Weston Arthur Goodspeed.

The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom (Volume 4) online

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the territory, and removing the capital to Minneola, in Franklin
county were .also passed. /Ml thest' measures were vetoed by the
governor, but were i)assed o\ cr his \i'to.

On the 9th of IMarch, 1858, an election for delegates to the
constitutional convention was lield, and the following were
selected: Jefferson county — Edward Lynde, James Monroe,
J. C. Todd, A. W. McCaslin. Shawnee— A. L. Winares, Lucian
Fish, R. M. Fish, IT. W. Curtis, William W^ Ross. John Ritchie.
Atchison— Frank G. Adams, Caleb ^lay, G. M. Fuller, C. A.
Woodworth, II. S. P.aker. Breckenridge— P. 1!. Plumb, William
McCtilloch, John Iv. Swallow. P.utler and Hunter — Samuel
Stewart. Madison — G. D. Humi)hre\'. Finn — .\. Danford,
Tliomas II. P.utler, Robert P.. Mitchell, Robert l-wiug. Prown—
A. P.. Ander.son, Orville Root, A. W. Williams. Richardson-
James Fletcher, James M. Winchell, Ilenry Harvey. Ander-
son— W. F. M. Arnv, AVilliam Spriggs, W. L. Webster. Coffey—
R. A. Kinzie, D. A. Hawkins, J. M. Flliott. Calhoun— W. E.
P.owker, Adam I'-uller. Lykins— (]. A. Colton, Thomas Roberts,
Charles A. Foster, A. Knapp. Franklin— Joel K. Goodin, J. G.
Rees. Wells- A. T. Shnrtlefif. Allen and Pourbon— W. R. Grif-
fith, M. H. Hudson, G. A. Nuller, A. G. Carpenter, G. W. Camp-
bell. Douglas and Johnson — M. F. Conway, E. S. Scudder,
Charles IL R.ranscon'ib, A. Soule, W. R. Monteith, J. M. Shep-
herd, John L. P.rown, P). Pickering, Charles Mayo, lames D.
Allen, T. Dwight Thaelu-r, {anies S. haiierv, .S.uiinel N .Woo.l.
Doni|.h,,n— W. 1). I'.eeler, [ames II. Pane, Willi.un V. Parr,
A. I., /.j.'re, W. I'leming, I'luiji K'obertson, Ch.„lcs IC. iVrhain,
J. F. llami)son. Riley— Isaac T. Goodiunv, F. N. P.lake, Geo. W.



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KANSAS'S STRUGGLE FOR ADMISSION. 267

Iligginbotham. Pottawatomie — U. Cook, J. D. Adams. Davis —
J. 11. Pillsbury. Nemaha— S. S. Wright, R. U. Torrey. Wood-
son — R. Austin, tirecnwood — M. L. Asliniore. Wise — li. J.
K^j)y. Leavenworth — Henry J. Adams, Thomas Kwing, Jr.,
John P. Hatterscheiik, John C. Douglass, James Davis, W. Y.
Roberts, J. M. Walden, WilHam H. Coffin, Tliomas Trower,
H. P. John.Mjn. At huge— B. B. Newton, James Telfer, G. W. K.
Twombley.

Seventy-two of lliese delegates met at Minneola, Mareh 2]. and
organized by the eleetion of (ieneral Lane, pn-sident, Sanuiel [■.
'I'appan, chief cleric, and Ceorge 1*". Warren, sergxant-at-arms;
Lane afterward resigned, and ^L 1". Conway was electeil. On
tlie 24th the conventi(jn adjourned to Leavenworth, where it
remained in session until A^^ril 3, and then adjourned, after
having adopted a constitution and provided for its submission to
the people on the iStli of Ahiy. '^ A free-state conventon at
Topeka, in April, nominated candidates for state officers, to be
voted for at the same time. About 3,000 votes were cast for this '
ticket and the constitution. The latter was presented to con-
gress, but no action was taken upon it by either bouse.

