(claiming to be free-state men) confined their murders and robberies to the few
pro-slavery settlers in Linn, Lykins and Bourbon counties, the majority of
the free-state men declined making any effort to bring them to justice — many
because of their political prejudices, some through fear of provoking an attack
upon themselves and their property. There was a military force always
ready to make the arrests.
Time and again have the last citizens been appealed to, to protect their
pro-slavery neighbors (whom they represented as being good and peaceable
men), and to aid in the execution of the laws, but they either refused or
made no reply — not knowing that thereby they were fanning a spark which
would soon be enkindled into a flame that would compel them to call for a
military engine to extinguish.
Governor Denver made a tour through the southern part of the territory in
the summer of 1858, and appealed to and urged the people to arrest all the
perpetrators of crime and violators of the laws, themselves, and not to allow
the necessity to arise to use the United States troops. The leading men of
the free-state party promised Governor Denver that thej" would at once organ-
ize, endeavor to maintain the laws, and, as far as they were able, protect their
neighbors and their homes and their property. The efforts of Governor
Denver were successful, and everything became quiet, and the citizens began
to feel assured of no more trouble. But Montgomery and his band, having
been dependent upon thieving for subsistence, after a time recommenced their
depredations, and pretended, as an excuse, that the grand juries had found
bills of indictment against them for offenses for which, if convicted, they
would forfeit their lives; consequently they resolved, in a public meeting, to
carry these outrages to an extent that would force the governor of Kansas
territory to accede to a proposition he intended to make, or, in the language
of Montgomery, conclude an "honorable peace," and therefore proposed to
Governor Medary the following terms as a basis for the cessation of hostilities,
viz.: "That he (Governor Medary) must pledge himself as a man of honor, and
as governor of Kansas territory, that he would pardon him (Montgomery) and
all of his men for all offenses that they had committed since they came into
the territory and for all the offenses they might commit up to the entering
into of the treaty; that the marshal for that district must be of his (Montgom-
ery's) selection, and also the sheriffs of Linn, Lykins, and Bourbon; that if
Governor Medary would accede to these terms, that he would lay down his
arms and disband his men; if not, that he would lay waste everything before
him, and give the government more trouble than the Seminole Indinas did."
Governor Medary's reply to the above proposition was, "that he had no
compromise to make with crime"; that he was determined to take prompt
and decisive measures to put an end to their crime and punish the criminals.
The atrocious crimes committed by this banditti have already been re-
ported to you officially. I will refer to but one outrage, committed a few days
before I left the territory. A party of men under old John Brown went into
Missouri, to the house of a very old man (a Mr. Crow), stripped him of all his
property, and then shot him through the heart, killing him instantly.
The citizens of Linn, Lykins and Bourbon counties are now in great
dread, expecting at any moment to be robbed and even murdered. The utmost
terror prevails among them; a large number have fled, and it will require a
Governor Medari/s Administration. 587
strong effort to induce them to return— to rally and organize them for their
own defense.
It is the determination, however, of Governor Medary to organize them,
and then urge them to defend themselves, cheir families, and their property,
and to act as a "posse comitatus" to aid in the arrest of these outlaws. For
that purpose, he has already made a requisition for arms to place in their
hands.
Being surrounded by citizens from the southern part of the territory,
trembling with fear, and begging for protection — having just arrived in the
territory, and being pressed for time to prepare his message for the legis-
lature, then about to convene— Governor Medary was unable to send you a full
written statement of the above facts, and thinking no time should be lost, he
sent me to give you the above statements, and most respectfully to make the
following request: First, that being determined to use every effort to dis-
charge the duties that devolve upon him as the chief executive officer of Kansas
Territory, and desiring that he should receive such assistance from the gov-
ernment as will facilitate the accomplishment of that object, asks that a mar-
shal for the territory be appointed upon whom he can rely for a faithful dis-
charge of the duties of the important office, and respectfully recommends for
the appointment of Mr. Philip T. Colby, of Quindaro, K. T., as an intelligent,
energetic and determined man, and in every respect competent.
