Bleeding Kansas – Jefferson County Jayhawkers and Forgotten Freestaters

Jesse Newell’s Rifle Company Roster: Bob Newell, Died in Battle

September 6, 2020September 7, 2020 Liz Leech @jeffcojayhawkersLeave a comment

Russell Robert shell The_Oskaloosa_Independent_Sat__Aug_31__1861_ — Excerpt from Captain Avra P. Russell’s letter about the death of his third lieutenant, Bob Newell. Oskaloosa Independent, Aug. 31, 1861. Image from newspapers.com; article viewable here.

(Bob Newell was a free-state rifleman who rode escort for “The Immortal Ten,” the Kansans whose covert rescue mission freed Underground Railroad conductor John Doy from a Missouri jail in 1859. [See story here. ] Bob, just 21, was among about 20 Jefferson County, Kansas, men summoned to help The Immortal Ten on the last 20 miles of their dangerous rescue. This post introduces the young Robert Newell, killed two years later in the Civil War Battle of Wilson’s Creek in Missouri. Captain Avra P. Russell wrote to Jesse Newell about his son’s battlefield death. (Captain Russell’s letter is transcribed here.)

Captain Russell’s letter glistens as a death notification that could only have been written early in a war. It is mournful, respectful, laudatory, personal. And it was early: early in Kansas statehood, early in the Civil War, early in Robert Newell’s life.

Carefully composed but written with an unbearable purpose, the captain’s letter told Jesse Newell that his son Robert had died in the Battle of Wilson’s Creek in southwest Missouri, August 10, 1861.

“The terrible battle at Springfield, fought on the 10^th … deprived you of a very promising son, and me of a brave Lieutenant and highly cherished friend,” the August 18 letter told Jesse and Rosannah Newell, Oskaloosa, Kansas.

Bob Newell, as he was known, died at 23 years of age. He and his younger brother, Abram, had rushed into Union army service alongside many other young Kansans when the new state raised its first two regiments. He mustered in to Company G, Second Regiment Kansas Volunteer Infantry. Bob was elected third lieutenant of Company G, serving under Captain Avra P. Russell.

robert newell muster roll ks memo 2 — These images are from the Kansas State Historical Society’s “Civil War soldiers name index, Kansas volunteer regiments, 1861-1865” on Kansasmemory.org. Bob Newell’s regiment’s page is here. The partial images show Newell’s age, rank, date of enlistment and mustering in and his death.

The young Newell’s brief life as a soldier began around June 20, barely two months after the Civil War began. And it was just the fifth month Kansas had existed as a state, a free state that forbade slavery.

Newell “…had taken a very active and efficient part through the day, manifesting a coolness and perfect self control almost unexampled in one so young and inexperienced on the field,” Captain Russell wrote of the battle and Bob’s part in it.

The Battle of Wilson’s Creek, a Union loss, was significant as the first major Civil War battle fought west of the Mississippi River. It gave the Confederates control in southwest Missouri.^[i] Union forces were about 5,400 men; the Confederate and Missouri secessionist troops about 11,000. Losses were heavy for both sides: The Union lost about 1,235 men killed, wounded or missing and the Confederates and Missouri secessionist troops about 1,100.[ii] To understand the battle conditions Bob and his comrades fought in, told from a young Iowa soldier’s view, read this Emerging Civil War blog post here.

LoC Battle of Wilson's Creek, near Springfield, Missouri — This image, “Battle of Wilson’s Creek, near Springfield, Missouri” shows the battlefield death of Union Brig. Gen. Nathaniel Lyon and was published in *Frank Leslie’s Illustrated Newspaper* on Aug. 24, 1861. It is held by the Library of Congress. https://www.loc.gov/item/2002736810/

Bob Newell’s death came shortly after Union Brigadier General Nathaniel Lyon was killed on the Wilson’s Creek battlefield.[iii] Lyon’s death was the first of a Union general in the Civil War.

Jesse Newell passed Captain Russell’s condolence letter on to The Oskaloosa Independent, which published it Aug. 31, 1861. See the transcript here. It ran with a letter written home by another of Jesse Newell’s sons, Abram, a 21-year-old private in Bob’s unit. Abram was shot in the hand in the Battle of Wilson’s Creek and remained with the 2^nd Kansas until October 31^st when the regiment finished its service.^[iv] Abram’s “Dear Parents” letter may be seen here.

BLEEDING KANSAS, JEFFERSON COUNTY STRIFE

Boots on the ground experience in the Kansas-Missouri border war over slavery had already initiated Bob Newell and a good many other Kansas soldiers to Kansas-Missouri violence. Bob had emigrated to Kansas Territory at 18 years old in 1856. He grew to adulthood in the Bleeding Kansas years when Missourians and partisans from southern states fought to make Kansas a slave state and freestaters fought to keep it free of slavery.[v]

Skirmishes popped up between Missouri and southern proslavers trying to drive freestaters out of Jefferson County and freestaters trying to rid their county of the marauders.[vi] After the peak of Jefferson County strife in September 1856, Jesse Newell was slapped with an arrest warrant that charged him with fighting against the proslavers.[vii] He provided his own complaint back to the territorial governor, describing the 1856 war occurring in Jefferson County:

Jesse Newell included a frightening anecdote that included his boy, Bob.

“…[This] country is infested with guerrilla bands, for they have taken me and my son Robert out and threatened to hang us both. And since that time they have threatened to hang my brother-in-law Joseph Phitsimons [Fitzsimmons] and have destroyed my property in throwing down my fences and destroying my grain and threatening to burn my house and break up my [saw] mill.”

Named for his grandfather, Robert Newell was born in Richland County, Ohio, in 1838 and moved with his family to the two-year-old state of Iowa when he was 10 years old. The family lived in Mahaska County, not far from a namesake town of Oskaloosa, Iowa. Bob’s two older brothers, Valentine and John, emigrated to Kansas Territory in 1855, the rest of the family settling at what would someday be Oskaloosa, Kansas, in May 1856.

Within two years of settling, Bob Newell owned 160 acres of Jefferson County, Kansas Territory, farm land northwest of Oskaloosa, land that is held today by descendants of Jesse Newell. He also had an interest in his father’s steam-powered sawmill on the west side of the public square. [See the Google image of Oskaloosa, Kansas.]

GOOD TROUBLE

Kansas Territory, as close as it was to the slave-holding states of Missouri and Arkansas, became a draw for determined enslaved people to escape bondage. Lawrence and its Douglas County surrounds, just across the Kansas River from Jefferson County and Oskaloosa, was a hub for these freedom-seekers. There, plans and routes were fixed to help enslaved men, women and children find freedom and safety in the northern states and Canada. Lawrence and Douglas County were well-populated with eastern abolitionists who wanted to rid the nation of slavery all together, and they were willing to break the law to do so.

I haven’t yet discovered how involved Bob Newell’s father, Jesse, was in Underground Railroad activity, but he gave young Bob a taste of it in 1859.

Bob and his brother John Newell rode with about 18 other Oskaloosa area men in their father’s rifle company to play a small role in one of the most celebrated rescues in Kansas history. They stepped up to help the good trouble makers from Lawrence, the Immortal Ten, who in July 1859 quietly broke Underground Railroad conductor John Doy out of a Missouri jail.

Doy had been headed north from Lawrence with 13 freedom-seekers six months earlier when his group was ambushed by slave catchers.[viii] The catastrophe happened about eight miles south of Jesse Newell’s home in Oskaloosa, and Doy had been on his way to the Newell place. Jesse Newell had agreed to help Doy and his party of freedom-seekers in some way as they continued north. [This link explains what we know about Jesse Newell’s role.]

The ambushers took the entire group hostage: Doy, his two assistants and the 13 men, women and children who had risked all for freedom. The ambushers hurried their prisoners across the border into Missouri and jailed Doy.

Six months later, the Immortal Ten swept Doy from his St. Joseph, Missouri, jail cell, crossed the Missouri River and began their dangerous trip south through Kansas to Lawrence. Suspecting they were being followed, the group’s leader, James B. Abbott,[ix] got word to Jesse Newell to bring his rifle company to be an escort guard for the last 20 miles of the trip.

Bob Newell’s name appears just once in the John Doy rescue story, but it tells us plenty about his mettle.

NEWELL’S HALL

As Oskaloosa developed, Bob Newell built a sort of town hall for citizens, Newell’s Hall. He was building the wood-frame building at the southwest corner of Oskaloosa’s public square in August 1860, around the same time his father had built a two-story house for his family not far to the east.[x]

Newell’s Hall hosted local congregations of government, military and civil life. County Republicans, county court, church people all gathered there. Oskaloosans assembled at the hall to make sure Oskaloosa had a good enough road to connect it to the Smoky Hill Trail wagon route going from Leavenworth, Kansas Territory, to the gold mines of Colorado. (Oskaloosa won its place on the route.)

Courthouse square — Google map showing locations of the Newell’s sawmill, Bob Newell’s “Newell’s Hall” and Jesse Newell’s homestead. Google maps image, Imagery @2020 Maxar Technologies, USDA Farm Service Agency

Prim Methodists conducted a fund-raising festival at Newell’s Hall to furnish their new church. The October 3, 1860, edition of The Oskaloosa Independent cheerfully urged the ladies and gentlemen of Oskaloosa to pay $1 per couple to come and enjoy the festival. Immediately following the notice was a reply to the impertinent question of whether the festival would include dancing.

“Of course not,” was the organizer’s reply in the newspaper. “We would be surprised to learn that any gentleman or lady of self-respect, and a proper regard for religion and the church, would ever think for a moment, of dancing on such an occasion.”

After Bob Newell died at Wilson’s Creek, Henry F. Woolley had taken over Newell’s Hall. He operated a store on the first floor and the county court met upstairs. Eventually, Oskaloosa was erecting grander buildings. Newell’s Hall was pulled down in 1885 and The Oskaloosa Independent walked readers through a compressed Newell’s Hall history, starting with Bob Newell putting it up in 1860.

“Judge Pettit held district court in the lower room,” the newspaper recounted. “J. Gill Spivey there made a speech and took the oath as a [Union] militia officer, and afterward went south and got a commission in the rebel army.

