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Kansas State Historical Society.

Collections of the Kansas state historical society (Volume 5)

. (page 81 of 97)

assist the officers to enforce the laws. If not, he "would fight it out."

I found that Captain Brown was fortifying himself on Sugar Creek, some
12 miles from the state line, and he says he will resist any officer sent to take
him. Montgomery claims that he can raise 200 men, and I think he can.
They are all well armed. I am satisfied that force would be too strong for
any body of men that can be raised by the sheriffs of Linn and Bourbon
counties to either drive them out or arrest them. Good citizens in those
counties, that formerly sustained these men, beg to have something done to
stop the "jayhawking," as they termed it, or their counties would be depopu-
lated.

The above is substantially what I could learn. All of which is respectfully
submitted. SAMUEL WALKER, Deputy United States Marshal.

Kansas City, Mo., January 4, 1859.
Governor Medary:

Dear Sir — Terry is not here, but I will leave a note for him.

I learned that there has been another invasion of Missouri, on the Marais
Des Cygnes, about 60 miles south of this. The store of old Mr. Jackson, one
of the leading men of Bates county, was attacked and burned. The old man
f.red several shots on the ruffians, and thinks he wounded several and killed
one of them. They shot the old man through the nose. His horses are said



Governor Mcdary's Administration. 579

to have been taken. Fortunately I ride the best one of them and he is safe
yet. We borrowed his as we came up. I also learned that one of their gang,
wounded in Fort Scott, has certainly died. I am afraid the story is too good
to be true.

I will start south to-morrow or Wednesday morning, and will try and be
back to see you through with the legislature.

Yours in haste, GEO. A. CRAWFORD.



Kansas City, Mo., January 4, 1859.
His Excellency James Buchanan:

Dear Sir — I have just arrived from Lecompton and Lawrence. Governor
Medary, by the request of men of all parties in southern Kansas, has ordered
from Fort Riley two companies of cavalry to Bourbon county and two to Linn
county. I am only fearful that the commanding officer may not be willing
to go. The governor needs the fullest power in this emergency.

After fully advising with us, he also commissions four captains in each
of these counties to raise companies to act under the sheriffs and marshal,
and has requested you, by telegraph, to have arms sent them from the Jeffer-
son Barracks. I hope you will not fail him. I don't know whether he will
go so far as to oblige us by declaring martial law. He will throw the U. S.
troops at once into the field, so as to afford protection to citizens and prevent
a general stampede from the territory. If it shall turn out that nothing but
martial law will answer, he will declare it.

The governor is at a great loss for a. fund with which to conduct the cam-
paign. He is obliged to send messengers in different directions, and must
pay them out of his private purse. He has no means to pay volunteers or
militia, unless the U. S. marshal fund shall be used for that purpose. He will
be required to keep companies under arms in those two counties for at least
a year, until the murderers of John Little are driven out or punished. We
must get rid of all that band of outlaws and their sympathizers before we
will be assured of peace. They should not be allowed to acquire homes among
us. but should be prevented from preempting as soon as the land is pre-
emptible. And here let me suggest, that if the Miami and New York Indian
lands were hurried into market one fruitful source of difficulty would be re-
moved. The bandits drive men off for the purpose, frequently, of getting
their claims for themselves or their friends. This is more prolitable to then
than the mere stealing of horses or robbing houses, as it brings them into
possession of well-improved farms.

At Governor Medary's request, I spent a few days at Lawrence, trying to
give public opinion the right direction. We know perfectly well that if the
leading republicans would continue to sustain Montgomery and his movement,
as the "Republican," their leading paper, has been doing, they would involve
us in a civil war which would spread to Missouri, and perhaps further, and
which the government could not quell in five years. With good help from
peace-loving business men of all parties, I have succeeded beyond my expec-
tations. The Lawrence "Republican," in its next number, will desert and de-
nounce the Montgomery movement. The Leavenworth "Times," the leading
organ of their party (daily) in the city of Leavenworth, will also denounce
Montgomery and his men. I have seen most of the members of the legisla-
ture, and I know of but one who is disposed to sustain Montgomery. They
will give expression to their disapproval in some shape. And thus the whole
victory is won if we but have vigorous support in Washington.



