'Tis even handed justice commeuJa the iugredients of the poisoned chalice to oiw own Hpa."— Shakspeake. NEW YORK : 18 5 9. ^-^^#^ ..^-^^^^^^fr^— :-g^e^, i Glass, Book. JOHN BROWN, ■ i'O ^'^^ AS vikwk:i> by e len from some inoffensive settler. These things became curiosities ; they drew crowds to his lectures, and his lectures paid. His lies put money in his pocket ; they added eclat to profit. Col. Forbes in a letter to Dr. Howe of Boston, gave his reason why Brown should be stopped in his ii:ad career, and the arms of the Aid So. ciety should be taken from him : Among others, was this : " Fourth. Because some of the hands engaged by him are highly ob- jectionable ; for example, when Brown was in the first Kansas troubles, he was", by his own men, robbed of horses, &c. Now, a young man whom he asserted had helped to rob him has been re-engaged, for the reason that he did an audacious act, going with three others to Missouri, to the house of another John Brown, whence they took money and horses; after the troubles in Kansas were over, and B. had left; thence they went to another house and did in the like manner, and though pur- sued, they got away with the booty. Reprisals and foraging for the common stock are justifiable in war, when ordered by the directing pow- er, but such things, if permitted to be done by individuals, for private gain, constitute brigandage; the robbery of comrade < is, however, the worst of all pillage. I remonstrated against the engagement of that per- son, but B. told me he had already done it ; his admiration for the desper- ate feat effaced every other feeling." Such was the character of one of Brown s men. But look at them all, both the dead and the living, and a score of lower, meaner, more debased "iousey, chrietless, (xod- forsaken" devils never lived, Stevens John Brown. 19 was a deserter from the U. S, army, the least that could be said of Lim. Edwin Coppic " always enjoyed the reputation of a reckless, dare -devil fellow, possesing much more physical fortitude than principle." He had a "depraved and vicious nature," and was a regular negro-thief. That is the least that can be said of him. Albert Hazlet was a Pennsyl- vania defaulter and a New York horse-thief, saving his bacon in the lat- ter place, '• by turning State's-evidence and giving testimony against his confederates." Thus we might go on from "Jeremiah Anderson" down to "J. Henrie Kagi," and up to old Brown, and we would find the whole crew to be unmitigated scoundrels and practical brigands. What a comment on the piety of this man, that every employee was either a thief, a murderer, or a notorious vagabond ! Well might he ex- claim, if there be any salvation for so mortal a sinner, however penitent, that his detection and conviction would " but work for him a far more exceeding and eternal weight of glory." Some one has written a few admirable verses on " old John Brown," of which the following is the first : "Old John Brown, a man of renown, Whose crimes are an unwritten story, Has carved his name on the pillar of fame, And covered his/whtre with glory." The glory of the gallows ; the renown of meeting the deserved fate of a convicted traitor; the honor of atoning for a life "black as night" in a death " terrible as hell." so John Brown. V. JOHN BROWN AND COMPANY. " Jolin Brown has figured as a hero ia Kansaa. The time will come when history will be ventilated, and instead of a hero he will stand before the country in hia true character." — Georgk W. Brown, a Kansas Rkpubucan. / JOHN BEOWN AS A HERO. / Cicero was a hero. Eloquent, a man of genius and high moral in- stincts, he spoke and wrote and used his influence against conspirators, and all whom he considered enemies to his country's peace. Loved by the people, he was yet banished their presence ; but the love they boro him restored Cicero to the light and liberty of his adopted home. Proconsul of Cecilia, he gave great satisfaction by the impartiality of his administration. A partisan with Pompey in his civil war with Cae- sar, he proved himself to be a ready soldier. A leader of the ISenate, by his famous philippics against Anthony, he made himself "the idol of the people;" but they drew upon him the bale of Anthony's malice, and he ha/1 to answer for them with his head, under the second triumvi- rate. " His head and hands were conveyed to Rome and, by the orders of Anthony, nailed to the Rostra." No sane man will deny that Marcus Tullius Cicero was a hero. His genius, his services to hia country, his banishment and ignominious execution, made him a martyred hero, as distinguished as ever died on the block. It was no morbid sentimentality that gave this illustrious Roman the character of heroism in history. When Octavius gave him up, and Cicero found he must die, ho " stretched forward his head to the execu- tioners, and called upon them to strike," He had committed no crime, and could afford to defy the hatchet and its minions. In him, this was heroism indeed. But what must be the Btate of that society which can John Brown. 21 throw ai'ound John Bro'.vn the luaotle of a hero ? He has not a siosle attribute of heroism, unless the spirit which made Benedict Arnold a traitor, and the deeds which constituted John A. Murel a murderer and counterfeiter, are parts of heroism. The Baltimore Exchange, which is one of the ablest papers in the country, makes the following sensible remarks : " It is just to add, however, that various circumstances, besides those which we enumerated, have helped to raise Brown to the position of hero in the eyes of the people of the North — and prominent among these are the false and exaggerated views of Brown's character and pur- poses which have been originated and disseminated at the South. Cou- pled with sympathy with the treason, we everywhere find, at the North, admiratija for the traitor. He is the " brave oil man" — the " noble old man" — the " great," and even the " God-like" man. A sculptor has travelled all the way from Boston to Charleston to take a cast of his features, for the purpose of perpetuating them in marble. The second day of December — the day on which Brown is sentenced to be hung — is to be kept as a day of fasting and humiliation by thousands of people. In fine, Brown is destined to receive, and already receive , the honors which are due only to the most exalted heroism and the purest patriot- ism. For this. Southern men have themselves, in a great measure, to thank. They have magnified unduly the importance of Brown, and particularly his fortitude and courage." r The people do not seem to know that " there is a courage which, in the face of death, takes possession of the meanest and weakest natures — i the courage of despair." The tiuth is, ihAti\ie courage of despair is the/ only kind which Brown ever had, except it is what we have heretofore defined to be the " courage to do wrong, to cheat, to kill, and to steal.*' The Exthange further says : •' How idle, then, to talk about Old Brown's courage, as if there had never been men before him — or as if many a poor wretch, condemned to death for sheep-stealing or shop-lifting, has not shown as much forti- tude as he ! Yet it is this quality which has contributed so largely to elevate Brown to the position of a hero at the North, and which has won the admiration of Gov. Wise. What other claims to respect or sympathy Old Brown possesses, we are at a loss to imagine. Had he killed the unarmed gentlemen who were prisoners in his hands, he would not have been more the fiend he proved himself to be when he sought to let loose, upon the homes and fields of Maryland and Virginia, 22 John Brown. and the peaceful community in which he had dwelt without harm or mo- lestation, the horrors of murder, rape and arson, and all the barbarous consequences of a servile war. Nor is there any reason for supposing that Old Brown spared his prisoners from any other motives than those of policy--while there is ground for believing that this very a3t of mer- cy is one of the mistakes which he regrets that he committed." 1 have quoted thus largely from the Exchange, no less because its re- marks are weighty, than because I desire to show that there are others who think as 1 do, and who arc able to express their thoughts clearly and with signal ability. I am pleased to observe that the llichmond Enquirer id altering its position as to Brown's character : I also quote from the Enquirer: " It is established, beyond doubt, that since his trial Brown has pre- varicated about a matter concerning which he could not have committed or innocently given rise to any mistake. Before the committing magis- trate, when Gov. Wise was reciting Brown's previous avowals, the Grov- ernor described Brown as avowing that the negroes sent off under Cook's escort were to be "run off." He was interrupttd by Brown himself, who declared the Governor to be mistaken in that part of the statement. Brown ind ignantly denied that he intended to run off the negroes ; asserted that they were only sent away to remove the arms left in the mountains, to prevent them from falling into the hands of the civil authorities ; that the negroes were to return, armed, to fight for their own freedom. This was qualified only by the further assertion, that no injury was intended against such slave-holders as should peace- ably submit to the emancipation of their slaves. No declaration of ab- solute intention to incite insurrection could be more explicit or unmis- takeable. " Now compare this with Brown's late declaration : " I never did in- tend murder, or treason, or the destruction of property, or to incite slaves to rebeUio7i, or to make i)isurrection.'