With public sentiment excited, and the Missouri compromise repealed, eager partisans prepared in the spring of 1854 to colonize the new territories in the interests of slavery and freedom. On the slavery side, Senator Atchison, of Missouri, was to be reckoned as one of the leaders. Young men of the South were urged to move, with their slaves and their possessions, into the new territories, and thus secure these for their cherished institution. If votes should fail them in the future, the Missouri border was not far removed, and colonization of voters might be counted upon. Missouri, directly adjacent to Kansas, and a slave state, naturally took the lead in this matter of preventing the erection of a free state on her western boundary. The northern states had been stirred by the act as deeply as the South. In New England the bill was not yet passed when leaders of the abolition movement prepared to act under it. One Eli Thayer, of Worcester, urged during the spring that friends of freedom could do no better work than aid in the colonization of Kansas. He secured from his own state, in April, a charter for a Massachusetts Emigrant Aid Society, through which he proposed to aid suitable men to move into the debatable land. Churches and schools were to be provided for them. A stern New England abolition spirit was to be fostered by them. And they were not to be left without the usual border means of defence. Amos A. Lawrence, of Boston, a wealthy philanthropist, made Thayer's scheme financially possible. Dr. Charles Robinson was their choice for leader of emigration and local representative in Kansas.
The resulting settlement of Kansas was stimulated little by the ordinary westward impulse but greatly by political ambition and sectional rivalry. As late as October, 1853, there had been almost no whites in the Indian Country. Early in 1854 they began to come in, in increasing numbers. The Emigrant Aid Society sent its parties at once, before the ink was dry on the treaties of cession and before land offices had been opened. The approach was by the Missouri River steamers to Kansas City and Westport, near the bend of the river, where was the gateway into Kansas. The Delaware cession, north of the Kansas River, was not yet open to legal occupation, but the Shawnee lands had been ceded completely and would soon be ready. So the New England companies worked their way on foot, or in hired wagons, up the right bank of the Kansas, hunting for eligible sites. About thirty miles west of the Missouri line and the old Shawnee mission they picked their spot late in July. The town of Lawrence grew out of their cluster of tents and cabins.
It was more than two months after the arrival of the squatters at Lawrence before the first governor of the new territory, Andrew H. Reeder, made his appearance at Fort Leavenworth and established civil government in Kansas. One of his first experiences was with the attempt of United States officers at the post to secure for themselves pieces of the Delaware lands which surrounded it. "While lying at the fort," wrote a surveyor who left early in September to run the Nebraska boundary line, "we heard a great deal about those d—d squatters who were trying to steal the Leavenworth site." None of the Delaware lands were open to settlement, since the United States had pledged itself to sell them all at public auction for the Indians' benefit. But certain speculators, including officers of the regular army, organized a town company to preëmpt a site near the fort, where they thought they foresaw the great city of the West. They relied on the immunity which usually saved pilferers on the Indian lands, and seem even to have used United States soldiers to build their shanties. They had begun to dispose of their building lots "in this discreditable business" four weeks before the first of the Delaware trust lands were put on sale.
However bitter toward each other, the settlers were agreed in their attitude toward the Indians, and squatted regardless of Indian rights or United States laws. Governor Reeder himself convened his legislature, first at Pawnee, whence troops from Fort Riley ejected it; then at the Shawnee mission, close to Kansas City, where his presence and its were equally without authority of law. He established election precincts in unceded lands, and voting places at spots where no white man could go without violating the law. The legal snarl into which the settlers plunged reveals the inconsistencies in the Indian policy. It is even intimated that Governor Reeder was interested in a land scheme at Pawnee similar to that at Fort Leavenworth.
The fight for Kansas began immediately after the arrival of Governor Reeder and the earliest immigrants. The settlers actually in residence at the commencement of 1855 seem to have been about 8500. Propinquity gave Missouri an advantage at the start, when the North was not yet fully aroused. At an election for territorial legislature held on March 30, 1855, the threat of Senator Atchison was revealed in all its fulness when more than 6000 votes were counted among a population which had under 3000 qualified voters. Missouri men had ridden over in organized bands to colonize the precincts and carry the election. The whole area of settlement was within an easy two days' ride of the Missouri border. The fraud was so crude that Governor Reeder disavowed certain of the results, yet the resulting legislature, meeting in July, 1855, was able to expel some of its anti-slavery members, while the rest resigned. It adopted the Missouri code of law, thus laying the foundations for a slave state.
