[Sidenote: "Statutes Territory of Kansas," 1855, p. 332.]
Having secured their present domination, they sought to perpetuate their political ascendency in the Territory. They ingeniously prolonged the tenure of their various appointees, and to render their success at future elections easy and certain they provided that candidates to be eligible, and judges of election, and voters when challenged, must swear to support the Fugitive-Slave Law. This they knew would virtually disfranchise many conscientious antislavery men; while, on the other hand, they enacted that each inhabitant who had paid his territorial tax should be a qualified voter for all elective officers. Under so lax a provision Missouri invaders could in the future, as they had in the past, easily give an apparent majority at the ballot-box for all their necessary agents and ulterior schemes.
In a technical sense the establishment of slavery in Kansas was complete. There were by the census of the previous February already some two hundred slaves in the Territory. Under the sanction of these laws, and before they could by any possibility be repealed, some thousands might be expected, especially by such an organized and united effort as the South could make to maintain the vantage ground already gained. Once there, the aggressiveness of the institution might be relied on to protect itself, since all experience had shown that under similar conditions it was almost ineradicable.
[Sidenote: Colfax, Speech in H.R., June 21, 1856.]
After so much patriotic endeavor on the part of these Border Ruffian legislators "that the Union and law may not be trampled in the dust," it cannot perhaps be wondered at that they began to look around for their personal rewards. These they easily found in the rich harvest of local monopolies and franchises which lay scattered in profusion on this virgin field of legislation, ready to be seized and appropriated without dispute by the first occupants. There were charters for railroads, insurance companies, toll-bridges, ferries, coal-mines, plank roads, and numberless privileges and honors of present or prospective value out of which, together with the county, district, and military offices, the ambitious members might give and take with generous liberality. One-sixth of the printed laws of the first session attest their modest attention to this incidental squatters' dowry. One of the many favorable opportunities in this category was the establishment of the permanent territorial capital, authorized by the organic act, where the liberal Federal appropriation for public buildings should be expended. For this purpose, competition from the older towns yielding gracefully after the first ballot, an entirely new site on the open prairie overlooking the Kansas River some twelve miles west of Lawrence was agreed upon. The proceedings do not show any unseemly scramble over the selection, and no tangible record remains of the whispered distribution of corner lots and contracts. It is only the name which rises into historical notice.
[Sidenote: "House Journal Kansas Territory," 1855. Appendix, p. 3.]
One of the actors in the political drama of Kansas was Samuel Dexter Lecompte, Chief-Justice of the Territory. He had been appointed from the border State of Maryland, and is represented to have been a diligent student, a respectable lawyer, a prominent Democratic politician, and possessed of the personal instincts and demeanor of a gentleman. Moved by a pro-slavery sympathy that was sincere, Judge Lecompte lent his high authority to the interests of the conspiracy against Kansas. He had already rendered the bogus Legislature the important service of publishing an extra-judicial opinion, sustaining their adjournment from Pawnee to Shawnee Mission. Probably because they valued his official championship and recognized in him a powerful ally in politics, they made him a member of several of their private corporations, and gave him the honor of naming their newly founded capital Lecompton. But the intended distinction was transitory. Before the lapse of a single decade, the town for which he stood sponsor was no longer the capital of Kansas.
[Relocated Footnote: Namely, because of a viva voce vote certified instead of a ballot, and because the prescribed oath and the words "lawful resident voters" had been openly erased from the printed forms. In six districts the Governor ordered a supplementary election, which was duly held on the 22d of May following. When that day arrived, the Border Ruffians, proclaiming the election to be illegal, by their default allowed free-State men to be chosen in all the districts except that of Leavenworth, where the invasion and tactics of the March election were repeated now for the third time and the same candidates voted for.—Howard Report, pp. 35-36. Indeed, the Border Ruffian habit of voting in Kansas had become chronic, and did not cease for some years, and sometimes developed the grimmest humors. In the autumn of that same year an election for county-seat took place in Leavenworth County by the accidental failure of the Legislature to designate one. Leavenworth city aspired to this honor and polled six hundred votes; but it had an enterprising rival in Kickapoo city, ten miles up the river, and another, Delaware city, eight miles down stream. Both were paper towns—"cottonwood towns," in border slang—of great expectations; and both having more unscrupulous enterprise than voters, appealed to Platte County to "come over." This was an appeal Platte County could never resist, and accordingly a chartered ferry-boat brought voters all election day from the Missouri side, until the Kickapoo tally-lists scored 850. Delaware city, however, was not to be thus easily crushed. She, too, not only had her chartered ferry-boat, but kept her polls open for three days in succession, and not until her boxes contained nine hundred ballots (of which probably only fifty were legal) did the steam whistle scream victory! When the "returning board" had sufficiently weighed this complicated electoral contest, it gravely decided that keeping the polls open for three days was "an unheard of irregularity." (J. N. Holloway, "History of Kansas," pp. 192-4.) This was exquisite irony; but a local court on appeal seriously giving a final verdict for Delaware, the transaction became a perennial burlesque on "Squatter Sovereignty.">[