^ These stubborn ficts go strongly to disprove the character for honesty which has been so fre- quently claimed for and conceded to John Brown." The jE?j(yMzrer having done much to make Brown a hero, it is pleas- ing to see it taking steps towards making amends for so serious a fault. When it ceases to regard Brown as a man of " extraordinary courage," it will then, and not till then, have purged itself of the fault of having aided in giving old Brown the false character of a hero. It is as true as that light makes day and its absence darkness, that when the history of John Brown. 23 •the Kansas excitement ib written, that " John Brown, instead of a hero, will stand before the country in his true character" — that of the murder- er and hypocritical fanatic, who can die with a lie in his mouth, and face the terrors of the scaffold with a conscience unpurged of all the sins in the calendar of crime. We would commend to Southerners who will insist on Brown's characteristics of a hero, the following "four estimates of John Brown," The Rev. Mr. VVayland, of Worcester, compares him to "Patrick Henry, Otis, and Warren." Also, declares that " History shall trea- sure his worJs, and youth shall repeat them on the stage of boyish declamation." Wendell Phillips says he is a greater and a better man than Wash- ington was, and that if he is hanged it will take more than two Wash- ingtons to be born in Virginia to wipe out the wrong. The Hartford Courant compares him to Algernon Sydney, Hampden and Cromwell. Also, declares that ho is a hero. (When the news of the murders first came, it declared he ought to be hung as a felon.) Wm. James Watkins, (negro,) who addressed a Republican meetiag at Broekett's Bridge, New York, on the evening of November 2d, de- clared of him that " he was a hero, as brave and as holy as the sun ever flashed upon." Al?o, that " Washington does not deserve to be men- tioned in the same day with Captain John Brown." I give them as they are found floating in the newspapers. Such a comparison is almost enough to make disunionists of us all ; to create a desire for non-fellowship with people so lost to justice as to desire the pardon of a felon, and so blind to their duties as patriots as to deify a traitor. Think of John Brown's being greater than Washing- ton, and equal to Algernon Sidney, Hampden and Cromwell! But what shall we say when a convicted traitor to the country is compared to Otis who plead, and Warren who fought for the liberties Brown aimed to subvert ? What shall Virgiuians say when a grovelling negro thief is held to be a compeer of their own Patrick Henry, whose patriotism was only equalled by his eloquence, and whose mind was as " independent as an eagle in his eyrie I" Of a verity, John Brown, if all were true that is ssid of uim, is a "hero as brave and as holy as the sun ever flashed upon ." 24 John Brown. The Christian Abolitionists of New England are to celebrate Brown's birth-day and " martyrdom." " Ye hypocritcB ! are these your pranks'— To murder folks and then give thanke '' Forhear, I say ! proceed no further, For God delights in no such murder. ' ' Robert Burne never penned a happier verse. f VI EPISTLE TO AN ANONYMOUS CORRESPONDENT. [Published in the New York /itraW.] *' K he sowet] ibc wind, he might haTC expected to reap the whirlwind." — Sentimbwt mou TiiE Bible. Norfolk, Va., Nov. 3, 185&. To the Editor of the Herald : Having received an anonymous letter which I desire to answer, 1 re- quest that you allow me to do so through your journal, as the author is unknown and the newspaper is the only channel through which a reply •would probably reach him and those for whom it is intended. The letter follows. It is without date, but postmarked New York. THE LETTER, To H. C, Pate — Border Ruffian and Pet of the President : — There is an old saying, of which you have probably heard, that " Pot- John Brown. 25 should not call kettle black." You call Brown an outlaw. What have joubeen? Any better ? You call yourself Henry Clay Pate — you can- not blame your mother for giving you that name ; but don't bring in that honored man in such hideous connection. Why not H. C. and the rest ^ You are determined it shall not be broken Pate, at least. Old Brown, I grant, is a vile incendiary, and his course condemned by all parties, but '* those who live in glass houses should not throw stones." The cause which drove Brown into such excesses and maddened his brain, should make you blush to own. Think of a President who refused the assist- ance of the United States troops to prevent murder, and who rewarded the murderer with the oflSce of United States Marshal. Eead the en- closed statement of facts, and say what you would have been under less provocation. Yours &c. plain truth. From a Jeffersonian Republican. THE ENCLOSURE. " The history of the provoking causes of Brown's Kansas career are thus stated by the Cleveland Herald : " John Brown had a son, \L. P. Brown, who near Easton that winter (1855-56) was taken prisoner by the Missouri ruffians and confined in a store.. Then it was an express visited Fort Leavenworth, and begged that United States troops might go to the spot and save Brown from being murdered. That was refused, and refused too, in compliance with positive orders from Washington. What followed ? Capt. E. P. Brown was helpless and alone in the power of the pro-slavery men ; that band of ruffians struck him, and he rose to his feet and asked to be permitted to fight the best man among them — he would fight for his life — but the cowards dared not give him a chance. Brown then dared any two or three of them to fight him, but the cowards would not comply with that request. •' Then the fiends in human shape rushed upon the unarmed, and defence- less Brown, and actually hacked him to pieces with their hatchets. A slaveholder named Gibson, dealt the fatal blow, burying a hatchet in the .side of Brown's head, splitting his skull four inches, and scattering his brains. Brown fell, and his enemies jumped upon him. While dying Brown cried out, " Don't kill me — I am dying;" and one of the pro- slavery wretches — since then awarded with a commission as United States Marshal — stooped over the prostrate man and spit tobacco juice in his eyes 26 John Brovni. " Thus died Capt. E. P. Brown— a free State Martyr — the sod of John Brown, known as Ossawatomie Brown. ^ •' From that time forward the .old man devoted himself to warfare upon slavery. He became the leading free State partisan in the Kansas troubles. He was the terror of the Missouri frontier." REPLr. The mendacity of your letter id only eqalled by the ignorance it dis- plays, and surpassed by your own cowardice in sending me an anony- mous note. It would not be noticed if it were the only one of the kind I have received, and did not reflect the sentiments of a large number of Northern people known as black republicans and abolitionists, amongst whom I have been vilified for the last three or four jrears. It i3 to their sense of justice and reason — if they have them — I would appeal, through you, for a respectful hearing at least. That I am, according to popular prejudice at the North, a "border rufiian," it will not be denied ; but that 1 am a real ruffian you shall be put upon the proof, if my proposition, herein made, shall be accepted. But I do deny most emphatically that I am the " pet of the President." If I am a pet of Mr. Buchanan, the subscriber is not awnre of it, having never received a crumb of comfort from his hand, nor the least evidence of his favor, but instead, his disfavor. Although I have not asked of him anything for myself, I have been denied something for a friend. That show of disfavor, however, did not make -me an enemy of his administration, as it might have done you, and I am ready to defend it, so far as becomes any good democrat. Whatever else you may say of the President, he "has not that sin to answer for," the sin of "petting ".the subscribing border ruffian. You ask, if Brown is, an outlaw, what am I ? I would put that question to you. I have never been in the penitentiary, although some of your friends have tried to get rae there. Brown has, it seems, from pretty good testimony, I never killed a man, white or black, nor a woman, in cold blood, or in any other way, though your abolition organs have charged it on me ; Brown has. I never robbed and burned a house, albeit I stood accused in Dr. Grihon's attempt at a book, with that same ; Brown has. I nevor stole a negro, notwith- standing it has been published that I hooked one, which turned out to be my own ; Brown has, by his own confession and the admission of his warmest admirers. I have never been found guilty of treason, insurrec- tion and murder, and sentenced to be hung for those high crimes, which John Brown. 