The History of the Confederate War, Its Causes and Its Conduct, Volume 1 (of 2) / A Narrative and Critical History

by George Cary Eggleston

John Brown—an able, adventurous, and fanatical man—took command of the free state forces and between him and his adversaries there was a contest for supremacy which involved every outrage to which civil war, waged by uncivilized man, can give birth. Small battles were fought. Men on either side were shot or hanged without mercy. Homes were desolated. Women and children were driven forth to suffer all the agonies of starvation, of cold, and of homelessness—all in aid of the voting one way or the other.

In our time such a situation in a territory subject to national control would be instantly ended by the sending of troops to the disturbed region with instructions to preserve order, to suppress all manner of lawlessness, and to protect all citizens equally in the enjoyment of the peaceful possession of the land. But in the fifties the government of the United States was still unused to such exercise of its authority—parties were too evenly divided, political feeling was too hot and voters were far too sensitive, to admit of such a treatment of the situation as would in our time seem quite a matter of course. Troops were sent to Kansas, it is true, but in quite insufficient numbers and under inadequate instructions. So the war in Kansas went on and otherwise peaceful citizens of the Union actively aided it upon the one side or the other quite as if it had not been a civil war within the Union and in a territory in which the authority of Congress was supreme beyond even the possibility of question.

At the South companies of armed men were organized, equipped, and sent into Kansas nominally to settle there and vote to make a slave state of the territory, but really, if possible, to drive out every "Free State" man or to overawe or overcome them all, so that the voting might be all one way. At the North similar companies of men were organized and armed and aided to emigrate for the purpose of doing very much the same thing to the representatives of slavery and achieving a contrary result at the ballot box.

Many of the men on both sides were not genuine settlers at all but merely armed bandits engaged in a mission of violence. Yet on both sides they were supported, encouraged, and defended in their lawlessness by the pulpit, the press, and every other agency of civilization.

Elections were held in the territory in which both sides voted their men without question as to their age, the length of their residence within the territory or any other qualification for voting which the loose laws of the time provided. Every devilish device of fraud and swindling that had up to that time been invented by ingeniously unscrupulous politicians was employed on the one side or the other without so much as a qualm of conscience or a scruple of conventionality.

It was war that these men were engaged in and elections were a mere pretense. War habitually has no scruples as to the means it uses for the overcoming of an adversary. On each side men voted who had arrived within the territory just in time for the election, cheerfully perjuring themselves in order to do so, an incident which nobody seemed to regard as a serious matter. Each side voted its men as often as it could under the loose election laws of the time and in some cases that was very often. Ballot boxes were stuffed with fraudulent votes by one side and were seized and destroyed by the other.

Conventions fraudulently chosen by such practices as these framed constitutions which were one after another rejected by Congress.

The story need not be told here in further detail. The struggle continued until the end of the decade and it was not until after the Confederate War had begun that the territory was admitted to the Union as a state. In the meanwhile the eyes and minds of all the people in the country were concentrated upon that center of disturbance and the situation there enormously increased the intensity of that acrimony which already characterized the relations of men North and South.

Another event which tended to increase the acrimony between the two sections of the country and ultimately to bring about war was the rendering of the "Dred Scott" decision, which alarmed and intensely angered the North.

Dred Scott was a negro slave in Missouri, owned by an army surgeon who, about twenty years before, had taken him as a servant to an army post in Illinois. Under the laws of Illinois any slave taken by his master into that state was by that act set free.