martin, finding that further effort on his part to save Brown was useless, left and went home. The crowd then got possession of Brown, and finally butchered him in cold blood. The wound of which he died was inflicted with a hatchet by a man of the name of Gibson. After he had been mortally wounded, Brown was sent home with Charles Dunn, and died that night. No attempt was made to arrest or punish the murderers of Brown. Many of them were wellknown citizens, and some of them were officers of the law. On the next Grand Jury which sat in Leavenworth County, the Sheriff summoned several of the persons inplicated in this murder (290). One of them was M. P. Rively, at that time Treasurer of the County. He has been examined as a witness before us. The reason he gives why no indictments were found is, "they killed one of the Pro-Slavery men, and the ProSlavery men killed one of the others, and I thought it was about mutual." The same Grand Jury, however, found bills of indictment against those who acted as Judges of the Free-State election. Rively says, "I know our utmost endeavors were made to find out who acted as Judges and Clerks on the 17th of January last, and at all the bogus elections held by the Abolitionists (284) Stephen Sparks. (285) George A. Taylor, Stephen Sparks, J. H. Bird. (286) Henry J. Adams, George A. Taylor, W. P. Kirby, John H. Martin, Wiley Williams. (287) Henry J. Adams, J. W. Martin. (288) Wiley Williams, J. W Martin, H. J. Adams. (289) H. J. Adams, G. A. Taylor, J. H. Bird, Wiley Wil liams. (200) M. P. Rively. |