A Free White State: Constitution Writing, Liberty and Racism

(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

 

Captain Jesse Newell and His Rifle Company, Continued: J.B. Hazen’s Lawrence Avengers, 1863

Dearest reader,

This post isn’t about Quantrill’s Civil War raid on Lawrence, Kansas.

This post won’t filibuster whether  it was the poorly fortified  abolitionist town’s  own  fault it was attacked on Aug. 21, 1863, or whether the brokenhearted confederate Missouri brush dwellers slaughtered 150 to 200 Lawrence people at  their homes and businesses because four to 10 of their female loved ones died or were injured in a Union prison collapse.

We won’t analyze whether it was the indiscriminately thieving, effective, vandalizing  Kansas Jayhawkers or the drunken, fiendish, proslavery  Missouri Bushwhackers who were on the side of right. The rebel  Lost-Causers’ stalwart celebration of treason and the injustice, horror or meritorious necessity of Kansas’s retaliatory General Order No. 11 doesn’t interest us.  All of that and more await you in books, articles, papers, websites, podcasts, bits of it here, here, here and beyond.

Capt Hazen Lawrence Av milit roll crop aug 29 1863 p1 (2)
This image is part of a page showing J.B. Hazen’s quickly assembled Oskaloosa militia three days after Quantrill’s raid on Lawrence. Named the “Lawrence Avengers,” the militiamen elected Hazen  their captain.  The rest of the document is at the bottom of this post. It is from the Kansas State miscellaneous militia papers by county on this page. of the Jefferson County section on kansasmemory.org  Kansas State Historical Society, page 31.

Instead, we look north from Lawrence to find Jerome Napoleon Bonaparte Hazen in Oskaloosa, Jefferson County, and observe an illustration of  the young state’s response to Quantrill’s  massacre. Within three days of the massacre, J.B. Hazen had organized an Oskaloosa militia company called the “Lawrence Avengers” under state militia regulation.  A good share of the members who populated this early roster, including J.B. Hazen, had been radical freestaters who had fought, scouted and voted to make Kansas a state free of slavery during the turbulent Kansas territorial years.

early oskaloosa report quantrill p3 The_Oskaloosa_Independent_Sat__Aug_22__1863_
This article appeared on page 3 of the Aug. 22, 1863, Oskaloosa Independent newspaper, one day after the Lawrence massacre.  The image is from  the newspapers.com website.

News of William C. Quantrill’s early morning assault on Lawrence  had tumbled across the prairie to incredulous neighbors in Oskaloosa and nearby Kansas towns.  Some could see the smoke over Lawrence.  Unthinkable rumors fluttered in.

But they didn’t yet have the full story of Quantrill’s confederate guerrilla slaughter of about 180[1] men, older boys and some soldiers in Lawrence.  The next day,  a few  newspapers carried haunting snippets about Quantrill’s killing raid on Lawrence, the state’s center for anti-slavery partisans.  By then it was too late for anyone to ride 20 miles from Oskaloosa down to Lawrence to prevent or stop the assault.  John W. Roberts[2] , the publisher of The Independent, decided to go with the little he had for his weekly newspaper the next day, Saturday. (See newspaper clipping, “Lawrence Burnt.”)

Within another day, daily newspaper columns were filled with details of the atrocities, street by street, house by house, corpse by corpse, in Lawrence.  Outraged calls for punitive violence against Quantrill and his Bushwhackers screamed through Kansas, whose Union army soldiers were already fighting near and far in the Civil War.  

Chicago_Tribune_Mon__Aug_24__1863_
The Chicago Tribune put this headline on its page 1 story on Aug. 24, 1863.  The image is from the newspapers.com website.

The state of Kansas responded.  Kansas Gov. Thomas Carney quickly fired off  General Order No. 1 calling the state’s home militia into active service to protect Kansas from what citizens feared would be future Quantrill-like attacks.

In the regular army, Brig. Gen. Thomas Ewing doomed key Missouri counties on the Kansas border with  General Order No. 11, warning the nation that his troops would be wiping out shelter for Bushwhackers and guerrillas in Missouri counties along the Kansas border, vacating those counties.  It was an action loudly applauded in the heated aftermath of Quantrill’s murders, but turned Missourians, including Union-supporting Missourians, against Kansas. Go to Missouri today and you will find General Order No. 11 well remembered on the border.

In addition, regular army recruiters like Charles R. “Doc” Jennison, leader of “Jennison’s Jayhawkers,” the Seventh Kansas Cavalry, were sent out to raise new regiments and fill in old ones with new recruits.  Their goal was to rid the earth of confederate guerrillas and their attacks on Kansas civilians and troops.  (One of Jesse Newell’s sons, Mitchell “Doc” Newell, had joined up a couple of months earlier and was  sent off with other Oskaloosa boys in the 5th Kansas Cavalry to do such a job.  A chilling account published years later describes such a raid.)

