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Kansas State Historical Society.

Collections of the Kansas state historical society (Volume 5)

. (page 51 of 97)

which is styled the "headquarters of Kansas volunteers ;" that they are sub-
scribed by "J. H. Lane, commanding ;" and that they propose to organize regu-
lar military companies with regular officers, commissioned and non-commissioned,
and also a general staff. You are aware that General Lane commanded the
military expedition which made an incursion into this territory last year, and
that the officers of the staff are all leading agitators for the overthrow of the
territorial government.

The order No. 1 directs not only the enrollment of military companies, but re-
quires a registry to be taken of all persons who refuse the enrollment. The
object of this last requisition is believed to be to mark for persecution and op-
presssion all those persons, and especially free-state democrats, who refuse to
unite in this military organization. The purpose is universally regarded to be to
establish a reign of terror, calculated to drive such conservatives from the terri-
tory, or at least to prevent their participation in the elections. A few weeks
since one of these conservative democrats, who had committed no other offense
than permitting the use of his name as a candidate for the constitutional con-
vention, was abused and injured in the most shocking manner, and the most re-
volting atrocities were committed upon his wife by some of the insurrectionary
party.

General Lane and his staff everywhere deny the authority of the territorial



Governor Walker's Administration. 363

laws, and counsel a total disregard of those enactments. It will be perceived
from general order No. 1 that it is designed to extend this military organization
into every "town, neighborhood and settlement of Kansas," and from general
order No. 2, that this military organization embraces the whole territory, being
arranged into four divisions and eight brigades.

There is no longer any pretext for the suggestion that any portion of the
people of Missouri intend to invade the ballot-box at any election in Kansas.
The election of a so-called state legislature, and their action, so long as it should
be confined to petitioning Congress to admit them as a state under the so-called
Topeka state constitution, hopeless as such an effort may be, I have not felt it to
be my duty, or indeed within my power, to prevent by force, unless the parties
should be arrested under some legal process, and a call should be made upon me
for troops to act as a "posse comitatus" in aid of the civil authorities; but to
permit such a movement as the illegal election of an unauthorized legislature by
complete military organization extending throughout the territory, in my judg-
ment, must put in imminent peril the peace of Kansas, and would probably in-
volve it again in civil war.

Under these circumstances, and, if possible, to prevent bloodshed by the
location here of a superior force, I most earnestly recommend that regular troops
to the number of 2,000, including two batteries, be sent here at once, and that as
large a number of this force as possible should be composed of mounted men.
If this should be done, I trust it will be in my power to preserve the peace of the
territory and insure the execution of the laws. If this is not done, and there be
no more troops at my disposal than the very small number now stationed in the
territory, there is reason to apprehend the most serious consequences, fatal to
the peace of the territory, and putting in imminent peril the just and pacific
settlement of the great question now at issue here. I am well satisfied that a-
large portion of the insurrectionary party in this territory do not desire the
peaceful settlement of this qviestion, but wish it to remain open in order to
agitate the country for years to come. Such a result I would regard as most
disastrous, not only to the peace and prosperity of Kansas, but as putting iti im-
minent jeopardy the government itself.

No change has taken place since my last communication in the condition of
affairs in the city of Lawrence. So far as I can learn, the insurrectionary local.
government has not been organized by the swearing in of officers or the passage
of ordinances. That all this, with the establishment of similar insurgent local
governments throughout Kansas, would have taken place if the troops had not
been marched to the vicinage of Lawrence and there located, is quite certain.

Under the protection of the troops, but without any interference on their part
or mine, I understand that a highly-respectable conservative party is now organ-
izing in Lawrence, but if the military organization proposed by General Lane
and the Topeka convention is carried into effect, and no adequate force is placed
in the territory, it is quite clear to me that the insurrectionary movements
throughout Kansas will go on, and a collision become inevitable, in which we
may be compelled to encounter vastly superior numbers. It is upon principles^ of
humanity and to preserve the peace of the territory without bloodshed, if possi-
ble, that I desire the presence of an adequate force, which, operating by a moral
power, will, I trust, render unnecessary a resort to physical force. Such a resort
would be to me a most painful alternative, but I regard it as my duty to have re-
course even to this, rather than see the territorial government overthrown and
the laws successfully and forcibly resisted.

