it was difficult for young and inexperienced legislators to determine how to proceed. They broke the ice, however, and opened the way for their successors. They set out with the design of enacting a new code of laws, but failed to complete the work laid out, for want of time.

CHAPTER XLV.

TROUBLES IN SOUTH-EASTERN KANSAS.

About the time General Denver was appointed Secretary, difficulties of an alarming character in Lynn and Bourbon counties began to attract attention. The origin of these disturbances is coeval with the settlement of that country. As in other portions of the Territory, the two antagonistical elements-slave-state and free-state-met together there to decide the question of supremacy. The Missourians, whose autocrats had declared, "Kansas is ours and we will have it; peaceably if we can, forceibly if we must,” taking advantage of their proximity to the Territory, first passed over and took possession of the best claims the country afforded. Emigrants from the free States subsequently came in, either entered upon entirely new claims, or purchased those which had been previously occupied.

As Captain James Montgomery is the principal actor in the Territorial history of South-eastern Kansas, it is proper that a short account of his life and character should be given, He was born, December 22d, 1814, in Astabula county, Ohio, of highly respectable parentage, and is cousin. of General Richard Montgomery, who fell at the storming of Quebec. Having received an excellent academical education, he emigrated to Kentucky in 1837, where he engaged in school teaching. Here he married his first wife, who, subsequently dying, he again, after the lapse of a considerable time, entered the matrimonial alliance. In 1852 he

removed to Pike county, Missouri, where he remained one year and then came to Jackson county, preparatory to entering Kansas as soon as it should be open to settlement. Here he made the acquaintance of Dr. Thornton, a prominent citizen of that county, who, on learning his design, advised him not to go to Kansas, as he would certainly meet with trouble there; that the Missourians were determined that no free state man should be allowed to settle in the Territory; but, on the other hand, he urged him to go to Bates county, Missouri, where he could find better unoccupied land, which he could securely hold without molestation. Agreeable with this friendly admonition, he went to Bates county the latter part of July, 1854, where he spent a week in looking at the country. Not satisfied with what he saw there, and his high sense of honor stung by reflecting upon the reasons which had turned him from his plan of entering Kansas, he rose suddenly one morning from the breakfast table and, without a moments hesitation, made a straight march for the Territory, "From that moment henceforth," is his own expressive language, "I was a man."

The first place he halted was in the vicinity of Mound City, where he found many of the Missourians, dissatisfied with the country and growing weary in watching to keep out abolitionists, preparing to return to their native State, He purchased a claim from a family of this class, on “Little Sugar," for $11.00-all the money he had with him, except a few cents. He moved his family upon his new possessions that fall but remained himself in Missouri, engaged in building a barn for Dr. Thornton. In this way he made $300, which he invested in cows and calves, and with them, in the spring, returned to Kansas, where he has continned to reside ever since.

Colonel Montgomery is a humane man, nothing fierce or savage in his character; a devout christian, and believes in the practical supremacy of the Higher Law. Although a

resident of a slave State for a number of years, he has always been bitterly opposed to slavery extension, but never sought to interfere with it in slave States. He is about six feet high, slim and nimble as a deer, with intelligent features, high forehead, large nose and a most piercing and penetrating eye; a tenacious memory, sound logic, talks fluently with an agreeable voice, and in the best selected and arranged words. His courage is unquestioned; he is fearless yet wary; valorous in battle, yet generous in victory. When the war for the Union broke out he became Colonel of the 3d Kansas Regiment, and acting commander of a brigade. He was afterwards Colonel of the 2d South Carolina Negro Regiment, and distinguished himself in the army of the East. When the war was over he returned to his family on his beautiful farm near Mound City.

Thus far Montgomery had attracted little or no attention. from the pro-slavery men, who knowing that he came from Missouri, supposed him all "sound on the goose." But it was not long before the opportunity presented itself for them to discover the sentiments and character of the man. Soon after his return from Missouri, in April, he happened to go down to Mound City, only five miles distant, and was surprised to find a convention in session for the purpose of nominating candidates for the Legislature. The question of making Kansas a slave or free State had never been raised by the settlers who had not yet been in an election, and had been intent upon the construction of their homes. It was the policy of the political'aspirants of that day not to allow this "distracting issue" to arise, but to keep it out of the canvass, and thus secure votes from both parties. Such was the design of Colonel J. P. Fox, the prime mover in this convention. This gentleman had wiliy evaded the issue by telling the people that the time had not yet come to raise that question, and would not until a convention should be called to frame a State Constitution; that all the

Legislature had to do was to make wholesome laws for the Territory. But when in private conversation with pro-slavery men he was strongly in favor of making Kansas a slave State; on the other hand when endeavoring to secure the ballot of some free state man he was the representative of his principle.

In the organization of the Convention, Mr. Montgomery was elected secretary, and that body soon entered upon its work according to a prescribed programme. Names were submitted to the convention as candidates for nomination, and an immediate balloting urged. Mr. Montgomery readily comprehended their designs, and determined to disconcert their movements. He arose, and with that cool discretion which characterized him in council as well as in battle, called their attention to the fact that the Missourians had vowed that this should be a slave State, and that they were making extensive preparations to accomplish their purpose; that as the Organic Act guarantees them, as settlers, the right to determine the character of their own institutions, he was in favor of making Kansas a free State, on the principle of self-interest, as slavery was injurious to poor white men. IIe thought that the Legislature would have a wonderful controlling influence over the domestic affairs of the Territory, and that, therefore, in selecting candidates to represent them, they should know their views upon the vital issue of the day. His remarks, delivered in an earnest and persuasive manner, were the hearty response of most all settlers convened-one after another of whom arose and fully endorsed his sentiments.

Finally, Col. Cox, seeing that he could not get the nomination without committing himself, came out openly in favor of making Kansas a free State, and publicly pledged himself to labor for that end. Mr. Montgomery thereupon stated that, as few of the settlers were aware of the Convention, and few were present, he thought it better for them to adjourn to some future day; in the meantime the re