2T your friends have not had the face to charge upon mo ; John Brown ha?. Then why insinuate that I am an outlaw ? Only because I am a slave- holder ? If that be so, I rejoice to find myself in such excellent com- pany as Gov. Wise, Senator Hunter, Secretary Cobb and Suijuen A. Douglas, not mentioning thousands of the truest patriots and best of men, including that illustrious statesman in his grave, whose name you pretend to think I dishonor. (Do you suppose his spirit would not blush to own an admirer of a traitor to the country he loved so dearly, and served so faithfully, like you, to be an admirer of himself?) You think Brown " is a vile incendiary," aad " condemn hia course." Why then do you volunteer as his advocate, and my traducer on his account ? Possibly you hate the treason, but love the traitor. You disclaim the murder but adore the murderer. You condemn the theft, but admire the negro thief. You despise house burning, but patronize the " vile incen- diary." Your excuse about equals your logic, and your logic compares favorably with your intelligence, of which you have little to boast, judging from the only evidence before ma. It is entirely new to me that E. P. Brown, killed at Eaaton, was a son of old John. It was not talked of at the time, nor afterwards, and I do not believe he was any more of kin to Ossawatomic Brown than you are — though your relationship may not be very distant,. As to tho circumstances of his death I know nothing, but I do not entertain the idea that they were such as described by the Cleveland Herald. No man abhors cold-blooded murder more than I ; none would go farther to punish it, or sooner denounce it, in friends as well as foes, as I have done. Who is the murderer referred to, is as little known to me as to you — perhaps less. That he was rewarded for the deed by the Presi- dent, or that the troops when needed were withdrawn by his order, is as untrue as that you are " most ignorant of what you are most assured." You evidently refer to Mr. Buchanan, when, if you knew as much as you think you do, you would know that General Pierce was President at the time E. P. Brown was killed, the date being given in the ex- tract from the Cleveland Herald which you sent me. Old Brown says he went to Kansas to " fight the battles of freedom." Redpath states that for thirty years he " secretly cherished the idea of being the leader in a servile insurrection." The -' Jefi"ersonian republi- cans " furnished him money to go to Kansas, and gave him the where- withal to begin the war; and Old Brown has none but himself and his friends to blame. If he sowed the wind, he might have expected to reap the whirlwind. If he appealed to the sword, he ought to bo wil- 28 John Bro'um. ling to die by the sword. If he resorted to the hx talionis, he should be ready to abide by the law of retaliation. If he invoked assassina- tion, could he complain of others killing in self-defence ? " 'Tis evea handed justice conamends the ingredients of the poisoned ahalice to our own lips," If any of Brown's sons were murdered, I do not know it. The proposition I have to make is this : Your letter being post- marked New York, I presurae you are a New Yorker, and as you have hinted at a want of courage on my part, in referring, very ungrammati- cally, if not in extremely bad taste, to a " broken Pate," I will come to New York, hold a discussion with you, if you are a respectable person, or any of your party, on the subject of your anonymous communication, and my course in Kansas, with an incidental defence of Mr. Buchanan's administration if necessary. Or, I will come and speak alone, if you prefer it. The speech or discussion must take place in some promineot hall, and the proceeds, if anything is charged for admission, shall go ta the fund for the purchase of Mount Vernon, or the erection of the Washington Monument, as I may designate. Vou can make known the acceptance of the proposition through the New York papers, and I will come on and prepare for the occasion. Should you prefer to come South, I can assure you of polite treatment, and that you will receive satisfactory evidence that I am not a ruffian. Yet you will find that I " know my rights, and knowing, dare maintaiii them." H. CLAY PATE. To Plain Trutb. New York. •John Brown. 20 vn. THE BATTLE OF BLACKJACK. ■" He who fi^hU »nd ruas a-yay, shail liye to fight another day." — Hudihuac ITS HISTORr. This battle was fougin at Black-jack Point, in Kansas Territory, on the second of June, 1856. I was encamped at that place, with about twenty-five men ; myself acting under the orders of T. W. Haya, U. S. Marshal for the Southern District of Kansas. On the 24th day of May, 1856, the Pottawatomie Creek massacre took place. My readers are already acquainted with the nature of that transaction. The statements of Mrs, John Doyle and son, and Mrs. Allen "Wilkinson, as sworn to before competent officers, are in existence, and I think were published aloug with the minority report of the Hon. Mr. Oliver of Missouri, one of the Kansas Investigating Committee, whose report in full was printed by Congress in 1856. There is no doubt of this massacre ; and there is no less doubt that the five persons killed were inoffensive — in fact, a party of more peacable citizens could not have been found in the limits of the Territory. Their only offence was that they voted with the pro-slavery party. [t has been alleged that they had threatened John Brown's life. It was not true. Allen Wilkinson was the most conservative member of the first Legislature of Kansas ; so much so, in fact, that he was not considered a reliable party man, and was suspected of free-soilism. William Sherman was a German cattle-trader. Old Mr. Doyle and his sons lived quietly on a claim, and were farmers on a small scale. Living in a free-soil neighborhood, it was their policy to take no active part ia the struggle as to whether Kansas should be a slave or free State. 30 John Brown. The subject was up between Old Brown and myself at CharlestowD, on the 22d November last, and he did not pretend to deny that he killed the fire settlers as stated, nor is it worth while for his friends to do so. The evidence is overwhelming igainst them. It was when I heard of these murders, that I raised a company of emigrants and marched to the neighborhood of the troubles to join those in search of the guilty parties. Brown had fled. The free-soilers pledged themselves to assist in his capture, and a few did so — principally those about Paola and Staunton, It so happened that the Marshal, after failing to find Brown on the Merais de Signe, divided his forces and sent me to the neighborhood of Prairie City, near which Brown was encamped with his band of outlaws. While camped at Black- Jack, I sent out scouts to discover if any- thing could be heard of the murderers ; some of these scouts, contrary to orders, acted very improperly, by interfering with free-soil settlers in an unwarrantable manner. Taking advantage of such outrages^ Brown rallied to his standard all the neighborhood, and sent to the ad- jacent towns for help. I was attacked early in the morning of the 2d June ; most of the men being asleep when the alarm was given. We were soon surrounded, and after fighting three or four hours, were taken prisonerB in the manner hereafter stated. I am now enabled to publish a stitement, which goes to confirm all I have ever alleged about Brown's treachery in taking me prisoner under a flag of truce. I went to Charlestown, and had an audience with the prisoner. The reader is referred to this STATEMENT. The undersigned were present at an interview between Capt. H. Clay Fate, and John Brown, in the jail at Charlestown, Virginia, November 22d, 1859, and make the following statement : In relation to the viola- tion of the flag of truce, by Capt. Brown, at the battle of Black- Jack, in Kansas, he said that if the truce was violated by him, it was uninten- tional, but admitted that when the flag came to him, it was borne by Henry James, one of Pate's men, accompanied by a free-soiler, (taken prisoner and held as a spy in Pate's camp, as we learn from Capt. P.) ; that when Pate's request to meet whomever might be in command, and " have a talk." was made known to Brown, who was the commander of the .opposite party, he (B.) requiring James to remain, sent back the John Brown, 31 free-soiler to say thai he (Brown) would meet Capt. Pate himself ; that he went out and met Brown, who after asking him if he had any pro- posals to make, flatly told him that he would hear to none but a surren- der ; that Pate said he would reply on returning to and consulting his company ; that Brown refused, calling to his aid his most reliable men, and requiring Pate to advance in front of them, so that he and James- would receive and fall by the fire of both his own and Brown's men, in case either fired. Capt. Brown admittel that some of his party were close to him at the time he required Pate and James to accompany him and surrender, although he placed little or no reliance on them. When Capt. Pate declared that he was in B's power, having relied upon hie good faith in respecting the truce, and could not help himself, and that the truce was not ended until he was back in his camp, in the same posi- tion he occupied before the truce was granted, Stevens, Brown's fellow- prisoner, of his own accord, spoke out earnestly, and said with emphasis "the flag was violated." It was agreed between Capt. B. and Capt. Pate, that when Brown's company, with Pate and James in front, came near Pate's company. Brown required Pate to give the order to surrender, which Pate refused to do, after which his men threw down their arms, of their own notion, seeing their desperate situation, and the danger of their Captain. During this interview, Capt. Brown said that he had never imputed cowardice to Capt. Pate, but declared then, as he had done on all occasions, public and private, that the latter gave him the hardest fight he had in Kansas, and that he and his company bore themselves bravely during the fight, and gentlemanly during their im- prisonment, and that Black- Jack was the only good fighting by pro- slavery men that he «aw in Kansas. Capt. Brown admitted that he had twenty-five reliable fighting men during the battle; and also that as soon as Captain P. and company were prisoners, there were perhaps seventy, and perchance one hundred men armed and equipped, on the ground, to share the spoils with him. He however said that Capt. Shore and company had left the field, and that he did not depend on anj' but his " twenty-five " reliable men for aid in the fight. (He was sorry to admit that some who were with him, were found wanting, for reasons he would not mention in words.) We were present during the entire interview, and the above facts may be relied on. .TAS. ED. NA8H, Petersburg, Va. JOHN AVIS, Jailor. JOHN J. H. STRAITH, M. D. 32 John Brown. The entire number of Brown's party, I could not certify to with par- ticularity, but I have always contended there were over' one hundred. It is clear that the truce was violated, because I should have been per- mitted tD pla03 myself in the same position I was in when the truce was granted, before hostilities were re-commeuced. The truce would not have been ended until I was back in my camp. It will be seen at a glance that Brown acknowledges enough to show any reasonable man, that he violated the truce. He kept men near him whom I did not see for the tall prairie grass, and was in that way able to overpower me and Henry James. I did not surrender, but was treacherously taken. In making such acknowledgements as those cer- tified to above, Brown did a simple act of justice, and no more. MT FIRST ACCODNT, I here give .some extracts from my account of the battle as publiabed iu ihe St. Xoais Republican, under date of June 9th, 1856. Patting my command under the United States Marshal, we, led by Company C, United States Dragoons, Capt. Wood, scoured the country for the murderers. They could not be found at the place where it was said they were fortified and prepared to fight. On the morning of Sat- urday, 21st May, the Marshal divided his forces, sending them in various directions. He ordered my company to Hickory point and neighborhood. Saturday night we camped at Black-Jack point, near by, and remained there till Monday. On Sunday afternoon, four of my company, who were scouting, fell into the hands of the very party of assassins whom we were in search of. Two escaped to bring the news, but escaped narrowly — a shower of balls fell on all sides of them as they galloped away. I at once prepared to be attacked, and selected a spot for camp near some ravines which were calculated to yield protection. A strict watch was kept all night, but no alarm was given. However, about an hour by the sun, the mounted guard on the South rode into camp and gave notice of the enemy's approach. Although every man but the guards was sleeping, in five minutes all were in line but one or two. As the enemy came in sight they were hailed and asked, " Who are you ? — what do you want ?" This was repeated, bat no answer came except bullets, and they came pretty thick. As soon as could be, the men were got in a near ravine, which protected them from the enemy's fire, but before this could be ef- fectually done, five of my boys were wounded, viz.: R. A. Wood, E. Mc- Goldrick, formerly of Greorgia ; James McGee, of One Hundred and Ten John Brown. 33 Creek, K. T.; J. B. Lambert, late of Richmond, Virginia; and Tim. Conelly, late of the battle ground. Wood shot in the throat, the ball passing through the lungs and out under the shoulder blade ; McGoldrick, shot in the mouth — teeth and half the tongue carried away. These two are thought to be mortally wounded, but are doing well. James McGee, wounded — getting well; Lambert, shot through ihe shoulder — recovering; and Connelly, wounded in the thigh — convalescent. At first the enemy squatted down in open prairie and fired at a dis- tance of from three to four hundred yards from us. Their lines were soon broken and they hastily ran to a ravine for shelter. Both parties being sheltered, less damage was done to either — none to ours after going into the ravine. Our tents were on a point exposed, and it was danger- ous to go to them for anything ; yet when anything in them or the wag, ons was needed, some of my brave fellows would have it, at every haz, ard. At one time we were in need of caps, which were in a bag in one of the wagons; M. B. Hurst, a private, risked his life and got them, in spite of a hail-storm of bullets that whistled around him. Henry James, a young man of nineteen, son of Judge Ja-jnes, the Sac and Fox Agent, proved himself a hero. No less than half a dozen times he risked his life for necessary things in the camp. In the ranks of the enemy, a young fellow, more rash than wise, would jump up and crow exultingly, every few moments. Young James stealibily crept to a tent nearest the enemy, and, by raising the wall, entered without being seen. With his knife he cut a port hole in the tent wall, and, when the rash young gentleman jumped up to crow again James shot him down before he finished. Just before the youth fell, several told him he would get a bullet through him if he did not behave, and he got it. After the firing had gone on for about three hours, there was a lull which I took advantage of in order to have an understanding with the captain of the opposite party. When the fight commenced our forces were nearly equal, but I saw that reinforcements for the Abolitionists were near, and that the fight would be desperate, and, if they persisted, not one would be left to tell the tale of carnage that most follow. Ma- jor L. B. Washington, who was wounded slightly in riding ofiF early ia the engagement, was sent for reinforcements for us. My object was to gain time and, if possible, have hostilities suspended for a while. With this view a flag of truce was sent out, and an interview with the captaia requested. Captain Brown advan>jed and sent for me. I approached him and made known the fact that I was acting under the orders of the U. S. 34 John Brown. Marshal, and was only in starch of persons for whom writs of arrest had been issued, and that i wished to make a proposition. He replied that he would hear no proposals, and that he wanted an unconditional surrender. I asked for fifteen minutes to answer. He refused, and 1 •was taktii prisoner under the Jiag of truce, a barbarity unlocked for in this tountry, and unheard of in the annals of honorable warfare. He had men concealed near him, who pointed their Sharp's rifles at me, and I had no alternative but to submit, or run and be shot. Had I known whom I was fighting, I would not have trusted to a flag of truce. The enemy's men w^ere then marched up to within fifty paces of mine, and I placed before them. Captain Brown commanded me to order mj company to lay down their arms. Putting a revolver to my breast, he re- peated the command, giving me one or two minutes to make the order. He might have shot me ; his men migli* have riddled me, but I would not have given the order for a world, much less my poor life. Brown had violated the most sacred rules of warfare; he had shown himself devoid of honor, and death was better than surrender to such a man ; but the company, seeing the situation I was in, voluntarily laid down their arms to save the life of their captain. We were taken to a camp on Middle Ottawa Creek, and closely guard- ed. We had to cook for ourselves, furnish provisions, and sleep on the ground, but were not treated unkindly. Here we remained three days and nights, until Col. Sumner, at the head of a company of Dragoons, released us from our imprisonment. Brown and his confederates were the men engaged in the Pottawatto inie massacre, and whom I was authorized to arrest. In fact, as I say to ay friends, I went to take Old Brown, and Old Brown took me. H. C. P. ADDITIONAL EVIDENCE. At the time we were taken, 1 had about twenty available men. At the beginning of , the fight, there were some thirty odd in my camp, Surveyor John D. Pennylaker, with a few men, having come into my camp the night before. Tie now resides in Rockingham county, Virr ginia, and is the Senator elect from that district. Mr. Pennylaker has recently published statements confirmatory of mine, as regards Brown'.s treachery. W. H. Brown, a young gentleman of Alexandria, Virginia, wrote a letter from Plattsburg, Mo., June 20th, 1856, to the Alexandria Ga- zette, in which after denying that I surrendered, he says : " I was one under Capt. Pate's command, who is as brave an offieer as ever unsheathed John Brown. 