“[U.S. Sen.] S.C. Pomeroy made a speech there, also, when he was senator, and [U.S. Sen. and Union General] Jim Lane made his appeal within its walls for ‘foot soldiers,’ who would go over to Missouri on foot and come back riding one horse and leading another.”[xi]

WAR

Kansas joined the Union as a state free of slavery on Jan. 29, 1861. Three months later, the Civil War began. The new state of Kansas legislature was still writing new laws, trying to determine which city should become the state’s capital and rushing through military-related legislation.

Kansas men were ordered to form “military companies” a few days after the Civil War’s start April 12, 1861. President Lincoln ordered that two full-out Kansas army regiments be filled from those militia-like military companies, and armed and equipped.

Oskaloosa’s public square filled with citizens on April 22 to create a military company.

Wareham Gibbs, a 71-year-old veteran (of the War of 1812, perhaps), marched the crowd from the public square to Newell’s Hall, according to the April 24, 1861, Oskaloosa Independent. The militia men went inside and voted to name their company the Union Guards.

Bob Newell was elected 3^rd sergeant of the Union Guards, and Jesse Newell signed up for the uniforms committee. Future Jefferson County military recruiter A.W. Spalding issued a patriotic speech, and so did J. Gill Spivey (And, yes, military records confirm that he did join the Confederates, as referenced above.) The crowd called for John F. Hinton, who declined to speak but instead played a rousing “Yankee Doodle.” The Independent article doesn’t note which instrument he played.

Bob Newell was among those leaving the militia group to join a fighting regiment, the Second Regiment Kansas Volunteer Infantry. The 2^nd Kansas organized and drilled in Lawrence during May and set out in June on a 40-mile march to Wyandotte, Kansas (now Kansas City, Kansas), and then across the Missouri River to Kansas City, Missouri. Newell’s comrades elected him third lieutenant of Company G under Captain Russell when they met at Kansas City.

2nd reg bravery from Leav T, The_Oskaloosa_Independent_Sat__Aug_31__1861 p1 — A portion of a soldier correspondent’s letter about the Battle of Wilson’s Creek to The Leavenworth Daily Times printed in The Oskaloosa Independent Aug. 31, 1861. The image is from newspapers.com and may be read here.

The 2nd Kansas’s job would be to help U.S. troops prevent Confederate and Missouri southern sympathizers from conquering Missouri, which was a slave state that did not secede from the United States.

Anonymous soldier correspondents kept Kansas newspapers abreast of Kansas soldiers’ experiences. Some grousing fell upon the long march to Kansas City, a lack of uniforms and their less-than-ideal weapons.

One of the correspondents, who was with Bob Newell’s Company G, wrote that the 2^nd Kansas regiment had learned at 8 a.m. on June 18 that they would march to Wyandotte. By 11 a.m. they had crossed the Kansas River at Lawrenece and moved east. They covered 12 miles before stopping at 5 p.m. for a quick supper at Little Stranger Creek, and then took up their march, guns shining in the moonlight.

“During the early part of the evening, bursts of songs, and jests and shouts of laughter echoed over the prairie,” the soldier correspondent wrote, his letter published June 29 in The Fort Scott (Kansas) Bulletin. “But later the unwonted fatigue bore down the exuberant spirits of the men and by 10 o’clock the lines were as quiet as a funeral procession.

“Here and there men would drop out of the ranks, and be down among the tall grass, doggedly determined to go no farther, and it required the utmost exertions on the part of the officers to rouse them to farther effort.”

After sleeping on the prairie grass the regiment was off again, “foot sore and tired.”

“Mile after mile of the weary march dragged slowly along beneath the broiling rays of the sun,” the correspondent wrote. “The blistered foot and parched tongues brought the enthusiasm of yesterday down to zero. The secessionists were cursed as the cause of all our sufferings and many and deep were the maledictions showered on their devoted heads.”[xii]

Soldier “M,” also in Bob Newell’s Company G, wrote that the 2^nd Second Kansas finally got part of their uniforms, “a single blouse to each man” when they reached Missouri. Soldier “M” was a correspondent for The Daily Times, Leavenworth.[xiii]

“Perhaps it is no fault of the Government, but still it seems to me that the Kansas volunteers have been treated with gross neglect in the way of clothing, “M” wrote on June 20. “The men grumble not a little about it. Another cause of complaint with the Second Regiment is the character of arms issued to us. They are the common musket, in very bad condition, and I believe they are condemned — if they are not condemned, they ought to be.”

Writing after the Battle of Wilson’s Creek, correspondent “F.A.R.” charged that the First and Second Kansas regiments had been “shamefully abused” from the start of the war.

“They have never yet received their uniforms, and are half naked, with no tents, and half of them without blankets.” F.A.R. wrote in the September 26 Vermont Phoenix of Brattleboro, Vermont.

“When they started from Fort Leavenworth [First Kansas] in the spring for the South they were provided with condemned tents and blankets, but now they are without either and compelled to sleep on the ground in the open air.

“In the late battle at Springfield [Wilson’s Creek] these two proved themselves the crack regiments, and certainly ought to be provided with clothing and camp equipage.”

The Battle of Wilson’s Creek showed the Kansas troops, considered “raw recruits” in some publications, would fight. The Battlefields.org Wilson’s Creek website page says even though the Confederates counterattacked the Union forces three times, they failed to break through the Union line.

The Confederates and Missouri forces then pulled back, but Union Major General Samuel D. Sturgis, who had taken command when Union Brigadier General Lyon was killed, realized his men were exhausted and running out of ammunition. Sturgis ordered his men to retreat.

“The Confederates were too disorganized and ill-equipped to pursue [Union troops],” the Battlefield.org website summarizes.[xiv]

Despite their loss, the Kansas Union troops won praise for their fighting as regiments and as individual soldiers.

Major John M. Schofield noted in an after-battle commentary that the Union troops’ food and supplies were low and that the soldiers had had to forage in the area.^[xv] They were exhausted from their long marches.

But just before the end of the Battle of Wilson’s Creek, the “… Second Kansas Regiment [Bob Newell’s regiment], which had firmly maintained its position on the extreme right from the time it was first sent there, found its ammunition exhausted, and was ordered to retire, which it did slowly and in good order, bringing off its wounded.”

In his letter to Jesse and Rosannah Newell, Captain Russell strove to assure the bereaved couple that Bob Newell did not suffer in his battlefield death.

“He was killed almost by my side, at the close of the day, when we were retiring from the field, by the bursting of a shell,” Russell wrote. “The missiles entered the back part of his head, and he fell a corpse – never moved or spoke after falling.”

“[Bob Newell] – was continually in the front of the battle doing noble execution himself, and giving courage to the whole company by his intrepid example,” Captain Russell wrote, bypassing the cold brevity of a formulaic “we regret to inform you” letter that he might have to write later in the war as soldiers’ deaths multiplied.

Russell himself would soon die in the war. He died Dec. 12, 1862, from injuries he received in the Battle of Prairie Grove, Arkansas, five days earlier.^[xvi] He was 29 years old.

The soldier correspondent “M” who served with Bob Newell in Company G praised his regiment’s performance at the Battle of Wilson’s Creek and mourned Bob Newell.

“The Kansas 2^nd was the last regiment to leave the field, and the only regiment that left with all the companies present, and in perfect order,” soldier “M” wrote August. 18, 1861, from camp near Rolla, Missouri.[xvii] “We left slowly, followed by the artillery and soon were off the field. As we were leaving, a shell thrown by the enemy fell and burst near us, killing our Third Lieutenant, Robert Newell, from Oskaloosa.

“He was struck on the back of the head, and killed instantly. He was a young man of sterling worth, and as true a heart as fought on the field. During the whole time he was at his post, cool and firm. His loss is keenly felt by us all.”

Abram Newell, Bob’s little brother, wrote in his letter home that Bob had been killed while his regiment was in retreat. The artillery shell that killed Bob also injured several other soldiers, Abram said.

“We did not have time to stop and bury him [Bob] then,” Abram wrote. “But he was decently buried afterwards.”

Soldiers who died at the Battle of Wilson’s Creek were buried on the battlefield and moved six years later to the National Cemetery at Springfield, Missouri. Bob Newell, like so many of the others who died that day, has no grave marker, according to the Wilson’s Creek National Battlefield website.

[i] I am not knowledgeable enough about the Civil War to supply the big picture part of Robert Newell’s story at Wilson’s Creek. I hope readers will seek, in addition to Kristen Pawlak’s piece here, some of the many articles, papers and books about the Battle of Wilson’s Creek. Ms. Pawlak’s recent article about the battle centers on a member of an Iowa regiment that according to the War of the Rebellion: Official Records of the Union and Confederate Armies, Series I., Vol. III fought alongside the First Regiment Kansas Volunteer Infantry and Bob Newell’s Second Regiment Kansas Volunteer Infantry in the U.S. forces’ Fourth Brigade.

The National Park Service operates the Wilson’s Creek National Battlefield, Republic, Missouri; its website: https://www.nps.gov/wicr/index.htm

Jefferson County sent soldiers to the battle in both the 1^st and 2^nd Kansas regiments. Jeremiah H. Bennet wrote about the Jefferson County soldiers at Wilson’s Creek in The Oskaloosa Independent in two articles:

https://www.newspapers.com/clip/3603122/the-oskaloosa-independent/

https://www.newspapers.com/clip/961239/wilsons-creek-and-jeffco-soldiers/#

[ii] The troops and casualty figures are from the Wilson’s Creek page on the Battlefields.org website. https://www.battlefields.org/learn/civil-war/battles/wilsons-creek

[iii] Lyon, beloved by his troops, had been a federal in the U.S. armed forces assigned to Kansas Territory after the 1854 Kansas-Nebraska Act took effect. He was favored by Kansas Territory freestaters. A soldier’s letter written eight days after the Battle of Wilson’s Creek and published in The Leavenworth Times said that Company G Corporal Marshall Edward Spurlock was among those who carried Lyon’s body from the battlefield.

[iv] Abram went on to serve in the Kansas State Militia in 1863 and 1864 as Kansas defended its borders against rebel invasion from across the Missouri border.

