CHAPTER III

KANSAS--A CRISIS IN OUR NATIONAL HISTORY

_There are no greater heroes in the history of our country

than Eli Thayer of Massachusetts, and Charles Robinson of

Kansas._--WILLIAM H. TAFT

In its relation to Government, our country has completed two periods of

its existence. The Colonial period ended at Yorktown. The period of

State Sovereignty had its ending at Appomattox. Kansas was the herald of

Appomattox; the climax in the series of political incidents which led to

secession and the war between the States.

By the Ordinance of 1787, the last Continental Congress excluded slavery

from all that part of the public domain lying north of the Ohio River.

In 1803 our territorial limits were expanded by the purchase of

Louisiana, and a serious clash between the Free and the Slave sections

of the country came upon the division, in relation to slavery, of this

newly acquired domain. It was precipitated upon Congress by the

application of Missouri, in 1818, to be admitted into the Union. Its

constitution provided for slavery. The northern part of the new state

extended from the Mississippi to the Missouri; the north boundary being

40° 30' north latitude; and this line, taken in connection with the

Platte River from the Missouri to the Rocky Mountains, suggested what

the South intended should be the dividing line between the sections in

the new territory. After two years of acrimonious debate a compromise

measure was adopted admitting Missouri, as prayed for, but excluding

slavery forever from all the remaining territory, acquired from France,

lying north of 36° 30' north latitude.

The debate upon the measure developed the existence, in the North, of a

growing hostile sentiment toward slavery, which confirmed in the minds

of Southern statesmen the necessity of keeping the number of Slave

States equal, at least, with the number of Free States; for only by thus

maintaining a balance of power in the Senate, could legislation adverse

to slavery be prevented. Also, the limitations of the compromise

agreement emphasized a further necessity; the acquisition of additional

territory south of 36° 30' from which Slave States could be created in

the future, to balance the admission into the Union of prospective Free

States. This resulted in a propaganda for territorial expansion

southward. In pursuance of such policy, the revolt against Mexico, by

Texas, was probably encouraged.[60] In discussing the recognition of the

Republic of Texas, in January, 1836, Mr. Calhoun said, "It prepared the

way for the speedy admission of Texas into the Union, which would be a

necessity to the proper balance of power in the Union between the

slave-holding and non-slave-holding Commonwealths, upon which the

preservation of the Union and the perpetuation of its institutions

rested.[61]

The State of Vermont "apprehended that the political strength which the

annexation of Texas would give to the slave-holding interests, would

soon lead to a dissolution of the Union, or to the political degradation

of the Free States"; and, in pursuance of that apprehension the

"Legislature of Vermont adopted a set of resolutions protesting against

the annexation of Texas or the admission of any Slave State into the

Union," which was presented in Congress.[62] Having respect for Northern

sentiment, Congress kept Florida waiting six years: until Iowa was ready

to come into the Union.[63] The South consented readily to the

settlement of the "Oregon Boundary Question" at 49° north latitude

instead of 54° 40'. In fact, at the time the Democratic National

Convention of 1844 declared our title to the whole of Oregon as far as

54° 40' to be "clear and unquestionable," Mr. Calhoun, secretary of

state, had proposed to Her Majesty's representative to settle the

controversy by adopting the 49th parallel as the boundary.[64] Texas was

admitted into the Union; the articles of annexation providing that it

might be subdivided into five states, at any time it chose to make such

division. Also, after a war of conquest with Mexico, Upper California

and New Mexico were added to the public domain.

The mutual congratulations indulged in by the Southern managers over the

accomplishment of the pro-slavery program for territorial expansion,

were interrupted by intelligence of the most startling character. Before

the Treaty of Guadalupe Hidalgo had been signed, gold was discovered in

the Sierras, and the occupation of California by emigrants, principally

from the Northern States, was an immediate result. Thus, the conquest of

Mexico--the prize trophy in the triumphal procession of pro-slavery

events--carried with it, by the irony of fate, the Nemesis of her

despoiled people. Within two years a Free State had been carved out of

the Territory which the South had won for slavery.

