On the day of my arrival at Atchison there was more than ordinary excitement. For several months there had been much disregard of law outside of the most densely populated portions of the State. Robberies, and murders for the sake of robbery, were of frequent occurrence. In one week a dozen persons met violent deaths. A citizen remarked to me that he did not consider the times a great improvement over '55 and '56.
Ten days before my arrival, a party of ruffians visited the house of a citizen about twelve miles from Atchison, for the purpose of robbery. The man was supposed to have several hundred dollars in his possession--the proceeds of a sale of stock. He had placed his funds in a bank at Leavenworth; but his visitors refused to believe his statement to that effect. They maltreated the farmer and his wife, and ended by hanging the farmer's son to a rafter and leaving him for dead. In departing, they took away all the horses and mules they could find.
Five of these men were arrested on the following day, and taken to Atchison. The judge before whom they were brought ordered them committed for trial. On the way from the court-house to the jail the men were taken from the sheriff by a crowd of citizens. Instead of going to jail, they were carried to a grove near the town and placed on trial before a "Lynch" court. The trial was conducted with all solemnity, and with every display of impartiality to the accused. The jury decided that two of the prisoners, who had been most prominent in the outrage, should be hanged on that day, while the others were remanded to jail for a regular trial. One of the condemned was executed. The other, after having a rope around his neck, was respited and taken to jail.
On the same day two additional arrests were made, of parties concerned in the outrage. These men were tried by a "Lynch" court, as their companions had been tried on the previous day. One of them was hanged, and the other sent to jail.
For some time the civil power had been inadequate to the punishment of crime. The laws of the State were so loosely framed that offenders had excellent opportunities to escape their deserts by taking advantage of technicalities. The people determined to take the law into their own hands, and give it a thorough execution. For the good of society, it was necessary to put a stop to the outrages that had been so frequently committed. Their only course in such cases was to administer justice without regard to the ordinary forms.
A delegation of the citizens of Atchison visited Leavenworth after the arrests had been made, to confer with General Blunt, the commander of the District, on the best means of securing order. They made a full representation of the state of affairs, and requested that two of the prisoners, then in jail, should be delivered to the citizens for trial. They obtained an order to that effect, addressed to the sheriff, who was holding the prisoners in charge.
On the morning of the day following the reception of the order, people began to assemble in Atchison from all parts of the county to witness the trial. As nearly all the outrages had been committed upon the farmers who lived at distances from each other, the trial was conducted by the men from the rural districts. The residents of the city took little part in the affair. About ten o'clock in the forenoon a meeting was called to order in front of the court-house, where the following document was read:--
HEAD-QUARTERS DISTRICT OF KANSAS,
FORT LEAVENWORTH, May 22, 1863.TO THE SHERIFF OF ATCHISON COUNTY:
SIR:--In view of the alarming increase of crime, the insecurity of life and property within this military district, the inefficiency of the civil law to punish offenders, and the small number of troops under my command making it impossible to give such protection to loyal and law-abiding citizens as I would otherwise desire; you will therefore deliver the prisoners, Daniel Mooney and Alexander Brewer, now in your possession, to the citizens of Atchison County, for trial and punishment by a citizens' court. This course, which in ordinary times and under different circumstances could not be tolerated, is rendered necessary for the protection of the property and lives of honest citizens against the lawless acts of thieves and assassins, who, of late, have been perpetrating their crimes with fearful impunity, and to prevent which nothing but the most severe and summary punishment will suffice. In conducting these irregular proceedings, it is to be hoped they will be controlled by men of respectability, and that cool judgment and discretion will characterize their actions, to the end that the innocent may be protected and the guilty punished.
Respectfully, your obedient servant,
JAMES G. BLUNT,
Major-General.
After the reading of the above order, resolutions indorsing and sustaining the action of General Blunt were passed unanimously. The following resolutions were passed separately, their reading being greeted with loud cheers. They are examples of strength rather than of elegance.
"Resolved, That we pledge ourselves not to stop hanging until the thieves stop thieving.
"Resolved, That as this is a citizens' court, we have no use for lawyers, either for the accused or for the people."