Governor Medary stated to me that he sent his son expressly for the pres-
ent incumbent. Judge Fain, but was unable to get an interview with him, and
he does not think that he will be as prompt and decisive as will be necessary
to bring to trial Montgomery and his band. He asks that the United States
troops now in Kansas be made subject to his requisition, to be used to arrest
or destroy these outlaws when the civil authority is exhausted. He also de-
sires and requests that the post-offices at Osage, Moneka and Centerville be
suspended, for the reason that the postmasters at these places are sympa-
thizers with Montgomery, and the offices entirely under his control.
In conclusion, it may be proper for me to state that, at this time, the
difficulties in southern Kansas are not of a political nature. The leading
conservative free-state men condemn Montgomery's course.
Nor do I believe that in future any political elements will be involved in
the troubles in Kansas. Most respectfully submitted,
J. P. JONES, Lieut. Second Regt. U. S. Artillery.
LEGISLATIVE ACTION. LANE — MEDARY.
Mr. Curtis offered the folUowing preamble and resolution:
Whereas, It has been intimated that certain propositions have been made by
Maj.-Gen. James H. Lane to the executive of Kansas to suppress the troubles in
southeastern Kansas: and
Whereas, The import of said correspondence is unknown to the legislative
department of Kansas territory, and as the said correspondence may be of
general interest to the people of said territory; therefore be it
Resolved, That his excellency the governor and Gen. James H. Lane be re-
spectfully requested to furnish to this house a copy of said correspondence, for
the information of the people of Kansas.
588 Kansas State Historical Society.
Lawrence, January 9, 1859.
To His Excellency S. Medary, Governor of Kansas Territory :
I take the liberty of addressing you, although we have had no personal ac-
quaintance. The importance of the subject of which I write is my excuse.
Unanimously elected brigadier-general of the Kansas militia by the last terri-
torial legislature, under a law passed by that body, I feel that the position thus
claimed by me, though not recognized by the executive department of the terri-
torial goverment, authorizes me to express to you the following opinions, and to
make the following proposition :
A portion of the settlers of the territory are understood to be under arms,
on the southeastern border, under the command of Captains Montgomery and
Brown. I do not propose to express any opinion as to the causes that induced
the muster.
Although I have held no correspondence with either of these commandants,
or those of their command, yet I believe that I have influence with them, and
that they will be governed by my advice, if I could see them.
It is understood that a body of United States troops has been ordered in that
direction by you. It is fair to presume that there is danger of a collision ; that
blood may be shed.
Give me your indorsement to act as mediator; I will repair without a moment's
delay to these men, and I have no doubt that I can procure their disbandment,
and bring before you without delay — before the Kansas legislature, now in ses-
sion, or before any tribunal you may name in this country, both the command-
ants before mentioned. Thus can a collision between the general government
and the people of Kansas be avoided, and the spilling of blood prevented.
In making this proposition, I wish it distinctly understood that I will accept
no pay for my services, either from the general or territorial government, but I
am moved only by a sincere desire to restore peace and quiet to that portion of
Kansas. Respectfully, J. H. LANE,
Brigadier-General Kansas Militia, (Elected by the Legislature. )
Executive Office, Kansas Territory, January 10, 1859.
James H. Lane, Esq:
Sir — Your favor of the 9th is this moment received. I thank you, or any
citizen of Kansas territory, for the offer of their services to put down the free-
booters now desolating the counties of Bourbon and Linn, and as soon as the
legislature shall provide a law and means for that purpose, and the difficulty
shall not previously be settled, I shall give due notice to the public for such aid
as I shall want. Respectfully, S. MEDARY.
Fort Leavenworth, K. T., 10th January, 1859.
Sir : In reply to your letter of the 9th inst., I have the honor to inform you
that, by the direction of the secretary of war, I have been instructed to decline
complying with any requisition for troops to suppress disturbances in the terri-
tory of Kansas, and if any troops have been sent out, to recall them immqdiately.
I have received a requisition from Captain Walker for supplies for his command.
According to the tenor of my instructions, I am compelled to decline furnishing
any supplies for troops in the field.
