A History of Kansas

by Anna E. Arnold

Governor Geary Leaves the Territory. The second Territorial Legislature met at Lecompton in the opening days of 1857. Because of Governor Geary’s efforts to be just to both sides, the Legislature did everything possible to annoy and harass him. The free-state men rallied to his support, but conditions soon became so intolerable that one night in March, after having been in office about six months, he made a hasty escape from Kansas. Governor Geary had found Kansas in a deplorable condition and left it not greatly improved, but he had attempted to do justice to all. His place was taken by Governor Walker, who arrived in May.

A Proslavery Constitution Prepared, 1857. Up to this time the only attempt to get Kansas admitted as a state was the effort of the free-state men under the Topeka Constitution, but the proslavery people had long been planning to draw up a constitution under which they might secure the admission of Kansas as a slave state. The Territorial Legislature provided for a constitutional convention, which met at Lecompton in September, 1857, and prepared what was called the Lecompton Constitution.

The First Free-state Territorial Legislature. Two important events were to take place in the fall of 1857: the election of a new Territorial Legislature, and the vote on the Lecompton Constitution. When election day came, United States troops were stationed in the different precincts to prevent illegal voting and invasions from Missouri. Under Governor Walker’s promise of a fair election, both parties voted for the first time since the fraudulent election in the spring of 1855. The result was a free-state victory, and the first time Kansas was to have a free-state Legislature. This result was not achieved without many protests and threats from the proslavery people, who now became afraid to submit their Lecompton Constitution to a vote, for it was clear that the free-state people were largely in the majority and would defeat it.

Fear to Submit the Lecompton Constitution. After a number of meetings and debates among themselves, the proslavery people decided to get around this difficulty by not submitting the Constitution at all, but by offering instead these two statements to choose between: “The Constitution with slavery,” or “The Constitution without slavery.”

Each Side Holds an Election. This gave the free-state people no chance to vote against the Constitution as a whole, and of course their indignation was aroused. The election was held in December, 1857. The free-state men refused to vote, and after several meetings and a special session of their new free-state Legislature the free-state people appointed a day in January, 1858, for an election to decide for or against the Constitution. This time the proslavery party refused to vote. Thus each side held an election and carried its point by a big majority.

End of the Lecompton Constitution. No attention was paid to the defeat of the Constitution at the hands of the free-state people, and it was sent to Congress. After a long discussion Congress attached a number of conditions to the Constitution and sent it back to Kansas to be voted on by all the people. Of the 13,000 votes cast at this election, which was held August 2, 1858, more than 11,000 were against it. This ended the second attempt to get Kansas admitted as a state.

The Leavenworth Constitution, 1858. While the Lecompton Constitution was pending in Congress, the free-state people concluded that it was time for them to try their hands at constitution making again. During the winter and spring of 1858 they produced the Leavenworth Constitution, but it was not favorably received by the people of Kansas and was never voted on by either house of Congress.

Trouble in Southeastern Kansas. These events of Territorial history occurred within a small area. With Lawrence as a center, a circle with a radius of thirty miles would include virtually all of them. Another part of Kansas, the southeastern, including what is now Miami, Linn and Bourbon counties, came into prominence at this time and showed that the period of bloodshed was not yet past. The southeastern part of the Territory had been settled largely by proslavery people, but gradually the Northerners began to come in. The proslavery people frequently made raids on them, the free-state settlers retaliated, and southern Kansas was soon in the midst of a guerrilla warfare. The free-state people engaged in this warfare came to be known as Jayhawkers.[14] Their leader was a man named James Montgomery.

The Marais des Cygnes Massacre. These conditions continued until in the spring of 1858. While the Lecompton and Leavenworth constitutions were being considered in the Territory, there occurred in Linn County the Marais des Cygnes massacre, the most shocking and bloody event of the whole Territorial period. A Southerner named Hamelton made up a list of free-state men whom he planned to seize and execute. On May 19, almost two years to the day after the Pottawatomie massacre by John Brown, Hamelton with a gang of Missourians captured eleven of the free-state men, marched them to a near-by gulch, lined them up and fired a volley. Five men were killed, five were wounded, and one remained unharmed. This terrible deed created great excitement, and an unsuccessful attempt was made to capture Hamelton and his men.[15]

Order Restored. Steps were taken to bring about a more settled condition in southeastern Kansas. Though several other outrages took place, none of them was so barbarous as the Marais des Cygnes massacre, and order was gradually restored.