towns and cities laid out, and owned by the members and agents of the "Massachusetts Emigrant Aid Society," and they drive out of the Territory and rob none but pro-slavery men and national Democrats. These facts clearly show a systematic programme, made up by and emanating from headquarters. Before this fall Montgomery and Brown were the only head bandits; now we have Osawatomie Brown and the man styled Rev. M. Brockman. Instead of two, making four companies of murderers, robbers numbering about 200, oath bound to bloody purpose. This fall in accordance with Mr. Seward's Rochester speech, the institution of slavery has been boldly attacked in the States where it exists, by invading Missouri, murdering one of its citizens, carrying off some twelve slaves, robbing some five or six families and driving them from their homes with notice not to return on pain of death. This is the small domestic army familiarly talked of by Judge Conway, Mr. Wighman and their Massachusetts friends, in their correspondence of last fall, when they sent for more money, &c. The men composing these companies are nearly all young men, evidently sent to Kansas to do the work in which they are engaged. They are well armed with Sharp's rifles, and two revolvers each. They do not pretend to work or have homes. In a word they are in a position of a standing or ready army, so that they boldly condemn the civil law. We have tried to execute writs, but so many are the sympathizers of these men, while others are held in fear, that, although about 100 writs have been issued on informations and indictments, not one can be executed. What, then, remains for the people of this region? It is for you to say, sir. I am clearly of the opinion that nothing but martial law carried out by the strong force of the United States can save this part of Kansas from utter prostration and ruin."

The difficulties in southern Kansas early engaged the attention of the Legislature, at whose request the Governor presented a pro-slavery version of them. To remedy the evils in that part of the country, the jurisdiction of Douglas county was first extended over the infected district, and the prisoners ordered to be brought to Lawrence for trial, away from the scene of strife. Montgomery went to Law

rence and gave himself up for trial, while the Marshal was sent to arrest his men and bring witnesses. But it soon became apparent that this measure would avail little in restoring peace and tranquility, and a general amnesty act was soon passed by the Legislature, to the following effect:

"SECTION 1. That no criminal offenses heretofore committed in the counties of Lykin, Linn, Bourbon, McGee, Allen and Anderson, growing out of any political difference of opinion, shall be subject to any prosecution on complaint or indictment in any court whatsoever in this Territory.

"SECTION 2. That all actions now commenced growing out of political differences of opinion shall be dismissed."

This act taking effect immediately after its passage, pardoned and liberated the prisoners then in custody. Considerable excitement prevailed on the following day, by the advent of Captain John A. Hamilton, in charge of sixteen free state prisoners. He was supported by an armed guard. He had not heard of the amnesty act, and was returning prisoners according to the directions of the Court. As they entered town, the cry was raised that this was Captain Hamilton, who committed the murders at Choetau's Trading Post, whereupon a crowd collected and assaulted the new comers. The guard was disarmed, the prisoners rescued and taken to the blacksmith shop, where their chains were cut off and they set at liberty. A general cry was made for Hamilton, and the whole town was, for a short time, filled with commotion. Several shots were fired, but fortunately no one was hurt. Quiet was however soon restored, by its being explained that this was not the murderer Hamilton, but a stanch free state man of the same name. The arms taken from the guard were never restored.

In presenting the troubles of south-eastern Kansas, I have traced the operations and movements of Captain Jas. Montgomery, as the best method to give a clear and con

secutive view of events. It should be remembered that others operated in that section of the country, such as Captains Jennison and Bayne, who are frequently leaders of bands against the Ruffians. Many others performed individual exploits, met with frightful rencounters-in short, everybody, every settler, was a soldier, and waged war on his own hook. It would, therefore, be impossible, in a book of this size, to narrate all the personal incidents of importance and interest connected with this subject. Captain Montgomery was the Chief of Jayhawkers, and did more than all others in this mode of warfare, and whose movements are really historical.

CHAPTER XLIX.

VARIOUS ITEMS.

The first Legislature at its second session in 1857, passed an act providing for the auditing of claims, "for moneys actually expended for the purpose of maintaining, and carrying into effect, the laws of the Territory, or for the purpose of suppressing any rebellion or insurrection, whether sustaining the militia, or any other posse of the Marshal, or Sheriff of any county of the Territory;" for "the loss of property, or consequent expenses at and time since the passage of the act organizing the Territory," growing out of political difficulties.

"The act provided for the taking of testimony in support of such claims, collections, and certificates of vouchers, and making a true and correct statement in duplicate of such accounts, and to be laid before the next Congress of the United States, and the other before the next Legislative assembly of Kansas Territory, to the end that proper and united effort might be made to obtain from Congress compensation and indemnity for the losses, expenses and damages incurred by the citizens of the Territory, without distinction of party.'

Hon. Wilson Shannon was first appointed to audit these claims, but declining to serve, Hon. II. J. Strickler was chosen to fill his place. Having given proper notice to

claimants, he held sessions to hear and receive testimony, and audited claims in various localities in the Territory during the month of September, October and November. "Accordingly, three hundred and fifty claims were presented under oath, with corroborating testimony of two or more witnesses." The amount claimed by this report was $301,225, and $254,279 28 were allowed, Thirty-eight thousand nine hundred and forty-two dollars and ninety cents of this were of the public class, and the remainder of a private character.

This report was submitted to the Legislature in 1859, and ordered to be printed. The report, though impartially made, was imperfect, from causes over which the commissioner had no control. Many had no faith in the plan of indemnification; others were politically hostile to the commissioner, and would not appear before him; no provisions were made to compel the attendance of witnesses and consequently the proof rested on interested testimony. The Legislature, therefore, determined to provide for ascertaining more fully and correctly the losses sustained by the settlers during the troubles in the Territory.

An act was accordingly passed providing for the appointment of three commissioners, one by the Governor, one by the Council, and the third by the House of Representatives of the Territorial Legislature, whose duty should be "to audit and certify all claims for the loss of property taken or destroyed, and damages resulting therefrom, during the disorders which prevailed in this Territory from November 1, 1855, to December 1, 1856." They should fix the times and places of holding their sessions, prescribe such rules and regulations concerning the taking of testimony as they should deem proper, were empowered to appoint clerks and enforce the attendance of witnesses. They were required to take an oath to support the Constitution of the United States, the organic act, and to faithfully discharge their duties. They were required to examine the evidence taken