35 a Bxvord — as were all of his officers — acd are men not educated to surren- der to equal numbers." Col, Joseph C. Anderson, of Lexin'^ton, Mis- souri, furnished an account to the Lexington Express, in which he says : " Capt. Pate and his email posse, who had been called out by the Deputy Marshal, were overwhelmed by a superior force of outlaws, under the lead of Brown." The Hon. John T. Hughes, of Indiana, Col E. C. McCarty, of Missouri, andW. H. Kussell, Esq., of Kansas, whose names are too well known in the west to need an endorsement, made a public statemsnt of aflFairs in Kansas, dated June 11th, 1856, at Leavenworth City. It was printed in the Missouri Republican, and other papers of that State. They say : " On Saturday the 24th day of May, a party of them (abolitionists) in Franklin county, mardered a Mr. Wilkinson, old Mr. Doyle, and two of his sons, and two of the Shermans,* all in the same neighborhood. These murders were committed in the most shocking and most barbarous manner, and it is said that some of them were dreadfully mutilated before they were killed, by cutting off their hands, noses, and the like. Thus it is that men have been dragged from their beds at the dead hour of night, and their throats cut amidst the cries and entreaties of their wives and children, and that without mercy. " On the 2d day of June, Capt. H, C. Pate, and twenty- eight men, were out in the neighborhood of Black- Jack Point, near the Santa b'e road, forty miles from Westport , for the purpose of executing certain writs upon those who had violated the laws, and was attacked by a guerilla party of abolitionists, commanded by one Brown, numberin*' one hundred and twenty-five men. After a sharp conflict, in which Capt. Pate had some of his men severely wounded, (and as it is be- lieved two of them mortally wounded,) he hoisted a flag of truce. Capt. Pate sent one man and a prisoner, whom he had with him, to oarry the flag of truce to the Captain of the assailants. They were sent back with the demand that Capt. Pate should bear the flag himself. He did so, and when he came up under a flag of truce, Brown ordered twelve of his men to seize him and bold him as a prisoner of war. They * It was thought for some weeks that Henry Sherman was killed also. He was not murdered then, but the same crowd killed him the next year. The murder of "Dutch Henry " was atrocious. The outlaws said tiiey would " have " him, and they "got" him at last. 36 John Brown. then held a cocked pistol to Capt. Pate's breast and told him if he did not order his men to surrender, they would blow him through !" 1 might go on, almost ad infinitum, with evidences substantiating all I have ever said in my defence, connected with the battle of Black- Jack, but I will stop here. My enemies, of whom I have more than my share, have endeavored to injure me by iasisting on false accounts, which they know to be utterly worthless. Fortunately, I have been vindicated by the very man through whom they have endeavored to ruin nae. Even their own statemfents are so contradictory, that they prove themselves false. One declares that I was taken with six men, without my fifing a gun, another that Brown took me with nine men, and another with ten, another with thirteen, another sixteen, and so on. The worst that can be said of me, is that I made a mistake at Black- jack, in trusting myself to the protection of a flag of truce, which I certainly would not have done, had I known that Old Brown was dealing with me. I am consoled when remembering that Gen. Washington was defeated in his first battle. That did not keep him from becoming a great General ; it rather aided him in that same, for the school of ex- perience is the best at last. And now I promise my friends, should I ever have another chance, that such a mistake will not be made by me again. I did not surrender at Black-jack, and I never intend to, if I can help it. I should mention befjre concluding this chapter, that anothet object of mine, in desiring to meet Brown, or the commander of the enemy, whoever he might be, was to apologize for any outrages of my men, thereby placing myself in the right, before the matter should go farther. It was the first time American citizens, of different States, professing different politics, had met in battle array, (for I did not dream I was fighting Brown,) and I considered that there was a responsibility resting upon me which I, as a true patriot, could not disregard. I intended to put myself right, and then go ahead, regardless of consequences. This was not mentioned in my first account, for reasons 1 can explain satis- factorily, whenever it becomes needful. There is another consolation for me, if I showed the " white feather " at Black- Jack, namely : " He who fights and runs away shall live to fight another day ?" John Brown. 37 VIII. A FEW PUFFS. " 1 do not believe there is anything in Virginia but a puflf." — Wbndell Puillips. NOTES. The articles herewith published, entitled " John Browa and Compa- ny," were originally printed, as they were written, in the Norfolk Argus. It is my intention, if nothing interferes, to continue them in another work, because the subject is by no means exhausted. I have matter enough for an interesting volume about Kansas and the Harper's Ferry affair, and may issue one this Winter. However, as there is " nothing in Virginia but a mere puff," my resolution may blow away, and with it all my notes and worthy intentions. Hence, it is best for my readers to exp ect nothing, and then they will, in all probability, not be disagreeably disappointed. I first met John E. Cook in Brown's camp, on Middle Ottawa Creek, in Kansas, when I was a prisoner. He appeared pleased to meet me, for the reason, as he stated — I give his words — that I was " the only gentleman he came up with at the (so-called) siege of Lawrence." On visiting him at Charlestown he seemed glad to see me, and took appa- rent pleasure in stating to those around, that he had admired my conduct for its moderation, and my apparent desire to do right. In Brown's camp Cook proposed that if either of us should meet afterwards in bat- tle, each should spare the other, if an occasion presented itself, a propo- sition which I considered well meant, and accepted. He was aftewards at my house in Westport, Missouri, when I treated him kindly. He then had a great liking for ladies' company, and requested me to intro- 38 John Brown. tluce Lira ; but I did not do it, not having the time and opportunity. I was inclined to like him, while at the same time there was something about the fellow that repelled confidence, and fitted him for the calling of a spy. He was possibly acting in that capacity when he came to see me in Missouri. During my visit to the prison in Charlestown, Brown explained why my Bowie knife, which has been mentioned as taken and hid by Fred Brown, was not returned to me. He said that one of his party, whose name, for the sake of his cause, he would not mention, saw Fred Brown hide it, and then stole it, afterwards, trading it off. Captain Brown said that he subsequently traced the knife through several par- ties, and finally got it. He since gave it to a gentleman in Massachusetts as a token of respect and friendship. The name of this person he would not give. I liave thought Gapt. Brown gave this knife to Dr. Howe ; and that the fellow who stole it in Kansas from his son, Fred, was the thief referred to by Col. Forbes, who says he was re-employed by Brown out of " admiration for a desperate feat" of roguery in Missouri. He said he would have returned the knife if he had ever seen me, and always desired to explain why it was kept back. I told him I would like to own my knife once more, anl would purchase it, if he would let me know who had it — but he seemed afraid to do so, possibly thinking his friend in Massachusetts would be compromised, were he to furnish his name. If Brown's friend will send my weapon to me, I shall be obliged to him. I first visited Brown in jail on the evening of the 21st November. The next morning T was told by Capt. Avis that he desired to see me. When I went in, the old fellow was taking his frugal breakfast of coffee and bread, or broth and bread — I did not define which it was. I told him not to let me disturb his meal. He handed me a paper, and asked me to read aloud an article which he pointed out. The paper was the Charlestown Democrat, and the article, that from the Kansas Herald of Freedom, about the Pottowatomie massacre, from which I have quoted, and which has been so extensively printed and read in the United States. While I read, Brown addressed himself attentively to his bowl of breakfast. Dr. Straith and his son, Jas. R. Nash and Capt, Avis were present. When the piece was read, he asked me to give my opinion as to whether the Herald of Freedom was the leading Free State paper of the Territory. I told him it was so at one time, and accredited a^ such ; John Brown. 