I am, sir, very respectfully, your obedient servant,
ARNOLD ELZEY,
Capt. 2d Artillery, Commanding Post.
His Excellency S. Medary, governor of Kansas.
Governor Medary's Adniinistration. 589
Lawrence, K. T., January 10, 1859.
Capt. W. S. Walker, Commanding First Cavalry :
Dear Sir — I forward you a dispatch received from Fort Leavenworth this
night, and also a copy of a letter from Captain Elzey to myself. I send also to
Marshal Fain a copy of a letter received this evening from the secretary of the
interior — all of which will explain themselves. The marshal will take charge of
the guns and ammunition I sent from Lecompton.
Very truly, S. MEDARY.
Lawrence, K. T., January 10, 1859.
U. S. Marshal Fain :
Dear Sir — I send you a copy of a letter from the secretary of the interior re-
ceived this evening. You had better comply with its requirements at once, and
I would so advise you, and take charge of the arms sent from Lecompton to use
in the service. The letter from the secretary of the interior fully explains itself,
and you will of course proceed accordingly. You had better send a dispatch to
Paris for Captain Weaver, explaining the new turn things have taken, and raise
a posse at once. Very truly, S. MEDARY.
GOVERNOR MEDARY'S MESSAGE.— TROUBLES IN LINN AND
BOURBON COUNTIES.
Executive Office, Kansas Territory, January 11, 1859.
To the Honorable the Speaker and Members of the House of Representatives :
In answer to your resolution of inquiry, which reads as follows: "Resolved,
That the governor of the territory be called upon to furnish to this house any in-
formation in his possession in relation to the difficulties in Linn and Bourbon
counties," I would most respectfully reply that, at this critical moment, I do not
think it advisable for me to make public the names of persons who have given me
information in relation to the troubles in Linn and Bourbon counties. It came
to me in so many shapes, written and verbal, from men whose character for truth
and veracity I have no reason to doubt, and one statement confirming another,
while received from all classes of people, that I felt it my duty to call your atten-
tion to the facts in my message of the 3d inst. But I most cheerfully communi-
cate the substance of the information in my possession, while, from prudential
motives, I withhold the names of my informants for the present.
December 20, the day after my arrival in the territory to assume the duties of
the executive department, a delegation of citizens from Fort Scott waited uxjon
me, asking my protection of the citizens and property of that place from a band
of marauders under the command of a Captain Montgomery, who harbors his
men in Linn and Bourbon counties.
They stated: That on the morning of the 16th of December an armed body of
men, supposed to number 100, well armed with Sharp's rifles, revolvers, and can-
non, entered the town of Fort Scott from the west side. Most of them proceeded
directly to the Fort Scott hotel, wherein one Benjamin Rice was held in custody
by the sheriff of Bourbon county. Rice was immediately released, and put in
possession of arms. During the time occupied in releasing Rice, a number of
citizens were arrested and others fired upon. The house of J. H. Little & Co.
was approached and fired into. The fire was returned by some of the inmates,
but did no particular damage.
Afterward, Mr. J. H. Little, while looking at the crowd outside from a small
window over the door, was fired at, the shot piercing his brain and causing al-
most instant death. The store adjoining the dwelling was then broken open and
590 Kansas State Historical Society.
robbed of most of its contents, amounting to several thousand dollars in value.
The Fort Scott hotel was entered, and robbed of a large amount of wearing ap-
parel, guns, etc.
This body was led on by James Montgomery, and among the members were
men from Linn, Lykins and Bourbon counties, who have for some time past been
pillaging in this and other localities.
Upon receiving this information, I immediately proceeded to ascertain what
force there was in the territory to bring the violators of the law to justice, and
to put a stop to any further or similar outrages. To do this, I had to dispatch
messengers to various points, which I did without further delay. I also em-
ployed men to go to the infected district, at different points, and report to me, as
speedily as possible, the true condition of affairs there — the probable future
â– disposition of the individuals accused, their strength, and all possible facts in
connection with the rumored fortifications that they had constructed for their
â– defense.
