election Governor Reeder received two thousand eight hundred and sixteen free-state votes, the pro-slavery party taking no part in the election. This party had already held an election on the first of the month, when Whitfield received over three thousand votes, more than eight hundred of them, as before, polled by invaders from the neighboring state. free-state people kept away from the polls on that occasion.

The

Both Whitfield and Reeder presented themselves in Washington, and claimed their seats as delegates. After a careful. investigation of the circumstances, both were rejected, though each received his mileage.

At the same time the free-state election for delegate to Congress was held, delegates to form a constitutional convention were also elected. This convention assembled at Topeka, on the 23d of October, 1855, at which a state constitution was adopted, the important feature of which is, that "slavery shall not exist in the state."

This Constitution was submitted to the people for ratification, on the 15th December, 1855, when it received a respectable popular vote. At some of the election districts, disturbances were created, and at Leavenworth, the poll-books were seized and destroyed. But as a general thing, the election was permitted to go off even more quietly than could, under the agitated condition of the territory, have been reasonably expected.

Just one week after this December election, a caucus meeting was held in Lawrence to nominate a free-state ticket for state officers under the Topeka Constitution. At this meeting, Dr. Charles Robinson, received the nomination for governor, who with the other candidates then nominated, was subsequently elected.

The newly elected State Legislature, assembled at Topeka on the 1st of March, 1856, and proceeded to organize a state government. Dr. Robinson took the oath of office and delivered his inaugural address. A committee was appointed to frame a code of laws for the future state, during the adjournment of the Legislature. Andrew H. Reeder and James H. Lane were elected United States Senators, to take their seats when the new state should be admitted into the Union. After the transaction of this, and other important business, the Legislature adjourned until the following 4th of July.

Sheriff Samuel J. Jones, whose name must necessarily figure somewhat in these pages, as a prominent agitator in all

TOPEKA LEGISLATURE DISPERSED.

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the Missouri-Kansas troubles, was present at the above meeting, busily employed in taking notes, and especially registering the names of the most prominent participants. Through his instrumentality, Robinson and others who were active in the movement, were subsequently arrested and held in confinement a period of four months, on the charge of high-treason. These men frequently demanded a trial; but the government was never ready. At length, Judge Lecompte, hearing that James H. Lane was marching with a large army to set them at liberty, consented to discharge them upon bail. This will be the end of the matter, as it was never any part of the programme to give them a trial. Since the above was written, and after the prisoners had been held in bail a period of full eight months, the district attorney, as was predicted, entered nolle prosequies in their cases, and they were discharged.

Previous to the 4th of July, threats were freely uttered by the pro-slavery party, that the free-state legislature should not assemble, at that time, according to its adjournment. Their first intention was to disperse the members by an armed force of their own people; but they afterwards determined upon a wiser and safer course of action. In consequence of these threats, the free-state men began to assemble at Topeka in considerable numbers as early as the 2d of July. Some of the most prominent of the party being still in prison, and others having been driven from the territory, they were undecided in regard to the policy best to be pursued. Both branches of the State Legislature consequently met in convention on the evening of July 3d, and resolved to assemble in regular session, agreeably to adjournment, at noon on the following day.

In the mean time, a large United States force, under command of Col. E. V. Sumner, consisting of seven companies of dragoons from Fort Leavenworth, and four companies from Fort Riley, had encamped close to Topeka, both to the north and the south of the town. Secretary Woodson, who in the absence of Shannon, was again acting-governor, accompanied the troops, as did also the United States Marshal, Israel B. Donalson.

On the evening of the 2d, a committee of free-state men had been appointed to correspond with Col. Sumner, and ascertain, if possible, the object of this extraordinary warlike demonstration on the part of the United States. On the 3d, the committee received from Col. Sumner the following letter;

"Head Quarters, First Cavalry,

66

Camp at Topeka, K. T., July 3, 1856. "Gentlemen: In relation to the assembling of the Topeka Legislature (the subject of our conversation last night), the more I reflect on it the more I am convinced that the peace of the country will be greatly endangered by your persistence in this measure. Under these circumstances I would ask you and your friends to take the matter into grave consideration. It will certainly be much better that you should act voluntarily in this matter, from a sense of prudence and patriotism, at this moment of high excitement throughout the country, than that the authority of the general government should be compelled to use coercive measures to prevent the assemblage of that Legislature.

"I am, gentlemen, very respectfully, your obedient servant, "E. V. SUMNER,

"Col. First Cavalry Commanding."

Early on the morning of the 4th the convention again assembled in one of the rooms appropriated to the Legislature, when they were visited by Marshal Donalson, accompanied by ex-judge Elmore, who by request of the marshal, explained the object of their errand. He read, among other things, a proclamation of President Pierce, issued on the preceding February, in which he declared that the laws of the Legislative Assembly as adopted at the Shawnee Mission, should be sustained and enforced by the entire force of the government, and concluded by delivering a proclamation to the same effect from the secretary of the territory, the acting-governor.