The contests which were had over the admission of Missouri into the

Union, and the annexation of Texas, were trivial in comparison with the

storm that burst upon the Thirty-first Congress over the admission of

California. The already strained relations between the North and the

South reached the limits of tension; and but for the tabling of the

"Wilmot Proviso," and the adoption of the "Compromise" measures, the

cords that bound the Union would have snapped then and there. "The first

weeks of the session were more than enough to show in its full breadth

and depth, even to the duller eyes, the abyss that yawned between the

North and the South."[65] "All the Union men, North and South, Whigs and

Democrats, for the period of six months were assembled in caucuses every

day, with Clay in the chair, Cass upon his right hand, Webster upon his

left hand, and the Whigs and Democrats on either side."[66] It was

during this debate that Mr. Seward announced the doctrine of the

"_higher law_":

The Constitution regulates our stewardship; the

Constitution devotes the domain (the territories not formed

into states) to union, to justice, to defence, to welfare,

and to liberty. But there is a _higher law than the

Constitution_, which regulates our authority over the

domain and devotes it to the same noble purposes.

Webster thus began his great speech:

I wish to speak today, not as a Massachusetts man, nor as a

Northern man, but as an American.... The imprisoned winds

are let loose. The East, the North, and the stormy South

combine to throw the whole sea into commotion, to toss its

billows to the skies, and disclose its profoundest

depths.... I speak today for the preservation of the Union.

Hear me for my Cause.[67]

Said Toombs of Georgia:

I do not then hesitate to avow before this House and the

Country, and in the presence of the living God, that if by

your legislation you seek to drive us from the territories

of California and New Mexico, purchased by the common blood

and treasure of the whole people, and to abolish slavery in

this district, thereby attempting to fix a National

degradation upon half of the states of this confederacy _I

am for disunion_, and if my physical courage be equal to

the maintenance of my convictions of duty, I will devote

all I am, and all I have on earth to its consummation.[68]

This speech was repeatedly interrupted by storms of applause. And

Stephens, too, was greeted with loud acclamations when he announced his

concurrence in every word of his colleague, and declared the Union

dissolved from the moment an attack upon a section became an

accomplished fact.

Colcock of South Carolina then announced that he would bring in a formal

motion for the dissolution of the Union, as soon as the abolition of

slavery in the District of Columbia should have been resolved upon, or

the Wilmot Proviso passed.[69] The compromise agreement was effected by

the fine patriotism, the sagacity, and the personal sacrifice of two

great figures of that generation: Clay and Webster. In promoting this

measure, they exhausted their political resources, and forfeited their

political fortunes. Neither of them could have been reëlected to the

senate.

Nothing was settled by the compromise of 1850; both sides accepting it

in a tentative way. "The present Crisis may pass," wrote Mr. Stephens in

1850,[70] "the present adjustment may be made, but the great question of

permanence of slavery in the Southern states will be far from being

settled thereby. And, in my opinion, the crisis of that question is not

far ahead."

This review, altogether too brief, is made herein to show the extreme

tension of the sectional feeling which existed in the country on account

of the extension of slavery; and the national significance of the

struggle that was soon to develop over the question in Kansas. It also

foreshadows the action the Southern States would surely take, if the

Kansas decision declared against them.

By the admission of California into the Union as a Free State, the South

lost the "balance of power"; but the general situation at the time was

far from being hopeless. Further territorial expansion was

necessary--imperatively so--but the prospect was still full of promising

possibilities. There was Cuba, that Buchanan had offered a hundred

millions for in 1848; out of which two, or, if necessary, three States

could be made. And, looming up in the more remote horizon, were

Nicaragua and the remainder of Mexico. And, last but not least,

"Squatter Sovereignty," or, in more modern parlance: "Let the People

Rule."

The "Pearl of the Antilles" was the prize trophy in the new crusade for

territorial acquisition, and "Free Cuba" the slogan. The efforts to get

control of the island, for purposes of annexation, were persistent, and

the history of them is intensely interesting. First came filibustering

operations. Three expeditions were sent out in 1849-1851. The command of

the last of these was offered--first to Jefferson Davis, and then to

Robert E. Lee.[71] It sailed August 3, 1851, under Lopez. In the first

scrimmage with the Spaniards, Colonel Crittenden (son of Senator

Crittenden of Kentucky) and fifty of his men were captured, taken to

Havana, and shot, August 24th. The remainder of the Army of Invasion was

defeated; Lopez was taken and garroted; and his followers who had been

taken prisoners, were sent to Spain.