[v] The struggle was carried out both with violence and via political tugs of war and elections. The 1854 passage of the Kansas-Nebraska Act meant white men (no one else could vote) in Kansas Territory would decide whether to allow slavery in Kansas or to ban it. After defeating the earlier proslavery Kansas Territory government at the ballot box, freestaters in 1859 adopted a constitution prohibiting slavery in Kansas. Kansas became a state free of slavery on January 29, 1861, the time gap due to the U.S. Senate’s slave power opposing a free Kansas. But as southern states began walking out the secession door, enough Senate votes were left to admit Kansas free.

[vi] For background about “Bleeding Kansas” in Jefferson County, Kansas Territory, see earlier posts about the September 1856 “battles” of Grasshopper Falls, Slough Creek and Hickory Point. https://jeffersonjayhawkers.com/2018/01/26/the-battle-of-grasshopper-falls/

https://jeffersonjayhawkers.com/2017/09/11/our-captured-flag-slough-creek-part-i/

https://jeffersonjayhawkers.com/2016/10/10/north-of-the-kansas-river/

[vii]Jesse Newell’s complaint to Kansas Territory Gov. John Geary, dated Sept. 20, 1856, is held in the archives of the Kansas State Historical Society, Topeka, Kansas. The Joseph Fitzsimmons mentioned in the complaint co-founded Oskaloosa with Jesse Newell.

[viii] Maj. James B. Abbott, the chief organizer of the Immortal Ten and the man who called for Jesse Newell to bring his rifle company and perform escort guard duty, wrote about the rescue and perilous journey from St. Joseph, Missouri, back to Lawrence, Kansas Territory. He read his account at the Kansas State Historical Society annual meeting in 1899. Near the end of his story, he names some of Jesse Newell’s rifle company members [some names corrected]. Read Abbott’s tale here.

“Thinking that it was more than likely that the horseman who followed us would endeavor to get reinforced at Lecompton and try to recapture Dr. Doy, word was sent to Captain Jesse Newell, of Oskaloosa, to furnish an escort; and when we arrived at his place we found the Captain on hand with the following-named officers of his rifle company, to wit: Jerome Hazen, First Lieutenant; J. I. Forbes, Second Lieutenant; John Newell, Gil. Tower, Robert Newell, James Monroe, Resolved Fuller, M. R. Dutton – privates; and eight or ten others. And without delay we passed on, most of the escort going to within a few miles of Lawrence, and the captain and a few of his men going the whole distance, where we arrived about six o’clock in the evening, and where we also found the streets lined with people…”

[ix] Abbott, endnote viii.

[x] The Newell-Johnson-Searle House, a wood-frame house and limestone cabin on Oskaloosa’s east side, were listed on the National Register of Historic Places in 2017. Only some wood framing inside and portions of the house basement are original to Jesse Newell in 1860, but the small limestone cabin behind it has been dated as a few years older and as original to Jesse Newell. Jesse Newell’s descendants purchased the homestead plot and are busy with restoration.

[xi] The Oskaloosa Independent, Aug. 15, 1885, Page 3. Jefferson County built its brick courthouse in 1868, providing an official venue for court proceedings and other county functions. The public square upon which the courthouse sat was donated by Jesse Newell and Joseph Fitzsimmons, co-founders of Oskaloosa. The old brick courthouse was destroyed by a tornado in 1960 and replaced with a modern one.

[xii] Read the Fort Scott Bulletin newspaper article by an unnamed soldier here: https://www.newspapers.com/clip/57635204/2nd-kansas-regiment-march-to-wyandotte/

[xiii] This excerpt was taken from a collection of war-time Leavenworth Dailey Times articles. Betts, Vicki,”[Leavenworth, KS] Daily Times, June 12, 1860-October 8, 1861” (2016). By Title. Paper 51. http://hdl.handle.net/10950/705

[xiv] Battlefield.org’s Wilson’s Creek page: https://www.battlefields.org/learn/civil-war/battles/wilsons-creek

[xv] From Major John M. Schofield’s communications of Aug 20, 1861, War of the Rebellion: Official Records of the Union and Confederate Armies Series I., Vol. III. P 57. Copyright 1971, the National Historical Society. Schofield was acting adjutant general for the Army of the West at the time.

[xvi] Russell County, Kansas, is named for Avra P. Russell.

[xvii] Soldier “M”’s letter was printed in the Leavenworth Daily Times on Aug. 22, 1861. The information is taken from Kansans go to War: The Wilson’s Creek campaign as reported by the Leavenworth Daily Times Part II. Edited by Richard W. Hatcher III and William Garret Piston. Kansas History 16 (Winter 1993): 224-247. https://www.kshs.org/publicat/history/1993winter_hatcher.pdf

Constitution Writing: The Zombie Lecompton Constitution; A Young Abolitionist Watches the Proslavers at Work

May 2, 2020May 28, 2020 Liz Leech @jeffcojayhawkersLeave a comment

I’m stepping back from the constitution-writing convention in Wyandotte, Kansas Territory — the one that made Kansas a free state — to take a look at the Lecompton Constitution. That was the one that would have allowed human enslavement in Kansas.

The Lecompton Constitution wore a lot of unflattering tags during its difficult and unnaturally prolonged life: The Lecompton Swindle, the Bogus Baby, the Lecompton Humbug, the Felon Constitution. Begun in early 1857, it was voted up and voted down. It was sustained by conspiracy, micro-targeted voters, procedural twistiness, by extraordinary congressional measures and then crash-carted with a fake incentive for the acceptance of slavery.[1]

Here is what the Lecompton Constitution specified. “The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same and as inviolable as the right of the owner of any property whatever.” That, the key clause of the Lecompton Constitution, ordained that people could own other people and those people’s children, same as they could own a horse or a saddle.

Its year-and-a-half trudge from Kansas Territory to Washington and back to Kansas Territory ended when voters (white males only) finally administered the guillotine to the Lecompton Constitution in August 1858.

One of the voters dispatching the constitution was Thomas Gay, a young Wisconsin slavery opponent who had moved himself down to Jefferson County, Kansas Territory, in 1856 to make Kansas a free state.

Because he has told his story so well, Thomas Gay (1837-1908) will fill you in on the Lecompton Constitution. Gay had an interesting perspective on the slavery constitution because he, a young and idealistic abolitionist, attended a bit of the constitution-writing convention as a guest. Gay was a guest of one of Jefferson County’s three slavery-supporting delegates (William H. Swift) at this convention, the climactic proslavery gala ball to make Kansas a slave state like its neighbor Missouri.

Swift smiled faintly when I told him I should think it would be easy enough for Missourians to make a constitution for Kansas, especially when it was not intended to consult the people of Kansas as to whether they approved it or not. Oh! He said, “What was good enough for Missouri was good enough for Kansas, and the Kansas constitution was to be the Missouri instrument made to fit the more modern idea of how things should be done.” – Thomas Gay

Lecompton Constitutional Convention stories like Thomas Gay’s are rare, as far as I can tell. His is all the more rare because Gay was a Jefferson County narrator, and the county’s recorded territorial narrative is skimpy. Gay wrote a dozen droll articles about his short time in Kansas Territory for the Chariton (Iowa) Herald newspaper in the 1890s.

Gay’s stories, published in the 1890s, don’t appear to have seen a lot of light. They turned up as cut-out newspaper columns from the Chariton Herald pasted onto paper and put in scrapbooks archived at the Kansas State Historical Society and the Lucas County, Iowa, Genealogical Society. About seven years ago I read part of column written by Thomas Gay in an old Jefferson County booklet. Gay offered a fantastically dramatic description of a political speech given at Osawkee from when he lived there, and it looked like he had written about other Kansas Territory experiences.

I set out to find his newspaper articles (Gay’s Iowa hometown was incorrect in the version I read, which slowed me down.) and was rewarded with copies of a dozen of his clipped and pasted Kansas Territory stories, thanks again to archivists in Iowa and Kansas.

A newspaper clip from the “Daily Free Democrat” of Milwaukee, Wisconsin, March 20, 1856, page 2. You may see the clip here. Image from newspapers.com.

The 18-year-old Thomas Gay, who worked for a gunsmith in Fond du Lac, Wisconsin, read sensational newspaper accounts about Missouri border ruffian proslavers and their outrages against Kansas freestaters (anti-slavery) in 1856. The newspapers he had access to probably didn’t apply much ink to report any misdeeds committed by freestaters and abolitionists. Free-state partisans held rallies and meetings across the north, often offering aid to those who would settle in Kansas, rich in agricultural – and cheap – land. Gay told his parents he wanted to go.

Gay’s first Kansas article said that he “…burned with a desire to leave my quiet home in Wisconsin and follow Jim Lane in what I believed to be his cyclonic march through the hordes of border-ruffianism.”^[2] Then, he determined, when he was old enough, he would cast a vote for freedom in Kansas.

Nothing was as divisive in Kansas Territory as just about anything related to elections related to making Kansas a slavery or free state. An agitated nation watched this defining crisis for its own future, too. Stories of Bleeding Kansas election strife, civil disobedience and violence headlined in northern and southern newspapers, particularly in 1856.

In May of that year, Gay landed in Kansas Territory armed with a double-barreled rifle he had crafted in Wisconsin. He attached an engraved brass plate to it that read: “Anti-slavery rifle. Always loaded for border ruffians. – T.G.”

Immediately upon Gay’s arrival at Osawkee (renamed Ozawkie), Jefferson County’s county seat and proslavery beehive, his new host spotted the inscription on Gay’s rifle. This man was a New Englander, a family friend with whom Gay would live the new few years. He insisted Gay remove the inflammatory plate from his rifle. The two freestaters needed to keep a low profile at Osawkee.

Gay did survive a scrape or two before freestaters increased their numbers enough in 1857 to begin steering Kansas off of its proslavery course. But somehow, Gay and his family’s New England friend managed to stay friendly with some of the Osawkee proslavery leaders.

One of them, William H. Swift — although he apparently was not actually an Osawkee or Jefferson County resident — was one of three Jefferson County proslavery delegates elected to write the Lecompton Constitution. As Gay tells it, Swift invited him to come along for an educational visit to Constitution Hall in Lecompton[3] to watch the constitution writing.

