Chapter 22

Mr. Branscomb and a Colonel Blood, of Wisconsin, who had also been sent out by Mr. Lawrence, met the emigrants at Kansas City, and, after a good deal of deliberation, led them to the spot on the Kansas River, above the confluence of the Wakarusa with the Kansas, on which the town of Lawrence was afterward built.

A few days before this first party of emigrants had arrived from the East, a meeting of residents of Platte County in Missouri took place at Weston, and, under the lead of B. F. Stringfellow, an organization was formed, which called itself the "Platte County Self-defensive Association," with the declared purpose of aiding in the removal of all persons from the soil of Kansas who might go there throughthe aid or protection or guidance of emigrant aid societies in the North. Other such associations were formed in other localities of western Missouri, and before the autumn of 1854 had hardly opened, from five to ten thousand persons, mostly desperate and reckless characters, were organized in the border counties of western Missouri, and ready to invade Kansas for the purpose of protecting the settlers in the Territory from Missouri and the South generally in the exclusive possession of the Territory.

In September, the little party of about thirty men, who had pitched their tents upon the site of the present city of Lawrence, were joined by Dr. Robinson and S. C. Pomeroy, with the second party from the East, numbering some two hundred men. Upon the arrival of these the work of laying out and building the town was begun, and the place was named, in honor of the strong financial supporter of the Emigrant Aid enterprise, Lawrence.

When the first party arrived at the site they found it occupied by a single settler, named Stearns. Mr. Branscomb immediately purchased Stearns' claim and improvements for the company. The Missourians had, however, rushed into the Territory, at the earliest moment after the passage of the organic Act, and marked all the best lands as taken, leaving very little for bona fide settlers. As the result of this procedure, another claimant to the site of Lawrence soon appeared, one John Baldwin, and ordered the Yankees to decamp. Robinson proposed that each settler be left in possession until some authorized tribunal could pass upon the claims, and declared that his party would hold possession until removed by a legal act. Baldwin and his party rejected the proposition, and summoned their Missouri friends to assist them. Some came,but not enough to overcome the Yankees. The Yankees stood firm and the Missourians retired, declaring that they would come again, and breathing out threats of war and bloodshed upon their return. This was October 6th, 1854, and such was the first invasion of the Missourians.

On the next day, the Governor of the Territory, the President's representative, the Hon. A. H. Reeder, of Pennsylvania, arrived at Fort Leavenworth, and began his régime in the Territory. From this time forward the history of the Territory is the resultant of four elemental forces in contact with each other—the general Government, the pro-slavery inhabitants, the anti-slavery inhabitants, and the Missourians.

Governor Reeder was a genial, intelligent, upright man, a good lawyer and a fine orator. He was a Union-loving Democrat, and a firm believer in the doctrine of home rule in the Territories. He declared that he would maintain peace and order in the Territory, and immediately set out on a tour of inspection through the Territory. After having finished this, he caused the Territory to be districted, and ordered the election of a delegate to Congress.

There is little question that at the moment a majority of the bona fide settlers in the Territory were pro-slavery, and would have elected the delegate to Congress without any outside aid, but the pro-slavery men in Kansas and Missouri had become excited by the rumors of the vast schemes in the East for planting anti-slavery military colonies in the Territories, and also in the slaveholding Commonwealths, and were in no state of mind to think quietly and act calmly. They felt that they must make sure of all of the elements of government inKansas at the outset. The Missourians consequently committed the fatal and unnecessary blunder of going over into Kansas, to the number of some seventeen hundred or more, and voting for the pro-slavery candidate for Congress, J. W. Whitfield, who was thus elected by a large majority. Without the vote of the Missourians, Whitfield had still a substantial majority, but this travesty of the principle of home rule in the Territories, this pollution of republican principles at the very fountain-head, roused the North to the highest pitch of indignation.