This lack of interest in the fate of the Leavenworth constitu-
pon was due to three causes, hi the first place, the act author-
izing the convention ])as^ed the legislature one day after the
exi)iration of the legal limit. This brought the validity of the
legislative act.i into (pustion. Congress was then considering the
proposition to admit Kansas under the Lecomplon constitution,
and iinalh' it was hampered b\' a land scheme in connection with
Mmneola. Lebrnary i>), J.nnes .S. (been, of Missouri, introduced
a bill in the United Slates senate, to ailiiut Kan.sas with that con-
stitution as the organic law of the state. The bill passed the
senate in March by a v(;te of t,^ to 25 ami was sent to the house.
There the bill known as the Critten(k'n-Akjntgomery substitute
was passed in its stead. The substitute measure provided that
the c(jnstitution should again be submitted to the i>eople. If it
should be ratified by the electors of Kansas, then the state was to
be admitted without delay; if the peoi)lc rejected it, a new con-
stitutional convention was to be ordered. Lor a time neither
house wi)ul.l yield to the other, and it loolced as though nothing
would be accom|dished. About the middle (if April William II.
English, a nujuber of the house from Indiana, nuM'ed to agree to
a confereiKe committee, in accordance with a motion that had
passed the senate the day bef(jre. ( )n that commillee, James S.

*'l'liln WHS Kiiowi] as I In: "l.i'iivciivvDrdi CumsIII ill Imi."



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268 '/'///• r KOI' INCH AND run STATES.

Green, of Alissouri, R. -M. T. Hunk-r, of Virginia, and William II.
Seward, of New York, reiu-rseiUecl the seiialc. and William H.
Englisli, Alexander 11. Stephens, uf Gror-ia, and William A.
Howard, of Miehij^an, rei)rLseiil(.(l the liunsr.

On April 2,^, Mr. luit^lisli, on l.ehalf ui the edniniitlie, npurted
a eoin]iriiinise hill, wliieh socm hceanu- known far and wide as
the -hni^lish I'nll." Tins hill emhodied the Gritti-nden amend-
ment to resuhmit the eon.-titution. If it were adopted, the state
was to receive a liheral donation of pnhlic huuls for her institn-
tions and for internal improvements; hnt, if it were rejected, it
wonld re(|nire several years to L;et the qnestion aj^ain l)efore con-
gress. The hill i)asM-d' holh honses on the la^t dav <d" Ai)ril, and
was signed hy the pre.Mdenl on the .^th of May. Tims it ha|«pened
that, at the time the \(ite was taken (n\ the l.easenworlh eunsli-
tutiun, .another electie)n which had the sanction of congress was
pending, and this served to detract from the interest that might
otherwise have heeii shown. C)n June 2, Governor IX-n\er issued
a proclamation, fixing August 2 as the day to vote on the
Lecompton constitution, as provided in the English hill. At that
election the fate of the jjro-slavery constitution was forever sealed.
Out of an agg"regate \ote of 13.088, the maj(jrity against it was
9,512. The peojde of Kansas expressed them.ielves in favor uf
the continuation of the territorial government, with all its draw-
hacks, rather than admission to statehood under such a constitu-
tion.

During this time all the interest was not centered ujjon the
question of .securing a constitutional g(.)\ernment for Kan.-^as. In
the southeastern part oi the state, during the _\ears 1857 and 1858,
there was almost a repetition of the scenes of the Bortler War.
The trouhles hegan in 1850, when a numher of free-state settlers
were dri\en from iheir home?. The>- came hack the next spring'
and undertook to regain possession, hut warrants for their arrest
were issued h)' the court at Fort Scott. Among those who were
tluKS persecuted was one J.ames Montgomery, a minister of the
g'ospel, whose hou.^e was hunied ihiring his ;ihs(,nee from huiiie.
I'-rom that time he .served the elinrch milil.int in a most literal
sense, lie org.ini/ed the ".Sel I - 1 'roU'dive Gompany" and carrieti
the war into the enemy's country. Leading ])ro-slavi-ry men
were notihed to leave the territory, and ine)st of tln'ni heeded the
warning, hor the time heiiig iMontgomery was master of the
situ. ..11. When Ihe fi( c-stiile men were lhrc;ileiied wilh arrest,
he I. 1, li.iled h\ oi-.mi/ing a •■S,|u,tliti Goiiil," heloic wiiieli pro-
sl;ivei\ men wen- snnmioiied ;ind coinpelli'd lo make i( slilulioii (jf



zivrrT?. BUT



.:,^, KANSJS'S STRUGGLE FOR ADMISSION. 269

' ' ,?