General Quitman's expedition, organized in 1853-1854, would have been

more formidable than any theretofore undertaken. He had commanded a

brigade in General Scott's army, in Mexico, and had been Governor of

Mississippi. His demonstrations, however, may have been merely in

support of Mr. Marcy's efforts, at the time, to open negotiations with

Spain for purchasing the island. Meanwhile the Black Warrior incident

offered the most promising opportunity of all. The provocation in that

case could have been held to be sufficient to justify a declaration of

war; and that surely would have been the result, had it not been for

the tornado of anti-slavery sentiment which was let loose at the time by

the promulgation, in the Kansas-Nebraska bill, then pending in Congress,

of the new doctrine of "Squatter Sovereignty"; and by Mr. Dixon's

amendment thereto, expressly repealing the restriction of the time

honored Missouri Compromise. "It may be affirmed with confidence," says

Mr. Rhodes,[72] "that Northern public opinion, excited by the

Kansas-Nebraska act, alone prevented this unjust war." The New York

_Courier and Inquirer_ said June 1st:

Does any sane man live who believes that if Cuba was

tendered to us tomorrow, with the full sanction of England

and France, that this people would consent to receive and

annex her?... There was a time when the North would have

consented to annex Cuba, but the Nebraska wrong has forever

rendered annexation impossible.

A revolution in Spain gave an opportunity for negotiations to purchase

the island; but the suggestion that a few millions of money should be

placed at the disposal of the Executive, during the recess of Congress,

to be used in the Spanish-Cuban business, met no response;[73] while the

"Ostend Manifesto" received no consideration whatever. The trouble was

that the South had been moving with too much energy and too arrogantly.

Her statesmen had undertaken to do everything at once. Had they been

less aggressive, or more conciliatory and diplomatic, and concentrated

their efforts on the acquisition of Cuba, they surely could have

succeeded;[74] and would then have been in position to await the

psychological moment to move the Kansas question. The Missouri

Compromise was a "solemn covenant entered into by two opposing parties

for the preservation of amicable relations." It was not sustained by any

constitutional authority. Kansas Territory, therefore, might have been

peacefully occupied by emigrants from Missouri and the Southern States,

as Missouri had been, leaving, with confidence, the constitutionality of

the restrictions against slavery, for future settlement by the courts.

The creation of the State of Kansas was a political proposition pure and

simple. The amendment to the Nebraska bill creating Kansas Territory

provided for a "complete Territorial government; including a legislature

with two houses and thirty-nine members; although, at the time, there

was not one white man in the Territory, except those intermarried with

Indians and the few who were there under authority of Federal law....

The project fell upon Congress as suddenly and apparently as uncaused as

a meteor from the political sky."[75]

The settlement of the Territory was promoted by the leaders of the

pro-slavery and anti-slavery sections of the country. The South was

spurred to activity by the extremity of its political and commercial

necessities; while the North was impelled by a great moral sentiment,

that had developed with time and changes which had occurred in public

thought and in economic conditions. But the fact should not be lost

sight of, that the ethical emotions which nourished this sentiment had

their origin, or beginnings, in the unprofitable and unsatisfactory

character of slave labor in that section. The Southern statesmen staked

the entire stock of their political assets on the result in Kansas. The

North already had a majority of one State, with the Territories,

Minnesota and Oregon, waiting at the threshold of the Union for

admission into the family of States. If the South lost Kansas, its

political power and prestige would be destroyed; slavery would

thereafter be dependent, in the Union, upon the mercy or charity of the

aggressively hostile anti-slavery sentiment which it had too arrogantly

aroused.

The plans of the Southerners for the creation of the new State, were

well matured, and seemed in every way feasible. The geographical

situation was ideal. The close proximity of the friendly State of

Missouri, with a large percentage of its population on its western

border, backed by the mutuality of every Southern State, seemed to be

sufficient guaranty that the necessary voting population could, and

would, be promptly furnished. They had good cause to believe that they

could get their people into the Territory in sufficient numbers to

control the necessary elections.