I send you a copy of my letter of the 23d instant to General Harney, together



364 Kansas State Historical Society.

with copies of a communication of the 22d instant, from the commissioners for
the sale of the Delaware trust lands in this territory, and from the register and
receiver of the United States land oflBce at Osawkee, as also of General Harney's
letter to the commissioner under date of the 21st instant. As the whole number
of troops encamped with me near Lawrence amounted to but 262 men, for that
as well as for the reasons stated in my letter to General Harney, I could not
detach any portion of that force for the purpose indicated by the commissioner.
I have not yet heard from General Harney in reply to my letter of the 23d instant,
but am informed, however, that a small number of troops have been sent by him
to Osawkee.

I can hear, as yet, of no insurrectionary organization similar to that of Law-
rence in other parts of the territory. The insurgents seem to be awaiting the
result of the affair at that city. It is quite certain, however, that if my procla-
mation had not been issued and the troops moved to the vicinage of Lawrence,
similar insurrectionary organizations, following the one in that city, would have
been perfected throughout the territory, and a forcible collision have become
inevitable.

I send you a petition just received by me from a very large number of the set-
tlers on the Shawnee lands, requesting me to take such steps as I may think
advisable with a view to secure them the privilege of proving up their preemp-
tions, and getting titles to their lands with as little delay as possible. They state
that such is the universal desire of the settlers, and this I believe to be true. It
is certainly the true policy of the government to accelerate the transfer of titles
to their homes to the settlers of Kansas. Vexatious disputes about claims are
thus terminated which otherwise would disturb the peace of the territory, and
the community of settlers becomes much more conservative when they have
secured titles to their lands from the federal government. I deem the observ-
ance of this policy throughout Kansas, together with the speedy extinguishment
of Indian titles, as a matter of vast importance, and whilst advancing the pros-
perity of the territory, calculated in a high degree to promote the early, just and
peaceful settlement of the dangerous and difficult questions which have so long
disturbed the repose of this community.

I am so incessantly occupied with official business that I have not time to pre-
pare my dispatches with that care and deliberation by which they ought to be
distinguished.

With great respect and consideration, I am your obedient servant,

R. J. WALKER, Governor of Kansas Territory.

Hon. Lewis Cass, Secretary of State.



GENERAL ORDER No. 1.

Headquarters Kansas Volunteers,
(For the protection of the ballot box,)
Lawrence, July 18, 1857.
To the People of Kansas: The convention at Topeka, on the 15th instant,

the following resolution:
Resolved, That General James H. Lane be appointed by this convention, and
authorized to organize the people in the several districts to protect the ballot-
boxes at the approaching elections in Kansas.

Now, therefore, in pursuance of the authority thus vested in me, I do earn-
estly request the people of Kansas to form companies in their various neighbor-
hoods, towns, and settlements, and every man enroll himself in some one of the



Goiernor Walker's Administration. 365



same; that when each company shall contain not less than 30, nor more than 80
men, to elect a captain, one first and one second lieutenant, two sergeants, and
two corporals; and that it make a perfect and complete roll of its officers and
men in accordance with the printed form which will be transmitted from this
office.

It is also desirable, and I hereby request, that the captain of each company
shall require a registry to be made of all persons in his neighborhood, town, or
settlement, if any such there be, who shall refuse to enroll himself in said com-
pany, and transmit the same, with his company's roll, to this office.

When the aforesaid rolls shall be received, commissions for the officers will be
promptly forwarded, after which requisitions for arms, signed by the company's
officers, may be sent to the office of the quartermaster-general.

Kansas expects every man to do his duty m this matter. The time has come
for thorough organization and efficient action. The despotism which has been
forced upon us must be overthrown. We must look to the ballot-box as the in-
strumentality of our disenthrallment, and prepare to defend that ballot-box at
any and every sacrifice against any and every attempt to violate its integrity.

The general staff, as organized this day, consists of M. F. Conway, adjutant-
general ; E. B. Whitman, quartermaster-general, and William A. Phillips, com-
missary-general, each with an office in this city.

Correspondence may be conducted with any of these officers, and information
at all times obtained from them in the line of their respective duties.

Signed at the office of the adjutant-general this day.

J. H. LANE, Commanding.

By M. F. Conway, Adjutant-General K. V.



