The slaveholders and the Douglas Democrats of the North were in high glee over the decision, and hardly stopped to read the powerful dissenting opinion which had shattered it to atoms. They caused thousands upon thousands of copies of the decision to be printed and distributed among the ma.s.ses of the people. The Free-soilers did the same thing with the opinion of Justice Curtis. It was not many weeks before it became entirely manifest that the cause of slavery had lost immensely by the decision, and the cause of free-soilism had gained in the same degree. Justice Curtis had demonstrated that the decision had cast the responsibility for the further extension of slavery upon the nation, and the nation now began to show its resolution to meet its responsibility by acquitting itself of any partic.i.p.ation in this great wrong, in the only manner now left to it, that is, by preventing it.

The nation could no longer deceive itself with the idea that it could stand neutral. The Court had actually swept away the dogma of "popular sovereignty" in the Territories. The nation must now {459} neither prohibit, nor allow the Territorial governments to prohibit, slavery within the Territories, as the decision would have it, or the nation must itself prohibit it, as the dissenting opinion would have it. When these alternatives were distinctly recognized as necessary and exhaustive, it did not take the nation long to decide which course it must pursue.

{460}

CHAPTER XXII.

THE STRUGGLE FOR KANSAS CONCLUDED

The Lecompton Convention Ordered--Robert J. Walker and F. P.

Stanton--Stanton and the "Free-state" Men--Walker's Address--The "Free-State" Legislature and Ma.s.s-meeting--The Plan to Capture the Territorial Legislature by the "Free-state" Men--The "Free-state" Men in Majority in the Territorial Legislature--The Lecompton Convention--The Lecompton Const.i.tution--Only the Slavery Article to be Submitted Fully to the People--Protest of the "Free-state" Men--The Extra Session of the New Territorial Legislature--Stanton Removed--Lecompton Const.i.tution With Slavery Adopted--The "Free-state"

Men Capture the Lecompton Government and Reject the Lecompton Const.i.tution--Denver Advises the President Against the Admission of Kansas Under the Lecompton Instrument--The President's Message of February 2nd (1858)--The Pa.s.sage of the Lecompton Bill by the Senate--The Rejection of the Bill by the House--The English Bill--The Rejection of the Lecompton Const.i.tution by the People of Kansas--A Fourth Government for Kansas--The Struggle for Kansas Closed--Dr.

Robinson--The General Government--Mr. Jefferson Davis--The Beginning of Error and Wrong--Brown's Atrocities--The Forerunners of War.

According to the dictum of the Court in the great case reviewed in the preceding chapter, slave property was lawful in Kansas during the Territorial period, and could be first dealt with by the const.i.tutional convention, which should prepare the organic law for Kansas as a Commonwealth of the Union.

{461} [Sidenote: The Lecompton convention ordered.]

Already before the promulgation of the decision, the Territorial legislature had provided for the holding of the const.i.tutional convention at Lecompton, and for the election of the delegates thereto. This election was appointed for June 15th, 1857.

It was certain that the "Free-State" men now outnumbered the pro-slavery men, and that upon a fair census, registration, and distribution of seats, and with a fair election and count, they would be able to secure the majority in the convention. But could they consistently partic.i.p.ate in an election ordered by, and under the control of, the Territorial government? Many of them felt that they could not. Others, however, were inclined to do so, if the regulations were impartial. They examined the provisions made by the Territorial legislature for the machinery of the registration and the election, and found that they were grossly favorable to the pro-slavery party.

They also found that the legislature had made no provision for submitting the const.i.tution which might be framed to the vote of the people.

[Sidenote: Robert J. Walker, and F. P. Stanton.]

While the "Free-state" men were deliberating upon this matter, the new Territorial officials appointed by the new President appeared.

President Buchanan had selected Robert J. Walker, of Mississippi, to be Governor, and F. P. Stanton, of Tennessee, to be Secretary, of the Territory. Both of these men were capable, honest, and resolute.

Walker was a shrewd politician, indeed, but he was fair-minded and faithful to his plighted word. Stanton arrived on the scene about the middle of April. Walker came a month later. Stanton, therefore, was Acting Governor during the first month of his residence in the Territory.

[Sidenote: Stanton and the "Free-state" men.]

Stanton went to Lawrence, on the 24th, and urged the {462} "Free-state" men to take part in the approaching election. He had, however, already apportioned the representation in the convention on the basis of the existing census. It was evident that he was unaware that this was unjust to the "Free-state" men. Seeing this, the "Free-state" men made a counter proposition for a new census and apportionment, and for an impartial control of the elections. Stanton did not think he had the power to conclude an agreement with them on this basis, and the negotiations fell through.

[Sidenote: Walker's address.]

