With this proclamation as a sort of official fulcrum, Chief-Justice Lecompte delivered at the May term of his court a most extraordinary charge to the grand jury. He instructed them that the bogus Legislature, being an instrument of Congress, and having passed laws, "these laws are of United States authority and making." Persons resisting these laws must be indicted for high treason. If no resistance has been made, but combinations formed for the purpose of resisting them, "then must you still find bills for constructive treason, as the courts have decided that the blow need not be struck, but only the intention be made evident." [Footnote: J. H. Gihon, "Governor Geary's Administration," p. 77; also compare two copies of the indictments, printed at full length in Phillips, "Conquest of Kansas," pp. 351-4.] Indictments, writs, and the arrest of many prominent free-State leaders followed as a matter of course. All these proceedings, too, seemed to have been a part of the conspiracy. Before the indictments were found, and in anticipation of the writs, Robinson, the free-State Governor-elect, then on his way to the East, was arrested while traveling on a Missouri River steamboat, at Lexington in that State, detained, and finally sent back to Kansas under the Governor's requisition. Upon this frivolous charge of constructive treason he and others were held in military custody nearly four months, and finally, at the end of that period, discharged upon bail, the farce of longer imprisonment having become useless through other events.
Apprehending fully that the Topeka movement was the only really serious obstacle to their success, the pro-slavery cabal, watching its opportunity, matured a still more formidable demonstration to suppress and destroy it. The provisional free-State Legislature had, after organizing on the 4th of March, adjourned, to reassemble on the 4th of July, 1856, in order to await in the meantime the result of their application to Congress. As the national holiday approached, it was determined to call together a mass meeting at the same time and place, to give both moral support and personal protection to the members. Civil war, of which further mention will be made in the next chapter, had now been raging for months, and had in its general results gone against the free-State men. Their leaders were imprisoned or scattered, their presses destroyed, their adherents dispirited with defeat. Nevertheless, as the day of meeting approached, the remnant of the provisional Legislature and some six to eight hundred citizens gathered at Topeka, though without any definite purpose or pre- arranged plan.
Governor Shannon, the second of the Kansas executives, had by this time resigned his office, and Secretary Woodson was again acting Governor. Here was a chance to put the free-State movement pointedly under the ban of Federal authority which the cabal determined not to neglect. Reciting the President's proclamation of February, Secretary Woodson now issued his own proclamation forbidding all persons claiming legislative power and authority as aforesaid from assembling, organizing, or acting in any legislative capacity whatever. At the hour of noon on the 4th of July several companies of United States dragoons, which were brought into camp near town in anticipation of the event, entered Topeka in military array, under command of Colonel E. V. Sumner. A line of battle was formed in the street, cannon were planted, and the machinery of war prepared for instant action. Colonel Sumner, a most careful and conscientious officer and a free-State man at heart, with due formality, with decision and firmness, but at the same time openly expressing the painful nature of his duty, commanded the provisional Legislature, then about to assemble, to disperse. The members, not yet organized, immediately obeyed the order, having neither the will nor the means to resist it. There was no tumult, no violence, but little protest even in words; but the despotic purpose, clothed in forms of law, made a none the less profound impression upon the assembled citizens, and later, when the newspapers spread the report of the act, upon the indignant public of the Northern States. From this time onward, other events of paramount historical importance supervene to crowd the Topeka Constitution out of view. In a feeble way the organization still held together for a considerable length of time. About a year later the provisional Legislature again went through the forms of assembling, and although Governor Walker was present in Topeka, there were no proclamations, no dragoons, no cannon, because the cabal was for the moment defeated and disconcerted and bent upon other and still more desperate schemes. The Topeka Constitution was never received nor legalized; its officers never became clothed with official authority; its scrip was never redeemed; yet in the fate of Kansas and in the annals of the Union at large it was a vital and pivotal transaction, without which the great conflict between freedom and slavery, though perhaps neither avoided nor delayed, might have assumed altogether different phases of development.
[Relocated Footnote (1): Later, on April 7, General Cass presented to the Senate another petition, purporting to be the Topeka Constitution, which had been handed him by J. H. Lane, president of the convention which framed it and Senator-elect under it ("Cong. Globe," 1856; April 7, p. 826). This paper proved to be a clerk's copy, with erasures and interlineations and signatures in one handwriting, which being questioned as probably spurious, Lane afterwards supplied the original draft prepared by the committee and adopted by the convention, though without signatures; also adding his explanatory affidavit ("Cong. Globe," App. 1856, pp. 378-9), to the effect that, the committee had devolved upon him the preparation of the formal copy, but that the original signatures had been mislaid. The official action of the Senate appears to have concerned itself exclusively with the copy presented by General Cass on March 24. Lane's copies served only as text for angry debate. As the Topeka Constitution had no legal origin or quality, technical defeats were of little consequence, especially in view of the action by the free-State voters of Kansas at their voluntary elections for delegates on October 9, and to ratify it on December 15, 1856.]
