CHAPTER XXIV.

VARIOUS EVENTS OF THE WINTER.

The termination of the Wakarusa war was by no means satisfactory to the Achilles of the Border. It only served to scatter the clouds of the tempest that they might regather and break with greater violence. The Border Ruffian chiefs immediately plotted for the utter overthrow and destruction of free state men. But let us notice events as near as we can in chronological order.

The election on the adoption of the Topeka Constitution was held on the 15th of December. Amid the excitement which had recently prevailed in the Territory, the settlers had partly lost sight of the free state movement. The public speakers failed to meet their appointments, consequently the subject was not agitated and discussed before the people to a great extent. Copies of the Constitution had been freely circulated, and notices of the election posted up, but in a few places even this was not done. The election in all Border towns was not allowed to be held. These facts were supposed to account for the vote being no larger. At Atchison no election was attempted.

The result of the election was as follows: In favor of the Constitution, 1,731; against it, 46; for the general banking law, 1,120: opposed to it, 564; for the exclusion of negroes and mulattoes, 1,287; against exclusion, 453; total number of votes cast, 1,778.

By the order of General Eastin, the militia of his command was required to meet for muster at Leavenworth on the day of the election, and receive their discharge, which entitled them to pay from the United States for their military services. Early in the morning these ruffians, whom the General termed "Kansas Militia," began crossing the Missouri River from Platte County. About noon this motley crew, several hundred in number, led by Colonel Payne, a member of the bogus Legislature, and Judge of Leavenworth County, so appointed by that body, and another man by the name of Dunn, a grocery keeper, and consequently a man of great influence among the Border Ruffians, attacked the house where the polls were held. Two of the men in the house escaped without injury, but the third, by the name of Wetherill, throwing the ballot-box under the counter, rushed into the street. He had scarcely reached it, before he was knocked down by clubs, seriously beaten and trampled in the mud by the crowd. He would probably have been killed had not a pro-slavery man, and two free state men by the names of Anthony and Brown, interposed and rescued him. The ruffians, having obtained possession of the ballot-boxes, paraded them through the streets, yelling and shrieking like barbarians.

The office of the "Territorial Register" was loudly threatened, but no attack was made upon it. On the afternoon these rag-a-muffins were mustered, addressed and complimented by General Eastin for their faithful and patriotic services.

On the following Saturday night a mob, calling themselves Platte County Regulators, destroyed the printing press of the "Territorial Register," by throwing it and the type into the river. They were organized at Kickapoo, and marched down under command of Captain Dunn, G. W. Perkins, Dr. Royal and James Tyler. Mr. Delahay, the editor, who was absent at the time, was the most conservative among the free state men. A personal friend of

Stephen A. Douglas, an enthusiastic admirer of squatter sovereignty, notwithstanding the border ruflian invasions, a national Democrat, he had always advised obedience to the laws of the Territorial Legislature. But he had identified himself with the Free State party in their lawful and constitutional measures to make Kansas a free State. He had refused assistance to Lawrence, when calling loudly for help, and repeatedly declared in the Free State meetings, "I had as lief buy a negro as a mule." The hight of his offense was that he favored a free State.

Mr. Delahay has been a true friend to Kansas, taking an active part in public affairs. He has many friends, and could wield a wonderful influence, were he a little more temperate in his habits. He has for some time occupied the position of United States District Judge in this State, and still makes his home at Leavenworth.

As quick as the result of the election was announced, an election was called for State officers. A convention met at Lawrence on the 22d day of December for the purpose of nominating candidates. There was but little harmony and unanimity between its members. The feelings of the minority were that if conservative men were elected, the conservative administration and Congress of the United States would be more ready to recognize them and favor the free state movement. They accordingly bolted from the regular nominations of the convention and formed a "Free State Anti-Abolition Ticket." This movement did not meet with general favor, even among the conservative elements. In the nomination of the convention both Radicals and Conservatives were about equally represented.

By the election which took place on the 15th of January, 1856, the regular nominees were duly elected with large majorities. The following are the first State officers regularly chosen by the people of Kansas: Dr. C. Robinson, Governor; W. Y. Roberts, Lieutenant Governor; P. C. Schuyler, Secretary of State; G. A. Cutler, Auditor; J. A. Wake

field, Treasurer; II. Miles Moore, Attorney-General; M. Hunt, S. N. Latta and M. F. Conway, Supreme Judges; S. B. McKenzie, Reporter, and S. B. Floyd, Clerk of the Supreme Court; John Speer, State Printer; M.W. Delahay, Representative in Congress.

The free state Mayor of Leavenworth, intimidated by the demonstrations at the December election, and from the hopeless prospect of being able to perform his duty in the future, resigned. The pro-slavery Mayor elected to fill his place, at the solicitation of the business men of the city, who feared a riot, issued a proclamation forbidding an election to be held in that town on the 15th of January. The election, however, was held in an informal way, by carrying the ballotbox around and getting individual votes. In this way about two hundred votes were polled, and returned to the Executive Committee, a majority of whom, after some contention, agreed to issue certificates to members thus elected. When, however, these members presented themselves at the Legislature the following March, claiming seats, they were, after considerable discussion, refused admission by that body.

At Eastin, about twelve miles north-west of Leavenworth, and in the same county, the election was deferred two days after the time fixed by the Executive Committee, on account of the threats of the Kickapoo Rangers and pro-slavery men in the neighborhood, that the polls should be seized and the election broken up, as had been done previously at Leavenworth. The election was held at the house of Mr. Minard, about a half mile from the village. In the morning a company of eight persons went out from Leavenworth in a wagon where the election was held, among whom was Captain E. P. Brown. Men generally went armed to the polls, in consequence of the violent threats that had been made. About seventy-two voted, and every thing passed off quietly during the day.

About 6 o'clock in the evening a company of thirty horsemen made an advance upon the house where the polls were

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,