The political struggle over Kansas became more intense on the border and more absorbing in the nation in the next four years. The free-state men, as the settlers around Lawrence came to be known, disavowed the first legislature on the ground of its fraudulent election, while President Pierce steadily supported it from Washington. Governor Reeder was removed during its session, seemingly because he had thrown doubts upon its validity. Protesting against it, the northerners held a series of meetings in the autumn, around Lawrence, and Topeka, some twenty-five miles further up the Kansas River, and crystallized their opposition under Dr. Robinson. Their efforts culminated at Topeka in October in a spontaneous, but in this instance revolutionary, convention which framed a free-state constitution for Kansas and provided for erecting a rival administration. Dr. Robinson became its governor.
Before the first legislature under the Topeka constitution assembled, Kansas had still further trouble. Private violence and mob attacks began during the fall of 1855. What is known as the Wakarusa War occurred in November, when Sheriff Jones of Douglas County tried to arrest some free-state men at Lecompton, and met with strong resistance reënforced with Sharpe rifles from New England. Governor Wilson Shannon, who had succeeded Reeder, patched up peace, but hostility continued through the winter. Lawrence was increasingly the centre of northern settlement and the object of pro-slave aggression. A Missouri mob visited it on May 21, 1856, and in the approving presence, it is said, of Sheriff Jones, sacked its hotel and printing shop, and burned the residence of Dr. Robinson.
In the fall a free-state crowd marched up the river and attacked Lecompton, but within a week of the sacking of Lawrence retribution was visited upon the pro-slave settlers. In cold blood, five men were murdered at a settlement on Potawatomi Creek, by a group of fanatical free-state men. Just what provocation John Brown and his family had received which may excuse his revenge is not certain. In many instances individual anti-slavery men retaliated lawlessly upon their enemies. But the leaders of the Lawrence party have led also in censuring Brown and in disclaiming responsibility for his acts. It is certain that in this struggle the free-state party, in general, wanted peaceful settlement of the country, and were staking their fortunes and families upon it. They were ready for defence, but criminal aggression was no part of their platform.
The course of Governor Shannon reached its end in the summer of 1856. He was disliked by the free-state faction, while his personal habits gave no respectability to the pro-slave cause. At the end of his régime the extra-legal legislature under the Topeka constitution was prevented by federal troops from convening in session at Topeka. A few weeks later Governor John W. Geary superseded him and established his seat of government in Lecompton, by this time a village of some twenty houses. It took Geary, an honest, well-meaning man, only six weeks to fall out with the pro-slave element and the federal land officers. He resigned in March, 1857.
Under Governor Robert J. Walker, who followed Geary, the first official attempt at a constitution was entered upon. The legislature had already summoned a convention which sat at Lecompton during September and October. Its constitution, which was essentially pro-slavery, however it was read, was ratified before the end of the year and submitted to Congress. But meanwhile the legislature which called the convention had fallen into free-state hands, disavowed the constitution, and summoned another convention. At Leavenworth this convention framed a free-state constitution in March, which was ratified by popular vote in May, 1858. Governor Walker had already resigned in December, 1857. Through holding an honest election and purging the returns of slave-state frauds he had enabled the free-state party to secure the legislature. Southerner though he was, he choked at the political dishonesty of the administration in Kansas. He had yielded to the evidence of his eyes, that the population of Kansas possessed a large free-state majority. But so yielding he had lost the confidence of Washington. Even Senator Douglas, the patron of the popular sovereignty doctrine, had now broken with President Buchanan, recognizing the right of the people to form their own institutions. No attention was ever paid by Congress to this Leavenworth constitution, but when the Lecompton constitution was finally submitted to the people by Congress, in August, 1858, it was defeated by more than 11,000 votes in a total of 13,000. Kansas was henceforth in the hands of the actual settlers. A year later, at Wyandotte, it made a fourth constitution, under which it at last entered the union on January 29, 1861. "In the Wyandotte Convention," says one of the local historians, "there were a few Democrats and one or two cranks, and probably both were of some use in their way."