580 Kansas State Historical Society.

I see in Governor Medary the elements of a character which will achieve
success. To keep the legislature with him on the great absorbing question
of our civil war, he may be obliged to yield something in the matter of their
adjournment from Lecompton to Lawrence. Though interested in Lecomp-
ton, 1 shall not blame him if he consent to remove temporarily to Lawrence.

I learn here that Missouri has again been invaded, the store of Mr. Jack-
son burnt, and his property taken. Fortunately I ride one of his most valu-
able horses, and that is saved. It is said that he shot several of the ruffians
and was slightly wounded himself. Mr. Jackson is a leading man. If not too
busy, I wish you would address Governor Stewart, of Missouri, a note telling
him that we of Kansas have no objection to his placing soldiers (volunteers)
on the line, provided that he put them in charge of sober, discreet men. In-
deed, we think the protection of his people demands it. It will obviate the
necessity of irresponsible parties coming in and murdering indiscriminately
both friend and foe, as they did last year at "the Post." We, who are in
danger from Montgomery, have no ambition to be murdered by companies
from Missouri. Indeed, my dear sir, these are most critical times. I hope
you will not reflect on Governor Medary for the severity of his measures, as I
know our people are all looking for more from him than he will dare to do.

I will not sicken you with a recital of the statement of affairs in Bourbon
and Linn counties. Many of our people are ruined — all panic-stricken. As
fast as they can, they are going — never to return. Montgomery and his men
are under arms, robbing all the time. They are "forted up," and defy the
United States. There is no telling the number of rogues he can rally to his
help. You may expect to hear of bloody times when the troops get down there.

I will go down in a day or two, but hope to return to be with the legisla-
ture, and hold them to the policy of Governor Medary's. When the blood
begins to flow, some of them may grow sympathetic.

Yours in haste, GEORGE CRAWFORD.



Mr. N. Engels, Master Armorer, St. Louis Arsenal, Mo.:

Sir — For the ordnance stores forwarded per railroad this day to Tipton,
Mo., to the governor of Kansas territory, you are hereby appointed the agent,
and will report to the quartermaster for orders before taking charge of the
stores on the railroad, which you will accompany to Tipton, Mo., where you
will deliver them to the accredited agent of Governor Medary, of Kansas
territory, taking his receipts for the same, and giving every needful infor-
mation concerning the same to his agent. Should the governor from any
cause not take the stores, they are to be reshipped on the railroad to the
quartermaster, Capt. R. E. Clary, of this city, you returning in charge of the
same.

Should the governor's agent not be there when you arrive, you will store
the stores, staying with them in charge until the agent does come, taking
care to write to the governor immediately on your arrival, acquainting him
of ihe readiness of the stores at Tipton, Mo.

Any bill for storage which may be found needful from the non-arrival of
the agent, being approved by you, will be forwarded to me for payment. You
will take care, therefore, that any charge for storage shall be right and proper.

You will also keep an account of your expenses (until your return) incurred
in consequence of this order. W. H. BELL, Major of Ordnance.

31. Louis Arsenal, Mo., January 4, 1859.

A true copy: E. V. SHOBE, Chief Clerk.



Governor Medani's Administration. 581



Executive Office, K. T., Lecompton, January 5, 1859.

Sir: Deliver to Capt. A. J. Weaver, of first company Linn county volun-
teers, Kansas militia, the 600 muskets, with accouterments, and 10,000
rounds of ammunition, in your charge, to fill the requisition made by me upon
the secretary of war for the same.

Y^'ith great respect, your obedient servant, SAMUEL MEDARY.

To the Officer in Charge, Tipton, Mo.



Tipton, Mo., January 6, 1859.
To his excellency S. Medary, Governor of Kansas Territory, at Lecompton,
K. T.:

Sir — By order of the commanding officer of the St. Louis arsenal, I have
this day arrived at this town with 600 rifle muskets and accouterments, and
20,000 cartridges for the same, which are subject to your order, and I beg
to request that the agent for the same may be directed to proceed here to
receive the same as early as practicable, as I must wait with them until he
arrives.

1 have also to inclose to your excellency a copy of my instructions from the
cotimanding oflacer of the St. Louis arsenal.

I am, sir, very respectfully, j^our obedient servant,

N. ENGELS, Master Armorer of St. Louis Arsenal, Missouri.



Executive Office, K. T., Lecompton, January 5, 1859.

