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United States marshal stood guard over the prisoner during the night and saw him on the way to Lecompton early in the morning before the town was astir.
The grand jury of Douglas County wrought great havoc among free-state leaders -- Reeder fleeing in the disguise of a wood-chopper, Robinson a prisoner, Lane out of the territory, and other men, to whom the public confidence had been given, soon to be successfully hunted down. But this triumphant grand jury had not yet run its course. It found bills of indictment against two newspapers of Lawrence -- the "Herald of Freedom" and the "Kansas Free State"-- whose inflammatory and seditious language overpassed the limits of sufferance, and against the principal hotel of that town, which some extraordinary obliquity of vision transformed into a military fortress, "regularly parapeted and port-holed for the use of cannon and small arms."
Well aware that the business in hand could not be accomplished unless aided by a military force, Marshal Donaldson issued a proclamation calling upon law-abiding citizens to rally at Lecompton for his assistance. It was time to cease dawdling. Lawrence, that "foul blot on the soil of Kansas," must be humiliated; her newspaper press, wagging its tongue most vilely, silenced; her battlemented stone hotel, headquarters of abolitionism and property of the infamous Emigrant Aid Company,
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demolished, and any skulking and uncaged remnant of traitors that were harbored in the town seized or scared out of the territory. Marshal Donaldson's proclamation, circulated for the most part in three or four pro-slavery towns of the territory, and in the border counties across the river, precipitated a large armed multitude toward the rendezvous at Lecompton -- wild, hectic, mischief-meaning gangs, men cultivating the proprieties more or less in Missouri, but relapsing into a state of semi-barbarism when they touched the soil of Kansas. Governor Shannon was not at ease over the matter. "Had the marshal called on me for a posse," he wrote President Pierce, "I should have felt bound to furnish him one composed entirely of United States troops." President Pierce also was in a disquieted frame of mind. "My knowledge of facts is imperfect," he wrote Shannon May 23d, "but with the force of Colonel Sumner at hand I perceive no occasion for the posse, armed or unarmed which the marshal is said to have assembled at Lecompton."
Lawrence took apprehensive note of the hostile preparations and resorted, as during earlier troubles, to a committee of safety. Great confusion prevailed. None of the old leaders were on the ground, and new ones had not yet won their spurs. After many conferences and discussions the committee decided to temporize, to expostulate, to manuoevre -- in a word, to do anything except
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fight. This unwarlike diplomacy, though not particularly soul-inspiring, was doubtless politic. When Donaldson's proclamation reached Lawrence, the citizens held a public meeting and pronounced the charges of insubordination and disloyalty contained in it unqualifiedly false. They sent messages, expostulations, appeals to Lecompton in swift, nervous succession. Nothing of overture and concession did they leave untried. "We only await an opportunity," pleaded these unappreciated and despondent patriots, "to test our fidelity to the laws of the country, the Constitution, and the Union." Deprecatory and exculpating talk fell unheeded. No humilities of concession could divert the invaders from their prey.
Discomforts and perils thickened. May 19th a detachment of the marshal's posse shot a young man -- mainly for the sensation and satisfaction of killing an abolitionist. Three adventurous fellows, on hearing the news, snatched their weapons, dashed out of Lawrence to hunt the scoundrels, and began a fusillade upon the first travelers they encountered without any nice preliminary investigations. The expedition turned out unfortunately for one of the assailants, the brutal Missourians reporting that they had made "wolf-meat" of him.
Tuesday, May 20th, was a day of quiet. Little of the stir and confusion that naturally belong to military operations appeared. Citizens of Lawrence
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began to take heart, and to conjecture that the peril might have been exaggerated. But Wednesday morning they were undeceived. At an early hour a troop of horsemen quietly took possession of the bluffs west of town. Reinforcements gradually swelled the numbers during the morning until they reached several hundreds. It was a representative gathering -- including the principal pro-slavery leaders, with Atchison at their head, the recent recruits from South Carolina and other states, the usual delegations of Missourians, and a sprinkling of actual residents in the territory.