This election took place on November 29th, 1854. Had it occurred before the Congressional elections of that year, it would most probably have caused a much more rapid development of the Republican party than happened, and the election of the Republican candidate for the presidency two years later. As it was, the struggle over the Kansas-Nebraska bill, and its final passage, had started the amalgamation of the Northern Whigs, the Free-soilers, and the Northern Democrats who opposed the repeal of the Missouri Compromise, into the Republican party, and had, in the Congressional elections of 1854, been the chief cause in changing a Democratic majority of more than eighty in the House of Representatives into a minority by more than seventy.

Of course the disintegration of the two old parties would, under ordinary conditions, proceed slowly. The members of neither were willing to enter the organization, or bear the name, of the other. As the Northern Whigs had unanimously opposed the repeal of the restriction of 1820 upon slavery in the Territories, it was not unnatural that they should at first feel that they were already the anti-slavery-extension party, and that all persons holding to that principle should bewilling to march under their banner. Some of the more liberal minds among them in the Northwest, especially in Wisconsin and Michigan, had, already in the summer of 1854, joined with the Free-soilers, and the Democrats who opposed the repeal of the Missouri Compromise, to form a new party, under a new name, the Republican party, which, indeed, had no other principle than that already represented by the Northern Whigs, but which did not repel the Democrats by requiring them to desert to their old enemy. The great majority of both Whigs and Democrats were, however, rather waiting to see how home rule in the Territories would work, and were in the meantime busying themselves, in large degree, with other questions, chief among which was the question whether the country ought not to be preserved against foreign Roman Catholic immigration, the question which gave rise to the short-lived Know-nothing party, with its principle of America for Americans, the only real service of which movement was the aid which it lent to the dissolution of the Whig party, and to the preparation of the way for the union of the Northern Whigs with the anti-slavery-extension elements of the other parties into the Republican party.

The interference of the Missourians in the first election in Kansas, demonstrating the impracticability of "popular sovereignty" in the Territories, was the very thing necessary to hasten the development of the Republican party, but it came too late to influence the elections of 1854, and the shock which it caused lost some of the sharpness of its effect before the autumn of 1856.

The Congress to which Whitfield presented his credentials was the one whose House of Representatives had been chosen in 1852. His claim to his seat was at first not resisted, and the first step in the programme for making Kansas a slaveholding Territory was thus successful.

Of far more importance, however, than the election of the delegate to Congress was the election of the members of the first Territorial legislature, since, according to the principle of "popular sovereignty" in the Territories, it would have the power probably of determining primarily the legality or illegality of slavery in Kansas.

In February of 1855, the Territorial authorities took a census of the inhabitants of the Territory, and it was estimated that there were between eight and nine thousand bona fide settlers in the Territory, about three thousand of whom were voters. It was also found that about four-sevenths of the legal voters had emigrated from the South. It is not probable, however, that all of these were pro-slavery men.

March 13th following was the day appointed for the election. All through the month the Missourians of the border counties were assembling in their "Blue Lodges," arming, organizing and drilling. On the day of the election some four or five thousand of them marched, fully armed, to the voting places in the more eastern districts of the Territory, and compelled the acceptance of their ballots by the regular judges of the elections, or by judges appointed by themselves. About six thousand three hundred votes were cast at this election, and it was estimated that three-fourths of them were cast by the Missouri invaders. Some of them pretended to be residents of the Territory, but most of those who thought it necessary to justify the procedure at all claimed that the Emigrant Aid Company had sent out men for the sole purpose of voting, and that their own action was retaliatory. The invasion was a notoriously public deed. The Missourians came in companies, with music and banners, and made no attempt at concealment. TheGovernor of the Territory resided, at the time, near the Missouri border, and probably had ocular proof of the outrage. The anti-slavery men thought that he would set the entire election aside. He did call for protests, and appointed April 5th as the time for hearing the same and canvassing the returns.

When the day arrived protests had been received from only six or seven of the eighteen election districts, and affected the elections of not more than three of the thirteen persons returned as elected to the upper house, and of not more than nine of the twenty-six persons returned as elected to the lower house, of the Territorial legislature.