Sir: In compliance with the requisition made by me upon the commandant
at Fort Leavenworth, I have this day received, through the commandant from
the military storekeeper, U. S. A., the articles included in inclosed invoice.
You will confer a great favor upon me by approving of this issue by Captain
Elzey, commanding Fort Leavenworth, in order that no question may arise
hereafter in regard to his compliance with my requisition. The requisition
was made for the pui'pose of making efficient the arms now in possession
of tiie adjutant-general of the militia of the territory, which arms were found
to be in good condition. Neither bullet-molds, lead nor powder could be ob-
tained at this point.

Very respectfully, your obedient servant, S. MEDARY.

To Hon. John B. Floyd, Secretary of War.



Invoice of ordnance and ordnance stores this day turned over to Samuel
Medary, governor of Kansas, by Daniel Chase, military storekeeper, U. S. A.,
viz. :

2,500 elongated musket-ball cartridges.
2,500 musket-ball and buckshot cartridges.
100 cartridge-boxes, worn.
100 cartridge-belts.

100 bayonet scabbards.
100 bayonet belts.
100 cap pouches and pricks, worn.
100 waist-belt plates.
100 cartridge-box belt plates.
5,000 percussion caps.
6 ammunition boxes.
2 packing boxes.

DANIEL CHASE, M. S. K.
I'ort Leavenworth, K. T., January 3, 1859.



582 Kansas State Historical Society.



(Telegraphic dispatch.)

From St. Louis, January 7, 1859.
To commanding Officer, Fort Riley:

By directions of the secretary of war, you will decline complying with any
requisition from Governor Medary for troops to suppress disturbances in
Kansas. If any troops have been sent out, they will be immediately recalled.
D. C. BUELL, Assistant Adjutant-General.
Headquarters, Fort Riley, K. T., January 12, 1859.
Oilicial: J. H. Taylor, First Cavalry, Post Adjutant.



Executive Office, Lecompton, K. T., January 7, 1859.
His excellency James Buchanan. President United States:

Sir — I inclose you a copy of a letter received to-day from Mr. Crawford,
of Fort Scott, now at Kansas City, Mo. This robbery and arson is admitted
to be true by an article in the Lawrence "Republican," which I also send you.
I have taken every pains to prevent the Missourians crossing over to seek
retaliation and vengeance. At my request, the governor of Missouri kindly
and ^promptly sent a military officer into that part of this state to take com-
mand of the people there, protect the frontier, and prevent Montgomery's
escape in that direction, if too hard pressed on this side. This is the second
expedition of the bandits into Missouri since the attack on Fort Scott.

Captain Walker, of the U. S. army, arrived here about an hour ago with
two companies of cavalry from Fort Riley, and will proceed to-morrow, in
company with Marshal Fain, to the infected district.

With high respect, your obedient servant, S. MEDARY.

P. S. — I have sent for Sheriff Walker, of this county, to meet us to-morrow
morning and accompany the troops, as he is well acquainted with the haunts
of the bandits and the strength of their fortifications. S. M.



Executive Office, Lecompton, K. T., January 8, 1859.
Capt. A. J. Weaver:

Dear Sir — I send you the commissions spoken of. These companies, as well
as your own, will have to be formed for immediate service, and put under the
direction of the U. S. Marshal, as his posse. As you will have but little time to
go through any formalities, and when organized will receive your pay as the
marshal's posse, I will waive any special instructions on the subject. But so
soon as your service as a posse ceases, complete your organization, preserve
your arms, and be in readiness to guard the country against any inroads upon
its peace and safety after the marshal's services are over and the U. S. troops
may have left. By this means you can preserve the public order and be able
to suppress any bandits from reorganizing who may attempt it after peace
is restored.

I send you memoranda for your use and the use of other companies, as a
basis for a permanent organization, which I will complete after you are dis-
missed as the marshal's posse, and to use before, so far as you may conceive it
necessary for due subordination of those under your command. You will
furnish this information to all the other captains, your juniors in command in
the present expedition. Respectfully, S. MEDARY.

Captain Walker, of the cavalry, will give the military directions in the ex-
pedition. These instructions are for all the captains that I have commissioned
for this special service. — S. M.