The substance of what I could learn, and accredit, is as follows: That those
who visited the infected district met on their waj' thither family after family
Jeaving everything and fleeing for their lives. On inquiring the cause they were
told that Captain Brown has been in Missouri, stolen several negroes (said to be
15), drove away horses, mules, and oxen, and killed a Mr. Cruce, who sought to
defend his property, and that they were afraid the people of Missouri would come
over and take vengeance for it.
Nearing the disturbed district, they found the people much alarmed. All per-
-sons appeared to be under arms; and every one declared that neither person nor
property was safe unless they concurred in the opinions held by Captains Brown
and Montgomery.
They found that many robberies had been committed, which were charged to
the adherents of Montgomery and Brown ; but the perpetrators could not be
arrested and punished. The civil authority seemed to be whollj' powerless. In
fact, the sheriff of Linn county, in trying to raise a posse to arrest some of Mont-
gomery's men, was disarmed in broad day by some of the party he wished to
arrest. Former supporters of Montgomery stated that no man's property was
safe.
They also verify the statements in reference to the attack upon Fort Scott,
and add that Mr. Little was treated by some of the invading party in the most
brutal manner. When he was dying, one of the outlaws took a pistol from his
body, remarking that " he could help him die faster."
It is stated that Rice was well treated, and would have received a fair trial,
which statements were admitted by Rice himself.
The sheriff and deputy marshal of Bourbon county stated that they were not
able to arrest the offenders : that Brown and Montgomery had camped on Sugar
creek, and swore they would not obey laws, nor submit to any arrests, either by
the U. S. marshal or sheriffs, for any offenses they had committed.
Montgomery was asked "if no means could be devised by which he could be
induced to desist driving men out of the territory for opinion's sake?" His
reply was, "that if the governor would, give it to him in black and white that
none of his men should be arrested for anything that had been done ; and that
the pro-slavery men that he had run out should stay out : and that Sheriff Bull
should be removed and Mr. Moore appointed in his stead, then they would stop,
and that he would assist the officers to enforce the laws ; if not, he would fight
it out."
Captain Brown was fortifying himself on Sugar creek, some 12 miles from the
Governor Medary's Administration. 591
state line. He says he will resist any officer sent to take him. Montgomery
claims that he can raise 200 men. They are all well armed. It seems to be the
belief that such a body of men is too strong for any posse the sheriffs of Linn and
Bourbon counties can raise.
''Good citizens that formerly sustained those men, begged to have something
done to stop the ' jayhawking,' as they termed it, or their counties would be de-
populated," is the language used in the written statement handed to me.
During the time that the men I had sent into the infected district were ab-
sent, persons, some of whom had formerly been sympathizers with Montgomery,
came to see me, urging me to take some immediate steps to arrest the course of
the marauders and that portion of the territory from utter desolation; that the
citizens were robbed of their arms, of their horses, of their provisions, and of
their household furniture; that distress and ruin were spread in all directions;
that families of women and children were left without clothing to keep them from
suffering; while husbands were compelled to leave the country under threats of
losing their lives; that consternation and awe pervaded nearly every house where
the inmates were not of the marauding gang: that life was only preserved by un-
conditional submission to all the demands of the freebooters; that bands of 15
or 20 would ride up to a farmer's dwelling, feed their horses from his crib, de-
mand food for themselves, as they displayed their weapons, and, when their
demands were complied with, leave without offering any remuneration, but fre-
quently carrying off a part of the family's clothing, and then ordering them to
leave in so many days, under the penalty of death; that they have three fortifica-
tions, one reported to be very strong; that they have two cannons, a howitzer,
and eight-pounder; that they have a large surplus of Sharp's rifles and Colt's re-
volvers, and are well supplied with stolen horses and stolen provender to feed
them; that they boast of having a great number of sympathizers all over the
country, and are able to hold out in a contest at arms until they can spread a
flame that will dissolve the union.
There are members of your body, your compeers in the halls of legislation,
who were compelled to leave their homes at night to escape their threats that
they should never take their seats among you.