Dr. Robinson and the anti-slavery men who had gathered about the Governor as a sort of body-guard wanted the Governor to declare the entire election null and void, but the Governor was a good lawyer, and he quickly determined that he could not pronounce an election null and void in a district from which no charges of fraud were presented, on account of fraud charged in some other district, and that he could not refuse his certificate to any one elected on the face of the returns, if nobody disputed the regularity of his election. Upon examining the disputed cases he decided to refuse his certificate to eight of the twelve persons chosen on the face of the disputed returns. Thirty-one members were thus duly qualified to take their seats, and new elections for eight seats were ordered. Of these thirty-one, twenty-eight were counted as pro-slavery men, a large majority in both houses.

Dr. Robinson and the anti-slavery men found great fault with the Governor, and charged him with being frightened out of his original purpose to set the entire election aside, but it is difficult to see how he could have done this without protests against the return of eachand every person. It would certainly have been an arbitrary procedure to have done so. If the anti-slavery men were not brave enough to protest, it certainly did not become them to taunt the Governor with backing down, when they gave him nothing upon which to base the refusal to issue his certificates.

The 22nd day of the following month (May) was appointed for holding the elections for the seats declared unfilled by the Governor. The anti-slavery candidates were elected to all of them. The pro-slavery men ignored the election. This meant that those holding the Governor's certificate by virtue of this election would be rejected by the legislature itself, and those returned as elected at the first election would be seated, under the power of the legislature to determine finally upon the legitimacy of its members. This happened as soon as the legislature assembled and organized itself in the first days of July.

The legislature as thus organized contained only a single anti-slavery man, a Mr. Houston, and he voluntarily vacated his seat a few weeks later in great disgust. From a technical point of view this legislature was a legitimate body, but from a moral and a political point of view it did not represent the people of the Territory. It represented simply the pro-slavery party, and used its powers in utter disregard of justice and right reason.

The great problem for the anti-slavery men now was to repudiate the jurisdiction of this legislature without rebelling against the general Government and its agent in the Territory, the Governor. Dr. Robinson had had the experience in California of aiding to make a Commonwealth in the Union, without the transitional period ofTerritorial organization. He now applied this experience to the solution of the Kansas question.

The idea of Dr. Robinson and his colleagues was, to hold a convention of the people of the Territory for the purpose of framing an organic statute for Commonwealth government, which, after adoption by the people, should be sent to Congress, with a petition for the admission of Kansas into the Union as a Commonwealth. They proposed in the meantime to get on without any Territorial government as best they could.

Their idea was, in the second place, to ignore the Territorial government altogether as bogus, but to yield obedience to the officials of the general Government in the Territory. This distinction might be made, so far as the Territorial legislature was concerned, upon the "popular sovereignty" principle. The difficulty was in applying it to the Governor and the Territorial judges appointed by the President. To distinguish between their functions in such a way as to deny their authority when administering the acts of the Territorial legislature, and yield to it when administering the acts of Congress in the Territory, was certainly a very delicate procedure, if possible at all. Such distinctions would have to be very clearly understood, and very correctly applied in each case, in order to avoid the charge of rebellion and treason.

Had the Governor remained true to the legislature it is possible that this plan of rebellion against the Territorial government might have been suppressed at the outset, but such was not to be the course of history. He called the legislature to assemble at Pawnee on July 2nd. It remained in session there only four days. It did little more than unseat the persons holding the Governor's certificate by virtue of the second election, and seatthose to whom he had denied his certificate on account of fraud at the first election. It then adjourned itself to Shawnee Mission, a place nearer the Missouri border. The Governor denied the power of the legislature to do this, since by the Act organizing the Territory, the legislature must first meet at the time and place appointed by the Governor, and was vested by the Act with power, thereafter, only over the time of commencing its regular sessions. The Governor vetoed the proposition of the legislature to change its place of meeting. The legislature passed the project over his veto, and removed to Shawnee Mission; after which the Governor broke off all official connection with it. There is little doubt that the pro-slavery legislature wanted to be where it could be easily supported by the Missourians, and that the Governor considered this a menace to his own independence, and an outrage upon the people of Kansas, and upon the principle of "popular sovereignty" in the Territories.