the claims, live stock, etc., taken from free-state settlers. About
the middle of December, 1S57, ileputy marshal, John J. Little, •

with a ]iosse of f()rty men started ont from b'ort Sci)lt to arrest <

this court. The court, however, fortified itself in a loi,'' house and •,

offered resistance. Several shots were exchant^ed; one of Lit- }

tie's men was killed and two were woundetl. Little then retiretl j,

without making- any arrests. ■ ;

On January 4, 185S, when the vote was being taken for state \

officers under the Lecompton constitution, Montgomery destroyed
a ballot bo.K at Suj.^ar Mound in Linn county. Shortly after this 1

Governor Denver ordered two companies of mounted dragoons |

to Fort Scott with instructions to report to Judge Williams or |

Deputy Marshal Little. The presence of the troops encouraged ;

the pro-slavery men to renew their old policy toward their op- 'I

ponents. On the night of March 2y, two free-state men, named |

Denton and lledrick, were killed during a jn'o-slavery raid on the ?■

Little Osage. Another attempt io arrest Montg-omery, who w^s |

then in the vicinity of k\irt Scott, was made soon after this. 4

Captain Anderson took thirty dragoons and went out to capture ^

the free-state terror. JMontgomery took up his position in a deep \

ravine on Yellow Paint Creek, where he could be approached only Jj

from one direction. As the regulars approached, they were three j

times ordered to halt, and were then fired upon. Captain Ander- 'f

son was wounded, antl his horse was shot under him. One I

soldier was killed and another was so badly wounded that he soon |

afterw^ird died. Seeing that Montgomery occupied an impregn-
able position, the troops fired one volley and retired.*

On May 19, 185S, a party of twenty-five men from West Point,
Mo., untler Capt. Charles fLimilton, crossed the border and
arrested eleven free-state men in the neighborhood of the Chou-
teau trading post in Linn county. The prisoners were taken to a
lonely spot on the Marais des Cygnes river, about three miles
from the trading post, ordered to stand u[) in line, and were then
fired upon by the guerrillas. iMve fell dead, and the others were
wounded, but by feigning- death they escaped. After robbing the
bodies of the dead and wounded, the ruffians left them where they
had falKn and returned to Missouri. This affair is known as the
iMarais des Cygnes massacre. The ]A:ivc where it (Occurred is
now marked by a monument, and the event li\es in son,g throug"h
Whittier'h \iocm "Le Marais tin Cygne." llaiiiilton and his men



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70



THE I'ROVINCLi AND THE STATES.



were followed by a party under Captain Montgomery and
Robert I!. Mitebell, but were not overtaken.

Early in June Montgomery decided to attack Fort Scott, which
was a strong pro-slavery town. On the night of the 6th he made
a raid n])on the place and attempted to burn the fi)rt and hotel,
but tlie citizens turned out and extinguished the llames Ijefore
serious damage was dcjne. Montgomery's men fired a few rounds
upon the town and then retreated to the Hig I'.end of the Marma-
ton, five miles away, where the)' would be in a position to with-
stand an attack, but none was made. When news of this act
reached (lovernor Denver, he determined to go in person to the
scene of the trouble and try to restore order. On June 9, in com-
pany with Dr. Charles ]\obinson, Judge John Wright, and others,
he left Lawrence for Fort Scott. At Moneka, Linn county, they
were joined by Montgomery, ddie governor made speeches at
various jtoints, in which he suggested the following- terms of
peace: lie agreed to willulraw the L^iited Stales troops from
Fort Scott; permit an election of new county officers in 15ourbon
county; station troops along' the Missouri border to protect Kan-
sas settlers from invasion ; and sus[jend all old writs until properly
authenticated by courts of competent jurisdiction. J kit, on the
other hand, he demanded the innnediate disbanding of Montgom-
ery's men and all other armed organizations, no matter on which
side they were arrayed. The terms were finally accepted. All
companies of bushwackers were dissolved ; the troops left Fort
Scott; and Captain \\\'aver, with his company, was stationed at
the trading po.sl to protect IIk- border.

