The effect was prodigious; and the Free State men were swept away as with a whirlwind. Even Gov. Walker felt the force of the appeal. But he showed himself a brave man; and came back resolutely to the battle. He said: "I am your Governor! You must admit that I have at least a legal right to control my allies, so far as to give you a fair election; and I pledge you my word and honor that I will do it. Now try me! and see if I do not keep my word!"
The Free State men began to falter and to ask each other, "Is it not best to try the Governor, and see if he will be as good as his word?" And from this time forward there began to appear a division in the Free State ranks; which sometimes grew to be bitter and acrimonious. This division had indeed begun to appear one year before, when on the Fourth of July Col. Sumner had dispersed the Free State Legislature at Topeka. Gov. Robinson was at that time a prisoner, and was, therefore, not present; but he said in his next annual message as Free State Governor:
When your bodies met, pursuant to adjournment, in July last, your assembly was interfered with and broken up by a large force of United States troops in battle array, who drove you hence, in gross violation of those constitutional rights which it was your duty to have protected.
Wm. A. Phillips, correspondent of the New York Tribune, and afterwards a member of Congress, was a man terribly in earnest, and he did, on the above-named Fourth of July, in a speech, take the position that we ought to fight for our rights and defy Col. Sumner and his dragoons. The men that demanded that we should fight said: "We can take possession of the houses and fire out of the windows, and thus avoid the onset of Col. Sumner's cavalry." But the majority said: "We are loyal to the old flag, and in no case, and under no circumstances will be found fighting against it." It was this more conservative majority that began to demand that the Free State men should listen to Gov. Walker's overtures and vote at the coming election.
Gen. Lane had been uncompromising in defying the Territorial laws. He had said: "Gov. Walker has said, 'Vote next week.' What for? Have we not made our constitution? And do not the people of freedom like it? Can't we submit this to the people, and who wants another?" But now he had become at the first reticent, and finally said: "Vote." This singular man that constantly kept on exhibiting his desperate determination to resist the bogus laws, really kept in his heart the one supreme purpose to make himself the oracle of the prevailing sentiment among the Free State men. When, therefore, Gen. Lane said, "Let us vote," it was good evidence that this had become the prevailing sentiment among the Free State party.
A convention was held at Grasshopper Falls, August 26, 1857, at which this was the main question, and it was decided in favor of voting at the coming election of Territorial officers. The Hon. Henry Wilson had recently visited Kansas from Massachusetts, and he had earnestly entreated the Free State men to vote. Phillips, Conway and Redpath still protested against it. Gov. Robinson, however, gave his voice in favor of voting.
An election had already been-held June 15th to elect delegates to the Lecompton Constitutional Convention, at which the Free State men had taken no part. Fifteen Free State counties had in this election been disfranchished, no election having been ordered in them.
At the election of Territorial officers, held October 6, 1857, both parties turned out The Free State men cast 7,887 votes for the Territorial Legislature. The Lecompton party was reported to have cast 6,466 votes. But though the Free State men had a numerical majority of votes, yet the districts had been so arranged that the above returns gave a majority in the Legislature to the Lecompton party. Johnson county, bordering on Missouri, had been united in one district with Douglas county, in which Lawrence is situated, and this district had been given eight members. Oxford precinct, in Johnson county, was a place of not over a dozen houses, and polled 124 votes for township officers, yet it reported 1,628 votes for the Lecompton party. When, however, Gov. Walker and Mr. Stanton came to canvass the votes they threw out this Oxford vote. They also set aside 1,200 fraudulent votes in McGee county. The vote at Kickapoo, equally fraudulent, was also set aside. This gave a majority to the Free State party in the Lecompton Territorial Legislature, and thus Gov. Walker redeemed his pledge that the people should have a fair election.
Judge Cato felt that it was time to come to the rescue of his friends, and issued a writ directed to "Robert J. Walker, Governor of Kansas Territory, and Frederick P. Stanton, secretary of the same," commanding these gentlemen to issue certificates of election to the men who appeared to be elected according to the original returns. Gov. Walker good-naturedly refused to obey the order of the court, offering to submit to arrest for contempt of court, and tendering the judge a. posse of United States troops to aid in making the arrest. The judge began to see that he had been making a fool of himself, and dropped the subject. These Territorial judges had shown themselves capable of any excess of villainy, and had been a sure refuge in every time of trouble to this Lecompton party; but even the courts had now failed them, and these "border ruffian" judges were only laughed at by this Southern Governor. One year before, these conspirators had assembled an army to drive out the Free State settlers, and to give the Territory into the hands of the South; but Gov. Geary had interfered to thwart their purpose, and, what was worse, a majority of the leaders of that army, men of note along the Missouri border, had declared themselves in sympathy with Mr. Geary. Then they had asked for a Southern Governor, for would not he be true to the South? And now even this man had failed them, and had given the control of the Territorial Legislature into the hands of the Philistines! They were indeed in evil case. It seemed as if heaven and earth had combined against them, and that only hell was on their side. One last chance remained. If this was a desperate chance, it must be remembered they were playing a desperate game—they would make Kansas a slave State in spite of the Governor, in spite of the Territorial Legislature, and in spite of the people of Kansas.