GENERAL ORDER No. 2.

Headquarters Kansas Volunteers,
(For the protection of the ballot-box,)
Lawrence, July 20, 1857.
Whereas, the people of Kansas, in convention at Topeka, on the 15th instant,
did adopt the following resolution :

Resolved, That General James H. Lane be appointed by this convention, and
authorized to organize the people in the several districts to protect the ballot-
boxes at the approaching elections in Kansas.

Now, therefore, in pursuance of the authority thus vested in me, and in order
to facilitate the accomplishment of the object thus set forth, I do hereby estab-
lish divisions and brigades, and appoint superintendents of enrollment for the
same, with instructions as follows, to wit :

Divisiorii^.

1st division. Commencing at the mouth of the Kansas river, thence by
the river west to a point where a line between ranges 17 and 18 crosses the same ;
thence south following said line to the line separating townships 22 and 2.3
south ; thence east following the said line to the line between ranges 21 and 22
east ; thence south to the southern boundary of Kansas ; thence east to the
Missouri state line ; thence north along said line to the place of beginning.

2d division. Shall comprise all that district of country lying west of the 1st
division, and south of the Kansas river.

3d division. Commencing at the mouth of the Kansas river, up the main
channel of the Missouri river to a point where the base or boundary line between



566 Kansas State Historical Society.

Kansas and Nebraska terminates at the same; thence south, following the line
between ranges 18 and 19, to the Kansas river; thence down the main channel of
said river to the place of beginning.

Ith division. Shall comprise all the region of country lying west of the third
division and north of the Kansas river.

Brigades.

1st brigade, 1st division. — All that portion of the 1st division lying north of the
third standard parallel shall constitute the 1st brigade.

2d brigade, 1st division. — All that portion of the 1st division lying south of
the third standard parallel shall constitute the 2d brigade.

3d brigade, 2d division. — All that portion of the 2d division lying north of the
third standard parallel shall constitute the 3d brigade.

ith brigade, 2d division. — All that portion of the 2d division lying south of
the third standard parallel shall constitute the 4th brigade.

5th brigade, 3d division. — All that part of the 3d division lying south of the
line separating townships 6 and 7 shall constitute the 5th brigade.

6th brigade, 3d division. — All that part of the 3d division lying north of the
division line between townships 6 and 7 shall constitute the 6th brigade.

7th brigade, 4th division. — All that part of the 4th division lying east of the
line separating ranges 12 and 13 shall constitute the 7th brigade.

8th brigade, 4th division. — All that part of the 4th division lying west of the
line separating ranges 12 and 13 shall constitute the 8th brigade.

Superi^-itendents of Divisions.

G. W. Deitzler, of Lawrence, has been appointed superintendent of enrollment
for the 1st division.

J. H. Kasi, of Topeka, has been appointed superintendent of enrollment for
the 2d division.

J, P. Root, of Wyandotte, has been appointed superintendent of enrollment
for the 4th division.

Robert Riddle, of Grasshopper Falls, has been appointed superintendent of
enrollment for the 4th division.

Superintendents of Brigades.

James E. Stewart has been appointed superintendent of enrollment for the
1st brigade.

H. H. Williams, of Osawatomie, has been appointed superintendent of enroll-
ment for the second brigade.

P. W. Scudder, of Topeka, has been ajapointed superintendent of enrollment
for the 3d brigade.

P. B. Plumb, of Emporia, has been appointed superintendent of enrollment
for the 4th brigade.

H. Miles Moore, of Leavenworth, has been appointed superintendent of en-
rollment for the 5th brigade.

A. Lazarlier, of Palermo, has been appointed superintendent of enrollment
for the 6th brigade.

A. G. Patrick, of Grasshopper Falls, has been appointed superintendent of
enrollment for the 7th brigade.

A. A. Griffin, of Manhattan, has been appointed superintendent of enrollment
for the 8th brigade.

Superintendents of enrollments of divisions will exercise a general superin-



(Tovernor Walker^s Administration. 367



tendence over the work of enrollment within the limits of their respective divi-
sions, and attend especially to the same as far as practicable.

Superintendents of enrollment of brigades will visit personally the several
precincts within the limits of their respective brigades as follows :

1st brigade. — Lawrence, Franklin, Fish's, Blanton's, Palmyra, Prairie City,
Willow Springs, Bloomington, Washington Creek, Benicia, Centropolis, Olathe,
Walnut Grove, Shawnee, and Germania.

