A History of Kansas

by Anna E. Arnold

THE FIRST TERRITORIAL GOVERNMENT

The Government of a Territory. When a territory is organized it must be provided with a government. The people in a territory may not elect their officers as in a state; they may elect a legislature and a delegate to Congress, but the governor, secretary, judges, and certain other officers are appointed by the President.

The First Territorial Governor. In October, 1854, there arrived in Kansas the first Territorial Governor, Andrew H. Reeder, who, although he was known to favor slavery, was heartily welcomed by all the people. That he might become familiar with conditions in the Territory, Governor Reeder made a tour of inspection shortly after his arrival. Although this was but little more than four months after the opening of the Territory, he found a number of settlements scattered over eastern Kansas. Towns were springing up, and the prairies were dotted with the tents and cabins of the pioneers. Several thousand people had arrived by this time, some of them free-state and some proslavery. The proslavery settlers had brought a few slaves. There were also many Indians here, for only a part of the tribes had as yet been removed.

The First Election Called. On his return from his tour of observation, which had included the most remote settlements, as far west as Council Grove and Fort Riley, Governor Reeder issued a proclamation for the first election to be held in Kansas. The date was set for November 29, at which time a delegate to Congress was to be chosen.

Interest in the Election. The settlers were all busily engaged in building cabins and otherwise providing for the coming of winter, and since this election was not deemed of much importance they took little interest in it. This was not the case, however, with the Missourians, and at this first election, under the leadership of their Senator, D. R. Atchison, they gave an exhibition of the methods by which they expected to control Kansas.

Election Day, November 29, 1854. On the day before election the Blue Lodge voters began to cross the border into Kansas. They came well armed, and organized into companies, each of which went to a polling place. They came to vote, and they voted. There were so many of them that they were able to outnumber the legal voters in many of the precincts where they took possession of the polls. Election judges who refused to accept their votes were removed and judges of their own installed.[11]

The Result. Of course the proslavery delegate was overwhelmingly elected. He would probably have been elected had the Missourians stayed at home, for up to this time a majority of the settlers outside of Lawrence favored slavery. The result of this unfair election was to renew the excitement in the North at such a working out of the principle of “popular sovereignty.” But the free-state pioneers were not to be discouraged. They continued, during the winter, their home building, their preparations for the spring cultivation, and the securing of titles to their land.

The Second Election, March 30, 1855. The first event of importance in the new year was the taking of the census of the Territory in the spring. It showed a total population of 8601, about 3000 of whom were voters. A little later a date was set for the election of a Territorial Legislature. Since this body of men would make the laws for the Territory, there was no lack of interest among the settlers in this election. It was well understood that the Missourians were expecting to vote again. Money was being raised and men hired to march into Kansas on election day. They came, fully five thousand of them, armed with pistols, guns, and bowie-knives, and marched to the different polling places. They did not pretend to be residents of Kansas, but boasted that they were from Missouri. They were disorderly and dangerous, and in many cases drove the legal voters from the polls. Not more than half of the 3000 rightful voters cast ballots in this election, but the count showed that more than 6000 ballots were cast.

The “Bogus Legislature.” The whole thing had been so openly fraudulent that the free-state people demanded that the Governor set aside this election and call a new one. The Missourians threatened his life if this were done. When the day came for deciding the question, the men who had been fraudulently elected gathered in the Governor’s office, armed and defiant. The Governor and a number of his friends who were there to protect him were also armed. Bitter discussion ensued, but there was no fighting. Contests had not been filed against all of the men elected. Governor Reeder decided to recognize the election except where sufficient proof of fraud was shown. In these cases he threw out the returns and ordered another election. The proslavery men took no part in the new election, and a number of free-state men were chosen to the Legislature. When the Legislature met, the proslavery majority promptly unseated these free-state members and recognized the men first elected. This gave the Territory an entirely proslavery legislature. It was called by the free-state people the “Bogus Legislature.” The proslavery leaders were B. F. Stringfellow and D. R. Atchison, both of whom lived in Missouri but took an active part in Kansas affairs. Senator Atchison said, “We wish to make Kansas in all respects like Missouri.” So they adopted the whole body of Missouri laws, and added a series of slave laws that were probably the most severe of any ever enacted in the United States.

The First Legislature, at Pawnee, July, 1855. The Governor chose Pawnee as the place where the Legislature should meet. Pawnee was a new town on the Kansas River, within the present bounds of the Fort Riley military reservation. Since it was west of nearly all the settlements, the members had to make long journeys to reach it. Both because of the inconvenience of location and because the proslavery members desired to be nearer the Missouri border, the Legislature remained in session at Pawnee only five days, just long enough to unseat the free-state members and to pass an act removing the seat of government temporarily to Shawnee Mission. All that remains of Pawnee to-day is the old stone building that was erected for a capitol.