The new Governor now arrived, and bent all his energies to induce the "Free-state" men to partic.i.p.ate in the election. He issued an address, in which he solemnly declared that he would secure honest elections and returns, and pledged himself that the const.i.tution, which the convention might form, should be submitted to the people for ratification or rejection. He also threatened that he would enforce the laws of the Territory. His idea seems to have been to create an Administration party, which would win a majority of the seats in the convention and make Kansas a Democratic non-slaveholding Commonwealth.

The pro-slavery men discovered the plan at once, and accused the Governor of leaning toward the "Free-state" party.

[Sidenote: The "Free-state" legislature and ma.s.s-meeting.]

The "Free-state" men were not yet, however, ready to trust the Governor. They thought it wisest to maintain their own organization, and make the Governor feel their power. On June 9th the "Free-state"

legislature a.s.sembled, to provide for the election of successors to the existing members and officials. Along with it was convoked a sort of ma.s.s-meeting of citizens. The legislature was at first without a quorum, and never had an honest quorum. {463} This fact was sedulously concealed from the Governor, while the orators at the ma.s.s-meeting raised enough dust and smoke to cover up the real condition of affairs. They made the place fairly blue with their bl.u.s.ter and their threats, and the little Governor was greatly impressed by the apparent seriousness of the situation.

[Sidenote: The plan to capture the Territorial legislature by the "Free-state" men.]

By this time, however, the "Free-state" men had become considerably discouraged in regard to the admission of Kansas into the Union under the Topeka const.i.tution. The Senate had given the application the cold shoulder, and had, apparently, laid it aside permanently. The prevarications of Lane were said to have produced this result. As matters now stood, Robinson and the more conservative men of the "Free-state" party began to consider the advisability of attempting to capture the Territorial legislature, by partic.i.p.ating in the election of members, which was to take place in the following October. They felt certain that upon a true census and a fair apportionment, and with an honest election, they could win a majority of the seats in the legislature, and would then be in a position to nullify the work of the Lecompton convention, which, on account of the abstention of the "Free-state" men from the election of the delegates, would be packed with pro-slavery representatives.

The matter of first importance was to obtain a true census. Senator Wilson, of Ma.s.sachusetts, was at the moment in Lawrence, conferring with Robinson and his friends concerning the state of affairs, and he strongly advised these gentlemen to take a correct census under the auspices of the "Free-state" government, and to nominate candidates for seats in the Territorial legislature, and elect them. He felt so decidedly about the matter that he offered to secure the funds necessary to defray the expenses of taking the new census.

{464} Robinson and his friends were now convinced that this was the wise course, but they knew that it would be difficult to persuade the radical elements in their party to go with them. The ma.s.s-meeting at Topeka of June 9th had voted to stick to the "Free-state" government, and a convention of the "Free-state" men had a.s.sembled on July 15th to provide for its continuance. This convention, after nominating candidates for the legislative seats and for the offices, and resolving to adhere to the "Free-state" government, recommended the people to a.s.semble in ma.s.s convention, at Gra.s.shopper Falls, on the 26th of the following August, to take action in regard to the partic.i.p.ation of the "Free-state" men in the October election of members of the Territorial legislature, since Governor Walker had declared that this election would be held under the laws of Congress, and not under the acts of the Territorial legislature, and had pledged himself to secure an honest election. It was evident from this that the conservative element in the "Free-state" party had won the day.

Before the day appointed for the Gra.s.shopper Falls convention had arrived, the new census had been completed under the direction of the "Free-state" government, and it was morally certain that the "Free-state" men could elect a majority of the members of the new Territorial legislature. When the convention a.s.sembled, it therefore resolved, by a large majority, that the "Free-state" men should partic.i.p.ate in the October election, warning the people, however, of the seriousness of the undertaking, and cautioning them against over-confidence in success.

The Lecompton convention a.s.sembled on the seventh day of September, and, after organizing, adjourned to October 19th, as if to await the result of the election of the members of the Territorial legislature.

{465} [Sidenote: The "Free-state" men in majority in the Territorial legislature.]

This election came off on October 5th. The Governor remained true to his pledge of protecting the ballot-box. The presence of United States soldiers discouraged any movements from Missouri, and peace reigned at the polls. The returns from the counties of McGee and Johnson were, however, so manipulated by the pro-slavery election officers as to give the majority of the seats in the legislature to the pro-slavery party. These returns, as well as those from the other counties, were, however, to be canva.s.sed finally by the Governor and Secretary. The "Free-state" men now demanded of them the fulfilment of their pledge of pure elections. The "Free-state" men had their newly taken census, and they convinced the Governor and Secretary that about ten times as many votes had been returned from these localities as there were residents in them. Walker and Stanton threw out the fraudulent returns, and gave, thus, the Territorial legislature to the "Free-state" men.