The town lay in Sabbatic repose at the foot of the bluff. When it was definitely settled that there should be no resistance, most of the arms-bearing population whisked away like sea-birds blown landward by a tempest. The committee of safety instructed citizens who remained in town to ignore with lofty unconcern the whole noxious brood of marshals, sheriffs, and posses, and to go about their affairs as usual. Fearing that the unnatural quietude might hide some ambush, Atchison dispatched runners from the bluff to reconnoitre. They reported that the cowardly Yankees would not fight -- a disposition which radically simplified the business of writ-service.
At eleven o'clock Deputy Marshal Fain, attended by an escort of six coatless men with revolvers belted about them, walked down into the village
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and arrested three men whose names were on the treason-list. Never were fewer obstacles thrown in the path of an officer. The alleged traitors, if they did not actually present themselves for arrest, conformed to the meekest and most inoffensive models of behavior. What is more, the committee of safety handed the deputy marshal a note addressed to Donaldson, in which they virtually abandoned everything for which free-state men contended, and whipped over upon out and out law and order ground. But this last and unreserved concession availed as little as those which preceded it.
After Deputy Marshal Fain s peaceable and easy success in making arrests, pro-slavery leaders -- Atchison, Jones, Donaldson, General Richardson, of the territorial militia, Colonel Titus, of Florida, Major Jackson, of Georgia, and others ventured from the bluffs and rode about town on a tour of observation. S. W. Eldridge, proprietor of the hotel, so ill-reputed in pro-slavery quarters, politely asked the strolling gentry to dine, and they cheerfully accepted the invitation. But even a good dinner, and that without charge, carried no more influence as a town-saver than the surrendering protocols.
The afternoon presented a more exciting scene. With the successful bagging of traitors, the primal and technical duties of the escort were concluded. But the nuisances were not yet abated. Marshal
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Donaldson and his advisers, though some of them belonged to the legal fraternity, reposed an astonishing confidence in the virtues and prerogatives of the famous grand jury of Douglas County. Scorning such intermediate steps as citations, hearings, opportunities for explanation or defense, and the like, they wrecked a hotel and threw two printing-presses into the river, upon the authority of a bare grand jury presentation. "That presentment," said Judge Lecompte in a letter, August 1st, 1856, to Hon. J. A. Stewart, of Maryland, "still lies in court. No time for action on it existed -- none has been had -- no order passed -- nothing done, and nothing ever dreamed of being done, because nothing could rightly be done but upon the finding of a petit jury."
But let the posse give attention. A crier is riding about among the men shouting" I am authorized to say that the marshal has no further use for you; thanks you for the manner in which you have discharged your duties; asks you to make out a statement of the number of days of service with affidavit and you shall be paid. Now, gentlemen, I summons you as the posse of Sheriff Jones. He is a law and order man, and acts under the same authority as the marshal."
Jones, scarcely recovered from his wound, was received with applause. The situation pleased him well, much better than it did Atchison, who thundered indeed, during the months of preparation,
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against the Yankees with resounding oratory -- outdone in verbal savageness only by the junior editor of the "Squatter Sovereign," a modern Herod, who swore that he was prepared "to kill a baby if he knew it would grow up an abolitionist." But now, in the presence of opportunities for transmuting words into deeds, Atchison urged moderation. "I made several speeches, at least half a dozen," he said, in an account of the affair October, 1884 "riding horseback, to the different companies. I spoke in the interest of peace -- exerting myself to check, not to incite, outrage. It was not my wish that the hotel should be destroyed. I urged Jones to spare it. I told him that it would satisfy the ends of justice if he should throw a cannon-ball through it and there let the matter rest. But Jones was bent on mischief, and I could do nothing with him." The "Squatter Sovereign" of June 24th, 1856, denounces current free-state versions of Atchison's talk as false, and gives what it alleges to be a trustworthy text. "He exhorted the men above everything to remember that they were marching to enforce, not to violate, laws; to suppress, and not to spread, outrage and violence." Nor was Atchison alone in deprecating excesses. On the day after the destruction of the town, nine citizens of Lawrence met in Lane's cabin and drew up a memorial to President Pierce, denouncing the territorial officials as a set of men who
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"attempt the administration of law on principles of perjury and brigandage,... utterly ignoring the oaths they have taken,.... at will despoiling men of their property and lives." These nine sharp-tongued citizens wish to put on record the fact that many "captains of the invading companies exerted themselves to the utmost for the protection of life and property. Some of them ... endeavored to dissuade Samuel J. Jones from [his fell designs].... Colonel Zadock Jackson, of Georgia, did not scruple to denounce either in his own camp or in Lawrence the outrages.... Colonel Buford, of Alabama, also disclaimed having come to Kansas to destroy property." But the immitigable Jones successfully faced down all pacific talk.