39 but that later, there had been a split ia the party, and iho radical Rc- publicaos repudiated it. He then asked nie if its atatemenos could be relied on. I replied that they could not, when Southern men and things were concernod ; that it was like the New York Tribune ; but was moderate and truthful iu many matter.^ connected with territorial affairs. I was then asked by Capt. Brown, my opinion as to whether ho committed the murders on Pottawatomie Creek. My answer was that 1 bad always thought so, because I had seen and heard the sworn statements of Mrs. Doyle confirmed by her son, and Mrs\ "Wilkinson, who said under oath that he killed their husbands, and nothing had ever shaken my belief in their evidence. To this he made no reply, only murmur- ing something about the murdered men being peaceable c'tizens ; but ho did not den hat he killed them. PUPPS ABOUT REDPATfl. 1 he first invention sent by Kansas correspondents, as a justification of the massacre, to the Northern Republican papers, was that they were killed thus : A party of free-soilers suddenly came on a party of pro-slavery men who were hanging an abolitionist. The free-soilers, just five also, each selected a pro-slavery fellow, fired, and the work was done. No names nor dates were given. This was rather a lame do. fence, and a new story was started. That was that the murdered men had threatened Brown's life, and had in fact warned him to leave or pay the penalty. "The next thing ^/jey knew, they knew nothing. " No names nor dates to this invention. Such are the absurd defences of those sympathizers of his, who would shield Browu from the respon- sibility and odium cf hig terrible crimes. The manufacturer of one of these stories at least, and that the most absurd, is James Redpath, the writer who gets up a much better article on fiction than on fact. Ho is the author of the following : •' I never chanced to meet old Brown for many months after the cap- ture of Clay Pate at Black- Jack. "I ought, however, to mention how the letters that I sent by ' Old Moore, the minister,' fared. I gave him three letters — the first a little note to a southern lady ; the second, my ' Confessions of a Horse Thief;' the third, a description of the condition of the country, in which was an account of the sacking of Palmyra, by H. Clay Pate and his men. "I told ' Old Moore, the minister,' if he were pursued, to destroy the large letters, which were designed for publication ; but to preserve the other-— the note— as there was nothing in it that could implicate him. 40 John Brown. " He had not gone inanj miles before he was seen, and pursued by Clay Pate's scouts. In his excitement he forgot my directions — preserved the • JDcendiary documents ' and destroyed the harmless hilltl diux. He was captured and brought to the camp. Pate ordered the letters to be opened, as soon as he learned they were mine — for we were rival corres- pondents for rival journals— and appointed Coleman, whom I had de- nounced as a murderer, to read my productions to his men ! ♦' First, came my ' Confessions of a Horse Thief.' Captain Wood, the United States officer who arrested me, was spared the ridicule, I had endeavored to throw on him, for Pate threw the letter into the fire. " Next came my description of the sacking of Palmyra and the Saxon names for Pate and his company. Old Moore declared afterward that he felt uneasy for his safety when he saw the rage which my letters aroused. It was universally admitted that I ought to be hanged, and they swore they would do it, too — when the cat was belled. As Mr. Moore was a quiet, unofFensive old man, and as he knew nothing of the contents of my letters till they were read in the pro-slavery camp, they permitted him to proceed on his journey to Kansas City. The next news of Pate was an account of his failure to capture Old Brown, although he had thirty men, and of Brown's success in capturing Pate, although the Old Captain had only ten men." Lie No. 1. — I never "sacked Palmyra," Lie No. 2. — " Old Moore " was not captured by my men, but was taken by Pennybaker's party. Lie No. 3. — 1 never saw those letters, and therefore did not " order them to be opened," nor did I " appoint Coleman to rjad them." Lie No. 4. — I did not throw "the letter in the fire," fcr I did not have it to throw there. Lie No. 5. — " Old Moore " was not " permitted to go on his jour- ney," for he was a prisoner when I was taken. Penr-ybaker was con- veying him to Lecompion. Lie No. 6.— Brown did not take me with " only ten men." If there were such letters as those described by Bedpath, they were taken and opened by Pennylacker, or some one else, not by me . These are only a few points going to show the truthfulness of this roman3er. And Bedpath is as great a coward as liar. If he were as good a fighter with the sword as he is with the pen, he would be a war- rior more celebrated than Napoleon, and a conqueror, equal, if not superior, to Alexander the Great. He will insult you with the pen, and Jolin Brown. 41 then refuse you satisfaction with the sword. Set it down : a coward is always a liar, and a liar is ahoays a coward. OLD brown's VEBACITT. Before I left the prison, Capt. Brown referred me to the report of his speech at Cleveland, in the Plain Dealer. He. said in that he had done me full justice, giving me all the credit for bravery he was willing to grant I deserved then. He had cut out the report, which was a full one, and he said it was among his captured papers on the Kennedy farm, and hoped I might find and use it. He was willing before he died, to do what he could to vindicate me frona unjust aspersions and ungen- erous insinuations. I left him impressed with a favorable opinion of his truthfulness. It was not long, however, before that opinion was dispelled. He denied to me in prison, that he had ever said he took me at Black-Jack with sis, nine, or ten men. At Harper's Ferry, I met a gentleman of the highest respectability, who declared that Brown told him, only the day before, I think, that he defeated me with nine men — he would make oath to it. I confess I was disappointed ; but I ought to have known that such inconsistent conduct was in keeping with Brown's entire life and deportment. I did know, but temporarily for- got it, out of charity for poor, fallen human nature. God forgive hini I could puff away until Christmas, if I chose, but let this end my puf- fing for the present. 42 Joh)i Brown. IX. APPENDIX JOHI^f brown'-? idea of aOVERNMENT. Among the papers ia possession of Brown and his party, was the clrafb of a basis of government, which evidently embraced the fundamen- tal ideas which animated the leader and his men. The main features of this paper appear in the following synopsis ; Prooisional Ccnstiiution and Ordinances for (he People of the United States. Preamble. — Whereas, Slavery, throughout its entire existence in the United States, is none other than the most barbarous, unprovoked and unjustifiable war of one portion of its citizens against another portion, the only conditions of which are perpetual imprisonment, and hopeless servitude, or absolute extermination in utter disregard and violation of those eternal and self-evident truths set forth in our Declaration of In. dependence : Therefore, We, the citizens of the United States, and the oppressed people, who, by a recent decision of the Supreme Court, are declared to have no rights which the white man is bound to respect, together with all the other people degraded by the laws thereof, do, for the time beino-, ordain and establish for ourselves the following Provisional Con- stitution and Ordinances, the better to protect our people, property, lives, and liberties, and to govern our actions ; Qualifications of Membership. Article 1. — All persons of mature age, whether proscribed, oppressed, and enslaved citizens, or of proscribed and oppressed races of the United States, who shall agree to sustain and enforce the Provisional Constitu- tion and ordinances of organization, together with all minor children of such persons, shall be hold to be fully entitled to protection under the same. Branches of Government. Art. 2. — The Provisional Government of this organization shall con- fiist of three branchea, viz. : the Legislative, the Executive, and Judicial. Joim, Brown 43 TiiQ Legislature. Art. o. — Tho Legislative J3raucb shall bo a Congress, or iiousc of ilcpre«entatives, composed of not loss than live, nor more than ton mem- bers, who shall be eluctcd by all tlio citizens of mature age and sound mind, connected with this organization, and who shall remain ia office for three years, unless sooner removed for misconduct, inability, or death. A majority of .such members shall constitute a quorum. Execudv'i. Art. 4.