The attitude now assumed by the Governor toward the legislature at Shawnee Mission was a great encouragement to the anti-slavery men. Dr. Robinson had already sent to Mr. Thayer for Sharpe's rifles, and, at the time of the Governor's quarrel with the legislature, a sufficient number of these had arrived to furnish almost every anti-slavery man with a good outfit.

Dr. Robinson had, at the same time, overcome the attempts of James S. Lane to separate the anti-slavery men into parties, by the organization of a Democratic party in Kansas. In a powerful speech at Lawrence, on July 4th, 1855, the Doctor convinced his hearers of the necessity for all anti-slavery men standing together until Kansas should be admitted into the Union as anon-slaveholding Commonwealth. It was in this address that the Doctor repudiated the existing legislature as a Missouri institution, advising resistance to the execution of its acts, and made his noted declaration, that, if slavery in Missouri was impossible with freedom in Kansas, then slavery in Missouri must die in order that freedom in Kansas might live.

These bold utterances startled the North and the South, the people of Kansas and, especially, the people of Missouri. This speech, together with the letter of M. F. Conway to Governor Reeder, resigning his seat in the legislature and repudiating that body "as derogatory to the respectability of popular government and insulting to the virtue and intelligence of the age," set the "Free-state" scheme in motion.

The enactments of the Territorial legislature greatly aided the movement by demonstrating to the people what they had to expect from the dominance of that body. They made the decoying, or aiding therein, of a slave away from his master in the Territory grand larceny, punishable by death. They made the decoying into Kansas of any slave away from his master in any other place, for the purpose of effecting his freedom, grand larceny, punishable by death. And they made the denial of the right to hold slaves in Kansas, either by word of mouth or in writing or printing, a felony, punishable by imprisonment at hard labor for not less than two years.

When the knowledge of this infamous legislation spread throughout the North, it roused that section of the country to new efforts for peopling Kansas with anti-slavery men, who would rescue the Territory from the reign of such laws and such law-makers. The necessary reinforcementswere being assembled in the North when the creation of the "Free-state" government was begun.

A series of conventions, beginning with the convention at Lawrence on August 14th, and culminating with that assembled at Topeka on the 23rd day of October, 1855, consolidated the anti-slavery men in the Territory into the "Free-state" party, constructed a temporary election machinery, and produced, finally, a proposed Commonwealth constitution, which, in addition to the provisions for the structure of a Commonwealth government for Kansas, contained a clause prohibiting slavery in Kansas after July 4th, 1857, and excluding negroes from residence in Kansas after that date.

In the meantime Governor Reeder had been removed by the President from the governorship of the Territory, and the Secretary of the Territory, one Daniel Woodson, a pro-slavery man, had become acting Governor for the time being. Ex-Governor Reeder now went over to the anti-slavery men, and was chosen by them on October 9th, at the same election at which the delegates to the Topeka convention were chosen, as delegate to Congress. Over twenty-seven hundred votes were cast at this election.

On December 15th, the Topeka constitution was submitted to the suffrages of the people. Seventeen hundred and thirty-one votes were cast in favor of its adoption, and forty-six votes against it. The pro-slavery men took no part in the voting. It is probable, however, that a majority of the legal voters in Kansas ratified this constitution. On January 5th, 1856, the elections for the legislative members and officials of the government provided by this constitution were held, and Dr. Robinson was chosen Governor.

It was at this election that the conflict of arms between the "Free-state" government and the Territorial government began. A Territorial military company, called the Kickapoo Rangers, threatened to interfere with the elections at the town of Easton. A captain, R. P. Brown, organized a company of "Free-state" men at Leavenworth, and went to Easton to protect the ballot box. As the evening drew on a fight ensued, in which a Territorial man was killed. The next day the Leavenworth company was attacked, on their return, by the Kickapoo company, and Captain Brown was taken prisoner. Some movements were in progress for trying him, when one of the ruffians put an end to the matter by striking him on the head with a hatchet.

