The Middle Period 1817-1858 Part 37

[Sidenote: Governor Robinson's message.]

Governor Robinson understood the situation. In his message to the legislature he recommended "no course to be taken in opposition to the general Government, or to the Territorial government, while it shall remain with the sanction of Congress."

[Sidenote: The new Governor, Shannon, and the "law and order" party.]

In the midst of these movements by the "Free-state" men, the pro-slavery men organized themselves more closely for aggressive action. The new Governor appointed by the President, Wilson Shannon, ex-Governor of Ohio, a man of intelligence and high character, arrived at Shawnee Mission on September 3rd, 1855. The pro-slavery men did not like his appointment. They wanted the acting Governor, Woodson, to be made Governor. However, they received the new Governor with much pomp and ceremony, and succeeded in imposing upon him, at the outset, their view of the situation. On {428} November 14th, they held a pro-slavery convention at Leavenworth. They called it an a.s.sembly of "the lovers of law and order." The Governor presided over it, and made a rather violent speech, in which he declared that the Territorial government had the support of the Administration at Washington. The practical work of this convention was the organization of the "law and order"

party; that is, the party for enforcing the acts and authority of the Territorial government.

[Sidenote: The attempt to enforce the Territorial laws upon the "Free-state" men.]

Naturally a dispute about a land claim furnished the occasion for trying the powers of the Territorial government. In the course of this quarrel, which took place in the latter part of November, 1855, a pro-slavery man, named Coleman, killed a "Free-state" man, named Dow.

The friends of Dow gathered about the spot where his dead body was found, and indulged in threats of vengeance. Among them was one Jacob Branson, who uttered threats against one Buckley, as the instigator of the murder of his friend. Buckley secured a peace warrant against Branson, and put it in the hands of one S. J. Jones, the sheriff, under the Territorial government, of Douglas County. The arrest of Branson under this warrant inaugurated the contest for imposing the authority of the Territorial government upon the "Free-state" men.

[Sidenote: The Branson rescue.]

Sheriff Jones arrested Branson, and started for Lecompton with him, by way of Lawrence. His purpose in going through the head-quarters of the "Free-state" men was undoubtedly to tempt them to the rescue of Branson. But Branson was rescued several miles away from Lawrence by a company of "Free-state" men, under the lead of a Captain Abbott. This party, however, immediately repaired to Lawrence, while the sheriff went to Franklin, and from {429} this place summoned his Missouri friends to his aid, and then reported his trouble to the Governor, and asked for his support.

[Sidenote: The advance of the Missourians on Lawrence.]

The Governor immediately ordered the officers of the Territorial militia to collect the forces, and march to Lawrence. Although the sheriff asked for three thousand men, not one hundred residents of the Territory answered the call of the militia officers; but a great horde came from Missouri. By December 5th, 1855, more than a thousand Missourians had arrived, and had encamped upon the Wakarusa, a few miles to the east of Lawrence. General Atchison was with them.

Naturally the people of Lawrence were much excited, and set about preparing for defence. They constructed several small forts, and organized a military force of some six or seven hundred men, pretty well armed and equipped. They stood a very good chance to win in the trial of battle, but they resolved, most wisely, to rely upon the justice of their cause more than upon the power of their arms.

[Sidenote: Lawrence's demand of protection from Governor Shannon.]

The committee of safety, which was directing matters in Lawrence, sent commissioners to Governor Shannon to enlighten him, from the point of view of the "Free-state" men, in regard to the situation. They made their way to Shawnee Mission, where they were coldly received by the Governor, who charged the "Free-state" men with rebellion against his government. The commissioners disputed his charge, told him that n.o.body in Lawrence had had anything to do with the rescue of Branson, that his rescuers had been warned out of the town as soon as they came into it, and had obeyed the warning, and gave him the committee's message demanding his protection against the invaders.

{430} [Sidenote: Shannon at Lawrence, and his agreement with the "Free-state" men.]

The Governor was somewhat staggered by these statements, and decided to go to Lawrence himself, and examine affairs on the spot. This was just what the "Free-state" men wanted. He arrived in Lawrence on December 7th. Dr. Robinson and Colonel Lane immediately stated the situation and the views of the "Free-state" men to him. The Governor saw, at once, that they were in the right, and could not be attacked.

He recognized, at once, that his task was to send the Missourians out of the Territory. He entered into a sort of written agreement with the citizens of Lawrence, in which the people of Lawrence pledged themselves not to resist the legal service of any criminal process, but to aid in the execution of the laws, when called on by proper authority, and the Governor declared that he had no authority to call upon non-residents of Kansas to aid him in the execution of the laws, had not done so, and would not do so. The last clause provided that nothing in the agreement should be taken as a recognition of the validity of the acts of the Territorial legislature by the "Free-state" men.

[Sidenote: The retreat of the Missourians.]

The Governor felt that he would have difficulty in reconciling the Missourians to his agreement, and insisted that Dr. Robinson and Colonel Lane should accompany him to Franklin, and aid him in his task. The calm statements of the Governor and of Dr. Robinson prevailed, and the Missourians saw the error into which they had been betrayed by the inconsiderate pro-slavery zeal of Sheriff Jones.