Governor Medari/'s Administration. 583

Executive Office, Lecompton, K. T., January 8, 1859.
Capt. John Hamilton, Port Scott:

Sir — This will be handed you by Judge Samuel A. Williams, who accompa-
nies the U. S. troops under the command of Captain William S. Walker.

I hear that you are already in command of a military company, and it is
my desire that you render the most efficient aid in your power to the U. S.
marshal as his posse in arresting the bandits infesting your section of the
territory.

I hope the expedition will be efficient and thorough, that peace may be re-
stored to your neighborhood, and that the lives and property of the citizens
may be safe from any further molestation.

You will apply to Captain Weaver, of Linn county, for any arms and ammu-
nitioh that you may need for your company. Very respectfully,

S. MEDARY.



Executive Office, Lecompton, K. T., January 8, 1859.
His excellency, James Buchanan, President of the United States:

Dear Sir — I noticed in my letter to you last night that Captain Walker,
of the U. S. dragoons, had arrived with two companies, on his way to the in-
fected district.

I inclose you herewith a copy of my instructions to him, which I hope you
will approve. They may seem harsh, but I assure you that the circumstances
of the case require stringent measures. It is mere folly to be spending more
time in parleying with outlaws, murderers and robbers.

I only regret that I have not four instead of two companies, that their dens
might be surrounded, and all possibility of escape made certain. They range
over a large territory, and unless the citizens turn out better than can ordi-
narily be expected, it will be difficult to drive them into their forts. I shall
send a requisition to-morrow for a section of battery to be in readiness to
blow up their forts, if they should resort to them. They are already at Fort
Leavenworth, awaiting my orders. I cannot speak too highly of the com-
mandants at Forts Leavenworth and Riley, for their prompt response, so far,
to every order I have issued.

Let me here remark that we are incurring some expenses, some of which
I have had to be directly responsible and others for which I have pledged
my honor, which, if not paid, will greatly embarrass me. Congress is now in
session, and I would suggest that an appropriation be made before its ad-
journment to meet these liabilities.

I have urged everything to be done as speedily and urgently as possible,
that the expenses may be as light as the most rigid economy can make them.

I have issued a number of captain's commissions, to enroll the citizens,
and keep the country clear of these bandits so soon as this expedition is over,
without any further expense to the national treasury.

Your obedient servant, S. MEDARY.



Executive Office, Lecompton, K. T., January 8, 1859.
Capt. W. S. Walker, U. S. A.:

Sir— You are hereby requested to proceed forthwith with your command, as
a "posse comitatus," in company with the U. S. marshal or any deputy he may
designate, to the southeast portion of the territory, for the arrest of certain per-
sons who are openly defying the law.



584: Kansas State Historical Society.



Should you meet any man or body of men who refuse to obey the arrest of
the civil authorities, I wish you to use the military or civil force at your com-
mand for the purpose of their apprehension. Should any body of men be met
who are believed to be actors or participators in the late outrages in Linn,
Lykins, and Bourbon counties, in Kansas territory, or in the state of Missouri,
you are authorized to demand the unconditional surrender of their arms and
persons, and should they refuse, to use the U. S. troops or the militia, or civil
posse of the marshal, for apprehending them.

Should any body of men be assembled for the purpose of resisiting the
U. S. or territorial officers, or of violating the laws, you are authorized to use
the military and civil force at your command for their apprehension.

In the above emergencies, should a forcible resistance be used or threat-
ened, you will attack the parties so threatening or resisting with such force
and in such manner as your judgment will be necessary to overcome the
resistance.

Should you find any strongholds which have been occupied for the purpose
of defense or security by violators of the law, you will burn and demolish them.
You will take the prisoners to Fort Leavenworth, and deliver them to the
officer in command for safe-keeping.

You will be governed by the circumstances of the country as to what time
it will be advisable to withdraw the United States troops, and should you
think it advisable to station troops at Fort Scott or the neighborhood, you will
use your discretion as to the number and character of the force to be left.
Very respectfully, your obedient servant, S. MEDARY.