On the 5di of Sei)(eniber, 185S, Clovernor Denver sent in his
resignation, to take elTeet October 10, at which time Hugh S.
Walsh, who had been appointed secretary the preceding !\Iay,
became acting governor. On November 9, the governor issued
his farewell address to the people of Kansas. Ten days later
Samuel IMedary, of Ohio, was appointed to succeed him. Gov-
ernor Medary took the oath of office in Washington, December I,
and on the 17th arrived at Leconipton.*

Following the resignation of Governor Denver, the troubles
reaijpeared in Linn and I'ourbon counties, the free-state men this
time being the aggressors. In November a man named Rice was
arrested on a charge of murder and lodged in the I'"ort Scott
jail. Oi. December 16, Montgomery, with sixty-eight nu'n, went
t(. I'oil -'-ll and nl(';i!, d the pri.-in - r. Wdrd..- trvin-; l.i prevent
MontgoiiHiy from carr)ing' out bis designs, J. II. Little was

•Fur liiiii^i.iiiliKal sliclrli oT Saiuucl Mrdary, ki'L- (lie ill.slory of Miiiiic.S(,lu.



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KANSAS'S STRUGGLE FOR ADMISSION. 271

killed. Throe clays later John Brown and his men crossed over
into Missouri, liherated fourteen slaves, and started north with
tliLin tlirouj^ii Kansas. (K:)verni;r Stewart, of Missouri, oiYered
a reward of three thousand dollars for I'.rown's arrest, d'o this
President Ihichanan adde<l two hundred and hfty tlollars more.
A party from Atchison tried to cajiture him as he was passing
through Jackson county. Near the town of Holton a fight ensued,
since known as "the hattle of the Si)urs,"in which the Atchison
men were forced to retreat.

The fourth territorial legislature assemhled at Lecompton
January 3, iS5<;, and organized hy electing Carmi W. Bahcock
presiilent of the council; A. S. l')evenney secretary; A. Lar-
zclere speaker of the lujuse, and I'.yron ]'. Ayres chief clerk. An
adjournment to Lawrence, where the session was fmished, was
talaii the next day. 'Jdie "hogus laws" of 1X55 were rei)ealed,
and at midnight h'ehruary u, when the session linally adjourned,
a honlhx' was made, and several copies of the olmoxious statutes
were burned. Wyandotte county was created, January 29, from
parts of Johnson and Leavenworth, and provisions for its organi-
zation were made. The counties of Montana, El Paso, Ore,
Broderick, and hVemont were established, and commissioners
with power to call an election to com])lete the organization were
appointed for each. \\'ist', I'.uIKt and Chase counties were organ-
ized, I'Vbruary 11. Put the most important measure ])asse(l dur-
ing the session was that inovidiug for a i-ouhlilulional convention
at \Vyaudotle. In accortlance with the ])rovisions of this act,
C.o\ernor i\ledar\- issued a privlamation, March 7, ordering an
! election on the jSth, for the people [o decide whether they wanted

I such a convention held. A total of (),73i votes of which 5,306

[ were in favor of the convention was polled on this occasion. The

j governor then ordered an election of delegates on the 7th of

• June.