In addition to all this, we have later news, known probably to all by news-
paper reports, that only a few days since these marauders went over into Missouri
again and burned the store of Mr. Jackson, and wounded him by a shot in the
face as he was escaping from his burning building. In addition to burning his
store and all its contents, they stole all his horses but one, which was in the
possession of a gentleman of Kansas territory, who writes me confirming the
newspaper reports.
Having notified the governor of Missouri of the first outrage upon an old Mr.
Cruce, a German by birth, I requested him to prevent, if possible, the Missouri-
ans from crossing into our territory to take vengeance in return, fearing the in-
nocent might suffer with the guilty, and a false sympathy be aroused by the cry
of invasion.
Governor Stewart promptly replied to me that he would use every exertion to
that effect, and took the trouble to send a special messenger to consult me upon
the matter, and prevent any misunderstanding, and carry out my request upon
the subject.
I am compelled to state that these details, startling as they may appear, do
not permit of a doubt upon my mind, as they came to me through men, almost
exclusively, who have been hereto sympathizers of Montgomery, and could have
592 Kansas State Historical Society.
no possible interest in making the disclosures, but subserve the cause of truth,
justice, and the common dictates of humanity.
I had ordered two companies of United States cavalry from Fort Eiley to
accompany the marshal, who declined going unless so protected, and as a nuc-
leus around which the citizens, armed and enrolled as his posse, could with safety
organize. The marshal, in company with cavalry under the command of Capt.
W. S. Walker, arrived last night in the neighborhood of the infected district.
But I regret to say that I received late last evening, from Fort Leavenworth,
notice that the war department had ordered all United States troops to return
immediately to their forts. I at the same time received, by mail from the sec-
retary of the interior, authority to offer a reward of S250 each for the apprehen-
sion of Captains Montgomery and Brown. All of which I transmitted to Captain
Walker, First cavalry, and Marshal Fain, last night, with instructions, if possi-
ble, to deliver them early this morning.
I submit these statements for your consideration and in accordance with your
request. Prompt action on your part I consider of great importance, and I shall
feel it my duty to aid you in every way in my power in restoring order to that
destracted portion of our territory.
Eespectfully, S. MEDARY.
[{House Journal, 1859, p. 44.]
LEGISLATIVE PROCEEDINGS RELATIVE TO THE FOREGOING
MESSAGE.
January 12, 18.59. — Mr. Wright, from the select committee on the governor's
message relative to the Linn and Bourbon county difficulties, submitted the fol-
lowing majority report:
The committee to whom the message of the governor on the subject of the
difficulties in southeastern Kansas [ was referred ] report:
That they have considered the statements of the governor, and we are satis-
fied, not only from his statement but fi-om other evidence, that the counties of
Linn and Bourbon are suffering, and have been for the last year, almost unparai-
lelled evils from the presence of armed bands of men in their midst.
In May last, an armed band, under Charles A. Hamilton, collected together
11 of the citizens of Linn county, and marched them a short distance, and shot
down the whole number, killing immediately five of these unfortunate men.
Such a cold-blooded outrage [has] had no parallel in our country.
Not one of these men so slain had at any time been engaged in the previous
troubles, but were considered conservative men, and opposed to force on either
side.
This outrage struck horror into the public mind, and the border was deserted
for miles on each side of the state line, and when one occasional inhabitant was
seen he was always armed for an emergency. Previous to this occurrence. Cap-
tain Montgomery had organized a band of men, and ordered fi-om the territory
certain pro-slavery men; and this was the only excuse of Hamilton for the out-
rage perpetrated on these innocent men.
The assertion that Hamilton's wife had been outraged or insulted by Mont-
gomery or his men was not true, but the fact was, Hamilton and his band was
afraid to meet the band of Montgomery, and these murders were base acts of
cowardice to wreak revenge on some one where there would be no danger.
In a few weeks after Governor Denver visited the county of Bourbon and
peace was restored for the time; but in a short time Captain Montgomery is
Goveniov Jledari/'s Administyation . 593
found again at the head of his band, and, in company with John Brown, invad-
ing Fort Scott, and entering the state of Missouri, as detailed in the governor's