Two local governments of Kansas were now in existence. One, the Territorial, had been recognized as legitimate by the Washington Government. What, then, was the other? Was it a body of insurrectionists? If so, must the general Government suppress it? And, if the general Government must suppress it, must it do so at once, or should it wait until the insurrectionists should undertake to exercise some governmental power? These were knotty problems for the Administration at Washington, but they were problems which had to be solved. From the inaction of the Washington authorities we must conclude that the prevailing view with them was that the new government in Kansas must do something before it could be dealt with.

The "Free-state" legislature met March 4th, 1856. It prepared a memorial to Congress, praying for the entrance of Kansas as a Commonwealth into the Union, under the Topeka constitution. It elected Reeder and Lane United States Senators. It appointed a committee to put thelegislative business into shape for the next session. And it passed a few laws.

None of these acts were treasonable. Treason, by the Constitution, is levying war against the United States or any of the "States," or adhering to those who are doing so, giving them aid and comfort; and levying war has been defined by the Supreme Court to be the actual assembly of armed men for the treasonable purpose. Not even the voluntary submission to the laws passed by the "Free-state" legislature was treason or rebellion. The danger point would be reached when the "Free-state" government should undertake to enforce its laws, or should interpose armed resistance to the enforcement of the laws of the United States, or of the acts of the Territorial government, which government had been recognized as legitimate by the general Government, which was, in fact, but the local agent of the general Government.

Governor Robinson understood the situation. In his message to the legislature he recommended "no course to be taken in opposition to the general Government, or to the Territorial government, while it shall remain with the sanction of Congress."

In the midst of these movements by the "Free-state" men, the pro-slavery men organized themselves more closely for aggressive action. The new Governor appointed by the President, Wilson Shannon, ex-Governor of Ohio, a man of intelligence and high character, arrived at Shawnee Mission on September 3rd, 1855. The pro-slavery men did not like his appointment. They wanted the acting Governor, Woodson, to be made Governor. However, they received the new Governor with much pomp and ceremony, and succeeded in imposing upon him, at the outset, their view of the situation. OnNovember 14th, they held a pro-slavery convention at Leavenworth. They called it an assembly of "the lovers of law and order." The Governor presided over it, and made a rather violent speech, in which he declared that the Territorial government had the support of the Administration at Washington. The practical work of this convention was the organization of the "law and order" party; that is, the party for enforcing the acts and authority of the Territorial government.

Naturally a dispute about a land claim furnished the occasion for trying the powers of the Territorial government. In the course of this quarrel, which took place in the latter part of November, 1855, a pro-slavery man, named Coleman, killed a "Free-state" man, named Dow. The friends of Dow gathered about the spot where his dead body was found, and indulged in threats of vengeance. Among them was one Jacob Branson, who uttered threats against one Buckley, as the instigator of the murder of his friend. Buckley secured a peace warrant against Branson, and put it in the hands of one S. J. Jones, the sheriff, under the Territorial government, of Douglas County. The arrest of Branson under this warrant inaugurated the contest for imposing the authority of the Territorial government upon the "Free-state" men.

Sheriff Jones arrested Branson, and started for Lecompton with him, by way of Lawrence. His purpose in going through the head-quarters of the "Free-state" men was undoubtedly to tempt them to the rescue of Branson. But Branson was rescued several miles away from Lawrence by a company of "Free-state" men, under the lead of a Captain Abbott. This party, however, immediately repaired to Lawrence, while the sheriff went to Franklin, and fromthis place summoned his Missouri friends to his aid, and then reported his trouble to the Governor, and asked for his support.

