CHAPTER XVII.

FREE STATE MOVEMENTS.

Never in the history of the world, even in those days when might made right, were there such bare-faced and audacious acts of civil oppression inflicted upon a community as those we have just recited. By the enactments of a Legislature elected by invaders, the condition of the people of this Territory was far worse than that of our revolutionary fathers. This Legislature had every thing in its power, and had provided for its own perpetuity in the qualifications of its electors. It appointed the State and county officers, levied taxes and gagged the mouths of freemen and a free press, that a word might not be said against "the sum of all villainies.'

They had earnestly besought the General Government for protection. They had humbly entreated the President of the United States to issue a proclamation denouncing the conduct of the invaders, and calling upon all good citizens of Missouri and other States to discountenance and disown their acts; to urge upon the United States officers in the Territory-sixteen in number-to disfavor and oppose such proceedings. The effect of such a proclamation from the Chief Executive would have been wonderful. But how did he answer their entreaties? He proceeded to remove the only friend they had among the Federal appointees, and for the simple reason that he was their friend, inasmuch as he sought to protect their rights as freemen.

While these unparalleled outrages were being committed upon the people of Kansas, they proved themselves equal to the trials and responsibilities of the hour. While the clouds of oppression hovered over them the fires of liberty were kindled. The spirit of '76 descended and imbued them with prudence and courage. While Justice had gone to sleep in the gathering darkness, Resistance to Tyranny was abroad in the land.

Despairing of any interposition of the general Government to drive back their oppressors, and protect them in the enjoyment of their rights, they began to cast about to see what course was best to pursue. As early as the 8th of June a meeting of the citizens was held at Lawrence, agreeable to the call of "sundry citizens" "to take into consideration matters of general interest pertaining to the Territory." This convention issued a call, inviting the representative districts in the Territory to send five delegates each to a convention, to be held in the same place, on the 25th of June, "to take into consideration the relation of the people of this Territory to the Legislature about to convene at Pawnee." This convention assembled at the time and place designated, and organized by electing Judge J. A. Wakefield chairman. They resolved to discard all minor differences, and make freedom in Kansas the only issue; that they have a right to regulate their own domestic affairs, and, by the help of God, will do it; that they are not bound to observe any law passed by the Legislature about to assemble; that to the threats of war made by the neighboring State of Missouri, they respond, "WE ARE READY."; "that a free state Central Committee be appointed, and that each election district be entitled to one member, and each election district having two councilmen shall be entitled to two members."

On the 27th of June, the "National Democracy" assembled at Lawrence, of which Colonel James H. Lane was made chaiaman. This convention seems to have been composed of life-long Democrats, who had not yet fully broken

loose from the entanglements of party. They resolved that "the best interests of Kansas require an early organization of the Democratic party upon truly national ground;" that they fully endorse the Democratic platform of 1852; that they kindly request citizens of adjoining States to let them alone; that they can not permit the "purity of the ballot box to be polluted by outsiders, or illegal voting from any quarter." The Committee on Resolutions was E. Chapman, C. W. Babcock, Dr. James Garvin, J. S. Emery and Hugh Cameron.

A meeting of the expelled free state members of the Legislature, and other citizens, was held at Lawrence on the 11th of July, of which Judge John A. Wakefield was chairman. Addresses were made by Messrs. G. W. Smith, John Hutchingston, John O. P. Wood, Rev. M. Nute, Dr. C. Robinson C. Stearns and Wm. Jessie. Most of the speakers favored recommending to the people to call a constitutional convention, frame a constitution and apply at the next Congress for admission into the Union. Dr. Wood opposed this, but urged an organization to be made to defend the ballot box. This convention called a mass meeting of the free state citizens of the Territory of Kansas, at Lawrence, on the second Tuesday in August, "to take into consideration the situation of the Territory in reference to its government."

The first general mass convention assembled at Lawrence on the 14th of August, and continued in session two days. Hon. Philip C. Schuyler was made president, with several vice-presidents. Dr. Robinson, chairman of the committee on resolutions, reported a series of resolves, which called forth a lengthy and animated discussion. By these resolutions the convention denounced the Legislature then in session at Shawnee Mission, as having its origin in fraud and "derogatory to the integrity and respectability of the Federal authority;" that they repudiate its authority and pledge themselves to resist its enactments; that they favor a convention to form a State Constitution preparatory to admission into the Union.

There were some in the convention with whom it was hard to let go from the coat tail of the Federal administration. They opposed anything that reflected unfavorably upon it. Though they denounced the Missouri outrages at the March election, they were adverse to coming in conflict with the Government thus inaugurated. Foremost among these was Colonel James II. Lane, who declared "Frank Pierce would give his right arm to-day to insure freedom in this Territory." "That he would prefer to see Kansas a free State in preference to seeing it a slave State."

Others favored more radical measures than these, such as recommending military organizations for self-protection and open resistance to the laws of the Shawnee Legislature. This convention was the first meeting of the conflicting elements of old parties, such as Whig, Democratic and Abolition, seeking to harmonize upon some plan of action to rid themselves of the oppression thrust upon them by Missouri, and for making Kansas a free State. It is not to be wondered at, then, that there was a difference of views and policies in such a heterogeneous body. It seemed during the first day that the convention would result only in driving free state men farther from each other and the interest of freedom lost in the weakness and folly of dissension.

The intervening night between the two days that the convention was in session, acted as a wonderful sedative upon its members. The little group of freemen-all patriots, all opposed to oppression and in favor of making Kansas a free State, but honestly differing in regard to the best means to employ in effecting their object-were brought together by a free, frank and conversational interchange of opinions. Heart spoke to heart, and eye to eye, until one common feeling pervaded every breast. The radicals receded some and the conservatives advanced, until all met in harmonious unanimity.

The following day the convention proceeded with its deliberations in the most pacific manner. The resolutions,

after undergoing some amendments, the most ultra expressions having been stricken out, were unanimously adopted. It was resolved, also, to solicit the Territorial Central Committee, which had previously taken action upon the subject, to call a "Free State Convention of five delegates to each Representative from the several Representative Districts, to be elected on the 25th day of August, to meet in convention at Big Springs on the 5th day of September next, for the purpose of taking such action as the exigency of the times may demand."

In the meantime agreeable to a call published about a week* previous, signed "Many Citizens," " to take into consideration the propriety of calling a Territorial Convention preliminary to the formation of a State Government and other subjects of interest," a convention of the citizens of Kansas Territory, irrespective of party, met on the afternoon of the 15th of August. Dr. A. Hunting was elected president. Mr. G. W. Smith, chairman of the committee on business, reported a resolution calling a convention of three delegates for each Representative from the several Representative Districts in Kansas, to meet at Topeka on the 19th of September," then and there to consider and determine upon all subjects of public interest, and particularly upon that having reference to the speedy formation of a State Constitution with an intention of an immediate application to be admitted as a State into the Union of the United States of America." This was really the starting point in fixing the capital at Topeka. It was brought about through the influence of Mr. C. K. Holliday in the committee of business, Mr. G. W. Smith voting with him and Dr. C. Robinson in favor of Lawrence.

A Ratification Convention was held that evening, at which the president, Mr. C. K. Holliday, declared, “There

Some say that this call was made on the day previous, and the circumstances would seem to indicate that such was the case.