Gay tells the story in his April 10, 1894, Chariton (Iowa) Herald article, transcribed here. The memoir, Part 11 of his Kansas series, was published nearly 40 years after the convention, a length of time that will furrow historians’ brows. It does give one pause. Gay may have taken some of his material from letters he wrote home while he was in Kansas Territory, or maybe he kept a journal, and he probably consulted the history books for some of the more exacting political details and sequences. I have altered some punctuation and paragraph blocks to make his story easier to read, and have rearranged some of his material. Endnotes and copy in brackets are mine. Thomas Gay’s words are italicized.

Personal Recollections of Life in Territorial Kansas in Border Ruffian Days, By Thomas Gay

Part XI. March 10, 1857, Robert J. Walker of Mississippi,[4] was appointed governor of Kansas. Before his appointment, which he only accepted at the earnest solicitation of President [James] Buchanan, he stipulated as a condition of his acceptance that the constitution then provided for, and which was passed in the fall of the same year should be submitted to the people for their endorsement or rejection. President Buchanan is on record as having expressly promised his power for such submission, and with this promise, Walker accepted the undesirable position and arrived in Lecompton May 27, 1857.[5]

Early in 1857 I made the acquaintance of a man by the name of Swift. For some reason quite a strong friendship had grown up between us, although he was Simon pure pro-slavery, and I was equally untainted “visa-versa.”

He was elected one of the delegates from Jefferson County to the Lecompton constitutional convention, notwithstanding he was not a bona fide resident of the territory. The well-known fact that he had his residence in Missouri did not operate as a practical bar to shut him off from assisting to make a constitution for Kansas.

[Jefferson County sent three proslavery delegates to the convention: Alexander Bayne, a 46-year-old Virginian who lived in Jefferson County’s southern border slavery stronghold; Thomas D. Chiles, a 43-year-old Kentuckian living in the north part of the county, a proslavery-leaning district;[6] and William H. Swift, address unknown.[7]]

He was frequently in Osawkee looking after his fences, and as often as he came he would drop in on Abner[8] and I, and we would get an intellectual treat from him.

When his duties commenced at Lecompton, he would generally come up Saturday and stop with us and visit the Dyers^{^[9]} till Monday. One Saturday he proposed to me that I go down to Lecompton with him the following Monday and witness the process of constitution-making and study the characters of the builders.

So I went with him, with the understanding that he was to protect me and explain to the solons that I was on a voyage of discovery as to what kind of a document they would be likely to turn out with such a dreadful lot of raw material to build with.

Swift smiled faintly when I told him I should think it would be easy enough for Missourians to make a constitution for Kansas, especially when it was not intended to consult the people of Kansas as to whether they approved it or not. Oh! He said, “What was good enough for Missouri was good enough for Kansas, and the Kansas constitution was to be the Missouri instrument made to fit the more modern idea of how things should be done.”

Swift was honest enough to say to me “that Kansas must be made a slave state, and that the convention received its instructions from Washington as to the best methods of procedure to secure that result.”

The central idea of the delegates from Missouri was that with free Iowa on the north and free Illinois on the east and a free state to the west [Kansas], her peculiar institution would be subject to such adverse influences as to render slave property insecure, and as a consequence materially reduce the value of her slaves.

So this convention, entirely pro-slavery and largely interested in slave property in Missouri, backed up and advised by the pro-slavery administration [President Buchanan and the slavery strong U.S. Senate], built this instrument to perpetuate their financial and political interests. What a majority of the residents of the territory desired had no influence in this body or in the White House.

[By the time the Lecompton convention delegates were writing their slavery enabling constitution (Oct. 19 – Nov. 8, 1857), Kansas Territory had had another election for the new territorial legislature (Oct. 5, 1857). This time, freestaters won the majority of seats for the new legislature and, importantly, showed that Kansas Territory’s majority was free-state and against slavery in Kansas. The Lecompton Constitution was still alive, however, and not ready to die.]

John Calhoun,^{^[10]} afterwards known as “Candle Box John,” presided over their deliberations, and as they were mostly of one mind in regard to the central idea, there was not sufficient antagonism developed among the delegates to spice up the proceedings beyond a kind of monotonous perfunctory state.

Before the call to order, Swift introduced me to Calhoun and others, as a hot-blooded young abolitionist from Wisconsin – a protégé of his – who had come down to study the modus operandi of things in the capital; and he, with mock solemnity, suggested that it would be wise to behave themselves, as I had carried arms successfully at Hickory Point,^{^[11]} and also treat me respectfully.

With that, Tom Childs [Chiles], another delegate from our county, reached to his rear and pulled out a flask from his coat tail pocket, and a half dozen others followed suit, till I was in danger of being swamped by the excess of their well-meant hospitality.

Swift then told them that I was studying for the ministry and he had heard it reported that abolition preachers didn’t indulge in anything stronger than aqua pura.

Then Calhoun blurted out, “Bub, take a little for your stomach’s sake anyhow. See what a good round one Sam Kookagee ^{^[12]} has, and he built it up on old rye and pure bourbon. Come, young man, it will make a bishop of you.

“And say, Swift, get your friend to act as chaplain, for I’m sure there is a lot of these unregenerate that need praying for.”

So they joked and badgered the innocent boy till the gavel fell, when they went on lazily building, building the famous organic structure on a foundation of sand, destined to soon come tumbling down upon them, burying them fathoms deep in infamy and disgrace.

Let me here, as briefly as is possible for a proper understanding of the objections to the notorious instrument, recite the conditions under which it was formed, and the means used to fasten it on the territory.

First. The legislature providing for the convention to formulate the [Lecompton proslavery] constitution was a “bogus legislature,” [unfairly elected, earlier] to which three-fourths of the adult residents gave only a forced allegiance.
Second. The census by which the delegates were elected was taken in only fifteen counties. In nineteen counties strongly free state there was no census and could be no vote for delegates.

[Most of the Lecompton Constitution Convention delegates were from southern slave states. Of 59 delegates on the roster in this newspaper clip, 18 had reported coming to Kansas Territory from Missouri. William H. Swift was listed as having come to Kansas Territory from Alabama.]

Third. The registry of voters was exclusively in pro slavery hands.
Fourth. A constitution was formed exclusively by delegates from a proslavery constituency, the free state party abstaining from voting. [Explained below.]
Fifth. The convention only provided its submission in this form: “Constitution with slavery; or, constitution without slavery.” In either event, slavery already existing, could not be interfered with.

[This was the worst of the Lecompton Constitution’s proslavery handling. Under popular sovereignty, Kansas Territory voters were supposed to vote on a complete constitution setting out not only the question of slavery, but all sorts of ruling principles like who gets to vote, how the militia will work, what kind of banking laws to enact. But instead, the Lecompton slavery leadership dismembered the document and offered a couple of slavery questions to voters. Both choices allowed slavery. There was no option through which voters could reject slavery there was no intact constitution document to vote on.]

What was called an election on these two propositions was held December 21, 1857, and resulted in 6226 votes for constitution with slavery, and 569 votes for constitution without slavery. [“Without slavery” somehow meant enslaved people already in Kansas, and their future children, would remain slaves.]

Of this larger vote, 3000 were rejected as fraudulent.

On the 2^nd day of February, 1858, President Buchanan, false to all his solemn pledges to Governor Walker, sent this constitution to the Senate of the United States, with a message asking its acceptance. He had also previous to this endorsed it in his annual message to Congress.

Stephen A. Douglas took issue with the president, on the ground that a failure to submit the constitution to the people of Kansas was in direct conflict with the doctrine of squatter sovereignty, the leading feature of the Kansas-Nebraska bill.^{^[13]} The ruptures in the democratic party by this action of Douglas was not healed. The breach constantly widened till a complete separation took place by which, in 1860, two candidates for president, representing the extreme and moderate view, in regard to slavery, went before the country, and by that action, Lincoln was elected to the presidency.

April 30, 1858, the “English compromise bill” was proposed by congress. By this bill the “Lecompton swindle” was sent back to the people for submission, with a promise that if they would accept it the government would be very liberal to them in the way of public lands, etc.^{^[14]}

On the 2^nd day of August I cast my first vote, and it was one out of 11,300 “nays” recorded against the constitution, while the lonely number of 1,786 said “yea” to the proposition.[15] That vote settled the slavery question in Kansas, and there was hallelujahs among the “Sunflowers.”

Thomas Gay is voter No. 37 on this poll list from his very first election. The voting was conducted at Judge Joseph L. Speer’s office in Osawkee, Jefferson County, Kansas Territory. Image from the Kansas State Historical Society’s archives, territorial executive records, Topeka. Copy and reuse restrictions apply.

[Reflecting on life’s journeys – from Wisconsin to Osawkee, or from Lecompton to Lincoln – Gay ended his account with this parting thought:]

When the conscience of a people is thoroughly awakened, how easily are the laborious and systematic efforts of villains brought to naught.

[A follow-up post will examine the tangled course of the Lecompton Constitution and the shifting political winds that brought it down.]

[1] I’ve relied heavily on several excellent articles, papers and books for my brief outline of the Lecompton Constitution’s history. I urge you to read some of them. One that summarizes state and national effects of the Lecompton Constitution may be found on Historic Lecompton’s website

The Lecompton Constitutional Convention

An excellent history explaining the Lecompton Constitution’s profound effect on national questions of democracy, politics, constitutional rights and moral issues like slavery. “The Great Principle of Self-Government: Popular Sovereignty and Bleeding Kansas” by Nicole Etcheson. It ran in Kansas History: A Journal of the Central Plains 27 (Spring–Summer 2004): 14–29.

Another is a 1957 article by Robert W. Johannsen, “The Lecompton Constitutional Convention: An Analysis of Its Membership.” The Kansas Historical Quarterly, Volume XXIII, Autumn 1957, No. 3: 225-243.

The Kansas State Historical Society’s Kansapedia entry on Kansas Constitutions explains fully the four constitutions pitched during Kansas Territory’s struggle to decide the slavery issue. The 1859 Wyandotte Constitution is the one that made Kansas a free state in 1861.

Kenneth M. Stampp, America in 1857: A Nation on the Brink (New York, Oxford University Press, 1990).