The Governor immediately ordered the officers of the Territorial militia to collect the forces, and march to Lawrence. Although the sheriff asked for three thousand men, not one hundred residents of the Territory answered the call of the militia officers; but a great horde came from Missouri. By December 5th, 1855, more than a thousand Missourians had arrived, and had encamped upon the Wakarusa, a few miles to the east of Lawrence. General Atchison was with them.

Naturally the people of Lawrence were much excited, and set about preparing for defence. They constructed several small forts, and organized a military force of some six or seven hundred men, pretty well armed and equipped. They stood a very good chance to win in the trial of battle, but they resolved, most wisely, to rely upon the justice of their cause more than upon the power of their arms.

The committee of safety, which was directing matters in Lawrence, sent commissioners to Governor Shannon to enlighten him, from the point of view of the "Free-state" men, in regard to the situation. They made their way to Shawnee Mission, where they were coldly received by the Governor, who charged the "Free-state" men with rebellion against his government. The commissioners disputed his charge, told him that nobody in Lawrence had had anything to do with the rescue of Branson, that his rescuers had been warned out of the town as soon as they came into it, and had obeyed the warning, and gave him the committee's message demanding his protection against the invaders.

The Governor was somewhat staggered by these statements, and decided to go to Lawrence himself, and examine affairs on the spot. This was just what the "Free-state" men wanted. He arrived in Lawrence on December 7th. Dr. Robinson and Colonel Lane immediately stated the situation and the views of the "Free-state" men to him. The Governor saw, at once, that they were in the right, and could not be attacked. He recognized, at once, that his task was to send the Missourians out of the Territory. He entered into a sort of written agreement with the citizens of Lawrence, in which the people of Lawrence pledged themselves not to resist the legal service of any criminal process, but to aid in the execution of the laws, when called on by proper authority, and the Governor declared that he had no authority to call upon non-residents of Kansas to aid him in the execution of the laws, had not done so, and would not do so. The last clause provided that nothing in the agreement should be taken as a recognition of the validity of the acts of the Territorial legislature by the "Free-state" men.

The Governor felt that he would have difficulty in reconciling the Missourians to his agreement, and insisted that Dr. Robinson and Colonel Lane should accompany him to Franklin, and aid him in his task. The calm statements of the Governor and of Dr. Robinson prevailed, and the Missourians saw the error into which they had been betrayed by the inconsiderate pro-slavery zeal of Sheriff Jones. General Atchison told his followers plainly that Dr. Robinson's position was impregnable, and that if they should persist in an attack upon Lawrence, contrary to the Governor's orders, they were only a mob. He added, that such a movement was not only without show of legality, but would ruin the Democraticparty, and cause the election of an Abolitionist President the next year. By these efforts and representations on the part of the Governor, Dr. Robinson, and General Atchison, the Missourians were induced to break camp and turn their faces homeward.

At the moment of this victory of the "Free-state" men, won by moral forces and diplomatic address, appeared the Loki of Kansas "Free-state" history, John Brown. He mounted a box in one of the streets of Lawrence, railed and ranted against the settlement which had been reached, and breathed out words of slaughter and pillage, until some man of common sense pulled him down, and stopped his murderous canting babble.

The Governor reported the affair to the President, expressed to him his forebodings as to the future, and suggested that he be allowed to call upon the United States troops stationed at Fort Leavenworth at his discretion, as a call for the militia would only end in a party struggle. This communication seems to have opened the eyes of the President, for the first time, to the true situation.

The "Free-state" men now addressed the President and demanded his protection against another invasion from Missouri, which they claimed was in preparation. On January 23rd, 1856, the leaders at Lawrence telegraphed the President that the outrage was on the point of consummation, and besought the President to issue his proclamation, at once, forbidding the invasion. At the same time, they informed certain members of Congress and the Governors of certain Northern Commonwealths of the impending danger; and they sent commissioners into the Northern Commonwealths to inform the people of theNorth in regard to the situation in Kansas, and to appeal to them to emigrate thither in sufficient numbers to save the Territory against the pro-slavery movement.