In the Senate Mr. Seward said, May 25, 1854:

The sun has set for the last time upon the guaranteed and

certain liberties of all the unsettled portions of the

American continent that lie within the jurisdiction of the

United States. Tomorrow's sun will rise in deep eclipse

over these. How long that obscuration shall last, is known

only to the power that directs all human events. For myself

I know this: that no human power can prevent its coming on,

and that its passage off will be hastened and secured by

others than those now belonging to this generation.[76]

Authorities by the score might be cited to show the gloom and

despondency of the North at this time. The people had reason to believe

that Kansas and Nebraska would become Slave States, and that the

preponderance of Southern influence in governmental affairs would be

perpetuated indefinitely.

May 30, 1854, the Kansas-Nebraska Bill was signed and the doctrine of

Squatter Sovereignty thereby crystallized into law. Immediately the

historic contest for the occupation and political control of Kansas

Territory was on: a contest that marks an epoch in the history of our

country. The great events of the succeeding decade: the acts of

secession, the war between the States, with its tragedies; and the

Emancipation Proclamation, were all involved in the result.

It cannot be said that the contest was of local concern, carried on

between factions in Kansas over the question whether the State should be

a Free State or a Slave State; for at that time there were no settlers

in the Territory to comprise such factions. The interest in the

impending struggle was nation wide. Congress had merely cleared the

ground for action; "pitched the ring," for what was to be the first

political battle in the "fight to a finish" between the slave-holding

and the non-slave-holding sections of our country: the beginning of the

final struggle between freedom and slavery.

The question of slavery in the Territory was to be decided by the votes

of the people who would emigrate to and occupy it. The South had chosen

to place its reliance upon votes in a contest where oratory, tact, and

statesmanship had theretofore failed. Its slogan was "Squatter

Sovereignty." The answer given back by the North was "Organized

Emigration:" "a power unknown before in the world's history."

The rapid settlement of California had shown that any country will draw

emigration thereto, if it offers an attractive lure. Mr. Eli Thayer, of

Massachusetts, had made a note of that fact and believed that what the

discovery of gold had done to promote emigration to that state, the

advantages of soil and climate for successful home building, would do

for Kansas, if properly advertised. The formation of the Massachusetts

Emigrant Aid Company, with an authorized capital of $5,000,000, was a

result of his conclusions upon the subject. It proved to be "a stronger

defiance to slavocracy than anything ever uttered in the hall of

Congress." This commercial novelty put its capital in the advance

instead of in the rear of the column of occupation. It assisted

emigrants to reach their destination, and helped them to develop their

farms. For this purpose it installed saw mills and flour mills, where

needed; furnished machinery and implements; built churches, school

houses, and hotels. Also, it proposed to earn dividends for its

stockholders by these and other investments. As Mr. Thayer expressed

it: "When a man can do a magnanimous act; when he can do a decidedly

good thing, and at the same time make money by it, all his faculties are

in harmony."

An incident of the period of the occupation of Kansas is thus related by

Mr. Thayer on page 187 of the _Crusade_: "One day, in 1855, Senator

Atchison, with some others, was at the wharf in Kansas City, when a

river boat approached with one of our engines on deck. Atchison turned

to those on the right and asked: 'What is that on the deck of the

steamboat?' His companion answered: 'Senator, that is a steam engine and

a steam boiler.' Turning to the others he repeated his question. They

repeated the answer before given. He replied: 'You are a pack of ----

fools. That is a Yankee city going to Kansas; and by ----! in six months

it will cast a hundred Abolition votes.'"

The affairs of the company in Kansas were placed under the direction of

Dr. Charles Robinson, also of Massachusetts. He came to the Territory

early in July, 1854; located the town of Lawrence, and established there

the headquarters of the bureau of northern immigration.

Naturally the first immigrants to arrive came from Missouri. In

sentiment they were quite unanimously pro-slavery; but that was not

discouraging, for the publicity bureau, organized by Mr. Thayer and ably

backed by Mr. Greeley through the columns of the New York _Tribune_, had

proclaimed the advantages and possibilities of the new Territory far and

wide; and the public interest thus awakened gave ample promise of

satisfactory results in the near future. July 31st, the first

consignment of emigrants from the North, twenty-nine in number, arrived

at Lawrence; and September 2d the second installment of one hundred and

fourteen arrived and joined the initial company. Within a few months

"Organized Emigration" was in successful operation; and by the close of

the year 1856, it had fulfilled the Kansas prophecy. As Mr. Thayer

states it:[77]

We had triumphed in the great conflict. We had in Kansas

four Free-State men to every one of our opponents; our

numbers were rapidly increasing while theirs were

diminishing. Buford had returned to Alabama. Atchinson and

Stringfellow had given up the fight.