2d brigade. — Osawatomie, Paola, Peoria City, Shermanville, Moneka,
Arthur's, Mapleton, Hyatt, Greeley, Ohio City, Chemung, Stanton, Upper Pot-
tawatomie, and Fort Scott.

3d brigade. — Topeka, Washington, Lecompton, Tecumseh, Brownsville, Bur-
lingame, Carbondale, Mission creek, Heberling's, Wabonsa, Hornick, Teandale,
and Riley City.

4th brigade. — Emporia, Ottumwa, Burlington, Leroy, Neosho City, Humboldt,
Agnes City, Mirriam Huntley's on the Verdigris river, and Cofachique.

5th brigade.— -Wyandotte, Quindaro, Delaware, Leavenworth, Easton, Pleas-
ant Hill, Alexandria, Salt Creek, and Jacksonville.

6th brigade. — Atchison, Doniphan, White Cloud, Iowa Point, Geary City,
Ocena, and Captain Dean's town.

7th brigade. — Osawkee, Grasshopper Falls, Wyoming, Holton, Powhattan,
Calhoun, Kansapolis, Sabetha, Leath's, and Plymouth.

8th brigade. — Manhattan, Ogden, Barry's, Blake's, Buchanan, Houston,
Juniata, Condeley's, Whitesides, Randolph's, Marysville, Brown's store, Bar-
rett's Mills, west branch of Black Vermillion, St. George, Louisville, Jenkins,
McGuire's, America, Danasburg, Paden's Mills, St. Mary's Mission, and Rich-
mond.

In addition to the above, the superintendents of enrollment are requested
to visit all other places within their respective limits, and to take such steps,
wherever they go, as may be necessary to secure the enrollment of the people
into companies, as per general order No. 1, herewith transmitted. They are also
requested to proceed at once to the performance of their duties.

The brigade superintendents will report with dispatch to the superintendents
of their respective divisions, and the latter will report to the adjutant-general
immediately upon the completion of their work.

Signed at the office of the adjutant-general this day.

J. H. LANE, Organizing.

M. F. CONWAY, Adjutant-General K. V.



Camp Cooke, near Lawrence, Kansas Territory, July 23, 1857.

Sir: I inclose herewith a copy of a letter received by me from Norman Eddy,
Esq., commissioner for the sale of the Delaware trust lands in this territory, as
also a copy of an accompanying statement of the register and receiver of the land-
office of the United States at Osawkee. A copy of your letter of the 21st instant
to Mr. Eddy has also been communicated to me, from which I regret to learn
that you had no troops then at your disposal at Fort Leavenworth for the de-
sired pvirpose.

The authority in connection with the use of the United States troops under
your command for the preservation of the peace of this territory and the execu-
tion of the laws being vested in the governor of Kansas, and not in any other
civil official here, as necessary to unity of action and success, I have duly consid-
ered the letters, of which copies are inclosed, and have come to the conclusion



368 Kansas State Historical /Society.

that it is my duty under the existing exigency to request you, at the earliest
practicable period, to send at least 20 troops, so soon as you may have that num-
ber available for such a purpose, to Osawkee, to aid the commissioner there in
the safe custody and deposit of the public moneys in his charge.

To detach the troops now encamped near Lawrence would impair the moral
effect of the present movement, and might be attended with the most disastrous
consequences.

Acknowledging with great pleasure your enlightened appreciation of the
importance of my mission, and your prompt and cordial cooperation heretofore,
I am, most respectfully, your obedient servant,

R. J. WALKER.

Brevet Brig. -Gen. W. S. Harney, Comd'g Troops in Kansas, &c., &c.



NORMAN EDDY TO GOVERNOR WALKER.

Osawkee, July 22, 1857.

Sir : Upon my return from Lawrence to this place, and after fully conferring
with the register and receiver for the sale of the Delaware trust lands as to the
safety of the public money arising therefrom, with their concurrence and advice
I made a requisition upon General Harney for a company of troops. A copy of
General Harney's answer is herewith inclosed.