The agitation became now so general throughout the country, that the President felt constrained to interfere. On February 11th, he issued his proclamation, in which he warned all persons concerned that "an attempted insurrection" in the Territory of Kansas or "an aggressive intrusion into the same" would be resisted by the employment of the United States troops in Kansas, as well as the local militia; and called upon all good citizens outside of Kansas to abstain from intermeddling with the local affairs of the Territory, and upon all good citizens in Kansas to render obedience to the laws.

The "Free-state" men did not regard the proclamation as particularly friendly to them. While it forbade invasion, it commanded obedience to the existing Territorial government within. They were afraid that they would not be allowed to organize their "Free-state" government, created by the Topeka constitution. But, as we have seen, the day came and went for this, without any interference on the part of the President or the Governor against the movement, although the President had authorized the Governor to call upon the United States troops at Fort Leavenworth at his discretion. Under these circumstances it was certainly the part of wisdom for the "Free-state" men to do nothing superfluous or sensational in the organization of the new government, and to delay operations under it for the time being. The question of the recognition of the "Free-state" movement was before Congress, under the issue of the contest between Whitfield and Reeder for the seat in the House of Representatives. The policy, therefore,of representing the organization of the new government as tentative, and as conditioned upon the presumption of Congressional recognition, and as holding its powers in abeyance until that recognition should be secured, was wise and necessary.

The discussion of Kansas affairs in the House of Representatives revolved about the question of the admission of Whitfield or Reeder from the middle of February to March 19th, 1856, when it was voted to send a special committee of investigation to the Territory. The gentlemen selected were Mr. Howard, of Michigan, Mr. Sherman, of Ohio, and Mr. Oliver, of Missouri. They proceeded to the Territory and opened their investigations about the middle of April.

A week before this, the memorial from the "Free-state" legislature praying for the admission of Kansas, as a Commonwealth, under the Topeka constitution, was presented in both Houses of Congress, and placed upon the calendar in each. The slavery question was herewith again before Congress in both principle and detail. The measure which was intended to put its discussion out of the halls of Congress had thus, in less than two years, proved itself an utter fiasco.

In the Territory the pro-slavery men pursued their policy of bringing the "Free-state" men into conflict with the general Government. The "Free-state" men sought just as diligently to avoid it. Both sides recognized this as the crucial test. By the middle of April, some of the men who participated in the rescue of Branson had made their way back to Lawrence, and Sheriff Jones laid his plans for arresting them. On April 19th, he rode into Lawrence and served a writ upon S. N. Wood, but the crowd jostled them apart, and Wood escaped. TheSheriff returned on the next day with more writs, and undertook to arrest S. F. Tappan. Tappan resisted and struck the Sheriff. Jones went at once to the Governor, and the Governor gave him a detachment of United States soldiers. With these he returned to Lawrence, but they could find no one for whom the Sheriff had a writ. The party pitched tent at Lawrence to spend the night. After darkness came on, some wretch, then unknown to the "Free-state" leaders, approached the tent and shot the Sheriff, wounding him dangerously. This was an almost irreparable blow to the "Free-state" cause. The very thing which the "Free-state" leaders had sought most earnestly to avoid had been thrust upon them by the criminal deed of some meddlesome crank. The "Free-state" men recognized at once the seriousness of the situation, and, on the morning following the event, held a meeting, at which the outrage was repudiated and denounced, and a reward of five hundred dollars offered for the apprehension of the criminal. Colonel Sumner, the commander of the United States troops in Kansas, wrote to Dr. Robinson, urging him to use every effort to move the citizens of Lawrence to bring the assassin to justice, as his act would be charged by the pro-slavery men upon the whole community. The Doctor replied at once that the community repudiated the foul deed, and would certainly bring the guilty party to justice if he could be found. There was no municipal government in Lawrence at the time, and Dr. Robinson acted, in his reply to Colonel Sumner, as a sort of self-constituted representative of the citizens. He certainly represented the views of the large majority of them, but there were some who, at the time, knew who the guilty person was, and gave no sign which would aid in his discovery.


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