J.B. Hazen, Oskaloosa, had already served in the Civil War, joining one of U.S. Sen. James H. Lane‘s own brigades, the Fifth Reg., Kansas Cavalry,[3] from July 1861 until March 23, 1862.[4]   He was discharged for disease or disability.    Hazen also was in Jesse Newell’s Rifle Company in 1859, helping escort Underground Railroad conductor John Doy’s rescue squad back into Kansas. (You might recognize Mr. Hazen from his 1867  wagon train journal about his overland move to California, detailed in this blog.)

After Quantrill’s raid, Hazen was early to put together an Oskaloosa cavalry for the state militia, responding to Kansas Gov. Thomas Carney’s militia call for men aged 21-45 not in regular military service to enroll to protect their towns and homes “… from murder and rapine.”[5]

Throughout Jefferson County and the state, militia groups coalesced precinct by precinct.  Carney’s order activated militia organizations that were already organized at some point, since militias were signed on at the war’s beginning in 1861.  Men 21 to 45 years old who were not yet enrolled were ordered to enroll, if they were not in the regular army. These smaller precinct-level militias were combined and combined again to form larger county and multi-county state militia regiments.  As Hazen’s crew was combined with other Jefferson County militia organizations, it lost its “Lawrence Avengers” name.  The regiments, including some Jackson County sections, were under command of Col. Azel W. Spalding.

In Osawkee, once Jefferson County’s proslavery headquarters, old freestater Ephraim Bainter organized “Bainter’s Rangers” on Aug. 31, 1861.  Included on its roster was Valentine F. Newell, Jesse Newell’s oldest son. The “Jefferson Rangers” formed in Sautrell/Sautrelle Falls[6] on Sept. 5, 1863.  The full roster of the original “Lawrence Avengers”  is at the bottom of this post.

The militia regiments, once filled and their officers elected, were required to conduct weekly drills and be ready to defend Kansas, within Kansas.  I haven’t yet found whether Jefferson County’s  militia was called to action in 1863, compared to the massive militia participation in 1864 to protect the border.  A forthcoming blog post will look a little more closely at some of the 1863 Jefferson County militia groups.

Meanwhile, while militias readied to defend their town squares, Kansas was incandescent with calls for retaliation and campaigns to destroy the Missouri guerrillas’ hideouts.

Sen. James H. Lane addressed a crowd in Leavenworth six days after the massacre in Lawrence, charging that the confederate guerrillas hiding in the Missouri border counties could be stopped only one way.

“I will tell you what I want to see,” Lane was quoted as saying, Aug. 28 Leavenworth Times, and outlining the policy of General Order No. 11.  “I want to see every foot of ground in Jackson, Cass and Bates counties burned over — everything laid waste.  Then we shall have no further trouble. The bushwhackers cannot then remain in the country, for they will have nobody to feed them — nobody to harbor them — nobody to provide them with transportation — no place to sleep in, and will have thirty-five miles further to march before they reach Kansas.”

Regiments like Jennison’s had used 1850s Kansas-Missouri border war tactics in Missouri, scouting and harassing enemies, stealing horses, liberating enslaved people.  And while these “Jayhawker” methods were criticized and shamed before and again after the war, the methods were exactly what people were clamoring for.

John W. Roberts of The Oskaloosa Independent lauded Ewing’s General Order No. 11 and suggested that if he had issued it before the massacre and if Jennison already had his new regiment in place, the tragedy might have been prevented.

Hoyt and Jennison dates The_Leavenworth_Times_Sat__Sep_5__1863_
This notice ran in The Leavenworth Times Saturday, Sept. 5, 1863.  The image is from the newspapers.com website.

Jennison and George H. Hoyt, later a lieutenant colonel for this unit, barnstormed the state recruiting the Fifteenth Regiment Kansas Volunteer Cavalry, as broadcast by this advertisement, left.  Other Jennison notices shouted: “No compromise with Rebels! — No quarter to Bushwhackers!  Desolation Shall Follow Treason Wherever this Regiment Marches!”  The ad promised rifles, revolvers and sabres for  the regiment.

Jennison and Hoyt, or at least Hoyt, brought their Death to Traitors campaign to Oskaloosa. The Oskaloosa newspaper’s observation about the speech in its Sept. 15, 1863, edition, said that Captain Hoyt had said many good things in his speech.  But.

“… we protest against the useless amount of profanity which characterizes too much of the public speaking of politicians in Kansas,” the brief article said.  “The English language is strong enough to give expression to any idea proper to be uttered without the use of profanity or vulgarity.  We hope there will be a reform in this particular.”

And of Mitchell “Doc” Newell, who enlisted as a corporal in the Fifth Kansas Cavalry at age 18, the Fifth being merged into Jennison’s new Fifteenth?  He managed to survive the war.   We don’t know much about his service beyond the state’s military records, except for a chilling story written by an anonymous “Jayhawker” in 1889.