I Before this election was held, an event that virtually drojiped

f the terms "free-state" and "[)ro-s!avery" fnjm the p(jlitical annals

I of Kansas occurred. That event was the organization of the

Republican i)arty, by a convention at Osawatomie, on the iSth of

I May.* Horace Greeley was itrt'sciit at this convention and niaile

a speech. ( ireeley did not address the ccjuvnilion hut spoke in a

hall in town to tlK' general public because some of the Icadt'rs felt

it wt)uld be :iu\vise to have his decided views srt forth at a time

when it \va' nillicult to secure harmonious action of all parties.



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■2-]2 THE I'h'Ol'IXCli .IN I) run ST.ri'liS.

After the organizalion oi llic new i)arty, frcc-statc niL-n generally
affiliated with it, while the (ippu^iticjii arrangeil themselves under
the banner uf Denujcrac)-. The candidates for delegates to the
Wyandotte con\enlion were nominated as Republicans or Demo-
crats. At the election 14,1)0) vutcs were cast. Of the 52 dele-
gates, ^^5 were Rci)ublicans and 17 Democrats. l'\jllowing is a
list of the ilelegates chosen : Leavenworth county — William
Perry, Samuel A. Stin.sun, John P. Slouch, Frederic Brown,
William C. McDowell, Samuel Hippie, Robert C. I'oster, Adam D.
McCune, John Wright, Rascal S. I'arks. .Xtchison— Robert
Ciraham, Caleb iMay, John J. Ingalls. Doniphan— Robert J.
i'orter, John W. l''orman, John Sliarwalt. llenjamin Wrigley,
E. AI. Hubbard. Rrowu — Sauuiel A. Kingman. Nemaha —
Thomas S. Wright. Marshall and Washington— J. A. Middle-
ton. JefTerson — C. B. McClelland. Jackson— l^phraim Moore.
Riley— S. D. Houston. I'oltawatonne— Luther R. Palmer.
John.son— J. T. Rartou, John T. Ihuris. Douglas— James lilood,
Solon O. Thacher, R. 1.. Williams, William fhitchison, N. C
Blood. P. H. Townsend, Ldwiii Stokes. Shawnee — John P.
Greer, John Ritchie, LL D. Preston. Wabaunsee, Davis, Dickin-
son and Clay — Edmund G. Ross. Lykins — Benjamin F. Simp-
son, W. P. Dutton. b'ranklin — James ILinwa}-. Osage, Morris,
Breckinridge and Chase— James AL Winchell, Willia^n McCul-
loch. Linn — James M. Arthur, Josiah Lamb. Aiulerson— James
G. Blunt. ColTey and Woodson — Samuel E. Llotlman, Allen
Crocker. Madison, Rutler, Himter, Greenwood, Godfrey and
Wilson -Geon;e H. l.illie. r.ombon, iMcGee and Dorn— J. C.
r.umell. Wilbam R. Gririilh. Allen -James H. Signor.

The couveiilion met on the 5lh of July, and remained in sessieMi
until the Jijth. A temporary organization with S. A. Kingman,
of ])rown county, in the chair, and John A. Martin as secretary
was cfl'ected. Mr. Martin was also permranent secretary of the
convention and James M. Winchell, of Osage county, was per-
manent president. The ( )hio constitution upon which it was
designed to Construct this bmrth constitution of Kansas, and the
one under which the slate was subseipieiitly admitted, was taken as
a basis. When it was comi)lete, it was signed b)' ihirtyTour of
the Reijublican delegates. Among them were J(;hn J. ln<;alls ami
Eflnumd (/. Ross, both of whom afterward served the stale in
the United States senate.