General Atchison told his followers plainly that Dr. Robinson's position was impregnable, and that if they should persist in an attack upon Lawrence, contrary to the Governor's orders, they were only a mob. He added, that such a movement was not only without show of legality, but would ruin the Democratic {431} party, and cause the election of an Abolitionist President the next year. By these efforts and representations on the part of the Governor, Dr. Robinson, and General Atchison, the Missourians were induced to break camp and turn their faces homeward.

[Sidenote: John Brown.]

At the moment of this victory of the "Free-state" men, won by moral forces and diplomatic address, appeared the Loki of Kansas "Free-state" history, John Brown. He mounted a box in one of the streets of Lawrence, railed and ranted against the settlement which had been reached, and breathed out words of slaughter and pillage, until some man of common sense pulled him down, and stopped his murderous canting babble.

[Sidenote: Shannon's report to the President.]

The Governor reported the affair to the President, expressed to him his forebodings as to the future, and suggested that he be allowed to call upon the United States troops stationed at Fort Leavenworth at his discretion, as a call for the militia would only end in a party struggle. This communication seems to have opened the eyes of the President, for the first time, to the true situation.

[Sidenote: The appeal of the "Free-state" men to the President.]

The "Free-state" men now addressed the President and demanded his protection against another invasion from Missouri, which they claimed was in preparation. On January 23rd, 1856, the leaders at Lawrence telegraphed the President that the outrage was on the point of consummation, and besought the President to issue his proclamation, at once, forbidding the invasion. At the same time, they informed certain members of Congress and the Governors of certain Northern Commonwealths of the impending danger; and they sent commissioners into the Northern Commonwealths to inform the people of the {432} North in regard to the situation in Kansas, and to appeal to them to emigrate thither in sufficient numbers to save the Territory against the pro-slavery movement.

[Sidenote: The President's proclamation.]

The agitation became now so general throughout the country, that the President felt constrained to interfere. On February 11th, he issued his proclamation, in which he warned all persons concerned that "an attempted insurrection" in the Territory of Kansas or "an aggressive intrusion into the same" would be resisted by the employment of the United States troops in Kansas, as well as the local militia; and called upon all good citizens outside of Kansas to abstain from intermeddling with the local affairs of the Territory, and upon all good citizens in Kansas to render obedience to the laws.

[Sidenote: The situation made more embarra.s.sing for the "Free-state"

men.]

The "Free-state" men did not regard the proclamation as particularly friendly to them. While it forbade invasion, it commanded obedience to the existing Territorial government within. They were afraid that they would not be allowed to organize their "Free-state" government, created by the Topeka const.i.tution. But, as we have seen, the day came and went for this, without any interference on the part of the President or the Governor against the movement, although the President had authorized the Governor to call upon the United States troops at Fort Leavenworth at his discretion. Under these circ.u.mstances it was certainly the part of wisdom for the "Free-state" men to do nothing superfluous or sensational in the organization of the new government, and to delay operations under it for the time being. The question of the recognition of the "Free-state" movement was before Congress, under the issue of the contest between Whitfield and Reeder for the seat in the House of Representatives. The policy, therefore, {433} of representing the organization of the new government as tentative, and as conditioned upon the presumption of Congressional recognition, and as holding its powers in abeyance until that recognition should be secured, was wise and necessary.

[Sidenote: The Congressional committee to the Territory.]

The discussion of Kansas affairs in the House of Representatives revolved about the question of the admission of Whitfield or Reeder from the middle of February to March 19th, 1856, when it was voted to send a special committee of investigation to the Territory. The gentlemen selected were Mr. Howard, of Michigan, Mr. Sherman, of Ohio, and Mr. Oliver, of Missouri. They proceeded to the Territory and opened their investigations about the middle of April.

[Sidenote: Application for admission.]

A week before this, the memorial from the "Free-state" legislature praying for the admission of Kansas, as a Commonwealth, under the Topeka const.i.tution, was presented in both Houses of Congress, and placed upon the calendar in each. The slavery question was herewith again before Congress in both principle and detail. The measure which was intended to put its discussion out of the halls of Congress had thus, in less than two years, proved itself an utter fiasco.

[Sidenote: Sheriff Jones again at Lawrence; and the attempts to a.s.sa.s.sinate him.]

[Sidenote: The outrage repudiated by the "Free-state" men.]

In the Territory the pro-slavery men pursued their policy of bringing the "Free-state" men into conflict with the general Government. The "Free-state" men sought just as diligently to avoid it. Both sides recognized this as the crucial test. By the middle of April, some of the men who partic.i.p.ated in the rescue of Branson had made their way back to Lawrence, and Sheriff Jones laid his plans for arresting them.

On April 19th, he rode into Lawrence and served a writ upon S. N.