From the following extract from the commissioner of Indian affairs' instruc-
tions to me, it will be perceived that, in a contingency there referred to, I am
directed to apply to the commanding officer at Fort Leavenworth for such
military assistance as I may deem indispensably necessary "for the safe and
proper conduct of the sales."

The numerous thefts perpetrated here daily, the unusual congregation of
gamblers and other unprincipled characters upon and around the sale grounds,
together with the rife reports in regard to an insurgent military organization, in
my judgment, present a condition of affairs at this place requiring your consid-
eration, if not your direct intervention.

I am told in the instructions mentioned that " the President will be requested
to direct the secretary of war to instruct the commanding officer at Fort Leaven-
worth, upon your (my) requisition, to furnish you (me) with such military assist-
ance from the troops at that post as you (me) may deem indispensably necessary
for the safe and proper conduct of the sales ; of the propriety of making such
a requisition you (I) must be the judge when the contingency shall happen
seeming to demand it ; it should only be made in the last alternative, and when
the necessity therefore is apparent."

Believing that the alternative specified is not the one meant, when the "rob-
bing" or other forcible act shall precede the requisition for troops, but when a
reasonable apprehension exists with the officers of sale that such an attempt will
be made, and having, as we believe, such reasonable apprehension, we do not
hesitate to further add that "the necessity" for a company or a force of at
least 20 men is to us " apparent."

I therefore ask of your excellency that you will cause such military assistance
to be sent here, for the purpose indicated, at the earliest practicable period.
Very respectfully your obedient servant, NORMAN EDDY,

Comm'r sale Delaware Trust Lands.

P. S. — There has already accumulated from the sales more than 8115,000,



Governor Walker^s Administration. 369



which will be increased by this day's sale to at least $14:0,000, and at the conclu-
sion of the same must reach over a half million.

Respectfully, etc., NORMAN EDDY, Comm'r.

His Excellency, Governor Walker.

Osawkee, K. T., July 22, 1857.
We fully concur with Mr. Eddy as to the importance of having a company of
troops at this place for the purpose of guarding the large amount of public treas-
ure now accumulating on our hands, and earnestly hope that your excellency will
not feel it incompatible with your sense of duty to order a company at once to
this place. Very respectfully, your obedient servants,

J. W. WHITFIELD, Register.
DANL. WOODSON, Receiver.
His Excellency, Gov. R. J. Walker, Lecompton, K. T.



Headquarters Troops serving in Kansas,
Fort Leavenworth, K. T., July 21, 1857.
Sir: Your letter of the 20th instant, asking that a company of United States
troops be sent to Osawkee "for the safe and proper conduct of the sale " of Dela-
ware lands, has at this moment been received by General Harney, who directs
me to say, in reply, that he has no troops at the present time which he can send,
as all his disposable mounted force is now absent at Lawrence on the requisition
of the governor of the territory, and his infantry are on the march to Utah.
I am, sir, very resyjectfully, your obedient servant,

STEWART VAN VLIET, Capt., Asst. Qr. M., Act. Asst. Adjt.-Gen.
Norman Eddy, Esq., Osawkee, K. T.



Lecompton, K. T.
We, the undersigned, most respectfully represent that we are settlers on the
Shawnee lands, have erected our dwellings, and are cultivating the lands as far
as we are able and our means will allow ; that we are actual bona fide occupants
of the soil, intending to make our homes on this reserve, and, for that purpose,
have settled on them in good faith : would most earnestly ask that such steps be
taken as your excellency may think advisable and proper to secure us the privi-
lege of proving up our preemption and getting titles to our land, with as little
delay as the circumstances will admit.

We would also add that these lands are nearly all occupied by actual settlers,
and that it is the universal desire among all that some measure be taken that
will give us the opportunity, so earnestly desired, of proving up and entering the
land upon which we have settled. J. B. HOVEY,

JOHN BECK,
B. H. STILES,
and 119 others.
His Excellency, Gov. R. J. Walker.



MR. CASS TO MR. WALKER.

Department of State, Washington, July 31, 1857.
Sir: I have received your letter of the 20th instant, and in reply have to state
to you that that portion of it which relates to a proposed increase of the military
force in Kansas has been referred to the secretary of war, who will write you
upon the subject to-day.



370 Kansas State Historical Society.

The instructions originally given to you, and those contained in the letter
from this department of the 25th instant, are believed to be sufficiently full and

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