Concerning the Kansas conflict Dr. Burgess says:

The record of this struggle is certainly one of the most

remarkable chapters in the history of the United States.

There is much to admire in it, much to be ashamed of, and

much to be repudiated as foul and devilish. The prudence,

moderation, tact, and bravery of Dr. Robinson and his

friends have rarely been excelled by the statesmen and

diplomatists of the New World or of the Old. They were

placed in a most trying situation both by their foes and by

those who, professing to be their friends, endangered the

cause more by violent and brutal deeds than did their open

enemies. Their triumph over all these difficulties is a

marvel of shrewd, honest, and conservative management,

which may well serve as one of the best object-lessons of

our history for succeeding generations.[78]

It is not within the purview of this sketch to recite in detail the

various incidents, accidents, and extremities which befell the Northern

emigrants in working out the problems of state building. They began to

acquire experience promptly with the arrival of the first colony; and

the authorities all agree, that, during the ensuing three years an area

of low political barometer was general throughout the Territory, with a

continuous storm center, of great energy, at Lawrence. "By the sharp

logic of the revolver and bowie knife, the people of Missouri became the

people of Kansas." Residents of Missouri furnished liberal pro-slavery

majorities at the elections, and their personal services were available

at all times, for the preservation of peace and order in the Territory;

as well as to enforce, by force, a proper respect for the dignity of

the Territorial officers, and for the authority of the Legislature

itself.

A revolt against these superimposed attentions, organized and led by

Charles Robinson, became the thorn that rankled in the pro-slavery

flesh, and led to the discomfiture and defeat of the Slave-State

propaganda. Robinson had the temerity to challenge the subtile logic of

the revolver and bowie-knife in determining the qualifications of

Territorial electors. His dissent, at first, took the mild form of a

petition to Governor Reeder, after the election of November 29, 1854.

asking that "the entire vote of the districts receiving the votes of

citizens of Missouri, be set aside; or that the entire election be set

aside." After a brutal usurpation of the polls, at the election for

members of the Territorial Legislature, March 30, 1855, a Legislature

which, under the organic act could determine whether the State should be

Free or Slave, Robinson again protested and sought redress of the

spoilation of the squatters' rights: and, failing to obtain justice,

united the Free-State men in a revolt against the authority of the

Territorial Legislature, and in a determination to repudiate the laws it

intended lawlessly to enact. Also, what had still greater significance,

he organized his followers into military companies to resist, by force

of arms, any further infringement upon their rights. Answering his call

to duty, the Free-State men of Lawrence and vicinity led the nation in

this crisis in public affairs, making its history, and directing its

destiny. It was the hour of Destiny. Sending for a second consignment of

Sharp's rifles, Robinson wrote these impressive and heroic words:

We are in the midst of a revolution, as you will see by the

papers. How we shall come out of the furnace, God only

knows. That we have got to enter it, some of us, there is

no doubt; but we are ready to be offered.

In haste very respectfully, Yours, for freedom for a world,

C. ROBINSON.

The organization of a military force by the Free-State men, gave to the

Free-State party a solidarity and prestige it had not theretofore

enjoyed. It at once became a popular party; and encouraged by daily

accessions to its ranks by immigration, combined with a prospective

certainty of becoming the majority party, it became bravely aggressive,

and boldly launched its campaign for Free-State supremacy. In

furtherance of their plan of campaign, the Free-State men adopted a

constitution for a Free State, and organized and put into effect a full

fledged State Government in opposition to the existing Territorial

Government; and under it, with Charles Robinson as Governor, sought

admission into the Union. Only a wise and courageous leadership combined

with a high order of executive ability, could successfully handle the

delicate problems involved in this complicated program. The leadership

required the necessary tact to unite and reconcile divergent convictions

and opinions, within the party, upon questions of principle as well as

of policy; it also required prudence to restrain the impetuous, and to

avoid complications which, at any time, might make shipwreck of the

cause.