In one of the many war-time reminiscence stories published (so much) later,  an anonymous writer described going on a mission in the Missouri woods with members of the young Newell’s Fifteen Kansas Cavalry and Capt. Charles F. Coleman of Kansas Ninth Cavalry Regiment.  The writer admired the stealthy skill of Coleman, who like a deer hunter hid like the Bushwhackers did in the thickets in the woods, waiting for his chance.

Coleman had designed a the plan through which the Kansas soldiers would trap and kill the bushwhackers in their hidden camp on Dry Creek, and six of Quantrill’s raiders died that night, “Jayhawker” wrote.

mitch newell by jayhawker The_American_Nonconformist_and_Kansas_Industrial_Liberator_Thu__Apr_11__1889_
This clip is from an article written anonymously by “Jayhawker” in the American Nonconformist newspaper, Thursday, April 11, 1889.  Image from newspapers.com. The article, entitled “War on the Border By “Jayhawker.”  Chapter III” may be read on the newspapers.com website here.

[1] The number of dead has been reported variously from 150 to 200,  but more recent accounts put the number in the 180 range.

[2] John W. Roberts was editor and publisher of  his weekly, The Independent (renamed The Oskaloosa Independent), from July 1860 into 1892, although Roberts did not move from Ohio to Kansas until 1862.

[3] The 5th Kansas Cavalry was a unit set up by U.S. Sen. James H. Lane when President Abraham Lincoln gave him the extraordinary designation of brigadier general in 1861, meaning Lane could vault over normal procedure and raise troops himself.  Lane’s 3rd and 4th regiments, along with the 5th Kansas Cavalry, were called Lane’s Brigade.  Lane’s securing such power caused consternation for Kansas Gov. Charles Robinson, who held the duty of organizing the state’s military units, and his supporters. Washington powers were well aware of Lane’s strong ties to his Kansas men, many from territorial days, and the recruiting power he would have. More:  http://www.civilwaronthewesternborder.org/encyclopedia/lane-james-henry

[4]   From the Report of the Adjutant General of the State of Kansas, 1861-’65. Vol. I Volume 1, pt. 1-2 – Primary Source Edition, p. 138.

[5] Quoted text is taken from General Order No. 1 as it was published in Kansas newspapers. https://www.newspapers.com/clip/22868830/gov_carneys_general_order_no_1/

[6] Sautrell or Sautrelle Falls had replaced Grasshopper Falls as the the name of this Jefferson County town. “Sauterelle” is the French word for grasshopper so the town apparently didn’t go far enough with its image makeover, and the town is now Valley Falls.


The Kansas State Historical Society has digitized the handwritten county militia records from the Civil War on its Kansas Memory website. This link takes readers to the beginning of the Jefferson County portion of page, Kansas Memory Item 227858, page 910.

The pages below show a post-Quantrill’s raid state militia organization in Oskaloosa, Kansas, the Lawrence Avengers, organized Aug. 24, 1863, by J.B. Hazen.  The page may be viewed on the Kansas State Historical Society’s Kansas Memory images, Item 227858, page 940, here.    

Capt Hazen Lawrence Av milit roll p1
Roster names, with name information added by the author: J.B. Hazen, W.D. McCain, William L. Deming, James Covert, George Layton, Joseph Woodhead, Elvin G. Bell, E.G. Seachrest, Joseph E. Clark, A.J. James, Walter Norman Allen, M.J. Bundy, Simon C. Gephart, J.C. Smith, F. Smith, William D. Trapp, Benjamin Hoskinson, Ezra Schlosser Conwell, Lemuel Evans, Dwight Gillmore, Boughton H. Ball, John Newell [Jesse Newell’s son], A.B. Casebier, Levi Shrader. This image is from kansasmemory.org Kansas State Historical Society.
Capt Hazen Lawrence Av milit roll p2
N.W. Taylor, John Guthrie, R. Lyman, Henry Alderman, B.N. White, Joseph Fitsimons [Fitzsimmons], Abraham Newell [Jesse Newell’s son], Joseph Downing, James C. Smith, R.R. Larson, Horace Gibbs, D. H. Leaverton, T.H. Dick,  F.T. Leavell, H.O. Finch, B.F. Finch, C.E. Smith,  G.A. Brown, Whitfield Casebier, Chris E. Norton,  L. [?] F. Cowan, E. Evans, Matthew R. Dutton, Loren Willits, Joseph Gill Rowling, Terry Critchfield.  This image is from kansasmemory.org Kansas State Historical Society.

Capt Hazen Lawrence av p3 John Newell, w d trapp , r lyman m r dutton p 3 (2)
This image is from kansasmemory.org Kansas State Historical Society.