[2] Thomas Gay wrote 12 newspaper recollections about his years as a Kansas Territory freestater. They appeared in his hometown newspaper, the Chariton (Iowa) Herald in 1894. This quotation is from his first article, which appeared Feb. 8, 1894. Gay refers to free-state leader James H. Lane, a former U.S. congressman from Indiana and later a Kansas U.S. senator and Civil War general, who had been in northern states rallying and recruiting new free-state partisans for Kansas Territory.

[3] Constitution Hall is a Kansas State Historic Site and is listed as a National Historic Landmark. It is a museum of Kansas history. https://www.kshs.org/p/constitution-hall/19562

[4] Territorial governors were appointed by the president of the United States. Kansas Territory had already gone through three governors appointed by U.S. President Franklin Pierce starting in 1855 and before President James Buchanan appointed Robert J. Walker to the job in March 1857 and he arrived for work May 27, 1857; unpopular with proslavery partisans, Walker resigned Dec. 15, 1857. Walker drew proslavery ire for urging freestaters to participate in elections. Kansas Territory governors had a difficult position, and none of the six total territorial governors kept the job for long. Those six governors don’t include the nearly 20 “acting” territorial gubernatorial appointments who filled in between other governors who were fired or resigned and fled Kansas Territory.

[5] What’s important about the agreement between Robert J. Walker and President Buchanan was that Kansas Territory voters were to vote on a constitution in a free and fair election and to send that constitution, backed by the vote of the people, to Washington for approval by Congress and the president.

[6] Thomas D. Chiles came to Kansas Territory in 1856 and lived in Atchison and Leavenworth counties after he left Jefferson County in 1860. The Kansas State Census for 1859 shows one “colored person” living in his household in Jefferson County. A U.S. slave schedule (census) for 1850 for a Thomas D. Chiles in Estill County, Kentucky, lists a 14-year-old enslaved girl. In Kansas, he was a merchant and operated a hotel or boarding house.

[7] I have not found census data indicating William H. Swift lived in Kansas Territory. However, Swift does appear in voter polling lists for the Dec. 21, 1857 and Jan. 4, 1858 elections related to the Lecompton Constitution. Swift also served as an election official for those elections. The New York Tribune article offering details about each Lecompton Constitution delegate (linked in Thomas Gay’s narrative above) says Swift was from Pennsylvania and came to Kansas Territory from Alabama.

[8] Throughout his 12 memoirs, Thomas Gay refers to the man he lived with (the Wisconsin family friend) as “Abner Lowell.” Gay described him as a Massachusetts man connected to the fiercest free-state partisans but who had been injured in an earlier skirmish between the antislavery- and proslavery factions. I believe Gay assigned a pseudonym to this man, as I have been unable so far to find “Abner Lowell” on voter rolls, census rolls, territorial militia listings, other reminiscences or emigrant rosters.

[9] Brothers William and George Dyer ran a store in Osawkee (Ozawkie), were town leaders and were among Jefferson County’s slavery advocates.

[10] John Calhoun, surveyor general for Kansas and Nebraska territories and proslavery leader, was twice accused of tampering with election results. The second time involved the hiding of ballots in a box that had been used to ship candles. The box contained fraudulent voter returns from Johnson County, a long list of fake voter names, hundreds for the proslavery cause. Election officials had submitted the election tally numbers, but hidden the physical ballot returns themselves.

[11] Gay was in the Battle of Hickory Point Sept. 13-14, 1856, in Jefferson County, a skirmish between proslavery partisans and freestaters led by James H. Lane and J.A. Harvey. An abbreviated account of Hickory Point and related events may be found here: https://jeffersonjayhawkers.com/2016/10/10/north-of-the-kansas-river/

[12] Samuel J. Kookagey, a Leavenworth County delegate. Click on the link in the copy above in the sentence containing this endnote reference to find a compelling story of written by Antonio Rafael de la Cova: Samuel J. Kookogey in Bleeding Kansas: A “Fearless vindicator of the rights of the South.” It was published in Kansas History: A Journal of the Central Plains 35 (Autumn 2012): 146–63.

[13] The Kansas-Nebraska Act in 1854 handed the decision of whether to allow slavery in Kansas Territory (and Nebraska Territory) to voters. The principle was “popular sovereignty,” which was to allow voters to decide their own governance. Before the act, the 1820 Missouri Compromise had determined that new states south of the Mason-Dixon line would be slave states and those north of it free states. Kansas was north of the old dividing point. Stephen A. Douglas is considered the father of the Kansas-Nebraska Act and its principle of popular sovereignty.

[14] When territories became states, the federal government provided designated lands to be used for the public benefit, like land for schools or railroads. The English Bill offer made it appear Kansas would get more than the usual amount of free land. But as it turned out, the offer was for only the usual amount of land a state would get.

[15] Kansas State Historical Society information indicates slightly different returns — 11,812 to 1,926 – but still a decisive defeat.

Constitution Writing: A Free White State, Liberty and Racism

June 1, 2019April 13, 2020 Liz Leech @jeffcojayhawkersLeave a comment

(Like the previous one, this post contains racist and inflammatory language uttered by elected delegates writing a constitution to make Kansas Territory the state of Kansas. Prohibiting or allowing slavery in Kansas was the monumental choice facing delegates, but predominant anti-slavery opinion made slavery’s abolition in Kansas a foregone outcome of the July 1859 constitutional convention. Instead, delegates argued repeatedly and graphically about human equality, human rights and racial integration at the convention, which ran from July 5 through July 29, 1859.)

In the end, the 35 Republicans and 17 Democrats elected to write a constitution labored little to banish slavery from the future state of Kansas.

After five years of battling over slavery and after three failed constitutions,[1] the delegates at the Wyandotte Constitutional Convention voted 48-1 to include these words in the Kansas Constitution: “There shall be no slavery in this State…”[2]

The convention’s swift dispatch of slavery, however, brought a torrent of convention agitation over alternative, harsh propositions to clip rights for people of African descent who might come to the new slavery-prohibiting state of Kansas.

Top of the list for convention Democrats (Democrats at the time largely supported slavery) was the “free white state” pitch to block all people of African descent from living in Kansas. Over and over again, the leading Democrats at the convention tried to work that provision into one section or another of the constitution draft. When it became evident that the majority of delegates weren’t having it, the Democrat delegates tried to write various exceptions into the document. Exceptions like this: If “negroes and mulattoes”[3] were allowed to live in Kansas, they would not be entitled to education in Kansas public schools; or if fugitive slaves from other states escaped to freedom in Kansas, they still could be captured and returned to slavery under their owners in slave states like Missouri.

And if people of African descent were allowed in Kansas public schools, they would have to learn in separate schools, never sharing classrooms or sitting side-by-side with white pupils.

One delegate even said he wanted an option through which white taxpayers’ money could be withheld from financing public schools that educated children of color.^[4]

Liberty and rights were the most contentious concepts the delegates dealt with as they pieced together words that still, today, define the rights of Kansans. And Kansas becoming a free state was remarkable, especially considering that the Kansas-Nebraska Act^[5] in 1854 had changed the slave-state versus free- state rules for new states entering the Union.

But while Kansans can be proud that 1850s settlers fought off slavery and saw Kansas enter the Union as a free state, those contentious proposals at the 1859 Wyandotte Constitutional Convention foreshadowed a future of segregated schools, lunch counters, movie theaters.^[6] [Read some examples here and here.] Deep prejudices against people with African blood in their veins did not fall away with the adoption of the free-state Kansas Constitution.

C B McClelland (2) — Clark B. McClellan, Jefferson County’s lone delegate to the Wyandotte Constitutional Convention in July 1859. Picture courtesy of the Jefferson County Historical Society in Oskaloosa, Kansas.

The constitutional convention convened July 5, 1859, at Wyandot city, now part of Kansas City, Kansas, on the state’s northeastern border. The constitution it produced was next approved by Kansas Territory voters in October 1859, sent on to Congress and then to President James Buchanan, who signed it Jan. 29, 1861. [Learn why it took so long here. ]

Based on its modest population, Jefferson County was allowed one delegate to the convention. Clark B. McClellan, a Democrat, was elected 278 to 249 over his Republican opponent in the June 1859 delegate elections. McClellan won heavy backing from the county’s minority of southern-leaning precincts that favored Democrats[7] (There were enslaved people in these townships, as shown by territorial censuses.).

At the Wyandotte convention McClellan, a popular Oskaloosa merchant, stuck to his party line on issues oppressive to people of African descent but wasn’t vocal during the floor debates. He crossed over to the Republican side on some votes. For example, he joined Republicans to squash plans to give Kansas slave owners leeway, six months to a year, to remove slaves from the territory once the new constitution kicked in (since it would make slavery illegal).

But for the most part, he voted with the other Democrats, who as the minority party lacked the votes to succeed. Nonetheless, they made frequent attempts with a flurry of amendments to make Kansas a free white state (no people of African descent allowed to live in Kansas) or to limit the education of black children.[8]

mcclellan store The_Oskaloosa_Independent_Wed__Nov_14__1860_ — Advertisement for Jefferson County delegate Clark B. McClellan’s store in Oskaloosa. Image from the Nov. 14, 1860, *Oskaloosa Independent*, newspapers.com.

William C. McDowell, a leading Leavenworth County delegate and a Democrat, led a share of the Democrats’ arguments to limit human rights through the constitution’s Bill of Rights section. vigorous charges to limit human rights in Kansas. He said he considered black people to be inferior to whites and felt duty-bound to follow his and his constituents “inclinations and feelings” and bar all black people from Kansas if they could not be enslaved..

“I regard this negro question as the only question of interest that was presented in the late canvass [June election],” McDowell told delegates on July 14.[9] “That the future State of Kansas should be free was conceded by all parties in this Territory; and whilst that was conceded, it was expected that this Convention would incorporate into the Constitution an article excluding the immigration of negroes into the State.”

McDowell – and other delegates, as well — chose the highest ideals of his political party to explain his “free white state” position, warning that without it Kansas would become the “receptacle of free negroes and runaway slaves.” McDowell argued that “God Almighty, for some high purpose, has established this inferiority of the black race, and stamped an indelible mark upon them.”

McDowell’s speech, only a tiny part of which is quoted here, brought an explicit Republican response from delegate Solon O. Thacher, a Douglas County Republican. Thacher, like McDowell, focused on people of African descent, recounting the violent struggles of Bleeding Kansas and railing against the inhumanity of the nation’s slave power and, now, free-white-staters.

