CHAPTER XIV.

We have already told how Sheriff Jones failed to wipe out Lawrence;

how Gov. Shannon patched up a peace, and how that, in no good temper,

the "Law and Order" party returned to the border. But immediately

the Free State party gave evidence that its spirit had not been

broken. A convention had been called to meet at Topeka, in November,

1855, to frame a free State Constitution, and this was ratified at

an election called December 15 following, 1,731 votes being cast in

its favor, the election having been held only one week after the

treaty of peace had been made. Then in less than two weeks a second

convention was called to meet at Lawrence, at which a full board of

State officers was nominated, the election having been set to be held

on the 15th of January.

At Leavenworth, the attempt to hold the election resulted in such mobs

and tumult that it was forbidden to be held by a faint-hearted Free

State mayor, and was consequently adjourned to Easton. The Free State

printing press of Mark Delahay was, during these troubles, destroyed.

At Easton, a mob undertook to break up the election, but was driven

off, and in the affray one of the attacking party named Cook was

mortally wounded. Then the _Kansas Pioneer_, published at Kickapoo,

made an inflammatory appeal to the "Law and Order" party to rally and

avenge Cook's death, and in an answer to this appeal the "Kickapoo

Rangers" and Captain Dunn's company, from Leavenworth, in all about

fifty men, turned out to go to Easton on this errand. A number of

gentlemen had gone from Leavenworth to Easton to attend the election,

and had stayed over night, among whom were Captain R. P. Brown, a

resident of Salt Creek Valley, near Leavenworth. Captain B. was a man

well esteemed in his neighborhood, and was a member-elect of the

Legislature. Captain Dunn and his company met these men returning to

Leavenworth, and took them prisoners, carrying them back to Easton.

Here they got up a sort of Lynch-law trial for Captain Brown, but the

rabble composing Dunn's company, having maddened themselves with

drink, broke into the room where the trial was going on, seized

Captain Brown, who was unarmed and helpless, and tortured him with

barbarity that has been supposed to be only possible among savages,

and then threw the wounded and dying man into an open lumber wagon, in

which they hauled him home to his wife, over the rough, frozen roads,

in one of the coldest nights of that bitter cold January; stopping

meantime at the drinking-houses by the way, they consumed seven hours

in making the journey. His wife became insane at the sight of her

butchered and dying husband, thrown into the door by these brutal

wretches, and was, in that condition, taken to her brother in

Michigan. All this was testified to, with every _minutia_ of detail,

before the Investigating Committee.

The border papers were aflame with appeals to the "Law and Order"

party to go over into Kansas and wipe out the pestiferous Free State

men, who set at naught the Territorial Legislature. The following

sample of these appeals we extract from a speech made by David R.

Atchison, at Platte City:

They held an election on the 15th of last month, and they intend to

put the machinery of a State in motion on the 4th of March, "_I say,

prepare yourselves; go over there_. And if they attempt to drive you

out, then drive them out. Fifty of you with your shot-guns are worth

two hundred and fifty of them with their Sharpe's rifles."

Meanwhile a great cry of wrongs and outrages against the Free State

men had filled the whole North, and Congress could not choose, but had

to pay attention to it. Ex-Governor Reeder came forward and contested

the seat of Mr. Whitfield as Territorial delegate to Congress,

alleging that Mr. W. owed his election to the votes of men not

residents of the Territory. As a result, a Committee of Investigation

was appointed to go to Kansas to take testimony, this committee being

composed of Sherman of Ohio, Howard, of Michigan, and Oliver, of

Missouri. These took an immense number of depositions, which were

published in a volume of more than 1,200 octavo pages, and of which

20,000 were ordered to be printed. This investigating committee made a

majority report signed by Howard and Sherman, in which they summed up

their conclusions under eight heads. Of these we shall copy four:

MAJORITY REPORT.

1. That each election held in the Territory under the

organic or Territorial law has been carried by organized

invasion from the State of Missouri, by which the people

of the Territory have been prevented from exercising the

rights secured to them by the organic law.

2. That the alleged Territorial Legislature was an

illegally constituted body, and had no power to pass valid

laws, and their enactments are therefore null and void.

3. That Andrew H. Reeder received a greater number of

votes of resident citizens than John W. Whitfield for

delegate.

4. That in the present condition of the Territory a fair

election can not be held without a new census, a stringent

and well-guarded election law, the selection of impartial

judges, and the presence of United States troops at every

election.

_(Signed)_ WM. A. HOWARD,

JOHN SHERMAN.

Mr. Oliver made a minority report, summing up his conclusions under

seven heads. From this we shall copy three:

MINORITY REPORT.

1. That the Territorial Legislature was a legally

constituted body, and had power to pass valid laws, and

their enactments were therefore valid.

2. That the election under which the sitting delegate,

John W. Whitfield, holds his seat was held in pursuance of

valid law, and should be regarded as a valid election.

3. That the election under which the contesting delegate,

Andrew H. Reeder, claims his seat, was not held under any

law, and should be wholly disregarded by the House.

_(Signed)_ M. OLIVER.

As a result, Congress permanently unseated Mr. Whitfield, and ordered

a new election, thus affirming the conclusions of Howard and Sherman.

This committee began its work in April and ended in June.

The "Law and Order" party did not, however, wait for the conclusion

of these proceedings at Washington. Col. Buford, as we have told in a

former chapter, arrived early in the spring with his company of South

Carolinians, and Gen. David R. Atchison had gathered, along the

borders, several hundred men to make a second raid on Lawrence. These

all marched to Lecompton, where they held themselves in readiness to

act, as soon as a pretext could be found invoking their help.

