Following this came his proclamation of February 11, leveled against "combinations formed to resist the execution of the territorial laws." Early in May, Chief-Justice Lecompte held a term of his court, during which he delivered to the grand jury his famous instructions on constructive treason. Indictments were found, writs issued, and the principal free-State leaders arrested or forced to flee from the Territory. Governor Robinson was arrested without warrant on the Missouri River, and brought back to be held in military custody till September. [Transcriber's Note: Lengthy footnote relocated to chapter end.] Lane went East and recruited additional help for the contest. Meanwhile Sheriff Jones, sitting in his tent at night, in the town of Lawrence, had been wounded by a rifle or pistol in the attempt of some unknown person to assassinate him. The people of Lawrence denounced the deed; but the sheriff hoarded up the score for future revenge. One additional incident served to precipitate the crisis. The House of Representatives at Washington, presided over by Speaker Banks, and under control of the opposition, sent an investigating committee to Kansas, consisting of Wm. A. Howard, of Michigan, John Sherman, [Footnote: Owing to the illness of Mr. Howard, chairman of the committee, the long and elaborate majority report of this committee was written by John Sherman. Its methodical analysis and powerful presentation of evidence made it one of the most popular and convincing documents ever issued.] of Ohio, and Mordecai Oliver, of Missouri, which, by the examination of numerous witnesses, was probing the Border-Ruffian invasions, the illegality of the bogus Legislature, and the enormity of the bogus laws to the bottom.
[Sidenote: Howard Report, p. 66.]
Ex-Governor Reeder was in attendance on this committee, supplying data, pointing out from personal knowledge sources of information, cross-examining witnesses to elicit the hidden truth. To embarrass this damaging exposure, Judge Lecompte issued a writ against the ex- Governor on a frivolous charge of contempt. Claiming but not receiving exemption from the committee, Beeder on his personal responsibility refused to permit the deputy marshal to arrest him. The incident was not violent, nor even dramatic. No posse was summoned, no further effort made, and Reeder, fearing personal violence, soon fled in disguise. But the affair was magnified as a crowning proof that the free-State men were insurrectionists and outlaws.
It must be noted in passing that by this time the Territory had by insensible degrees drifted into the condition of civil war. Both parties were zealous, vigilant, and denunciatory. In nearly every settlement suspicion led to combination for defense, combination to some form of oppression or insult, and so on by easy transition to arrest and concealment, attack and reprisal, expulsion, theft, house- burning, capture, and murder. From these, again, sprang barricaded and fortified dwellings, camps and scouting parties, finally culminating in roving guerrilla bands, half partisan, half predatory. Their distinctive characters, however, display one broad and unfailing difference. The free-State men clung to their prairie towns and prairie ravines with all the obstinacy and courage of true defenders of their homes and firesides. The pro-slavery parties, unmistakable aliens and invaders, always came from, or retired across, the Missouri line. Organized and sustained in the beginning by voluntary contributions from that and distant States, they ended by levying forced contributions, by "pressing" horses, food, or arms from any neighborhood they chanced to visit. Their assumed character changed with their changing opportunities or necessities. They were squads of Kansas militia, companies of "peaceful emigrants," or gangs of irresponsible outlaws, to suit the chance, the whim, or the need of the moment.
[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 74.]
[Sidenote: Phillips, pp. 289-90.]
[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 75.]
Since the unsatisfactory termination of the "Wakarusa war," certain leaders of the conspiracy had never given up their project of punishing the town of Lawrence. A propitious moment for carrying it out seemed now to have arrived. The free-State officers and leaders were, thanks to Judge Lecompte's doctrine of constructive treason, under indictment, arrest, or in flight; the settlers were busy with their spring crops; while the pro-slavery guerrillas, freshly arrived and full of zeal, were eager for service and distinction. The former campaign against the town had failed for want of justification; they now sought a pretext which would not shame their assumed character as defenders of law and order. In the shooting of Sheriff Jones in Lawrence, and in the refusal of ex-Governor Beeder to allow the deputy-marshal to arrest him, they discovered grave offenses against the territorial and United States laws. Determined also no longer to trust Governor Shannon, lest he might again make peace, United States Marshal Donaldson issued a proclamation on his own responsibility, on May 11, 1856, commanding "law-abiding citizens of the Territory" "to be and appear at Lecompton, as soon as practicable and in numbers sufficient for the proper execution of the law." Moving with the promptness and celerity of preconcerted plans, ex-Vice-President Atchison, with his Platte County Rifles and two brass cannon, the Kickapoo Rangers from Leavenworth and Weston, Wilkes, Titus, Buford, and all the rest of the free lances in the Territory, began to concentrate against Lawrence, giving the marshal in a very few days a "posse" of from 500 to 800 men, armed for the greater part with United States muskets, some stolen from the Liberty arsenal on their former raid, others distributed to them as Kansas militia by the territorial officers. The Governor refused to interfere to protect the threatened town, though an urgent appeal to do so was made to him by its citizens, who after stormy and divided councils resolved on a policy of non-resistance.
[Sidenote: Memorial, Senate Ex. Doc., 3d Sess. 34th Cong. Vol. II., p. 77.]
They next made application to the marshal, who tauntingly replied that he could not rely on their pledges, and must take the liberty to execute his process in his own time and manner. The help of Colonel Sumner, commanding the United States troops, was finally invoked, but his instructions only permitted him to act at the call of the Governor or marshal. [Footnote: Sumner to Shannon, May 12, 1856. Senate Ex. Doc., No. 10, 3d Sess. 34th Cong. Vol. V., p. 7.] Private persons who had leased the Free-State Hotel vainly besought the various authorities to prevent the destruction of their property. Ten days were consumed in these negotiations; but the spirit of vengeance refused to yield. When the citizens of Lawrence rose on the 21st of May they beheld their town invested by a formidable military force.