This ceremony concluded, the marshal and judge took their departure. The excitement in the town was intense, and the entire population, embracing two volunteer companies, who were out on parade, were assembled in and about the legislative hall. A short time before the hour appointed for the meeting, Colonel Sumner, at the head of about two hundred dragoons, was seen approaching at a rapid rate. Having posted two field pieces so as to command the principal avenues, he drew his forces up in front of the hall and entered the building; and addressing the people who were there assembled, he informed them that under the proclamation of the President, he had come to disperse the Legislature, which duty, though the most painful of his life, he was compelled to perform, even if it should demand the employment of all the forces in his command. The members present readily consented to obey his orders, and no attempt was made at an organization. The colonel was heartily cheered as he left the hall; and when he was about marching off at the head of the troops, three groans

MURDER OF COLLINS.

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for Franklin Pierce were given with such an unanimity and hearty good will by the assembled multitude, as fairly to shake the building, startle the horses of the soldiers, and betoken anything but a friendly feeling toward the existing administration.

CHAPTER VIII.

The Kansas Legion.-Patrick Laughlin.-The murder of Collins.-Outrages upon J. W. B. Kelley.-Rev. Pardee Butler set adrift in the Missouri River on a raft.-Disputes about land claims.-The murder of Dow.-Portrait of Sheriff Jones.-Arrest and rescue of Jacob Branson.

It is not to be presumed that all the outrages and crimes committed in Kansas Territory were the work of the proslavery party. That party will have a terrible catalogue for which to account; but in the great day of retribution their political opponents will not entirely escape condemnation. The pro-slavery men were doubtless the original aggressors; but their unworthy example was too eagerly followed by many claiming to be the advocates of freedom. The one party burned houses, and robbed and murdered unoffending people; and the other, in retaliation, committed the same atrocities. Buford collected a regiment of men in Alabama, South Carolina, and Georgia; and Jones, Whitfield and others, bands of desperadoes in Missouri, which they brought into Kansas to. pillage and destroy; whilst Lane marched in his famous

Army of the North," whose path was also marked with desolation and ruin. The slavery faction established its "Blue Lodges," and their opposers organized their "Kansas Legion," both of which were secret associations, bound together by solemn oaths, and having signs and pass-words of recognition. The only difference was, that the largest and most respectable portion of the free-state party condemned the "Kansas Legion," and took no part in its operations; whilst the "Blue Lodges" originated with, and received their chief encouragement and support from the most prominent, wealthy and leading pro-slavery men, not only in the territory, but in various states of the Union.

In the summer of 1855, an Irishman, named Patrick

Laughlin, who had formerly lived in Missouri, pretended to have become a convert to the free-state principles, and was received into the fellowship of the "Kansas Legion." He became a very active member, and was deputized to open encampments in sundry free-state towns. After acquainting himself with all the mysteries and thoroughly understanding the working of the entire machinery, Patrick returned to the pro-slavery party and made an exposé of the whole affair, telling perhaps all the truth and adding much of his own invention. He also became an active persecutor of the free-state men, towards whom he exhibited the most violent hostility. This led to a personal altercation between Laughlin and a man named Collins, both of whom resided at Doniphan.

They met in the vicinity of Collins' saw-mill, where himself, sons and nephews were at work, Laughlin having with him several friends. All the parties were armed. After a wordy quarrel they were about separating, upon which Laughlin reiterated some offensive language, and Collins turned toward him. One of the pro-slavery men fired, hitting Collins, who returned the shot without effect, upon which Laughlin fired his pistol at Collins and killed him instantly. A general fight then ensued, in which bowie-knives and pistols were freely used. Several on both sides were wounded, and Laughlin seriously. He was carried to Atchison, and has entirely recovered. This scene occurred on the 25th of October.

The pro-slavery residents of Atchison had previously resolved to rid that place of all free-state settlers, and accordingly, on the 8th of August, they seized Mr. J. W. B. Kelley, and after having beaten and otherwise abused him, they drove him from the town.

Soon after this occurrence, Rev. Pardee Butler, a preacher from Missouri, visited Atchison, and having expressed himself rather freely in condemnation of the outrage upon Kelley, he was forthwith disposed of in a summary and somewhat novel manner. The following is the Squatter Sovereign's relation of this affair ;

"On Thursday last one Pardee Butler arrived in town with a view of starting for the East, probably for the purpose of getting a fresh supply of free-soilers from the penitentiaries and pest-holes of the northern states. Finding it inconvenient to depart before morning, he took lodgings at the hotel, and proceeded to visit numerous portions of our town, everywhere avowing himself a free-soiler, and preaching the