It was three o'clock in the afternoon when the great posse marched down from its camp, dragging along five pieces of artillery, and began slowly to feel its way up Massachusetts Street a main thoroughfare of the town. The caution and deliberation of the movement indicated fear that a hidden enemy might suddenly dash out from the cabins, or deliver an unexpected volley from behind the still extant earth-works built during the Wakarusa war. Banners this host bore with various devices -- "South Carolina," "Southern rights," "Superiority of the white race," "Kansas the outpost." One flag was alternately striped in black and white; another had the national
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stripes with a tiger in place of the union. But no ambushing enemy sprang upon the wary warriors. When the last rifle-pits were reached, and all visions of peril vanished like smoke-wreaths into the air, a yell of triumph burst from the ranks. It was now straightforward, innoxious, larkish business. The posse made short work of the printing-offices -- breaking up presses, rioting calamitously among files, type, stock, exchanges; hurling the ruins into the street, or dumping them into the river. Here assuredly was a legible lesson which impudent newspapers that railed against territorial laws and spoke disrespectfully of slavery might profitably lay to heart.
The stone hotel required more elaborate and painstaking attention. Jones rode up in front of it, called for S. C. Pomeroy, a representative of the Emigrant Aid Company, and as "deputy marshal of the United States and sheriff of Douglas County" demanded possession of all Sharps rifles and all artillery in town. Pomeroy, after an expeditious and fugitive consultation with the committee of safety, replied that the rifles were private property, and therefore beyond his control, but that a cannon had been secreted thereabouts which would be turned over to him. The concession was enhanced by the fact of Pomeroy's consenting to act as guide to the surreptitious arsenal. Such service ought to have put him on good terms with the champions of law and order,
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but the ingrates, so far from appreciating his exertions, had the heartlessness to discuss, though probably with no very serious intent, the question of hanging him.
Jones directed the hotel to be emptied of furniture, but his order was only partially carried out. The five pieces of artillery bristled in a row just across the street, and opened fire upon the nuisance that had sinned so grievously, so unpardonably against the public safety." I counted thirty shots," said an on-looker. The cannonade inflicted trifling damage in the porous concrete walls, and a swifter method of destruction was sought out. If the building could not readily be battered down, certainly it could be blown to pieces. A keg of gunpowder was carried into the parlor and a slow-match of bepowdered lard prepared. Furiously did the train hiss and sizzle and splutter, emitting great volumes of smoke, and promising a hideous climax of devastation; but the explosion, which reminded the spectator, who counted the artillery discharges, of "a blast down in a well," accomplished little beyond breaking a few panes of glass. In the discomfiture of more pretentious appliances of destruction, an elemental and primitive leveler remained, to which there was successful resort -- the torch. The sons of law and order victoriously fired the hotel, but not until after a careful examination of the liquor cellar. Researches in that quarter may have been in some
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degree responsible for the turbulence with which the nuisance-abating concluded. Stores were pillaged, houses rummaged, and Governor Robinson's residence was burnt to the ground. Nothing escaped the curious and inquisitive marauders neither trunks, drawers, cupboards, nor clothespresses. More than one seedy wardrobe was refitted out of the spoils. Gladstone encountered some of the ruffians at Kansas City on their return, and remarked a "grotesque intermixture in their dress, having crossed their native red shirt with a satin vest or narrow dress-coat pillaged from some Lawrence Yankee, or having girded themselves with the cords and tassels which the day before had ornamented the curtains of the free-state hotel."