Thacher deployed a nuclear argument to blast at the hypocrisy of Democrats who said Republicans were promoting caucasian/black equality. His speech raised the issue of white men raping and sexually assaulting enslaved black women, the result of which was lighter-skinned, mixed-race children.

“And this charge [against equality between black and white people] comes from a party sustaining and propagating a system whose basis rests upon prostitution and concubinage more loathsome and degrading than any that can be found in the wide world,” Thacher told the convention.[10]

“Mark the universal bleaching out of the colored race in the South, and remember that in that region the Democracy hold undisputed sway. There are there ten slaves to-day with Anglo-Saxon blood coursing their veins, to one pure African.”

“… There are men among you who shriek this cry, who first saw the light in the arms of a negro nurse, and from her breast drew the milk of infancy,” Thacher charged. “Let such men never raise a babble so insane and so reflective of their own history!”

McClellan store SE corner of square 1871 — An 1871 picture of Clark B. McClellan’s store on the southeast corner of Oskaloosa’s public square. McClellan was Jefferson County’s delegate to the Wyandotte Constitutional Convention in Jul 1859. Picture courtesy of the Jefferson County Historical Society.

No direct response answered Thacher’s attack, but near the end of the convention, John P. Slough, another Democrat from Leavenworth County, again expressed his displeasure that the constitution would not block people of African descent from living in Kansas.

“Believing that principle to be right, when I became a candidate for this position, I became pledged to myself as well as to my constituents, to do everything in my power to provide in future for the exclusion of free negroes by a clause in the Constitution of the State of Kansas,” Slough told his fellow delegates. He suggested a future Kansas Legislature should put the question to a vote of the (white male only voters) public.

Slough’s effort failed, but delegates kept up a flow of suggested add-ins and exceptions including free white state provisions, all rejected nearly as quickly as they were proposed. Those clauses would go something like this: Public schools will educate Kansas children, except black or mulatto children; and “All men are possessed of equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness”[11] except for people of African descent (the quoted portion is the first section in the constitution’s Bill of Rights). The edits would switch something like, Kansans have a natural right to control of their own persons, their own bodies, all except for except enslaved people. Other delegates fought to write the constitution in a simpler way to give broad freedoms to Kansans. Legislatures could write laws outside of the constitution to address specific needs of the state. [Read the convention’s final Bill of Rights and Constitution here.]

That last right, having control of one’s person, was pounced upon by Democrats who feared giving escaping slaves that right would threaten the enforcement of the federal Fugitive Slave Law. in Kansas. [ The law allowed slave owners to hunt for and capture runaway enslaved people, even if the slaves took refuge in a free state where slavery was illegal. Under the U.S. Fugitive Slave Law, residents of free states could be penalized if they failed to help capture fugitives and return them to their owners. Enslaved people did not possess control of their persons or bodies.

Samuel A. Stinson, another Leavenworth County Democrat, warned that a Kansas constitution flouting the Fugitive Slave Law would never win acceptance by Kansas voters. He accused the Republicans of grandstanding their abolitionist and fanatical ideas against slavery.

Benjamin Wrigley, Doniphan County, opposed anything that gave enslaved people “control of one’s person” or body. Such a provision went against U.S. law and was a mischievous and hostile slap at the Fugitive Slave Law, Wrigley said. He correctly recognized the dislike of the fugitive law in many quarters.

James G. Blunt, a Republican from Anderson County and later a Civil War major general commanding Kansas troops, said nothing would make him support language in the constitution that would permit enforcement of the Fugitive Slave Law in Kansas. He shamed the Democrats for being eager to obey the commands of their “Southern masters” [the nation’s proslavery power] to enforce the Fugitive Slave Law, which Blunt labeled a crime against the laws of God and humanity.

“…And I am equally anxious that the broad prairies of Kansas, that have been so nobly won to freedom, after a long and bloody struggle, shall never be prostituted as the hunting ground for human prey,”[12] Blunt said.

The constitution’s liberty language was defining for Kansas, and that language still govern today. The very words and debates from the 1859 Wyandotte convention were recounted in the April 2019 Kansas Supreme Court ruling on abortion rights.. The court’s interpretation of the Kansas Constitution’s Bill of Rights as it applied to an abortion-restricting law included study of the debates and deliberations at the Wyandotte Constitutional Convention, and it peered into the reasons delegates shaped the document’s language the way they did, and didn’t. {read

In a portion of its 2019 conclusion, the Kansas justices’ 6-1 opinion said, “We hold today that section 1 of the Kansas Constitution Bill of Rights protects all Kansans’ natural right of personal autonomy, which includes the right to control one’s own body, to assert bodily integrity, and to exercise self-determination. This right allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy.”[13]

More caustic than the Wyandotte convention’s deliberations over free white state-ism or allowing black men to vote in Kansas (rejected) was who should or should not be entitled to public school education in Kansas (public schools were called common schools at the time).

William C. McDowell, the Leavenworth County Democrat, returned to his feeling that black and white men were not equal, and that people of African descent could not be legislated “up to our standard.”

“… It is proper for us to have a clause preventing the negroes having the benefit of our common schools,” McDowell said.[14]

Josiah Lamb, a Linn County Republican, challenged McDowell’s and others “inferiority” argument, asserting that withholding education made people inferior.

“If they come into Kansas at all, let us give them an education,” Lamb said. “The very doctrine of trying to prevent them from having the advantages of common schools makes them an inferior race. Let the Leavenworth delegation petition the Legislature if they don’t want their children to go to school with the blacks, and they can have different schools.”[15]

John Taylor Burris, Johnson County, asked how one class of men could rightly claim Kansas’s public benefits while denying them to other classes of men.

“We must proceed upon the supposition that the blacks are to live in common with the white,” Burris said. “It is supposed that they are to mingle and live together with us.”

“I ask if it is desirable to see that class of citizens growing up in entire ignorance? If they are to live in the Territory they should be made as intelligent and as moral as education can make them.”

William Riley Griffith, of Bourbon County, and who was later elected the state’s first schools superintendent, looked to the horizon and suggested future Kansas legislatures could deal with specifics like the ones the Democrats proposed: “If we incorporate provisions that shall exclude any class, the time may not be far distant when we may wish we had not done so.”^[16]

But the Democrats – who like the Republicans offered many proposals they knew would not succeed but wanted their votes on the record– stuck to their constituents’ assumed wishes. John P. Slough, of Leavenworth County, said he could support public education for black pupils, but they should be separated from white children. Anything that implied forced mixing of the races in public schools would be rejected by Kansas Territory voters, and another proposed Kansas Constitution would fail, he said.

“I shall never consent, by my vote, or by any actions of mine, that those upon whom Nature’s God has stamped inferiority, shall ever associate with my children in our common schools, which I hope to assist in supporting,”[17] Slough said.

Delegates ended up straddling the issue, in a way. Their public schools section did not address the race of children in determining who should receive an education and whether it should be received separately from children of another race. Article VI, Sec. 2 instructed future Kansas Legislatures to “… encourage the promotion of intellectual, moral, scientific and agricultural improvement, by establishing a uniform system of common schools…”

That left the door open for legalized racial segregation, and six years later the Kansas Legislature had passed a law that allowed for racially segregated Kansas public chools.

Still, on July 29, the final day of the convention, Solon O. Thacher of Douglas County was pleased with the constitution the delegates had created. He recounted how the document had gone through fiery debate, “ Every line almost has been subjected to the scorch of high-wrought argument.”

The majority party (the Republicans) had aimed to make the Kansas Constitution the outline of “great civil truths and rights, leaving out, as far as possible, special legislation,” Thacher said.

“But, sir, the feature which most endears this Constitution to my heart, and which will commend it most to the true and good everywhere, is that through every line and syllable there glows the generous sunshine of liberty,” Thacher said. “ No repulsive allusion, no wicked prejudice, no ignorant and heathenish distinction mars its beauty of disfigures its fair symmetry.”[18]

Later that day, the document was adopted by the convention and signed.

Except it was not signed by the Democrats, all 17 of whom refused to put their names on the constitution.

And so began the campaign for the white men of Kansas Territory to embrace or reject the Wyandotte Constitution. The electioneering was described as both lively and bitter, but voters made themselves clear Oct. 4, 1859m when they adopted the constitution 10,421 to 5,530 votes, nearly a 2-1 margin.

[1] The Kansas Historical Society’s Kansapedia content explains all four constitutions and includes transcriptions of their contents in its article “Kansas Constitutions” https://www.kshs.org/kansapedia/kansas-constitutions/16532

The historical society’s Kansas Memory website carries the handwritten Kansas Constitution (Wyandotte) here, along with a text version: https://www.kansasmemory.org/item/90272

[2]From Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 286-287. The final version was in Section 6 of the constitution’s Bill of Rights and read “There shall be no slavery in this State; and no involuntary servitude, except for the punishment of a crime, whereof the party shall have been duly convicted.” You may read the book from the 25 days of the convention, including the constitution and other material at the Hathi Trust Digital Library, https://catalog.hathitrust.org/Record/006570997

[3] Mulatto, an offensive word today, meant a person of mixed race; having one black parent and one white parent.

[4] Delegate Benjamin Wrigley of Doniphan County failed in his effort to work the following into the state’s constitution: nothing in the constitution will be taken to mean “…that the people will be taxed to support schools for negro or mulatto children, or that an enumeration of negro and mulatto children must be made in making a distribution of the schools funds… .“ Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 465.

[5] The Kansas Nebraska-Act in 1854 booted earlier law that allowed slavery in incoming southern states but banned it in incoming northern states. Instead, Congress, bowing to southern pressure, determined that settlers in Kansas Territory would vote on whether to be a slave state or a free state, setting off fierce competition between proslavers and freestaters. Read more about the Act on the Kansas Historical Society’s Kansapedia website: https://www.kshs.org/kansapedia/kansas-territory/14701

[6] The segregation article from the link was published in the spring 2010 edition of Kansas History: A Journal of the Central Plains 33 by Brent M.S. Campney, pages 22-41.