And now the inevitable Samuel J. Jones, Sheriff of Douglas County,

again put in an appearance. This time it was to arrest Sam Wood for

the rescue of Branson. Jones arrested Wood on the streets of Lawrence.

A crowd gathered around, and in the jostling and pushing Jones and

Wood were separated, and Wood walked away. No threats were made, and

no violence used. The next day was Sunday, and Jones again appeared,

but Sam Wood was missing. He had stayed that night at the house of the

writer, in Atchison County, being then on his way to the free States.

Jones, however, had writs for the arrest of those who had been the

occasion of Wood's escape, and the Sheriff called on some of the

church-going people to act as his _posse_ in making his arrests. But

these were of "the most straitest sect" of the Puritans, and it was

contrary to their consciences to do any manner of carnal work on the

Sabbath day, and in their estimation this was exceedingly carnal work,

and they kept their faces set as if they would go to the synagogue.

Samuel F. Tappan was one of the Branson rescuers, and Jones seized

Tappan by the collar, and Tappan struck Jones in the face. This was

enough; Jones had been resisted, and he went to the Governor and

demanded a _posse_ of United States soldiers to aid him in making his

arrest. Thus reinforced with a detachment of United States troops, our

valorous Sheriff Jones went a third time and arrested without

resistance six respectable citizens of Lawrence, on a charge of

contempt of court, because they had declined to break the Sabbath in

aiding him to make arrests on the Lord's day. In due course of law, it

should have been his duty to take his prisoners before a magistrate,

and allowed them to give bail to appear at a given time to answer for

this alleged contempt. But Jones elected to keep his prisoners without

bail, and to act as his own jailer, and so he encamped in a tent on

the prairie, using these United States soldiers as his guard. This was

a manifest bait to the people of Lawrence to attempt a rescue, but

they did not walk into the trap, and so these prisoners slept on the

prairie, and their wives slept at home bereaved of their husbands.

Somebody shot Jones. It is presumed that somebody thought he ought to

be shot, but it was as great a calamity to Lawrence as was the rescue

of Branson. The people of Lawrence removed Jones to the Free State

hotel, showed every sympathy they could show, and offered a reward of

$500 for the apprehension of the assassin. Notwithstanding, all

Western Missouri was immediately aflame with appeals to the people to

come to the rescue, and avenge the death of the murdered Jones. But

the papers making these appeals did not publish the proceedings of the

indignation meeting held at Lawrence, nor did they tell that a reward

had been offered for the apprehension of the assassin, nor did they

tell that Jones' wound was so slight that he was able to be removed

the next day to Franklin.

Meanwhile a conspiracy was hatched at Lecompton, in which Chief

Justice Lecompte was the chief conspirator, to arrest the leading Free

State men on a charge of treason, and keep them prisoners without

bail, and thus smother out the Free State movement. James F. Legati

was one of the United States grand jurors, and violated his oath of

secrecy and made a night journey to give warning to the men that were

to be made victims to this conspiracy. Gov. Charles Robinson fled down

the Missouri River, but was detained at Lexington, was brought back

under charge of treason, and placed in confinement at Lecompton;

others fled the Territory, and Lawrence was left to fight its battles

with its old leaders gone. According to the purpose of this conspiracy

a large number of Free State men were indicted for high treason; and

the Free State hotel and the two printing presses were returned by the

Grand Jury as _nuisances_, and as such were by Judge Lecompte ordered

to be destroyed. Immediately following Legati's nocturnal visit,

Ex-Governor Reeder received a summons at the hands of Deputy Marshal

Fain to appear at Lecompton _as a witness_. Mr. Reeder declined to

obey the summons. The next day a writ was served on him to appear on a

charge of "contempt of court" for not having appeared as a witness.

Mr. Reeder refused to submit to the arrest for two reasons--first,

that his life would be in danger; second, he plead his privilege of

exemption from arrest because he was a member-elect of Congress. Then

United States Marshal Donaldson issued the following

PROCLAMATION.

WHEREAS, Certain judicial arrests have been directed to me

by the First District Court of the United States, etc., to

be executed within the county of Douglas, and

WHEREAS, The attempt to execute them by the United States

Deputy Marshal was evidently resisted by a large number of

people of Lawrence, and as there is every reason to

believe that any attempt to execute these writs will be

resisted by a large body of armed men; now, therefore, the

law-abiding citizens of the Territory are commanded to be

and appear at Lecompton as soon as practicable, and in

numbers sufficient to execute the law.

Given under my hand this 11th day of May, 1856.

J. B. DONALDSON,

U. S. Marshal of the Territory of Kansas.

On receipt of this proclamation the citizens of Lawrence

called a public meeting and adopted the following

preamble and resolution:

WHEREAS, By a proclamation to the people of Kansas

Territory, by T B. Donaldson, it is alleged that certain

judicial writs of arrest have been directed to him by the

First District Court of the United States, etc. to be

executed within the county of Douglas, and that an attempt

to execute them was evidently resisted by a large number

of the citizens of Lawrence, and that there is every

reason to believe that an attempt to execute said writs

will be resisted by a large body of armed men; therefore,

_Resolved_, By this public meeting of the citizens of

Lawrence, that the allegations and charges against us,

contained in the aforesaid proclamation, are wholly untrue

in fact and in the conclusion which is drawn from them.

The aforesaid Marshal was resisted in no manner whatever,

nor by any person whatever, in the execution of said

writs, except by him whose arrest the Deputy Marshal was

seeking to make. And that we now, as we have done

heretofore, declare our willingness and determination,

without resistance, to acquiesce in the service upon us of

any judicial writs against us by the United States Deputy

Marshal, _and will furnish him with a posse for that

purpose_, if so requested; but that we are ready to

resist, if need be, unto death, the ravages and desolation

of an invading mob.

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