The results accomplished by the Free-State settlers during the first two

years of their occupation of the Territory, amply justified the generous

congratulations in which they indulged. They had, wisely, withdrawn from

under the fire of an arrogant, domineering majority, and, in their

segregation, were surely creating a State to their own liking, in their

own way. They matched their wits against the management of their

political opponents, and were more than satisfied with the dilemma in

which the situation placed them. It became plainly evident that unless

the Free-State organizations, civil and military, were utterly destroyed

and further immigration from the North retarded, the Free-State cause

would certainly succeed. The situation, therefore, demanded the adoption

of more strenuous methods in dealing with it than could be approved by

the National Administration.

What they had failed to accomplish by "peaceful" methods, the

pro-slavery junta now sought to gain by the execution of more radical

measures. They accordingly organized an "Army of Invasion," and the

Wakarusa War of 1855 became an historical incident. They indicted the

Free-State Governor, Robinson, and the more prominent Free-State men,

for "constructive" treason; arrested them, and put them in prison. In

May, 1856, under cover of judicial authority, the town of Lawrence was

looted and burned. The Free-State Legislature that had been elected,

assembled at Topeka, only to be dispersed, July 4th, by the armed forces

of the United States. A blockade of the Missouri River was declared

against Free-State immigrants, and made effective. They also attempted,

without success, to cut off communications between Kansas and the

Northern States, which the Free-State men had opened up, via Iowa and

Nebraska. They murdered Dow, and Barber, and Brown, and Stewart, and

Jones, and Hoyt.

A third, and the final invasion, closed this chapter of heroic

undertakings and lamentable failures. September 14, 1856, their army,

2800 strong, occupied Franklin. During the night, Lieutenant Colonel

Joseph E. Johnston, U. S. Army, with a battalion of cavalry and a

section of artillery, arrived at Lawrence. Placing his battery in

position on Mount Oread, the muzzles of his guns pointing toward

Franklin, and deploying his cavalry in the valley in front of the town,

he awaited the crisis developing in the pro-slavery situation. On the

morning of the 15th, the newly appointed Territorial Governor, John W.

Geary, accompanied by Lieutenant Colonel Philip St. George Cooke, U. S.

Army, arrived upon the scene from Lecompton. After a short conversation

with Governor Robinson, they rode out to interview the invaders. It was

the hour of fate. A brief conference with General Atchison was held in

front of Atchison's lines; and then, it was all over; the Federal

Government had intervened. The campaign of violence had failed, and with

it expired the last substantial hope of the pro-slavery managers that

the balance of power between the warring sections of the country could

be restored. Upon receiving Governor Geary's ultimatum: that he must

retire with his forces from the Territory, immediately, Atchison turned

the head of his column toward Missouri. Arriving at Westport, he

disbanded his army and gave up the struggle. Buford returned to Alabama

and Jackson to Georgia. That Kansas would be a _Free State_ was

practically assured from that hour.

Involved in the corollary of the Free-State victory were the startling

incidents in history that followed in quick succession, culminating in

the stupendous tragedies of war. Mr. F. B. Sanborn said:[79]

Had Kansas in the death struggle of 1856 fallen a prey to

the slave holders, slave-holding would today be the law of

our imperial democracy. The sanctions of the Union and the

Constitution would now be on the side of human slavery, as

they were from 1840 to 1860.

The question of slavery domination must and will be fought

out on the plains of Kansas.[80]

Kansas must be a Slave State or the Union will be

dissolved.... If Kansas is not made a Slave State, it

requires no sage to foretell that there will never be

another Slave State.[81]

Slavery in South Carolina is dependent upon its

establishment in Kansas.[82]

The Touch-stone of our political existence is Kansas.[83]

Georgia, Mississippi, and Alabama stand pledged to secede

from the Union, should Kansas applying for admission as a

slave state be refused admission.[84]

The question is one of life or death to the South upon the

simple alternative of the admission or rejection of Kansas

with her slave constitution.[85]

That American is little to be envied who can speak lightly

of the decisive contest in Kansas between the two

antagonistic civilizations of this continent. Either he

does not love his country, or he is incapable of

understanding her history.[86]

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