[Sidenote: The Lecompton convention.]

Two days before the Governor announced his intention of purging the returns of the frauds committed by the pro-slavery men in regard to them, and while the excitement about them was intense, it was suddenly discovered by the conservative "Free-state" men that Lane was working up a conspiracy for using violence against the members of the Lecompton convention. He, as commander-in-chief, had ordered the "Free-state" forces to a.s.semble in Lawrence on October 19th for that purpose. The conservative men at once set themselves against this movement, and after a serious struggle happily won the day. They appointed a ma.s.s-meeting of the party at Lecompton for the following week, as much to protect the members of the convention against any sudden attack by {466} Lane and his reckless adherents as to watch their const.i.tution-framing work. Before the meeting took place the Governor had announced the rejection of the fraudulent returns, and had thus deprived the "Free-state" men of all excuse for violence.

Some boisterous speeches were, nevertheless, indulged in at the meeting, but the convention was allowed to complete its work in peace.

[Sidenote: The Lecompton const.i.tution.]

[Sidenote: Only the Slavery article to be submitted fully to the people.]

The convention framed an instrument after the Missouri model, and incorporated in it an article guaranteeing the property in slaves already within the Territory. The convention then framed an independent provision in regard to slavery as a permanent inst.i.tution of the new Commonwealth. This provision alone was to be fully submitted to the vote of the people. The people must take the Lecompton const.i.tution with slavery as a permanent inst.i.tution, or the Lecompton const.i.tution without slavery as a permanent inst.i.tution but containing a guarantee of the slave property already in the Territory.

The day appointed by the convention for the voters to signify their approval or disapproval of the provision in regard to slavery as a permanent inst.i.tution was December 21st, 1857, and the day designated for the election of members and officers under the new const.i.tution was January 4th following.

[Sidenote: Protest of the "Free-state" men.]

The "Free-state" men regarded this submission of only a single article of the const.i.tution to popular vote as a fraud upon the principle of "popular sovereignty," and demanded of Stanton, who was then discharging the Governor's duties, in the temporary absence of the latter, that the Governor's pledge as to the full submission of the proposed const.i.tution to the people at the polls should be redeemed.

Stanton bravely resolved to keep the Governor's word of {467} honor, although he believed it would cost him his position.

[Sidenote: The extra session of the new Territorial legislature.]

What the "Free-state" men asked of him was to convene at once the new Territorial legislature, in which the "Free-state" men now had a majority of the seats, for the purpose of giving it the opportunity to order the full submission of the Lecompton const.i.tution to the suffrages of the people. Stanton yielded to their request, and called the legislature to meet at Lecompton on December 7th. This body at once resolved to submit the proposed const.i.tution fully and in all its parts to the people, to be adopted or rejected by them at their pleasure, and appointed the 4th day of the following January as the time for taking the vote.

[Sidenote: Stanton removed.]

Stanton was immediately removed from office by the Administration, and General John W. Denver, of Virginia, at the moment Indian Commissioner, was a.s.signed to the duties of Acting Governor in the Territory.

[Sidenote: Lecompton const.i.tution with slavery adopted.]

The "Free-state" men resolved to take no part in voting upon the slavery article of the Lecompton const.i.tution, since they must take this const.i.tution either with or without slavery as a permanent inst.i.tution, and could not vote against the const.i.tution as a whole.

Consequently the Lecompton const.i.tution with slavery as a permanent inst.i.tution was, so far as the returns of the voting on December 21st were concerned, adopted. According to these returns six thousand two hundred and sixty-six votes were cast for it. Of these, nearly three thousand were afterward shown to be fraudulent. Between five and six hundred votes were cast for this const.i.tution without slavery as a permanent inst.i.tution. None were counted against it _in toto_. That is to say, out of a {468} voting population of about fifteen thousand, less than four thousand were in favor of this const.i.tution in either form.

The more prudent of the "Free-state" men now thought, however, that it would be wise to partic.i.p.ate in the election of members and officers of the Lecompton "State" government on the day fixed by the Lecompton const.i.tution, January 4th, 1858. They were to vote fully at that time, as we have seen, upon the Lecompton const.i.tution, by order of the Territorial legislature, now in their hands. They felt certain of defeating the const.i.tution, and they knew that they could win in the election of the officers and members. They nominated a ticket with G.

W. Smith at its head, as their candidate for Governor.

[Sidenote: The "Free-state" men capture the Lecompton government and reject the Lecompton const.i.tution.]

On January 4th, more than ten thousand votes were cast against the Lecompton const.i.tution entire, and only about one hundred and fifty votes were cast in its favor. The "Free-state" men also elected their candidates for the offices and seats in the government created by the Lecompton const.i.tution.