[Sidenote: "House Journal Kansas Territory," 1855. p. 30; "Council
Journal," 1855, p. 253.]
The bogus Legislature adjourned late on the night of the 30th of August, 1855. They had elaborately built up their legal despotism, commissioned trusty adherents to administer it, and provided their principal and undoubted partisans with military authority to see that it was duly executed. Going still a step further, they proposed so to mold and control public opinion as to prevent the organization of any party or faction to oppose their plans. In view of the coming presidential campaign, it was the fashion in the States for Democrats to style themselves "National Democrats"; and a few newspapers and speakers in Kansas had adopted the prevailing political name. To stifle any such movement, both houses of the Legislature on the last night of their session adopted a concurrent resolution declaring that the proposition to organize a National Democratic party, having already misled some of their friends, would divide pro-slavery Whigs from Democrats and weaken their party one-half; that it was the duty of the pro-slavery, Union-loving men of Kansas "to know but one issue, slavery; and that any party making or attempting to make any other is and should be held as an ally of abolitionism and disunion."
Had the conspiracy been content to prosecute its designs through moderate measures, it would inevitably have fastened slavery upon Kansas. The organization of the invasion in western Missouri, carried on under pre-acknowledged leadership, in populous counties, among established homes, amid well-matured confidence growing out of long personal and political relationship, would have been easy even without the powerful bond of secret association. On the other hand, the union of the actual inhabitants of Kansas, scattered in sparse settlements, personal strangers to each other, coming from widely separated States, and comprising radically different manners, sentiments, and traditions, and burdened with the prime and unyielding necessity of protecting themselves and their families against cold and hunger, was in the very nature of the case slow and difficult. But the course of the Border Ruffians created, in less than six weeks, a powerful and determined opposition, which became united in support of what is known as the Topeka Constitution.
It is noteworthy that this free-State movement originated in Democratic circles, under Democratic auspices. The Republican party did not yet exist. The opponents of the Kansas-Nebraska Act were distributed among Whigs, Know-Nothings, and Free-soilers in the States, and had no national affiliation, although they had won overwhelming triumphs in a majority of the Congressional districts in the fall elections of 1854. Nearly if not quite all the free-State leaders originally went to Kansas as friends of President Pierce, and as believers in the dogma of "Popular Sovereignty."
Now that this usurping Legislature had met, contemptuously expelled the free-State members, defied the Governor's veto, set up its ingeniously contrived legal despotism, and commissioned its partisan followers to execute and administer it, the situation became sufficiently grave to demand defensive action. The real settlers were Democrats, it was true; they had voted for Pierce, shouted for the platform of '52, applauded the Kansas-Nebraska Act, and emigrated to the Territory to enjoy the new political gospel of popular sovereignty. But the practical Democratic beatitudes of Kansas were not calculated to strengthen the saints or confirm them in the faith. A Democratic invasion had elected a Democratic Legislature, which enacted laws, under whose arbitrary "non-intervention" a Democratic court might fasten a ball and chain to their ankles if they should happen to read the Declaration of Independence to a negro, or carry Jefferson's "Notes on Virginia" in their carpet-bags.
The official resolution which the bogus Legislature proclaimed as a final political test left no middle ground between those who were for slavery and those who were against slavery—those who were for the bogus laws in all their enormity, and those who were against them—and all who were not willing to become active co-workers with the conspiracy were forced to combine in self-defense.
It was in the town of Lawrence that the free-State movement naturally found its beginning. The settlers of the Emigrant Aid Society were comparatively few in number; but, supported by money, saw-mills, printing-presses, boarding-houses, they became from the very first a compact, self-reliant governing force. A few preliminary meetings, instigated by the disfranchised free-State members of the Legislature, brought together a large mass convention. The result of its two days' deliberations was a regularly chosen delegate convention held at Big Springs, a few miles west of Lawrence, on the 5th of September, 1855. More important than all, perhaps, was the presence and active participation of ex-Governor Reeder himself, who wrote the resolutions, addressed the convention in a stirring and defiant speech, and received by acclamation their nomination for territorial delegate.
The platform adopted repudiated in strong terms the bogus Legislature and its tyrannical enactments, and declared "that we will endure and submit to these laws no longer than the best interests of the Territory require, as the least of two evils, and will resist them to a bloody issue as soon as we ascertain that peaceable remedies shall fail." It also recommended the formation of volunteer companies and the procurement of arms. The progressive and radical spirit of the convention is illustrated in its endorsement of the free-State movement, against the report of its own committee.
[Sidenote: Howard Report, pp. 48-58.]
The strongest point, however, made by the convention was a determination, strictly adhered to for more than two years, to take no part in any election under the bogus territorial laws. As a result Whitfield received, without competition, the combined pro-slavery and Border Ruffian vote for delegate on the first of October, a total of 2721 ballots. Measures had meanwhile been perfected by the free-State men to elect delegates to a constitutional convention. On the 9th of October, at a separate election, held by the free-State party alone, under self-prescribed formalities and regulations, these were duly chosen by an aggregate vote of 2710, ex-Governor Reeder receiving at the same polls 2849 votes for delegate.