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. IIe 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 shorttime, 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, IIon. H. 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

by the former commissioner, and adopt or reject it, as they should deem just and right. The provisions of this act applied only to those who were settlers at the time the losses occurred.

"Upon the completion of the testimony and the recording of the award in each case, the commissioners shall, upon the demand of the claimant, deliver to him a certificate of such decision or award. And on or before the first day of September, 1854, said commissioners shall close their proceedings under this act, and make up and file in duplicate in the office of the Secretary and in the office of the Auditor of the Territory, a statement of all claims presented, and the amount, if any allowed thereon; and they shall also file in the office of the Secretary of the Territory, all testimony, vouchers, papers and documents pertaining to their investigations."

It was made the duty of the Constitutional Convention afterwards to assemble to make suitable provisions for the payment of these claims, by the Federal Government, by incorporating in the ordinance to be submitted with the Constitution, a provision to that effect. By a supplementary act an attorney was to be appointed by the Legislature to attend the commissioner to assist in the investigation.

Accordingly the Council elected II. J. Adams; the House, S. A. Kingman, and Edward Hoagland was appointed by the Governor, as the three commissioners. On the recommendation of Governor Medary, William McKay was elected attorney by the joint votes of the Legislature.

This committee faithfully and fully discharged their duties. They examined witnesses, received testimony and passed judgment upon four hundred and eighty-seven claims. Only one hundred and ninety-six of those audited by Mr. Strickler were presented to this Board. The mass of testimony, fully revealing the private designs and workings of individuals, and the fearful character and extent of the troubles in Kansas, through two of the most boisterous