[Relocated Footnote (2): Nevertheless, the efforts of the free-State party tinder this combination were not wholly barren. The contest between Whitfield and Reeder for a seat in the House as territorial delegate not only provoked searching discussion, but furnished the occasion for sending an investigating committee to Kansas, attended by the contestants in person. This committee with a fearless diligence collected in the Territory, as well as from the border counties of Missouri, a mass of sworn testimony amounting to some 1200 printed pages, and which exposed the Border Ruffian invasions and the Missouri usurpation in all their monstrous iniquity, and officially revealed to the astounded North, for the first time and nearly two years after its beginning, the full proportions of the conspiracy which held sway in Kansas.]
CHAPTER XXV
CIVIL WAR IN KANSAS
Out of the antagonistic and contending factions mentioned in the last two chapters, the bogus Legislature and its Border-Ruffian adherents on the one hand, and the framers and supporters of the Topeka Constitution on the other, grew the civil war in Kansas. The bogus Legislature numbered thirty-six members. These had only received, all told, 619 legal bond fide Kansas votes; but, what answered their purposes just as well, 4408 Missourians had cast their ballots for them, making their total constituency (if by discarding the idea of a State line we use the word in a somewhat strained sense) 5427. This was at the March election, 1855. Of the remaining 2286 actual Kansas voters disclosed by Seeder's census, only 791 cast their ballots. That summer's emigration, however, being mainly from the free States, greatly changed the relative strength of the two parties. At the election of October 1, 1855, in which the free-State men took no part, Whitfield, for delegate, received 2721 votes, Border Ruffians included. At the election for members of the Topeka Constitutional Convention, a week later, from which the pro-slavery men abstained, the free-State men cast 2710 votes, while Reeder, their nominee for delegate, received 2849. For general service, therefore, requiring no special effort, the numerical strength of the factions was about equal; while on extraordinary occasions the two thousand Border- Ruffian reserve lying a little farther back from the State line could at any time easily turn the scale. The free-State men had only their convictions, their intelligence, their courage, and the moral support of the North; the conspiracy had its secret combination, the territorial officials, the Legislature, the bogus laws, the courts, the militia officers, the President, and the army. This was a formidable array of advantages; slavery was playing with loaded dice.
With such a radical opposition of sentiment, both factions were on the alert to seize every available vantage ground. The bogus laws having been enacted, and the free-State men having, at the Big Springs Convention, resolved on the failure of peaceable remedies to resist them to a "bloody issue," the conspiracy was not slow to cover itself and its projects with the sacred mantle of authority. Opportunely for them, about this time Governor Shannon, appointed to succeed Reeder, arrived in the Territory. Coming by way of the Missouri River towns, he fell first among Border-Ruffian companionship and influences; and perhaps having his inclinations already molded by his Washington instructions, his early impressions were decidedly adverse to the free-State cause. His reception speech at Westport, in which he maintained the legality of the Legislature, and his determination to enforce their laws, delighted his pro-slavery auditors. To further enlist his zeal in their behalf, a few weeks later they formally organized a "law-and-order party" by a large public meeting held at Leavenworth. All the territorial dignitaries were present; Governor Shannon presided; John Calhoun, the Surveyor-General, made the principal speech, a denunciation of the "abolitionists" supporting the Topeka movement; Chief-Justice Lecompte dignified the occasion with approving remarks. With public opinion propitiated in advance, and the Governor of the Territory thus publicly committed to their party, the conspirators felt themselves ready to enter upon the active campaign to crush out opposition, for which they had made such elaborate preparations.
Faithful to their legislative declaration they knew but one issue, slavery. All dissent, all non-compliance, all hesitation, all mere silence even, were in their stronghold towns, like Leavenworth, branded as "abolitionism," declared to be hostility to the public welfare, and punished with proscription, personal violence, expulsion, and frequently death. Of the lynchings, the mobs, and the murders, it would be impossible, except in a very extended work, to note the frequent and atrocious details. The present chapters can only touch upon the more salient movements of the civil war in Kansas, which happily were not sanguinary; if, however, the individual and more isolated cases of bloodshed could be described, they would show a startling aggregate of barbarity and loss of life for opinion's sake. Some of these revolting crimes, though comparatively few in number, were committed, generally in a spirit of lawless retaliation, by free- State men.