[7] Four of Jefferson County’s six townships (Oskaloosa, Grasshopper Falls, Osawkee and Rock Creek) favored Republican Henry Buckmaster. But one of the two townships going to the Democrat, C.B. McClellan, did so in such large numbers (Kentucky Township, where most of the enslaved people in Jefferson County lived, went 93-2 for McClellan)that it put McClellan over the top. The other township favoring McClellan was Jefferson.

[8] These ideas were repeatedly proposed at the convention, even though they repeatedly lost. Democrats – and the Republicans. too – wanted to be on the record with their votes, both for their constituents back home and for upcoming campaigns, including the upcoming public campaign over the constitution’s adoption.

[9] Mr. McDowell’s speech quoted here can be found in Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 178-179.

^[10]From Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 179-180.

[11] Section 1 of the Bill of Rights in Kansas Constitution reads, in total: “All men are possessed of equal and inalienable natural rights, among which are life, liberty and the pursuit of happiness.” That result is considerably pared down from the convention’s starting point for proposed language.

[12] From Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 277.

[13] Opinion of the Supreme Court of the State of Kansas, No. 114,153 ,page 86.

[14] From Kansas Constitutional Convention: A Reprint of the Proceedings and Debates of the Convention which Framed the Constitution of Kansas at Wyandotte in July, 1859 (Kansas State Printing Plant, Topeka 1920), 178.

[15] Ibid, 183.

[16]Ibid, 175.

[17] Ibid, 177.

[18] Ibid. 569

A Free White State

March 22, 2019March 24, 2019 Liz Leech @jeffcojayhawkers1 Comment

(Please know that this post contains racist and inflammatory language, and unfounded ideas voiced at a point in territorial Kansas history when citizens were preparing to draw up a constitution to bring Kansas into the Union as a new state. Slavery was the question for Kansas statehood , but by 1859 it was understood that Kansas would prohibit slavery. This is the grand act that we remember now: Kansas damned slavery by stamping it out for Kansas. But at the same time, stark racial bigotry had attached itself to other potential decrees to be written into the state’s constitution. It was repugnant, and the next few posts in this blog will look back at some of these defining questions.)

Five years after Kansas Territory opened for settlement, slavery opponents had taken the helm for the final advance to Kansas statehood. The proslavers who had swooped into Kansas Territory with the Kansas-Nebraska Act[i] in 1854 had run into a snag that eventually would keep slavery on the Missouri side of the river and out of Kansas.

Two adversaries — those who favored the ownership of humans and those who opposed it — had battled with ballots and firearms and laws. But bit by bit, by 1858, the slavery supporters knew it was over as they watched freestaters expanding their majority for a “no slavery” Kansas. It had always seemed such a clean question: You were either for or against slavery, right?

Not right. In 1859 there was a third force, probably less ideological and a little less predictable than the other two. It was, frankly, a bit of an ogre and it had been hanging around biding its time at least since 1855. Now, this brute rode along in the important elections leading to the Wyandotte Constitutional Convention, the meeting that produced the constitution bringing Kansas to statehood as a state free of slavery in 1861.

The settlers in this quieter third force wanted Kansas to be a free white state. That meant they aligned with other freestaters and opposed the spread of slavery into Kansas, yes. But they shoved their beliefs in a different direction and proposed banning not only enslaved people of African descent – slavery — in Kansas, but also prohibiting free black people (including those of mixed black and white ancestry)^[ii] from living in Kansas.

Free white state Weekly_Leavenworth_Herald_Fri__Mar_9__1855_ — This newspaper clipping shows the 1855 Free White State Party platform as published in The Kansas Weekly Herald, March 9, 1855, in Leavenworth, Kansas Territory. The image above is from newspapers.com at https://www.newspapers.com/clip/29785340/free_white_state_party_platform/

In other words, the free white state supporters would prohibit all people of African ancestry from living in Kansas. Some of these white staters[iii] put a bitter cherry on top of their soulless scheme for society by suggesting that if they lost their free white state bid, slavery was the only way they could back allowing people of African ancestry in Kansas. There was precedent for this sort of thing, most famously in Oregon.^[iv] Arkansas, too, had just decided to banish free black people from the state.

Economic self-interest, not benevolence for people of a different race, was a prime reason white-staters opposed slavery. They didn’t want to have to break sod, build fences, businesses and homes in competition with the slaveholders who could use the labor of enslaved people. Slavery cheapened the labor of workers, small start-up farmers like those in Kansas Territory and poor whites trying to earn wages or a living from their farms.

Racism was another reason for the white-staters’ desire to keep people of African descent out of Kansas. These settlers claimed that black people were ignorant and inferior to whites.

Before we take up the blurred lines of Kansas Territory political factions and their imprint on the first Kansas Constitution, let me explain why I am writing about this lesser-known other political player in Kansas Territory.

When the Wyandotte Constitutional Convention convened in July 1859, these free white-staters no longer had their own political party, if they’d really ever had one at all. They still had their “no negroes” agenda , and they had opted to keep house with the Democrats. And, as predicted, once the convention was under way slavery was barely discussed before its banishment was written into the constitution.

The white-staters (with the proslavery Democrats) spent much more effort at the convention trying to block free black people from living in Kansas. They snorted and harangued, but were defeated time and again by the Republican majority that controlled the convention. Still, they refused to give up everything and managed to put their mark on the constitution in other ways that would preserve something of their white supremacist beliefs. (We’ll look at those debates in the next post.)

We Kansas Territory history writers focus a lot on the terrible strife that brought Kansas to statehood in 1861. The glorious prize at the end of that struggle, which had been watched closely by the entire nation, was another nail in slavery’s coffin and the magnificent free-state status of Kansas.

We imply by omission that when Kansas Territory joined the Union, liberty and maybe even equal rights for all races had won the day. Kansas would be a progressive state with further rights following soon for women and people of color. That’s the myth. But some of the racist provisions from those 1850s white men stuck around for decades.

JeffCo Democrats Kansas_National_Democrat_Thu__Mar_24__1859_ — These two resolutions are from the Jefferson County, Kansas, Democratic party meeting in March of 1859. At the time this appeared in the *Kansas National Democrat newspaper* in Lecompton, proslavery partisans had been angry about recent Underground Railroad efforts to help enslaved people move through Kansas Territory to freedom in the north. That could explain the language of the first resolutions. The image is from newspapers.com and may be seen at https://www.newspapers.com/clip/11423032/jefferson_county_democrats_oppose/

The early Free White State Party platform (the 1855 newspaper clip from The Kansas Weekly Herald) stated its official goals point by point. But, as an official political party in Kansas Territory, the Free White State Party never really took off. Its racist proposals, however, stayed alive.

The white staters were less visible than the noisy, more extreme members of the proslavery and free-state blocs. That was particularly so during the Bleeding Kansas years (1856 and into 1857) when the bigger question of slavery drowned out white staters. Bleeding Kansas was the era when pro- and anti-slavers formed factional militia groups, shot and stole from each other, burned homes and businesses, tore down fences and destroyed crops all along the Missouri-Kansas border. Voting frauds were so blatant in Kansas Territory that Congress sent a committee to find out what was going on. ^[v]

Andrew J. Francis, an Ohio man who lived in Jefferson County’s proslavery territorial county seat, Osawkee (now Ozawkie), attended the committee’s proceedings in 1856. ^[vi] At that time, A.J. Francis[vii] was a white stater, and he was asked to talk about the partisan strife he had witnessed, and to enlighten the committee about secret societies, both freestate and proslavery, that were said to be operating in Missouri and Kansas.

Mr. Francis explained to the committee that his political position had evolved in the months he had lived in the territory. When he had first arrived in Kansas Territory he was neither a free-state nor proslavery supporter, he said..

But within a few months he found himself helping to organize a free white state political party.

This party would promote the idea of “slavery before free negroes” A.J. Francis said.

“I took the position that slavery was just and legal, but, as a matter of expediency, I would prefer to have Kansas a free State, provided there were no negroes allowed to live in the territory.”

Salmon Brown, son of abolition extremist John Brown, was unhappy about the white staters.[viii] In a letter to his mother in August 1855,^[ix] the young Brown explained that Kansas free-state party was dividing to bad effect. Some were adamantly opposed to slavery, but others, to Salmon Brown’s disgust, wanted Kansas to be a free white state, he wrote from his new home in Osawatomie, Kansas Territory. He found that the white staters wanted either a rigid “black law” to keep black people out of Kansas, or, failing that, they would support slavery.

“This is just what the south wants and just what they have been crowding,” Salmon Brown wrote. “It will answer there [sic] purpose just as well as a slave State.”

Oddly, another man irked by the white staters was a proslavery man, Lucien Eastin. Eastin was editor of The Kansas Weekly Herald in Leavenworth and his newspaper had published the Free White State Party Platform , shown in the newspaper clipping, on March 9, 1855. Eastin accused the party of trying to trap voters’ support by sugar-coating and white washing their principles.

They were uniting with the ultra abolitionists [abolish all slavery, offer rights to black people] on their common desire for a free state, but ignoring their obvious differences about free blacks in Kansas, Eastin wrote

“For disguise it as they may, it is an abolition movement, to secure the cooperation of all who might favor a Free State, under certain circumstances, and with certain restrictions,” Eastin wrote.

“Thus it can be seen the abolitionists at Lawrence, and the Free White State men of Leavenworth, are making a ‘union of effect’ to make Kansas a Free State. “

Eastin chided the white staters for failing to consider where free black people would go, if states like Kansas were to prohibit them.

“Certainly not to the Slave States, for they won’t receive them. But they are for driving them out, regardless of humanity or right, caring not what becomes of them. A Free State we should suppose is the very place for free n—–s. And if this is made a free State despite [the free white state platform endorsers], it will be the harbor of free negroes, and runaway slaves,” Eastin wrote.

The white staters hopped between the Free State political party (because both would prohibit slavery) and Democrats, the dominant proslavery party. But in 1859, the Free State Party, after some bitter divisions, had become the Republican Party, a more progressive party that tilted toward liberty for all. Understanding the free white staters’ disinterest for black peoples’ rights, the Democrats tugged at the white-stater vote as the territory approached its fourth effort at writing a constitution.[x] And thus, the prejudices of the white staters accompanied delegates into the town of Wyandotte for the 1859 constitutional convention, set to begin July 5.[xi]

As the convention neared, the state Democratic Party and county-level Democrat organizations through the territory called for Kansas to be a free white state. And in an almost annoyed tone, the state Democrtic Party released slavery from their Kansas agenda “… and whereas, the Slavery question is practically settled in favor of a Free State beyond the possibility of further controversy…”

The Democrats’ platform, adopted in May 1859, also accused Republicans of backing the impossibly radical idea of “Negro Equality.” It was an argument they employed during the campaigns to elect constitutional convention delegates [xii] to draw more voters like the white staters to the Democrat side.