While these calamities were overtaking the territory a startling pro-slavery denouement occurred in Washington. Charles Sumner began his speech on "The Crime against Kansas" May 19th, which he concluded on the afternoon of the 20th, when the posse of Marshal Donaldson was tightening its coils about Lawrence. The speech, a brilliant, indignant, unmeasured, exasperating philippic against the course of the slave-power in Kansas, raised a violent and angry excitement. General Cass pronounced it "the most un-American and unpatriotic speech that ever grated on the ears" of Congress. "He has not hesitated to charge more than three fourths of the Senate
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with fraud, with swindling, with crime, with infamy, at least a hundred times over in his speech," roared Douglas; "is it his object to provoke some one of us to kick him as we would a dog in the street, that he may get sympathy upon the just chastisement?" Mason, of Virginia, lamented that public interests and usage forced association in the Senate Chamber with "one utterly incapable of knowing what truth is" -- with "one whom to see elsewhere is to shun and despise."
Preston S. Brooks, representative from South Carolina, reduced to practice Douglas's suggestion. After the adjournment of the Senate, May 22d, while Sumner remained writing at his desk, Brooks approached, muttered out charges of libeling South Carolina and her sons, and followed them up by repeated blows on the head with a cane. The senator fell insensible to the floor. This affair was a fit companion piece to the destruction of Lawrence.
When one more blow should be delivered the dispersal of the free-state legislature, which was to meet at Topeka on the 4th of July -- would not the pro-slavery triumph be complete? On whom should be conferred the honor of administering a coup de grace to abolitionism in Kansas was a matter of debate. The patriots who distinguished themselves in May were anxious to take the field again in July. A hum of preparation ran along the border. Buford and the Southern
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colonels put their men into training, but the authorities in Washington began audibly to demur. The suspicions and fears of President Pierce ripened into convictions; he did not wish to have any more armed mobs convoked to enforce the laws. It was settled that federal troops should furnish whatever assistance territorial officers might need in their dealings with the pin-feathered state government. These functionaries concurred in advising a semi-heroic treatment as the mildest recommendable course. Governor Shannon, temporarily out of the territory, wrote Colonel Sumner to disperse the legislature, should it assemble -- "peaceably if you can, forcibly if you must." Sumner, though friendly to free state interests, disapproved the Topeka movement. "I am decidedly of opinion," he wrote Acting-governor Woodson June 28th, "that that body of men ought not to be permitted to assemble. It is not too much to say that the peace of the country depends upon it." June 30th Woodson wrote Sumner in an apprehensive strain. "There is now no ground to doubt," he said, "that the bogus legislature will attempt to convene on the 4th proximo at Topeka, and the most extensive preparations are being made for the occasion. The country in the vicinity of Topeka is represented to be filled with strangers, who are making their way toward that point from all directions. Last evening I received information .. . that General Lane was
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on his way to Topeka with a very large force, and was then somewhere between that place and the Nebraska line.... It is deemed important that you should be at Topeka in person.... Judge Cato will be on the ground, and I have addressed a letter to the United States district attorney, Colonel Isaacs, requesting him to come over at once and attend in person to getting out the necessary legal processes." Colonel Sumner left Leavenworth for Topeka July 1st, where he concentrated five companies of dragoons with two pieces of artillery. '`I shall act very warily," he wrote the adjutant general, "and shall require the civil authorities to take the lead in the matter, throughout."
The bustle of hostile preparations in federal camps and in Missouri, as well as among territorial officials, had a discouraging and unbracing influence upon members of the state legislature. Unless a tonic of some kind could be administered, many of them might fail to appear in Topeka on the 4th of July, and the whole anti-slavery movement come to an inglorious collapse. To keep up courage, to secure a general interchange and discussion of opinion, a curious double-headed conference began in Topeka on the 3d -- an extra and informal session of the legislature and a numerously attended mass-convention. Both legislature and convention wrestled with the same perplexing question -- What ought to be done in
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the present emergency? No formal and accredited policy emerged from the babel of discordant sentiments. Some members of these bodies urged that the state legislature should meet and proceed with business until dispersed by the federal authorities; others denounced further resistance to the territorial laws as a blunder, and counseled immediate submission. Governor Robinson and the free-state prisoners confined at Lecompton addressed a letter to the legislature, deprecating the adoption of any timorous, faint-hearted policy. That in the disjointed condition of affairs there might be some recognized authority, the mass convention appointed a "Kansas Central State Committee," thirteen in number, and authorized it "to assume the management and control of the free-state party of Kansas." The general committee chose an executive committee of five: J. P. Root, president; H. Miles Moore, secretary; James Blood, William Hutchinson, and S. E. Martin.