P.y tb' e,.iistitnli(»n it was ordained thai K.nisas should relin-
t|nish r ■ ii'dil to tax llie lands of llie I Muted Slates lying within
the bordei:, of ^laje, piovided e(,U);iess :,h.,nld a^jve'to the U,\-



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^7-» K.l.VSAS'S STRUGGLE FOR .IDMISSION. 273

lowing conditions : That sections sixteen and thiriy-six in each
township should lie L;Tante(l to the state as an endowment for the
supiMMi of tlie common schools; that .seveiilN'-two sections should
he set apart for the estahlishnient and maintenance of a state
iniivrisil\- ; ihat tliirl\''si\ sections should he donated for the erec-
tion of puhlic Iuiildini4s; that se\'ent)-t\\'0 sections should he
granted for the erection and support of charitahle and Ijcnevolent
institutions; that all salt si)rings (not exceeding twelve), with six
sections of land adjoining each should he granted to the state for
puhlic improvement })urposes ; that fi\e per cent, of the proceeds
residting from the sale of puhlic lands in Kansas, after the ad-
mission as a state, should he paid as a common school fund; and
that five hundred thousand acres of land should he given to the
state under the act of Septemher 4, 1841, as an additional endow-
ment for the public schools.

Clause six of the hill of rights provided that "There shall be
no slavery in this state; and no involuntary servitude, except for
the punishment of crime, whereof the party shall have been duly
convicted." The rights of religious liberty, of trial by jury, to
bear arms for defense, to assemble peaceably, to petition the gov-
ernment for a redress of grievances, to free speech and a free
press, were guaranteed by the constitution, and imprisomnent for
debt was [>rohihited.

The usual departments of govermnent — the executive, legisla-
tive and judicial — were established. The e>'ecutive jiower was
vested in the governor, lieutenant-governor, secretary, auditor,
lrea>nier, atlorue\ general, and snperiiUemknl of puhlic instruc-
tion. The legihlalivr de|)arlmein wa^ made to consist of a senate
of twenlv-live members anil a house of representatives of seventy-
five memhers ; but this legislature was given power to regulate
by law the number of members in each branch after the first elec-
tion, provided that the number of senators should never exceed
thirty-three, nor the number of representatives, one hundred.
Representatives were to be elected for one, and senators for two,
years. The judicial power was vested in a supreme court of three
members, elected for six years, the district courts, five in number,
a ])robate court in e.acli county, and such inferior courts as might
be established by law. All white male citizens of the United
States, or persons of foreign birth intending to become citizens,
who had resided in Kansas six months, and in the ward or town-
shi|) thiriv days, were declared lo be legal voters.

Section nine, article fifteen, proviiled that, "A homestead, to the
IV— 18



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77//: FROUNCE AXD THE STATES.



extent of one hundred and sixty acres nf farming land, or of one
acre willun ihe limits of an incorporated t(.)\vn or city, occupied
as a residence hy liie faniil)' of the owner, toL;etlier with all im-
])rovemenl^ on the same, shall he exem])t fre>m forced sale under
the i)rocess of law, and shall not he alienated without the joint
consent of husliand and wife, when that relation exists; hut no
]M-operty shall he exempt from sale for taxes, or I'or the payment
of ohh\q-ations contracted for the ])urchase of said premises, or
for the erection of improvements thereon : I'roi'idt'd. The pro-
visions of this Section shall not n\)\Ay to any process of law
ohtained hy virtue of a lien ;;i\'en hy the consent of l)oth husband
and wife."

A warm ilel)ate over tlie incorporation of this section in the
organic law ensued, and it was iinally ilecided to submit it to a
vote of the ]>eople, as a separate pro])o.-.ition, lea\'in^- to them the
question whether it should beccjuie a i)art of the constitution. A
proclamation calling an election for Ociober 4, at which the cor)-
stitution should be ratitied or rejected, and at which the question
whether the homestead exemption clause should l)ecome a consti-
tutional provision should Ije decided, was issued on the 12th of
September bv I 'resident W'inchell and Secretary [Martin. The
constitution was ratitied by a vote of 10,421 to 5,530. On the
homestead question there were 8,788 votes in favor of the section
and 4,772 against it. It was therefore made a part of the con-
stitution.

While the constitutional convention was in session, a treaty
was made with the Swan t'reek and lUack Ki\er bands of L'hip-
l)ewas. i)\ which liie Munsees, or Christian Indians, were united
with them, and their reser\ati(<n. established by the treaty of
May 9, iS3(), except about eight thousand acres, was ceded to the



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