Wood, but the crowd jostled them apart, and Wood escaped. The {434} Sheriff returned on the next day with more writs, and undertook to arrest S. F. Tappan. Tappan resisted and struck the Sheriff. Jones went at once to the Governor, and the Governor gave him a detachment of United States soldiers. With these he returned to Lawrence, but they could find no one for whom the Sheriff had a writ. The party pitched tent at Lawrence to spend the night. After darkness came on, some wretch, then unknown to the "Free-state" leaders, approached the tent and shot the Sheriff, wounding him dangerously. This was an almost irreparable blow to the "Free-state" cause. The very thing which the "Free-state" leaders had sought most earnestly to avoid had been thrust upon them by the criminal deed of some meddlesome crank.

The "Free-state" men recognized at once the seriousness of the situation, and, on the morning following the event, held a meeting, at which the outrage was repudiated and denounced, and a reward of five hundred dollars offered for the apprehension of the criminal. Colonel Sumner, the commander of the United States troops in Kansas, wrote to Dr. Robinson, urging him to use every effort to move the citizens of Lawrence to bring the a.s.sa.s.sin to justice, as his act would be charged by the pro-slavery men upon the whole community. The Doctor replied at once that the community repudiated the foul deed, and would certainly bring the guilty party to justice if he could be found. There was no munic.i.p.al government in Lawrence at the time, and Dr. Robinson acted, in his reply to Colonel Sumner, as a sort of self-const.i.tuted representative of the citizens. He certainly represented the views of the large majority of them, but there were some who, at the time, knew who the guilty person was, and gave no sign which would aid in his discovery.

{435} [Sidenote: Judge Lecompte's charge to the Grand Jury.]

The Sheriff's wound was not fatal, but it was reported that he was dead, and the Missourians began to organize for another invasion.

Before they were ready, the Territorial judiciary came to their a.s.sistance. Chief Justice Lecompte charged the Grand Jury of Douglas County, in the early part of May, that resistance to the Territorial laws was high treason against the United States, and that entering into combinations for the purpose of making such resistance was constructive treason, and instructed the body to find true bills against all persons guilty of such offences. This was a most astounding piece of jurisprudence. It looked like nothing but a trick to deprive the "Free-state" men of their leaders, since one arrested for treason was considered as not having the privilege of bail.

[Sidenote: The "treason indictments."]

The Grand Jury found indictments against nine or ten persons, among them Robinson, Reeder, and Lane, and also against two newspapers published in Lawrence, and the Emigrant Aid Company's hotel there. The indictments were put in the hands of the United States Marshal for the Territory, J. B. Donaldson. On May 11th, Donaldson issued a proclamation, declaring that the service of these writs by his deputy had been resisted in Lawrence, and calling "the law-abiding citizens of the Territory to appear at Lecompton, as soon as possible, and in numbers sufficient for the proper execution of the law." As a matter of fact, only Reeder had resisted service, and had succeeded in escaping. All the others, except Lane and Wood, were taken into custody without difficulty. Reeder's justification was that he was at the moment in attendance, as a witness, upon the Congressional committee sent to the Territory, and was, therefore, legally exempt from arrest at the time.

{436} [Sidenote: The Marshal's proclamation in Lawrence.]

The Marshal did not publish his proclamation in Lawrence, but a copy of it fell into the hands of a Lawrence citizen, who hastened to make known to the people the peril which was impending. The citizens already knew of forces being organized, both in the Territory and in Missouri, against Lawrence, and had demanded the Governor's protection against them. The Governor had replied that he knew of no force near or approaching Lawrence, except the posse under the orders of the United States Marshal and the Sheriff of Douglas County, who had writs to serve in Lawrence, and that he should not interfere.

[Sidenote: The action of the citizens of Lawrence.]

The citizens of Lawrence now held a meeting and pa.s.sed formal resolutions, declaring that the charges contained in the Marshal's proclamation were untrue, and that the citizens were not only ready to acquiesce in the service of any judicial writs against them by the United States Marshal, but to furnish him a posse, if required, to aid him in the discharge of his duty. And after receiving the Governor's reply, they appealed to the Marshal, asking him to state his demands, promising not to resist the service of his processes, but to aid him in the discharge of his legal duties, and praying his protection against the lawless bands collecting about their town for the purpose of its destruction.

[Sidenote: The Marshal's reply.]

The Marshal replied in a flippant and sarcastic manner, saying that his correspondents must be strangers in Lawrence if they were ignorant of the demands against the citizens of the town, referring in exaggerated language to the shooting of Jones, and Reeder's resistance to his deputy, and to the military organization and equipment of the people of Lawrence, and declaring that he should execute all processes in his hands in his own time and way.

{437} [Sidenote: Appeal of the citizens to the Marshal and the Governor.]

Three days later, on May 17th, the citizens communicated again with the Marshal, calling his attention to the depredations committed by the bands around Lawrence, asking if he was responsible for these bodies, and demanding protection from him against them. At the same time, the managers of the hotel appealed to the Governor to protect their property, and carried with them an offer from the citizens to give up their arms to Colonel Sumner, if he would station a detachment of United States soldiers in the town for their protection.