Colonel Sumner, on reaching Topeka, opened communications at once with free-state men. He sent for Captain Samuel Walker -- a personal friend and a member of the legislature. "I hear Lane is on the other side of the river," said Sumner, "and means to fight. How is that?" "There is n't a word of truth in the story. Lane is not in the territory. He is somewhere in the East making speeches." Marshal Donaldson, who was
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present, listened to the conversation with interest. "If I should get up before those legislative fellows," he inquired, "to read a proclamation, would n't some devil shoot at me?" "Nobody," said Walker, " will lift a finger against you."
The convention sent a committee to confer with Colonel Sumner. He was very anxious that the legislature should not meet at all, as he wished to escape the odium of coercive measures. That point the committee refused to yield. An understanding, however, was reached that the legislature should assemble and begin to organize, but quietly disperse at the command of the federal authorities.
The 4th of July found Topeka thronged with men, women, and children. Two free-state military companies were also in town. A nervous, wistful, depressed sentiment prevailed, as people at large were not in the secret of the cut-and-dried programme. The mass-convention, thinking its mission not yet fully accomplished, fearing that at the last moment a panic might seize upon the legislature and prevent it from assembling, resumed its sessions in the morning and fell lustily to work.
During the forenoon Marshal Donaldson, accompanied by Judge Rush Elmore, associate justice of the territory, sallied forth with a batch of official documents: President Pierce's proclamation of February 11th, which commanded "all
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persons engaged in unlawful combinations against the constituted authority of the territory of Kansas ... to disperse;" Governor Shannon's proclamation of June 4th; a proclamation fresh from Acting-governor Woodson's own hand, forbidding "persons claiming legislative powers and authorities," on the point of assembling in Topeka, to organize "under the penalties attached to all willful violators of the laws of the land;" and finally a proclamation from Colonel Sumner, who announced that he should "sustain the executive of the territory."
Mistaking the mass-convention, gasconading in the streets, for the legislature, Marshal Donaldson informed the presiding officer that he had communications for the assembly. The marshal declined to risk so doubtful an experiment as reading aloud in public, and asked Judge Elmore to take his place. Donaldson retired with confusion of face when he discovered that he had pitched his bombshells into the wrong camp.
As the hour of twelve, when the legislature was to meet, approached, the dragoons, encamped on the outskirts of the town, formed in order of battle, dashed toward Constitutional Hall and surrounded it, while the two pieces of artillery, with gunners at their posts and slow-matches burning, commanded the principal street.
It lacked a few minutes of noon when Colonel Sumner entered the House of Representatives.
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Roll-call soon began, but no quorum was present; or, rather, a majority of the members, not understanding that the perils which seemed so formidable were of a pasteboard sort, did not answer to their names. After some activity on the part of the sergeant-at-arms there was a second reading of the membership list. Only seventeen responded. Colonel Sumner then rose and commanded the legislature to disperse -- a duty which at the beginning and at the close of his brief speech he declared to be the most painful of his whole life.
This 4th of July demonstration made a bad impression in Washington. Jefferson Davis, secretary of war, was disturbed by the affair. "I looked upon them [the members of the state legislature]," said he, "as men assembled without authority, men who could pass no law that should ever be put in execution, and that the crime would be in attempting to put the law in execution, and in the mean time they might be considered as a mere town meeting." Colonel Sumner did not escape official displeasure for his part in the transaction. In defense he fell back upon verbal requisitions of Acting-governor Woodson, who "was personally present in my camp desiring the interposition of the troops."
Missouri leaders, not sharing in the apprehensions of reaction that troubled the administration, now sunned themselves in the glow of victories apparently decisive. "It was everywhere anticipated,"
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in the words of an address issued January, 1857, by the National Democracy of Kansas, "that these events would put an end to violence and restore the country to law and order and quiet." Such anticipations turned out to be delusive. Heavy blows had indeed been struck, but they were ill-advised, misdirected blows, and recoiled disastrously upon those who delivered them.
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