Washington, D. C, January 8, 1859.
To the President of the United States:

Sir — In compliance with the request of Gov. Samuel Medary, of Kansas
territory, I left the city of Lecompton on the 23d day of December, 1858, for the
southern portion of Kansas, to ascertain the cause of the difficulties there
and then existing, and beg leave to submit the following facts, as the result
of that visit:

On my arrival at the Osage river, in Bourbon county, I met a body of men
under the command of one James Montgomery. He stated that himself and
men had taken up arms in defense of their rights, and that one of his men,
by the name of Rice, had been arrested for a pretended violation of the laws
of the territory, and that the said Rice had been unlawfully detained in the
custody of the sheriff of Bourbon county, at Fort Scott, until a few days pre-
vious, when he had with his company rescued him. The death of Mr. Little
and the robbing of his store was the result of said arrest. I then left him and
proceeded to Fort Scott. I found the citizens greatly excited, expecting mo-
mentarily a reattack from Montgomery. They were without arms, Mont-
gomery having taken all their means of defense at his late attack. A meet-
ing of the citizens was immediately held on my arrival, at which they re-
ported their defenseless condition and the danger to which their lives and
property were exposed, and requested me to report the same to the governor
of the territory, and request him to render them immediate assistance.

On my return to Lecompton, I again met Montgomery, accompanied by
about 25 mounted and well-armed men. He there stated that he could bring
into the field "1,000 men, armed and equipped, and that he was determined to
resist to the last moment all authorities, territorial or federal, to arrest him



Governor Mcdary's Administration. 585

or either of his men;" that he had two large forts, capable of resisting any
force that might be sent against him. He also stated that, if he had any occa-
sion again lo visit Fort Scott, he would lay the town in ashes, and destroy the
last vestige of that place. He further stated, that the only terms upon which
he would consent to disband his men was, "that a full and free pardon should
be granted for himself and each of his men, including all offenses committed
heretofore, and all that might accrue up to the date of said pardon, and for the
future security for myself and party I demand that the sheriff of Bourbon,
Linn and Lykins counties, and also the deputy U. S. marshal for the southern
district of the territory, shall consist of men of my selection."

Montgomery has at the present time complete control of the above-named
counties without any opposition. The contest is devoid of political character,
and consists only of murder and robbery on the part of Montgomery and his
followers, and to which the people are compelled to submit, the civil authori-
ties being powerless. All of which is respectfully submitted,

P. T. COLBY.



Executive Office, Lecompton, K. T., January 9, 1859.
To Capt. A. Blzey, Fort Leavenworth, Commanding:

Sir — I would request that you send forthwith a section of battery, capable
of throwing shot and shell, to report as speedily as possible to Capt. W. S.
Walker, First cavalry, commanding, at Paris, in Linn county.

Very respectfully, your obedient servant,

S. MEDARY.



Washington City, D. C, January 9, 1859.
To His Excellency James Buchanan, President of the United States:

Sir — In connection with the communications transmitted to you by the
Hon. Saml. Medary, governor of Kansas territory, I have the honor to submit
the following information, which I believe to be entirely correct, obtained
from Governor Medary and also from other reliable sources, respecting the
renewal of troubles of the most serious nature in the southern part of Kansas
territory, including the counties of Linn, Lykins, and Bourbon:

A requisition having been made by Governor Medary on the commanding
officer of Fort Leavenworth for my services, I proceeded forthwith to Le-
compton, on the 27th of December, 1858. I found on my arrival at Lecompton
over a dozen of the most prominent citizens from the southern portion of the
territory, who had been forced to flee for their lives — many of them leaving
behind their families and property exposed to the outrages of a large band
of men, heavily armed and well mounted, under the command of James Mont-
gomery and old John Brown, who have been for more than a year past com-
mitting species of depredation in that section of Kansas. The force under
these men is represented by the most reliable persons who know them to
number between 200 and 300.

In the spring and summer of 1858, this banditti, though the organized
force was not 'so large, yet they had the sympathy of the majority of the free-
state party in southern Kansas, and but very few if any could be found who
would lend any assistance to arrest them, or even inform the civil officers —
having with them a "posse comitatus" of the United States troops — of their
whereabouts, notwithstanding they knew.

Had the informafon sought then been obtained, these marauders would
—36



58^ Kansas State Historical Society.



have been arrested, tried, and punished, and many valuable lives spared,
property protected, the laws of the country sustained, peace and quiet re-
stored and maintained in the territory. But as Montgomery and his bandits

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