On July 9th, he wrote to his son John that he was now in the log cabin of the "notorious James Montgomery" whom he deemed a very "brave and talented officer." Montgomery was the author of the recrudescence, in Linn and Bourbon counties, of the lawlessness of 1856. Disapproving of the election, January 4, 1858, under the Lecompton Constitution, he destroyed the ballot boxes in his district. His political relations with the pro-slavery settlers in Linn County becoming strained, he served notice on them to leave the Territory, and compelled them to seek refuge in Missouri. A troop of cavalry being sent to arrest him, he, with seven others, opened fire upon it from the timber, killing one enlisted man and wounding the captain—George T. Anderson, First United States Cavalry—and two others.
While the Free-State men greatly admired Montgomery's prowess, they balked at the retaliatory operations his actions provoked. The deliberate killing of five Free-State men and the wounding of five more on the Marias des Cygnes May 19th, by Charles A. Hamilton, caused them to reflect, seriously, upon the situation. Even if Montgomery had succeeded in burning Fort Scott, in retaliation for these murders, it could not have brought the dead back to life. The settlers therefore, regardless of political sentiment, united in an effort to tranquilize matters. Governor Denver appeared upon the scene in company with Charles Robinson and Judge J. W. Wright, in an earnest effort to secure a general pacification. June 14th, at a mass-meeting held at Fort Scott, a treaty of peace was negotiated. It was called the Denver Treaty. It provided that "by-gones should be by-gones" as far as possible; that the Federal troops at Fort Scott should be removed; that militia should be stationed along the border, to prevent further invasions from Missouri; and that all other armed companies should withdraw from the field. "This compact was religiously adhered to during the summer and fall."[316]
Brown found upon his arrival in the recently distracted district that the Free-State settlers desired peace, and had so publicly declared, and that in response to their wishes Montgomery had disbanded his band of raiders. But with the Free-State settlers' wishes, and with their material and political welfare Brown had no concern. His interests were distinct from theirs. He came not to serve them, nor to serve the Free-State cause, but to use them and the Free-State sentiment, as a shield to protect him from violence while in pursuit of the criminal operations in which he intended to engage. It was a continuation of the graft, upon the Free-State cause, which he was professionally working. Stealthily and in disguise he came into this settlement, and by stealth he proceeded to execute the purposes for which he came.
Disregarding the settlers' peace treaty and Montgomery's example, Brown proceeded to organize a company, or pretended that he organized one, and drew up a paper entitled "Articles of Agreement" for Shubel Morgan's Company. However, in view of the character of some of the men whose names appear upon the roll of its membership, and because of the nature of the business which Brown actually engaged in thereafter, as well as the personality of the men whom he really directed, it probably was merely a paper organization gotten up for the delectation of his Eastern friends, male and female. The articles are as follows:
We, the undersigned members of Shubel Morgan's Company, hereby agree to be governed by the following Rules:
1. A gentlemanly and respectful deportment shall at all times and places be maintained toward all persons; and all profane or indecent language shall be avoided in all cases.
2. No intoxicating drinks shall be used as a beverage by any member or be suffered in camp for such purpose.
3. No member shall leave camp without leave of the Commander.
4. All property captured in any manner shall be subjected to equal distribution among the members.
5. All acts of petty or other thefts shall be promptly and properly punished, and restitution made as far as possible.