— The Executive Branch of the organization shall consist of a !.*resident and Vice President, who shall be chosen by the citizens, or members of this organization, and each of whom shall hold office for throe years, unless sooner removed by death, or for inability, or for miscondu.;t. Judicial. Art. 5. — The Judicial Branch consists of one Chief Justice of the Supreme Court, and four Associate Judges of the said Court, each of them constituting a Circuit Court. They shall each be chosen in the same manner as the President, and shall continue in office until their places have been filled in the same manner by an election of citizens. Articles 13 to 25 provide for the trial of the President and other offi- cers, and Members of Congress, tlie impeachment of Judges, the duties of the President and Vice President, the punishment of crimes. Army appointments, salaries, etc., etc. These articles are not of special inter- est and are therefore omitted. Treaties of Peace. Art. 24. — Before any treaty of peace shall take full eifect it shall be signed by the President, Vice President, Commander-in-Chief, and a majority of the House of Representatives, a majority of the Supreme Court, and a majority of the general officers of the Array. Duty of the Military. Art. 27. — It shall be the duty of the Commander-in-Chief, and all the officers and soldiers of the armv, to afford special protection, when needed, to Congress, or any member thereof, to the Supreme Court, or any member tliereof, to the President, Vice-President, Treasurer, and Secretary of War, and to afford general protection to all civil officers, or other persons having a right to the same. Property. Article 28. — All captured or confiscated property, and all the property the product of the labor of those belonging to th's organiza- tion, and of their familie?, shall be held as the property of the whole equally, without distinction, and may be u.sed for the common benefit, or disposed of for the same object. And any person, officer or other- wise, who shall improperly retain, secrete, use, or needlessly destroy such property, or property found, captured, or confiscited. belonging to the enemy, or shall willfully neglect to render a full and fair statement of such property by him so taken, or held, shall be guilty of a misde- xaeanor, and on conviction shall bo punished accordingly 44 John Brown. Art. 29. Safely or Intelligence Fiaid , All money, plate, watches, or jewelry captured by honorable warfare, found, taken, or confiscated, belonging to the enemy, shall be held sa- cred to constitute a liberal safety or intelligence fund, and any person who shall improperly retain, dispose of, hide, use, or destroy such mon- ey or other articles above named, contrary to the provision and spirit of this article, shall be decneJ guilty of theft, and on conviction thereof, shall be punished accordingly. The Treasurer shall furnish the Com- mander-inChief at all times with a full statement of the condition cf such fund, and its nature. Art. 30. The Comma7ider-in-Chief and the Treasury. The Commander-in-Chief shall have power to draw from the Treasury tLe money and other property of the fund provided for in Article 29 ; but his orders shall be signed also by the Secretary of War, who shall keep a strict account of rho same, subject to examination by any mem- ber of Congress or General officer. Art. 31. Surplus of the Safety or Intdligenct Fund. It shall be the duty of the Commander-in-Chief to advise the President of any surplus of the Safety or Intelligence Fund, and he shall have pow- er to draw the same, his order being also signed by the Secretary of State, to enable him to carry on the provisions of Article 17. Art. 32. Prisoners. No person, after having surrendered himself a prisoner, and who shall properly demean himself or herself as such, to any officer or private con- nected with this organization, shall afterward be put to death, or be sub- jected to any corporeal punishment, without having first had the benefit of a fair and impartial trial ; nor shall any prisoner be treated with any kind of cruelty^ disrespect, insult or needless severity, but it shall be the duty of all persons, male and female, connected herewith, at all times, and under all circumstances, to treat all such prisoners with every degree of respect and kindness that the nature of the circumstances will admit of, and insist on a like course of conduct from all others as in fear of the Almighty God, to whose care and keeping we commit our cause. Art. 33. Volunteers. All persons who may come forward and, shall voluntarily deliver up slaves, and have their names registered on the books of this organization, shall, so long as they continue at peace, be entitled to the fullest protec- tion in person anct property, though not connected with this organization, and shall be treated as friends, and not merely as persons neutral. Art. 34. Neutrals. The persons and property of all non-slaveholders who shall remain ab- solutely neutral, shall be respected so far as circumstances can allow of it, but they shall not be entitled to any active protection. Art, 35. No Needless Waste. The needless waste or destruction of any useful property or article by fire, throwing open of fences, fields, buildings, or needless killing of ani- John Brown. 45 raals, or injury of either, shall not be tolerated at any Uine or placo, 'i)ut shall be promptly and peremptorily punished . Art. 36. Fropcrty Confiscaied. The entire personal and real property of all persons known to be acting either directly or indirectly with or for the enemy, or found in arms with them, or found willfully holdin^^ slaves, shall be confiscated and taken whenever and wherever it may be found, in either Free or Slave States. Art. 31. Desertion. Persons convicted on impartial trials of desertion to the enemy, after becoming members, acting as spies, of treacherous surrender of property, arms, ammunition, provisions or supplies of any kind, roads, bridges, per- sons, or fortifications, shall be put to death, and their entire property confiscated. Art. 38. Violation of Parole of Honor. Persons proved to be guilty of taking up arms after having been set at liberty on parole of honor, or after the same to have taken any active part with or for the enemy, direct or indirect, shall be put to death, and their entire property confiscated. Articles 39, 40, and 41, require all to labor for the general good, and prohibit immoral actions. Art. 42. The Marriage Relation — Schools — The Sahhalh. Marriage relations shall be at all times respected, and families shall be kept togethar as far as possible, and broken families encouraged to reunite, and intelligence offices shall be established for that purpose. Schools and churches shall be established as may be, for the purpose of jreligious and other instruction, and the first day of the week shall be regarded as a day of rest and appropriated to moral and religious instruction and improve- ment to the relief of the suffering, the instruction of the young and ignorant, and the encouragement of personal cleanliness, nor shall any person on that day be required to perform ordinary manual labor, unless in extremely urgent cases. Art. 43. To Carry Arms Ojpenly. All persons known to be of good character, and of sound mind, and suitable age, who are connected with this organization, whether male or female, shall be encouraged to carry arms openly. Art. 44. No Person to Carry Concealed Weapons. No person within the limits of conquered territory, except regularly appointed policemen, express officers of army, mail carriers, or other fully accredited messengers of Congress, the President, Vice-President, mem- bers of the Supreme Court, or commissioned officers of the Army, and those nnder peculiar circumstances, shall be allowed at any time to carry concealed weapons ; and any person not specially authorized so to do who shall be found so doing, shall be deemed a suspicious person, and may at once be arrested by any officer, soldier, or citizen, without the formality of a complaint or warrant ; and may at once be subjected to thorough search, and shall have his or her case thoroughly investigated, and be dealt with as circumstances on proof shall require. 