But the party’s main point was this: “Resolved, That we assert the original and essential inferiority of the negro race, and hereby call upon the Constitutional Convention to prohibit negro and mulatto suffrage, and exclude all free negroes from the future state of Kansas,”[xiii] read the state Democratic Party platform.

The Republican state party platform opened by slamming the Democrat administration in Washington and its appointed government overseers in Kansas Territory. Those forces had oppressed freestaters and disregarding rights, allowing violence and fostering corruption. (Click here to see both party platforms.)

The Republicans resolved “…That freedom is national and slavery sectional, and that we are inflexibly opposed to the extension of slavery to soil now free.”

An abolitionist’s fiery condemnation of white staters came from The Geary City Era in Doniphan County in Kansas Territory’s most northeast corner. His column was reprinted by The Anti-Slavery Bugle in Lisbon, Ohio, (Click here to read the full article)

“For is it not practically denying the humanity of the Negro, yes, placing him below the level of the brute creation, to forbid him coming within the limits of the new State of Kansas, on which thousands of dollars, and thousands of human lives have been spent and sacrificed for the now empty word Freedom,” wrote the Kansas newspaper’s junior editor, Earl Marble. He continued, decrying the hypocrisy of the white staters.

“Is this Freedom? If it is, then the world has as yet but seen the sunny side of slavery! Was it for this that the once glorious Free State party was organized?”

“Yes! All their [white state] efforts have ended in — Freedom for the white man, but Slavery for him whom nature has seen fit to clothe in darker skin!”

Jefferson County was allowed only one delegate to the upcoming Wyandotte Constitutional Convention and he voted with the white staters every time one of their issues came up. On June 17,1859, Jefferson County voters elected the Independent Democrat, Clark Beveridge McClellan[xiv] to represent them at the convention. C.B. McClellan had defeated (on a vote of 278 to 249) Republican Dr. Henry B. Buckmaster.

Another Jefferson County man ably explains the sentiments of white staters. Among Jefferson County’s very earliest settlers was a group of Missourians who set up a hard-working and long-lived farming community in the east central part of the county, Plum Grove. William John Meredith,[xv] the grandson of one of those 1854 pioneers, wrote a story about the community’s people, crops, marriages and work, including bits about the politics of the day. Meredith didn’t offer what political party his grandfather and other settlers preferred in 1850s Kansas Territory, but if I had to guess, I would say they supported a free white state. In painting a picture of those settlers, Mr. Meredith wrote:

“They were Southern folk, small-farmer type, from Virginia, east Tennessee and Kentucky, who, to escape the ruinous competition of the plantation system, had journeyed by way of the Wabash valley ‘as far west as any man could then get an acre from the public domain.” They had moved to Clay County, Missouri, in the 1830s and to Jefferson County, Kansas Territory, in 1854.

“No, they didn’t expect any trouble out there with the Emigrant Aid Yankees [for the abolition of slavery] and such. And they didn’t intend to have anything more to do with the blatherskite Proslavery politicians than they’d ever had at home [in Missouri].”

But then came the conflict between the freestaters and the Lecompton gang[xvi] of proslavery politicians, Meredith wrote. “All around them there was fighting; night raids, personal feuds magnified into ‘border outrages,’ house-burnings, plundering, horse thieving, mobs and lynchings, each side damning the other for aggression and retaliation.”

William John Meredith’s people didn’t care to be involved in the fighting, he wrote. His estimate was that nine out of every ten newcomers were free labor men, seeking homes. “Just everyday common folks, easy to get along with if they weren’t stirred up by the good-for-nothing politicians.”

“Anybody with his eyes open could see that next time an election was held there’d be a landslide “that’d bury the `Lecompton gang’ so deep a coal miner couldn’t find’m”-unless the Free Staters kept up their childish policy of ‘opposing and thwarting and fomenting trouble.”

The Merediths and their Kansas Territory neighbors had friends and family back in [proslavery] Missouri. When the Civil War opened, Meredith wrote, they didn’t join their neighbors who volunteered to fight for the Union. Instead they enlisted in the local militias ordered to defend their homes and counties.

“They certainly had no lust for shedding the blood of their confederate kin. But with a clear conscience they could serve the nation and the state in repelling invasion. That naturally wouldn’t be understood by their newcomer neighbors from the states so far North that all Southerners were like foreigners to them.”

(To be continued)

[i] The Kansas-Nebraska Act allowed voters in territories to determine whether a state would allow slavery or not. The act replaced the Missouri Compromise, which had set out that northern states, like Kansas, would not allow slavery and states south could allow slavery. More information is in this Kansas State Historical Society Kansapedia article: https://www.kshs.org/kansapedia/kansas-nebraska-act/15159

[ii] “Mulatto” was a race category term, back then, used for people of mixed black and white ancestry. After Kansas became a state, early censuses documented whether people were white, black or mulatto.

[iii] Sometimes the term “free soilers” comes up in Kansas Territory readings. It is possible it meant the same thing as free white staters, but making a distinction between them and freestaters. Nationally, there were free soilers, as well as Independent Democrats, linked to the same belief.

[iv] Read about Oregon’s free white statehood here on the Oregon Encyclopedia website. Arkansas, in 1859, banished free people of African ancestry. See the link the Arkansas Encyclopedia of History and Culture, next. https://oregonencyclopedia.org/articles/exclusion_laws/#.XIItROhKiUk http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4430

[v] Congress sent three members to Kansas to gather facts about voter fraud (large numbers of Missouri non-residents were voting in Kansas elections to swing the vote for slavery) and violence in Kansas. The congressmen produced a massive report, Report of the Special Committee Appointed to Investigate the Troubles in Kansas : with the views of the minority of said committee. The report documented, precinct by precinct, numbers of people eligible to vote in several elections and then the resulting numbers of people who voted in the elections, numbers that never failed to disagree.

[vi] Andrew J. Francis’s testimony is contained in U.S. House of Representatives Report of The Special Committee Appointed to Investigate the Troubles in Kansas; with The Views of the Minority of Said Committee, Cornelius Wendell, printer, Washington, 1856, p 910-921. The report is filled with examples of voting frauds, crime and violence in the proslavery versus free-state struggles.

[vii] I wasn’t able to find out as much about Andrew J. Francis as I had hoped. Tracking his whereabouts 10 years after he testified proved fruitless. After his 1856 committee testimony, he showed up in various Kansas Territory newspapers as a Democrat. In 1861, during the Civil War, a bizarre story about his communicating with a secessionist in Missouri surfaced in a newspaper. And in 1865 he had announced his candidacy for city attorney in Atchison.

[viii] “White staters” is not a political label I saw anywhere in the newspapers, periodicals, books or election returns I reviewed for this blog post. I applied the name to distinguish between people who wanted Kansas to prohibit free people of African descent from living in the state, and the Democrats and Republicans.

[ix] The letter is held by the West Virginia Department of Arts, Culture and History. Salmon Brown to his mother, Mary Ann Brown and Family, August 20, 1855; Boyd B. Stutler Collection, Ms78-; His Soul Goes Marching On, the Life and Legacy of John Brown,a West Virginia Archives and History Online Exhibit. You can read the letter here: http://www.wvculture.org/history/jbexhibit/bbsms05-0028.html

[x] Of the three earlier proposed constitutions, the Lecompton Constitution was the most notorious because it would have enshrined slavery in Kansas (until the Civil War and the end of slavery). The first proposed constitution, the Topeka Constitution, would have prohibited slavery but also included the free white state provision of banning free people of African descent. The Kansas State Historical Society’s Kansapedia details the four constitutions here: https://www.kshs.org/kansapedia/kansas-constitutions/16532

[xi] Once Kansans voted (again) to create a constitution for the state, delegates were elected by the voters, based upon county populations. The delegates, presumably, would take their constituents’ desires to the constitutional convention where the document would be written, line by line, with debate over what would be in the document. The proposed constitution would be submitted to voters again. If they approved the constitution, it would go to Congress where the U.S. House and U.S. Senate would act on it. If it emerged, it would go to the president for final approval.

[xii] The June 17, 1859, elections of delegates to the Wyandotte Constitutional Convention was the first time Republicans (a new political party) faced Democrats in Kansas Territory. The old Free State Party had been broken up and replaced by the Republican Party.

[xiii] Maybe it’s just me, but it seems odd that the party first wants to block people of African descent from voting, and then it wants to bar them from the state. Did they think the free black people would adopt the early Missouri border ruffian strategy of popping into Kansas to cast a vote and then go back home in some other state?

[xiv] C. B. McClellan, a popular Oskaloosa merchant from Ohio, had moved to Kansas Territory in November 1857. His obituary said McClellan was an “Independent Democrat” who voted with Republicans and was the first freestater elected as county treasurer in Jefferson County. In the next post, this blog will detail C.B. McClellan’s votes and actions at the Wyandotte Constitutional Convention, where he opposed slavery in Kansas but voted with Democrats in favor of a free white state.

[xv] William John Meredith was the grandson of original Plum Grove, Jefferson County, settlers. Before moving to Missouri in the 1830s, the families had hailed from Virginia and Tennesse. The excerpts of Meredith’s writings came from The Old Plum Grove Colony In Jefferson County, 1854-1855 by William John Meredith, Kansas History: A Journal of the Central Plains, November 1938 (Vol. 7, No. 4), pages 339 to 375. The entire piece is here:

https://www.kshs.org/p/the-old-plum-grove-colony-in-jefferson-county/12769

[xvi] Lecompton was the capital of Kansas Territory. Its governors were appointed by the administration in Washington, which was proslavery. The territorial officials carried out the administration’s policies, which were illegal and unjust in the eyes of many abolitionist and freestate settlers, as well as in the eyes of more non-partisan settlers like Mr. Meredith.