kept. A party of free state men rushed out and confronted them, with arms in their hands. The leader of the assaulting party ordered a charge several times, but his men refused to obey. In a few moments they wheeled and retreated to the village. Shortly after this, messages were sent to Minard, by the Ruffians, that they wished the ballot-box given up, and unless it was, they would come and take it. No disturbance, however, occurred for some time, though persons of both parties passed to and fro from the village and the house of Mr. Minard.

About 2 o'clock that night a report reached the free state men that one of their number, Stephen Sparks, on his way home, had been taken prisoner by the Ruffians at Eastin, and was still held as such by them. Captain Brown, with fifteen men, immediately set out to rescue him. They passed down to the village, and found Sparks and his son in the fence corner, surrounded by a mob, like a wolf at bay by a gang of hounds. They demanded the delivery of Sparks, and as quick as the mob perceived the strength of the free state men, they let the prisoner go with threats that he would be speedily recaptured.

The two parties had not separated far before the proslavery men began hallooing and the firing of guns. The free state men returned it. The firing was kept up for about ten minutes, when the latter returned to Mr. Minard's. One pro-slavery man was killed, and two free state men slightly wounded, in the affray.

In the morning, about eight or nine o'clock, the Leavenworth party set out for home. Having proceeded about six miles, they were met by two wagons-one with four horses-both filled with armed men. They hurried down the hill, passed the free state men, stopped and called upon them to halt. Scarcely had the Leavenworth party time to check their horses before they beheld another party approaching from the top of the hill-two wagons and thirty horsemen. They were armed with hatchets, bowie knives,

guns and revolvers. They rejoiced at seeing Brown in their power. The free state men, on being assured that they would be treated kindly as prisoners, gave up their arms, seeing they could do nothing against such odds. The ruffians seemed mad with excitement and whisky. Mr. Taylor came near losing his life from a violent stroke of a hatchet.

The prisoners were then conveyed back to Eastin. The mob grounded their action upon a report that a pro-slavery man had been killed at Eastin the night previous, and they wished all to go back to investigate it, and have the murderer brought to punishment. They were the Kickapoo Rangers, led by J. W. Martin. They had been sent for soon after the disburbance the evening previous.

On their arrival at Eastin they were placed in a small room of Dawson's store house, and closely guarded. In a short time two or three more prisoners were brought in from the surrounding country. In a half hour Captain Brown was called out and taken into Dr. Motter's office, to undergo his trial. Not more than a half hour elapsed before Captain Martin returned to the prisoners and informed them that it would be impossible to save Brown, and perhaps them too, unless they could effect their escape. The guard agreed to let them go, and conducted them a short distance. They all effected their escape.

But alas, sad was the fate of poor Brown. He was kept locked up in a room during his trial to prevent the mob from interfering. On being told by Captain Martin that they had concluded to take Brown to Leavenworth to await his trial according to the laws, the mob cried out, "no, he'll escape like McCrea," and that they intended to punish Brown themselves. The Captain did all he could to prevent the rashness of the mob, but finding himself unable to control them, left. They broke open the door and rushed in upon Brown with hatchets and knives. He offered to fight any one of them, but they gave him no chance for his life. He was

taken out of doors, dragged, chased and pulled around, stabbed and chopped until literally hacked from head to foot. He was finally thrown into a wagon and jolted ten miles over frozen ground to his home, and handed over to his terror-stricken wife. To the inquiries about his fate, he replied, "I have been murdered by a gang of cowards in cold blood, without any cause," then laid his head back and breathed his last.

Mr. Brown was a prominent member of the Free State party; had taken part in the defense of Lawrence, and was a member elect of the Legislature. He left a young and accomplished wife and one child. The first Legislature, convened on the 4th of March, passed the following:

"WHEREAS, R. P. Brown, Esq., a member of this House, was inhumanly murdered at Eastin, on the 18th of January last, by a body of armed men from Missouri and the city of Kickapoo; and, whereas, justice to ourselves as well as respect to the memory of the deceased, requires a tribute at our hands; therefore,

"Resolved, That in the cold blooded murder of R. P. Brown, by the hand of a mob of mercenaries and desperadoes, from a neighboring State, we have sustained an irreparable loss, the State has been deprived of the services of a man of intelligence, integrity, honor, patriotism and true courage, and his family of a kind husband and father.

"Resolved, That we extend to the bereaved widow our heartfelt condolence on account of the afflicting calamity, and assure her that the whole country joins with her in her grief.

"Resolved, That while we condole with her in her afflictions, we feel that Providence will overrule for good. Mr. Brown has joined the host of Martyrs, whose blood has watered the tree of liberty. His name, with Dow and Barber, will survive and adorn the brightest page in the future history of Kansas, while those who were the instruments of this outrage, like the perpetrators of other foul crimes, will be remembered as a monster in the catalogue of human depravity.

"Resolved, That we recommend to the lovers of freedom and justice to erect a monument to the memory of the de

ceased, with suitable inscriptions, and that the State make liberal contributions in aid of such an enterprise.

66

Resolved, That we wear the badge of mourning for thirty days in commendation of the heroic conduct of our deceased friend and co-laborer in the cause of freedom.

"Resolved, That copies of these resolutions be furnished the several papers in Kansas, and that they be requested to copy the same, and that copies be forwarded to the widow of the deceased."

The pro-slavery men not satisfied with the death of Brown, determined to drive out the Free State men from Eastin. They accordingly notified them to leave, by leaving notices at their houses, signed by some fifteen or twenty persons. The Free State men fortified, and gathered their forces to protect themselves, and sent for aid to Topeka and Lawrence. A company from these two places went up to their rescue, but the Missourians hearing of their advent, hurried back to their native State.

This winter was one of unusual frigidity. Storms, hail, snow and ice rendered it exceedingly disagreeable. The settlers were much exposed to the cold and sleety blasts, having in many instances only open shakes for houses. But it was not the natural elements that caused the most suffering and privation. Settlers were frequently compelled to leave their families upon the lone prairies, to flee either to the rescue of their friends or to make their own escape from the threatened violence. I shall have occasion to speak in the following chapter of the dangers which filled the land, of the gathering hosts of invaders, not from Missouri only, but from the whole South.

CHAPTER XXV.

EXTERMINATION.

The President, in his special message to Congress on the 24th of January, took the position that the enactments of the Territorial Legislature were valid and binding, and, hence, must be enforced. He denounced the free state. movement as a party one, and not that of the people. Speaking of it he said:

"No principle of public law, no practice or precedent under the Constitution of the United States, no rule of reason, right or common sense, confers any such power as that now claimed by a mere party in the Territory. In fact, what has been done is of a revolutionary character. It is avowedly so in motive and in aim as respects the local law of the Territory. It will become treasonable insurrection if it reach the length of organized resistance by force to the fundamental, or any other, law, and to the authority of the general Government."

Again he said:

"Entertaining these views, it will be my imperative duty to support public order in the Territory; to vindicate its laws, whether federal or local, against all attempts of organized resistance; and to protect its people in the establishment of their own institutions, undisturbed by encroachments from without, and in the full enjoyment of the rights of self-government assured to them by the Constitution and the organic act of Congress."