46 John Brown. Art. 46, T'crsons to be Seized. Persons living within the limits of t'erritory 1-oldeu by this organiza- tion, and not connected with this organization, having arms at all, con- cealed or otherwise, shall be seized at once, or be taken in charge of by some vigilant officer, and their case thoroughly investigated ; and it shall be the duty of all citizens and soldiers, as well as officers, to arrest such parties as are named in this and the preceding section or article, without formality of complaint or warrant ; and they shall be placed in charge of some proper officer for examination, or for safe keeping. Art. 46. These Articles not for the Overthrow of GovernmenL The foregoing articles shall not be construed so as in any way to eucoDr- age the overthrow of any State Gorernment or of the General Gorera- ment of the United States, and look to no dissolution of the Union, but simply to amendment and repeal, and our flag shall be the same that our fathers fought under in the Revolution. Art. 47. No Plurality of Offices. No two offices specially provided for by this instrument shall be filled by the same person, at the same time. Art. 48. Oath. Every officer, civil or military, connected with this organization, shall, before entering upon the duties of office, make a solemn oath or affirmation to abide by and support the Provisional Constitution and these ordinances. Also, every citizen and soldier, beiure being recognised as such, shall do' the same. Schedule. The President of this Convention shall convene, immediately on tbe- adoption of this instrument, a Convention of all such persons as shall have given their adherence, by signature to the Constitution, who shall proceed to fill by election all offices specij:i!y named in said Constitution — the Pesi* dent of this Convention presiding and issuing commissions to such officere- elect. All such officers being hereafter elected in the manner provided in the body of this instrumeRt. THE KANSA.S COMMISSION. [From tho Washington Union.] On Friday the minority report of Mr. Oliver will be presented to the House. It is frequently asked " Why the committee did not agree ? Is not Mr. Oliver's secession a captious movement ?" The answer is., that it was not captious, and that Mr. Oliver was compelled to secede from the committee, so far as to make a minority report. The ap- pointment of one Southern man could have resulted in no good, except John Brown 4T he were permitted to make a report differing from that agreed on by the majority- From the beginning, the majority of the committee act- ed without reference to the minority ; they treated him as a cipher. If they made an agreement, it was cither not noticed, or directly violated. Thus, it was agreed that they should first meet at Leavenworth city ; to that place Mr. Oliver went, but Messrs. Howard and Sherman stop- ped at Kansas city, and instead of going to Leavenworth, as agreed upon, they repaired to Lawrence. Mr. Oliver had to learn of the movements of the majority as best he could, and follow them up from place to place. There should have been no session held in Lawrence, and the fact that there was one held there is proof enough that no regard was paid to the feelings of the minority. Gen. Whitfield and his friend . It was notorious that no one friendly to the pro-slavery party could be free from insult or disturbance of some kind in Lawrence. Again : the majority of the committee agreed to adopt Greenleaf on Ev- idence as a guide in taking testimony, yet when the rules of Greenleaf did not suit their side of the question they violated the agreement bjeschew- ing the rules there laid down. General Whitfield'scounsel endeavored, by applying those rules, to reject hearsay testimony as to the voting done by residents of Missouri ; the majority overruled the counsel, and dis- regarded their own bargain. The prominent reasons why Mr. Oliver could not unite with the ma- jority in their report are these: First, the majority excluded from their report everything but what was prejudicial to the pro-slavery or law- and-order party, and favorable to the abolition or rebel party. The testimony, which was only hearsay, shows that some Mis- feourians voted, but that in the majority of districts the bona fide pro-slavery settlers had an actual majority. This being the fact — which the majority perversely overlooked, or purposely disregarded — the legislature which passed the law under which J. W. Whitfield was elected was a valid body, and Gen. Whitfield is the legal representative of Kansas in the House. The majority reported that the legislature was an invalid body, and that Whitfield is not, therefore, a lawful repre- sentative — conclusions which the facts did not warrant the majority in coming to, and which it would not be expected that Mr. Oliver would concur in. During the investigation, testimony in relation to the tarring and fea- thering of Pardee Butler, and other violence alleged to have been com- mitted by the pro-slavery party, was admitted to record by the majority; these things having occurred after the committee were appointed. Af- terwards, when General Whitfield tried to introduce testimony as to out- rages on the part of the free-State party, unfavorable to them, the ma- jority refused to admit it, on the ground, as they say in their report, that it was not " ivithin their power or duty to take testimony as to events which transpired after the date of their appointment.^^ They had, however, taken testimony as to events which had transpired after their appointment, and this sudden conclusion was about to involve them into an inextricable dilemma. "How are we to get out of this dilem' ma, and make a show of ooneietency ?" was the queetion they put to 48 John Brown. themselves. It was answered, " By expunging the testimony as to t Pardee Butler and other outrages." They reasoned in this sort of way : " Pardee Butler's case is a great outrage, but then the Pottawatomie Creek murders are much greater. If we let Butler's testimony stand, we shall have to admit testimony about those murders done by our party and we shall get the worst of it." Mr. Oliver will submit, along with his report, evidence of the massacre of five pro-slavery people on Pottawatomie creek, namely ; Allen \yil- kinson, Wm. Sherman, W. P. Doyle and two sons, whose lives were taken by abolitionists merely because they entertained pro-slavery sentiments, and acted with the pro-slavery party — murders committed under circum- stances of cruelty, a parallel to which can only be found in the annals of uncivilized savages. Secondly. The committee were reckless in their statements. One instance of their recklessness is in the declaration that Captain Pate's party, who were attacked and overpowered by the very men who were engaged in the Pottawatomie Creek murders, consisted " chiefly of cit- izens of Missouri." Since the report of the majority wag submitted to the House, Mr. Olliver caused evidence to be taken before the committee which proves that there was not one single bonajide citizen of Missouri in that party. Jt is not reasonable to expect Mr. Oliver to agree to a report which disregarded facts showing the contrary of what it contained, and present- ed to the House and to the public matters for the truth of which there is not a shadow of authority. The committee referred to the fact that Gen. Whitfield went to the Territory, as it is said, " with an invading army," I beg to say a word or two as to this. Many of the party who were taken prisoners had warm friends in Missouri, and some of them relatives. They heard that the party were in the power of murderers and cut-throats, and the com- mon instincts of human nature prompted them to go to the rescue of their friends and relatives. They did not know but that one hour of de- lay would make it too late, and they hurried to the rescue. Gen. Whit- field went along. Had it been necessary to fight in order to release the imprisoned party, no doubt Gen. Whitfield would have been in the fight ; but I believe that he accompanied the Missourians no less to caution to moderation and prevent violence tnan to relieve the impris- oned. Alleged acts of violence are charged upon Gen. Whitefield. If any were committed — and none were, so far as I know — they are no more attributable to him than to President Pierce, Mr. Speaker Banks, or the man in the moon. As soon as the party were released, General W. re- turned to Westport, and was in attendance on the congressional committee when the acts of violence charged upon him are said to have been done. Under the circumstances, humanity, the instincts of friendship, and the desire to prevent a terrible calamity, lei Gen. Whitfield into Kansas. If I know him, under like circumstances the same attributes of his gen- erous nature would lead him there again, no matter if it cost him the value of three-score sjats in Congress. WASHmaiON, July 9, 1856. LlBRARV OF CONGRESS iiiiii 016 088 966 4